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PC 2018/02/21 City of Anaheim Planning Commission Agenda Wednesday, February 21, 2018 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairperson: Bill Dalati • Chairperson Pro-Tempore: Michelle Lieberman • Commissioners: John Armstrong, Jess Carbajal, John Gillespie, Kimberly Keys, Steve White • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Consent Calendar • 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, February 15, 2018, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 02-21-2018 Page 2 of 6 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. 02-21-2018 Page 3 of 6 Consent Calendar There will be no separate discussion on the item prior to the time of the voting on the motion unless members of the Planning Commission, staff, or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations ITEM NO. 1A CONDITIONAL USE PERMIT NO. 2016-05887 (DEV2016-00104) Location: 2620 West Orange Avenue Request: The applicant requests a six-month compliance review of a conditional use permit to permit and retain an existing church within a multi-tenant office building. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Motion Project Planner: Nick Taylor njtaylor@anaheim.net 02-21-2018 Page 4 of 6 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2009-05412B PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00139 (DEV2017-00121) Location: 1652 West Lincoln Avenue Request: To allow the sale of beer for on-site consumption at an existing entertainment venue (Chain Reaction), and an associated Determination of Public Convenience or Necessity to allow a new Type 40 Alcoholic Beverage Control license for on-site beer sales. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Resolution No. ______ Resolution No. ______ Project Planner: Joanne Hwang jhwang@anaheim.net ITEM NO. 3 SPECIMEN TREE REMOVAL NO. 2017-00006 (DEV2017-00095) Location: 373 and 375 South Silverbrook Drive Request: The applicant is requesting approval of a Specimen Tree Removal Permit to permit the removal of six specimen trees without obtaining City approval. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15304 (b), Class 4 (Minor Alterations to Land). Resolution No. ______ Project Planner: Joanne Hwang jhwang@anaheim.net 02-21-2018 Page 5 of 6 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2017-05914 ADMINISTRATIVE ADJUSTMENT NO. 2018-00414 VARIANCE NO. 2018-05101 (DEV2017-00040) Location: 3043 West Lincoln Avenue Request: The applicant requests approval of the following land use entitlements: (i) a conditional use permit to allow the commercial use of a residential structure; (ii) an administrative adjustment to allow fewer parking spaces than required by the Zoning Code; and (iii) a variance to allow reduction in the required interior landscaping setback and a parking space located in front of the main structure. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Joanne Hwang jhwang@anaheim.net ITEM NO. 5 GENERAL PLAN AMENDMENT NO. 2017-00514 ZONING CODE AMENDMENT NO. 2017-00142 (DEV2017-00075) Location: Citywide Request: City-initiated amendments to the General Plan Land Use Element to create four new Mixed Use land use designations and a new residential land use designation; and Title 18 (Zoning) of the Anaheim Municipal Code, to modify Chapters 18.06 (Multiple-Family Residential Zones) and 18.32 (Mixed Use Overlay Zone) to implement the new land use designations. Environmental Determination: The Planning Commission will consider whether the proposed action is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15060(c)(2). Resolution No. ______ Resolution No. ______ Project Planner: Nick Taylor njtaylor@anaheim.net Adjourn to Monday, March 5, 2018 at 5:00 p.m. 02-21-2018 Page 6 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:15 p.m. February 14, 2018 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos 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. 1A PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: FEBRUARY 21, 2018 SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05887 LOCATION: 2620 West Orange Avenue (Iglesia De Dios Israelita Church) APPLICANT/PROPERTY OWNER: The owner and applicant is Iglesia De Dios Israelita, Inc., represented by Martin Gomez. REQUEST: The applicant requests a six month compliance review of a conditional use permit (CUP) to permit and retain a church within an existing office building. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, receive and file the six month review of Conditional Use Permit No. 2016- 05887. BACKGROUND: The 0.33-acre property is developed with a two story office building. The property is located within the "C-G" General Commercial zone and the General Plan designates the property for Low-Medium Density Residential land uses. Surrounding land uses include Maxwell Elementary School to the north across Orange Avenue, automotive repair to the east, a retail and office building to the south, and single-family residential land uses to the west. The church was established at this location in July 2016, without prior approval of a CUP, nor the building permits needed to legally allow several interior improvements to the building. The church was conducting three services on Saturdays with a sanctuary on the second floor, and sharing parking with the adjacent property. Shortly after establishment, staff received a complaint from a neighbor and informed the owner of the property and the church operator that a CUP was required to permit a church and that building permits were required for the interior modifications to the office building. In October 2016, the applicant submitted an application for a CUP. Prior to the hearing, the City received multiple noise complaints about the church from the adjacent neighborhood. On July 10, 2017, the Planning Commission held a public hearing on this CUP request and received testimony from several residents in the adjacent neighborhood. The residents raised concerns relating to privacy, noise, and construction without CONDITIONAL USE PERMIT NO. 2016-05887 February 21, 2018 Page 2 of 3 permits. The Planning Commission continued the hearing to allow the applicant to meet with the neighboring residents and attempt to resolve their concerns. Staff facilitated a meeting between church representatives and residents on July 20, 2017. Several residents attended the meeting and discussed their privacy and noise concerns in detail. The church representatives stated that they understood the concerns and would manage their activities to minimize the potential noise and privacy impacts, as well as continue to work with the City to obtain the necessary building permits. However, there was not a clear agreement reached to address the noise and privacy issues to the satisfaction of both parties. Building Division staff visited the site on July 27, 2017 and recommended that several items relating to proper emergency escape (means of egress) for an assembly use be addressed prior to commencement of any further services due to safety concerns. Other items identified by the Building Inspector that needed to be addressed included electrical repair, permitting the existing commercial kitchen, and permitting all other alterations made to the building. The applicant revised their plan to include relocation of the sanctuary to the first floor and converting the existing second floor sanctuary back to commercial offices. The Planning Commission approved the CUP on August 7, 2017, and imposed conditions relating to the permitting of the unpermitted work and relocation of the sanctuary to the first floor. Specifically, the applicant was required to:  Hire an architect/design professional to prepare the necessary plans by September 7, 2017  Submit plans by November 7, 2017  Obtain all applicable permits by January 7, 2018  Complete all work and obtain final inspections by April 7, 2018 PROPOSAL: Pursuant to the conditions of approval, the applicant is also subject to a six- month compliance review. Since the approval date, the following has occurred: the applicant stated that plans would be submitted the week of September 25, 2017. The applicant provided the information for the design professional hired on September 26, 2017, and staff confirmed with the company over the phone. However, plans were not provided until January 11, 2018, when they were emailed to City staff from a different design professional. These plans were determined to be insufficient; Planning and Building staff met with the design professional to provide further direction. Staff most recently met with Pastor Martin Gomez and the design professional on January 31, 2018, and determined that the plans were sufficient to submit for an Investigation Inspection (a preliminary building inspection to identify potential violations), but did not have enough information for a formal plan check submittal. Since the approval of the CUP, Planning staff received one complaint regarding noise created by church’s gardeners. Staff relayed the concern to Pastor Gomez. No complaints have been received relating to church activities. CONDITIONAL USE PERMIT NO. 2016-05887 February 21, 2018 Page 3 of 3 CONCLUSION: The permitting of the church has not been found to create a nuisance to existing businesses and residences in the area. Though the applicant is not in compliance with Condition Nos. 12 and 13 relating to the submittal of building plans, the applicant has demonstrated substantial progress in the past month; therefore, staff recommends that the Planning Commission receive and file this six month review and allow staff to continue to monitor the applicant’s progress toward complete compliance. Should the applicant fail to submit plans within the next two months, or complete the necessary work within the next six months, staff intends to schedule the application for consideration of possible revocation by the Planning Commission. Prepared by, Submitted by, Nick Taylor Irma Huitron Associate Planner Acting Planning Services Manager Attachments: 1. Approving Conditional Use Permit Resolution 2. Applicant Letter 3. Correspondence R S -2 S I N G L E F A M I L Y R E S I D E N C E C-GAUTOREPAIRSERVICE TMATIE LOU MAXWELLELEMENTARY SCHOOL TOFFICESMAGNOLIAUNIFIEDSCHOOLDISTRICT RS-2SINGLEFAMILYRESIDENCE RS-2S.F.R. TMAGNOLIA ACRESAPARTMENTS40 DU RS-2SINGLEFAMILYRESIDENCE RS-2S.F.R. RS-2SINGLEFAMILYRESIDENCE TRELIGIOUS USE C-GOFFICESANDCHURCH C-GRETAIL RS-2S.F.R. RS-2SINGLE FAMILY RESIDENCE RS-2SINGLEFAMILYRESIDENCE TSINGLEFAMILYRESIDENCERS-2SINGLEFAMILYRESIDENCE RS-2S.F.R. RS-2S.F.R. RS-2S.F.R. TRELIGIOUSUSE RM-3S.F.R. RS-2S.F.R. RM-3ATRIUM GARDENAPARTMENTS51 DU RM-3STANFORDAPARTMENTS RM-3VILLA CAPRIAPARTMENTS RM-3VILLA CAPRIAPARTMENTSRM-3MAGNOLIA POINTAPARTMENTS S M A G N O L I A A V E W ORA NGE AV E W W EST HAV EN DR S K E N M O R E S T W RU NYON P L W ORA NG E AV E S A R O N S T W K EYS L N S S Y L V A N S T S V E R O N A S T W ROVEN AVE S S Y L V A N S T S K E N M O R E S T S V E R O N A S T W. BALL RD W. LINCOLN AVE W. BRO ADWAY S . D A L E A V E W. ORANGE AVE S . M A G N O L I A A V E S . B R O O K H U R S T S T S . B E A C H B L V D W. LINCOLN AVE S . B E A C H B L V D 2 6 2 0 Wes t Orange Avenue D E V N o. 2016-00104 Subject Property APN: 126-191-22 °0 50 100 Feet Aeria l Pho to:May 20 16 S M A G N O L I A A V E W ORA NGE AV E W W EST HAV EN DR S K E N M O R E S T W RU NYON P L W ORA NG E AV E S A R O N S T W K EYS L N S S Y L V A N S T S V E R O N A S T W ROVEN AVE S S Y L V A N S T S K E N M O R E S T S V E R O N A S T W. BALL RD W. LINCOLN AVE W. BRO ADWAY S . D A L E A V E W. ORANGE AVE S . M A G N O L I A A V E S . B R O O K H U R S T S T S . B E A C H B L V D W. LINCOLN AVE S . B E A C H B L V D 2 6 2 0 Wes t Orange Avenue D E V N o. 2016-00104 Subject Property APN: 126-191-22 °0 50 100 Feet Aeria l Pho to:May 20 16 AT T A C H M E N T NO . 1 ATTACHMENT NO. 2 1 Nicholas J. Taylor From:Rubens Calderon <rubens_calderon@hotmail.com> Sent:Thursday, January 11, 2018 10:09 AM To:Oscar Davalos; Terrance B. Alford; Nicholas J. Taylor Subject:2620 W ORANGE AVENUE Attachments:orange APP (1).pdf; orange SP (1).pdf; orange TITLE (1).pdf; orange A-1 (1).pdf; orange A-2 (1).pdf; orange A-3 (1).pdf Good Morning. this is what the plans look like. please let me know when the appointment and if i need to add to the plans. thank you Rubens Calderon Professional Auto Cad Services Code Enforcement Solutions Design-Drafting-Consultants Coordinator New Constructions Additions Cell : 323.229.3773 Remodeling Phone : 626.318.2168 Health Department Fax : 626.239.3271 Permits Email : rubens_calderon@hotmail.com ATTACHMENT NO. 3 1 Nicholas J. Taylor From:Nicholas J. Taylor Sent:Monday, January 08, 2018 11:32 AM To:'jjcamet68@yahoo.com'; Lea Zesati Subject:Church Permit Hi Martin and Lea, We’ve reached the deadline for permits to be issued which was set by the Planning Commission and I don’t see that the permit application has been submitted. Terry and I met with Rubens and gave him some direction, but it is imperative that you make some progress toward obtaining a permit. As a reminder, the Planning Commission asked that they receive a 6-month update which is fast approaching. I’m worried that with the lack of progress they may be inclined to revoke your CUP. Please provide me with an update as soon as possible. I would really like to see the church succeed at this location and will help any way that I can, but we need to get everything permitted. Please let me know if you have any questions. Sincerely, Nick Taylor Associate Planner Planning and Building Department City of Anaheim 200 South Anaheim Boulevard │ Suite 162 Anaheim, CA 92805 Office (714) 765-4323 E-mail NJTaylor@anaheim.net 1 Nicholas J. Taylor From:Martin Gomez <jjcamet68@yahoo.com> Sent:Friday, December 08, 2017 10:42 AM To:Nicholas J. Taylor Subject:2620 w orange Ave Good morning This is Pastor Martin Gomez I want to apologize for all the delays that we been having with the process, we have been thru a lot economic difficulties, and I finally found the money to hire a designer and was in the middle of developing the floor plans, and didn't hear anything from him until 5 days ago finding out that was hospitalized due to bladder stones, but yesterday he promised me to have the floor plans ready by next Tuesday. I'm sorry about the delays,we do not have tenants any more so money it's an issue right now, we are working to get out of all situations, thank you for your understsnding. Sent from Yahoo Mail on Android 1 Nicholas J. Taylor From:Lea Zesati <lea.zesati@me.com> Sent:Monday, September 25, 2017 11:44 AM To:Nicholas J. Taylor Subject:Re: Iglesia De Dios - Architect Hi Nick, We have confirmed the architect and construction company that will be doing our construction drawings. We are doing a full inspection and walk through with the architect and contractor on Friday morning. Below is the company details. I will have a signed agreement / work receipt by then. Thanks Lea De La Riva Construction, Inc. Address: 421 E Commercial St, Anaheim, CA 92801 Phone: (714) 871-9561 Jose De La Riva On Sep 21, 2017, at 9:38 AM, Nicholas J. Taylor <NJTaylor@anaheim.net> wrote: That's great. Please provide you're a copy of your contract with the architect as soon as possible so we can check that item off the list. Thanks for following up. Nick Taylor Associate Planner Planning and Building Department City of Anaheim 200 South Anaheim Boulevard │ Suite 162 Anaheim, CA 92805 Office (714) 765-4323 E-mail NJTaylor@anaheim.net -----Original Message----- From: Lea Zesati [mailto:lea.zesati@me.com] Sent: Thursday, September 21, 2017 9:34 AM To: Nicholas J. Taylor <NJTaylor@anaheim.net> Cc: Oscar Ochoa-Chavez <OOchoa-Chavez@anaheim.net> Subject: Iglesia De Dios - Architect 2 Hi Nick, Quick update. The downstairs tenant has moved out, we are finalizing the architect details and contract this week for the new plans. Also the fire department is scheduled to come check all building requirements next week and we are making appropriate submission of all permits and paperwork as well next week. Blessings Lea Sent from my iPhone ________________________________ THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAWS. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, forwarding, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by e-mail or telephone, and delete the original message immediately. Thank you. 1 Nicholas J. Taylor From:Nicholas J. Taylor Sent:Monday, September 18, 2017 8:50 AM To:'Lea Zesati' Subject:RE: Update Ok, please send over a copy of an executed contract ASAP. Please keep in mind that failure to comply with conditions may result in Planning Commission revocation of your CUP. It is critical that you comply with these conditions, especially since they are related to life/safety issues with the building. Thanks, Nick Taylor Associate Planner Planning and Building Department City of Anaheim 200 South Anaheim Boulevard │ Suite 162 Anaheim, CA 92805 Office (714) 765-4323 E-mail NJTaylor@anaheim.net -----Original Message----- From: Lea Zesati [mailto:lea.zesati@me.com] Sent: Monday, September 18, 2017 8:46 AM To: Nicholas J. Taylor <NJTaylor@anaheim.net> Subject: Re: Update No we have had several meetings and finalizing that as we speak. Sent from my iPhone > On Sep 18, 2017, at 8:44 AM, Nicholas J. Taylor <NJTaylor@anaheim.net> wrote: > > Lea, > > Most importantly for compliance with you conditions of approval: have you hired an architect? > > Nick Taylor > Associate Planner > Planning and Building Department > City of Anaheim > 200 South Anaheim Boulevard │ Suite 162 Anaheim, CA 92805 > > Office (714) 765-4323 > E-mail NJTaylor@anaheim.net > > -----Original Message----- 2 > From: Lea Zesati [mailto:lea.zesati@me.com] > Sent: Monday, September 18, 2017 8:34 AM > To: Nicholas J. Taylor <NJTaylor@anaheim.net> > Cc: jjcamet68 <jjcamet68@yahoo.com> > Subject: Update > > Hi Nick, > > I received your email regarding an update on all the deliverables needed. We have been working through them and moving along very steadily. Our main goal is the fire department as there changes are needed by the end of the month. > > Also the downstairs tenant is in the process of moving out and they should be emptying out the building with in the next week. After that we can begin with the proposed plans to be submitted. > > By the end of the week I will email you a full detailed update. > > Blessings, > > Lea > > Sent from my iPhone > > ________________________________ > > THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAWS. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, forwarding, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by e-mail or telephone, and delete the original message immediately. Thank you. 1 Nicholas J. Taylor From:Nicholas J. Taylor Sent:Wednesday, August 09, 2017 9:57 AM To:Lea Zesati Cc:jjcamet68 Subject:Church 1st floor relocation Hi Lea, Congratulations on your approval. I’m going to continue to work with you through your upcoming permitting process. As a reminder, you are required to secure the services of an architect or design professional to prepare necessary plans to permit works already done, change of occupancy, and relocation of the sanctuary. This must be done within 30 days (September 7). Please provide me with written confirmation when this is complete. It can be in the form of an executed contract or a letter from the architect stating that he has been retained to perform the work. Please also contact business licensing to obtain a license for the church. 714-765-5194. Thanks and good luck with your upcoming project. Please call me with any questions. Sincerely, Nick Taylor Associate Planner Planning and Building Department City of Anaheim 200 South Anaheim Boulevard │ Suite 162 Anaheim, CA 92805 Office (714) 765-4323 E-mail NJTaylor@anaheim.net Dear Nick, Before previous Planning Commission meetings you had said that you could make sure that all members of the Planning Commission be provided in advance any documents that I cared to supply for their consideration prior to the meeting and vote. Does this still hold true for the next meeting? If so, it is my request that each Planning Commissioner be provided the following (and attached) document as soon as possible, rather than me offering it at the busy meeting. I want to make sure they receive it in time to carefully read and consider what is presented here before they convene to vote. Perhaps you could simply forward this email to each member? Or would it be better if I emailed it to them individually myself? Please advise. Thank you. Sincerely, Grant Hier < see below > NEW CORRESPONDENCE ITEM NO. 1A February 18, 2018 Dear Members of the Planning Commission: I have asked Nick Taylor to forward this letter to you regarding Permit 2016-05887 (DEV2016- 00104) for the property located at 2620 West Orange, that you might consider it in advance of your meeting on Wednesday. Six households on both the east and west sides of South Kenmore Street (directly west of the 2620 West Orange), as well as renters and other concerned neighbors in the surrounding housing tract have been complaining about the operations at 2620 West Orange since the current owners took over operations of the building. The residents nearby have individually and collectively sent City officials dozens of emails, met in person with the 2620 tenants to voice our concerns and seek resolution, met in person with officials at the Planning and Building Department offices downtown, attended Planning Commission meetings proper, and (reluctantly, because of the continuing disruption despite all of our efforts) had to call in dozens and dozens of noise complaints to the Anaheim Police—all in attempts to subdue the disruptive church operations being conducted in a building never zoned to function as a church. While actions specified in the CUP (such as shutting doors and windows, restricting amplification, and moving services to the first floor) will certainly help, there are many other problems associated with the church activities at these premises that simply can not be remedied, and which have caused undue grief and suffering to those in the surrounding neighborhood. The tenants have testified that they are doing their best to control noise, and that they have succeeded. They have not. Even without church services being held on the second floor, they are unable to control the noise levels associated with any activities there, including non-church service functions, even their noisy cleaning crews. But the biggest problem is the noise from the parking lot below. Despite the promises to keep people from being loud, and claims that they have succeeding in doing so, the truth is that they simply have not (as is evidenced by the many missives, meetings, and police calls complaining of the disruptions at that property). In fact, regardless of the other CUP conditions, there is simply no way anyone can control the excessive noise caused by 20-70 people at a time arriving and departing the premises for church functions, as tenants themselves say there are and will continue to be. It is simply too much. Imagine dozens of car alarms chirping as cars arrive and depart at all hours, the car engines revving, car doors slamming, people shouting across the lot, and so on. This is happening literally the width of a cinderblock from our back yards, and only a few steps from our kitchen and bedroom windows. The trees we do have growing in attempts to block it does little. The noise sails over our walls and easily carries inside of our homes, and will do so regardless of any landscaping plans or other noise blocks put in place. (Consider the audio recordings previously provided, taken from inside our homes, proving that even single child’s voice from the property at 2620 easily carries into our kitchens and bedrooms). Normal business office activities that occur 9-5 pm weekdays when most of us are away at our jobs are certainly tolerable; church activities on weekday evenings, however, and all day Saturday, is a terrible disturbance of the peace, and unacceptable. As one resident has repeatedly said, (as has been testified before your body at a previous meeting): “I feel like a prisoner in my own home.” She still does to this day. Many of us do. The owners claim things are better now. We assure you, they are not. As one planning Commission member stated in a previous hearing, there are some sites that are not good locations for churches, and this appears to be one. We are extremely troubled by the lack of concern and subsequent less-than-honest responses offered by those operating the church. The common denominator here is clear: For years the tenants at 2620 have insisted that they have stopped their activities at reasonable hours and do not exceed noise levels allowed, and that they have been nothing but good and conscientious neighbors. And yet, to believe the tenants, you would then have to believe that dozens of neighbors would be inventing the same complaints against them individually, and choosing to spend their time and energy for years on filing false reports, all of us lying about the church representatives lying to them. They have challenged us when we politely go to them in person; trying to intimidate my wife at one point. They have not been good neighbors. The fact is that there exists, and has existed for years now, a real problem with the use of that property as a church, and a disconnect between what those representatives from the property have been reporting to you, and what the neighbors have been experiencing. Here is but one example: No fewer than eight residents of Kenmore Street showed up at July 10 hearing. Chairperson Dalati recommended to church representatives that they should reach out and immediately after the meeting give everyone who showed up their phone numbers and arrange an in person meeting. They assured the Chair they would definitely do that. Once outside, however, it was another story. All of the neighbors there waited outside to talk. When the church and building owner representatives came out, they stopped and completely ignored us. I finally walked up and introduced myself. Then, instead of providing us their number, they immediately began arguing that they had not been making noise or operating beyond reasonable hours (both lies), and began asking us which church we belonged to. They did not offer to us their phone number; I finally had to ask them for it when they were getting ready to go. By then, the other Kenmore residents had left, without being acknowledged or being given a phone number. In the subsequent months, when the noise levels resumed to the point they were no longer tolerable, we called the number provided. Unfortunately, 9 out of 10 times we dialed we got a message that the caller was not available or in the calling area. When we finally did get through to ask that they control the noise better, their first response was to warn us there would be even more noise upcoming as competitions and debate rehearsals were being held there through the holidays. As indeed there was, and in the weeks that followed, we had to again report excessive noise coming from their operations. And now there are homeless people camping on their property at night, and being loud, and the property owners are not properly managing that situation, as is their obligation. We are frustrated beyond words at the disruption to our lives occurring at that address, at the City continuing to make exception after exception to existing codes and reasonable timelines and allowing these disruptions to continue—despite countless complaints and evidence offered by those living in the surrounding neighborhood—and at having to yet again spend our time and energies in attempt to stop yet another exception to codes which would clearly be the cause of extended suffering. Enough is enough. Time to side with the dozens of longtime residents and homeowners. The people filing for the permits have not come close to meeting the requirements in a timely manner. The City has been more than generous in their allowances to them thus far—again, even at the detriment to dozens of long-time neighbors who have continued to be wronged by them and have voiced their complaints time and time again. The tenants have had plenty of time to make good on their word, and they have failed to comply. Their parent Church, Iglesia de Dios (Israelita), has operations all over the world, and there are several churches already in the area. Due to this particular building’s very close proximity to tract houses, this property is no place for congregations of any denomination to assemble, or church services and functions to be held. We urge you to not allow any more disruption to the lives and health of the good citizens and residents of Anaheim: deny the CUP and all church activities at this location at long last. Sincerely, Grant Hier < see below > ADDENDUM: “Hier_Jonathan Borrego_letter_22Jul2017” The following letter containing more arguments against CUP issuance. Dear Sirs: In your original recommendation to the Planning Commission to grant a conditional permit for 2620 West Orange you wrote that you believe that “…conditions of approval would mitigate noise impacts and ensure that the use operates in a manner compatible with surrounding office, commercial, and residential uses” and that “The granting of Conditional Use Permit No. 2016-05887 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim…” The residents being negatively impacted by the constant disruptions at this location very strongly believe these assumptions are patently false. We urge you to re-consider the following points, on which all of the surrounding residents from several surrounding streets are in agreement: • 12’ hedges will not sufficiently block views from all windows affected • 12’ hedges will not sufficiently block noise from balcony. • Hedges and/or balcony enclosures will not stop: a. people’s voices from the parking lot immediately adjacent to several homes ! even casual voices carry over the wall that separates the property from homes nearby, and churchgoers are often excited and shouting, and the children boisterous. This noise travels directly into our homes. Recordings confirm this. b. the slamming of doors from cars parked 10 feet from multiple back yards — there are 22 spaces that are far too close to our yards. c. the chirping of car alarms being set and unlocked before and after services (especially the 9 am services where arrivals begin far earlier with people bringing food and set up early, and after the 7 pm services with people often lingering until wall past 10 pm and at times 11 pm. Police reports and recordings confirm this. d. the blaring of car alarms that go off during services Due to these realities, weekend activities at that location have unfairly caused—and we fear will continue to unfairly cause—suffering for nearby residents, greatly diminishing our quality of life. We feel, to a person, that you should not just recommend against, but very strongly recommend against any church activities at this site. As with so many other points of contention in this case, these seeking the permit have denied these points, but we have documentation extant taken by multiple parties. Indeed, the same complains are coming from dozens of people who have offered written or verbal testimony that this is true. • No fewer than eight households, including some not on Kenmore, have expressed objections to the use of that building as a church because of the ongoing disruption (some of these objections you have not seen, on neighborhood email threads). • We are teachers and community volunteers. We love children and have taught them. We love community gatherings, and have helped to organize them, and have for decades. o As such, we know that controlling students after school and adults after meetings is impossible to do sufficiently in regards to the situation we have here with the abutting of the parking lot to homes. Those objecting to allowing the permits include, among others: ➢ an environmental scientist working for the government ➢ a homemaker ➢ a businesswoman ➢ a city building inspector ➢ a high school science teacher ➢ a professor and former newspaper and magazine editor ➢ a career nurse ➢ an elementary school teacher ➢ a business executive and college instructor ➢ a writer and actor ➢ a former investigative journalist and reporter (for OC Register, LA Times, LA Weekly, etc.) and college lecturer ➢ a retired corporate executive To a person, they all adamantly object to that space being used as a church, have expressed that their health and the peace of the neighborhood continues to be disturbed, despite the recent efforts of the church to be quieter. A summary of their claims on record: ➢ that they “feel like prisoners in their own home” ➢ that they “have lost their days of rest” each and every weekend ➢ that the church has repeatedly lied about construction (and multiple parties have audio and visual evidence to prove this) ➢ that the church has lied about when they make noise ( and multiple parties have audio and visual evidence to prove this) ➢ that these actions have been allowed to continue for more than a year now— and that fact has unfairly caused them to suffer We are unanimous in our position that: ➢ such disruptions should be stopped immediately, and certainly not be allowed to continue, much less for another 9 months or more while permits are being approved, much less having those permits be approved and thereby allowing the harm to Anaheim residents to continue indefinitely. ➢ there would be far more harm caused by allowing the permits than by denying them. The greater good is to not allow a permit or even a conditional use permit, or any exemptions to the public protections in place. ➢ even if permits are granted and construction is allowed to block noise and sightlines, there is no way to control the excessive noise from church goers arriving and leaving during Saturday services, which are the most disruptive. You MUST NOT allow Saturday services to continue: there are three services each Saturday, with people arriving all day long from early morning to late evening, with 70+ attendees leaving late at night. This is a great burden on the residents nearby, and has caused suffering for more than a year now. We can not tolerate additional Saturday disruptions. It is grossly unfair to the residents. ➢ this is simply not a good place for a church to be located. Thank you for considering these points in your deliberations. Sincerely, Grant Hier 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: FEBRUARY 21, 2018 SUBJECT: CONDITIONAL USE PERMIT NO. 2009-05412B DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00139 LOCATION: 1652 West Lincoln Avenue (Chain Reaction) APPLICANT/PROPERTY OWNER: The applicant is Andrew Serrao with Allages.Com Presents, Inc. The property owner is Dong Sun Kim. REQUEST: The applicant is requesting approval of an amendment to an existing conditional use permit (CUP) and an associated determination of public convenience or necessity (PCN) request to allow the sale of beer for on-site consumption (Type 40 Alcoholic Beverage Control (ABC) license) at an existing entertainment venue. 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. 2009-05412B and Public Convenience or Necessity No. 2018-00139. BACKGROUND: The 1.34-acre property is developed with a 1-story, 16,220 square- foot commercial building with four tenant spaces. The subject business occupies a tenant space that is approximately 4,340 square feet in size. The other three tenant spaces are occupied with retail stores. The property is located in the “C-G” General Commercial zone, and the General Plan designates this property for General Commercial land uses. The property is surrounded by various retail uses to the west, automotive repair and sales uses to the east, a mix of retail and industrial uses to the north across Lincoln Avenue, and multi-family residential uses (apartments) to the south. In November 1998, the Planning Commission approved Conditional Use Permit No. 4061 to allow an entertainment venue with no alcohol sales at the subject property for a period of one year. This CUP was reinstated twice before the Planning Commission ultimately approved the request to permit an entertainment venue with no alcohol sales on a permanent basis at the subject property on April 12, 2010 (Conditional Use Permit No. 2009-05412). CONDITIONAL USE PERMIT NO. 2009-05412B AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00139 February 21, 2018 Page 2 of 5 PROPOSAL: The existing business, Chain Reaction, is an all-ages live music concert venue that currently operates without on-site sale of alcohol. The applicant is requesting to delete Condition No. 5 and modify Condition No. 6 of Resolution No. PC2010-02, which states “Signs shall be posted … stating alcohol is not allowed on the premise at any time” and “… no alcohol shall be served or permitted on the premises,” in order to add the sale of beer for on-site consumption in conjunction with the existing business. The existing entertainment venue would operate with a Type 40 (On Sale Beer) license from ABC. The venue would continue to remain an all-ages music venue, and beer would be sold to the patrons at the existing snack bar that currently sells snacks and other non-alcoholic beverages. The hours of operation would not change and continue to comply with the existing conditions of approval (7:00 p.m. to 12 a.m.). The applicant proposes a number of security measures to properly manage the requested on-site sale of beer, which includes incorporation of a wristband system, controlled sale of alcohol (i.e. one beer at a time for adults per wristband), and security guards. No modifications to the building’s exterior or interior tenant space are proposed. Below is the site plan of the property: Site Plan FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve an amendment to a previously approved 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; Chain Reaction 4340 Sq. Ft. 1652 W. Lincoln N CONDITIONAL USE PERMIT NO. 2009-05412B AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00139 February 21, 2018 Page 3 of 5 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. The sale of alcoholic beverages for on-site consumption requires approval of a conditional use permit in the C-G Zone in order to determine compatibility with surrounding land uses. Staff believes that the proposed sale of beer for on-site consumption would not adversely affect the surrounding land uses or the growth and development of the area if the applicant operates the business in a responsible manner and in compliance with the recommended conditions of approval contained in the attached resolution. These conditions include the controlled sale of beer (i.e. one beer at a time for adults per wristband), security measures, prohibition of outdoor consumption, prohibition of any exterior advertising of alcoholic beverages, and a requirement that all employees complete ABC LEAD (Licensee Education on Alcohol and Drugs) training. The subject business has been in business for approximately 20 years at the subject location as an all-ages live music venue without alcohol. With the recent increase in the number of live music venues within the region, the applicant seeks to maintain the market competitiveness with an addition of on-site sale of beer since most live music venues in the region currently serve alcohol for on-site consumption. In addition, no increase in the parking requirement would occur since a building expansion is not being requested at this time. There have not been any recent Code Enforcement complaints received at the subject location. As described below, the Police Department calls for service at the subject location in the last year consisted of one welfare check and one medical aid request. Based on these factors, staff believes the requested deletion of the conditions pertaining to alcoholic beverage sales 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. In this case, the subject property is in an area that has a crime rate above the City average. However, the law also states that ABC can waive this restriction if the local jurisdiction makes a determination that the proposed license would serve a "public convenience or necessity." Since there is a crime rate above the City average, as described in more detail below, a determination of public convenience or necessity is required for this license request. Below is a map showing the boundaries of the census tract and the police reporting district applicable to the subject property, along with the ¼ mile buffer around the subject property. CONDITIONAL USE PERMIT NO. 2009-05412B AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00139 February 21, 2018 Page 4 of 5 Census Tract and Police Reporting District Map This property is located within Census Tract No. 871.05, which has a population of 4,635. Based on this population size, the State would consider the subject census tract over-concentrated if there are more than five on-sale licenses. There are presently three licenses in the tract. The subject business would be obtaining a new on-sale license from ABC, which would increase this number to four; however, the total number of on-sale licenses within this Census Tract will remain below the limit established by ABC. The property is within Police Reporting District No. 1722, which has a crime rate that is 44 percent above the citywide average. According to the Police Department, there were two calls for service at this location in the last year and the calls consisted of one welfare check and one medical aid. The Police Department evaluates these requests based on the crime rate within a one-quarter (1/4) mile radius of the subject site. Over the last year, the crime rate within a one-quarter mile radius of this property was 210 percent above the City-wide average based upon calls for service. The calls consisted of 113 petty thefts, 18 simple assaults, 17 auto burglaries, 26 robberies, 20 simple assaults, and 18 vandalisms. CONDITIONAL USE PERMIT NO. 2009-05412B AND DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00139 February 21, 2018 Page 5 of 5 The existing business is a long-standing live music venue that provides a unique entertainment experience for all ages, and also provides a platform for fledgling artists to begin and grow their careers. As previously mentioned, the business has been operating responsibly over the years. Staff believes the proposed ABC license would be compatible with the neighborhood with the incorporation of the proposed conditions of approval and would provide the existing business the ability to retain their market competitiveness, and would allow the venue to continue to provide a unique entertainment experience to the community. The venue would continue to operate within the same operating hours as previously approved, and security measures are required to be implemented as deemed satisfactory to the Police Department. Environmental Impact Analysis: 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 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. CONCLUSION: The proposed amendment to the existing conditional use permit to allow the sale of beer for on-site consumption at the subject business is compatible with the surrounding area. The recommended conditions of approval would ensure that the sale of beer for on-site consumption would not have an adverse impact on the surrounding land uses. Staff recommends approval of this request. Prepared by, Submitted by, Joanne Hwang Irma Huitron Associate Planner Acting Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Draft Public Convenience or Necessity Resolution 3. Resolution No. PC2010-021 4. Letter of Request 5. Police Department Memorandum 6. Site Plan 7. Floor Plan C-GDEV 2017-00121RETAIL RAILROAD C-GRETAIL TLOARAELEMENTARY SCHOOL RM-4PAMPASAPARTMENTS77 DU C-GRETAIL C-GRETAIL C-GRETAIL IINDUSTRIAL IINDUSTRIAL RM-4HAWAIIANAPTS30 DU RM-4GEI LINGAPARTMENTS41 DU C-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL C-GCAR WASH RM-4PAMPAS LANE APARTMENTS40 DU RM-4PALM WESTAPTS20 DU RM-4PARK PLACEAPTS20 DU C-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL IINDUSTRIAL C-GINDUSTRIAL C-GRETAIL C-GRETAIL IINDUSTRIAL I I N D U S T R I A L TVACANT IVACANT C-GVACANT C-GRETAILC-GRETAIL W W L I N C O L N AV E S E U C L I D S T N E U C L I D S T W PA M PA S LN N MANCHESTER CT W. BROADWAY W. LINCOLN AVE S . E U C L I D S T S . B R O O K H U R S T S T N . H A R B O R B L V D N . B R O O K H U R S T S T S . W A L N U T S T N . E U C L I D S T S. M A N C H E S T E R A V E S . H A R B O R B L V D 1 6 5 2 W. Lincoln Avenue, approximately 450 feet east of theintersection of Euclid Street and Lincoln Avenue D E V N o. 2017-00121 Subject Property APN: 250-091-07 °0 50 100 Feet Aeria l Photo:May 2016 W W L I N C O L N AV E S E U C L I D S T N E U C L I D S T W PA M PA S LN N MANCHESTER CT W. BROADWAY W. LINCOLN AVE S . E U C L I D S T S . B R O O K H U R S T S T N . H A R B O R B L V D N . B R O O K H U R S T S T S . W A L N U T S T N . E U C L I D S T S. M A N C H E S T E R A V E S . H A R B O R B L V D 1 6 5 2 W. Lincoln Avenue, approximately 450 feet east of theintersection of Euclid Street and Lincoln Avenue D E V N o. 2017-00121 Subject Property APN: 250-091-07 °0 50 100 Feet Aeria l Photo:May 2016 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2017-*** RESOLUTION NO. PC2018-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2009-05412B MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00121) (1652 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to amend Conditional Use Permit No. 2009-05412B (“CUP2009- 05412B”) by deleting and modifying existing conditions of approval pertaining to the prohibition of sale of alcoholic beverages in conjunction with an existing entertainment venue to allow sale of beer for on-site consumption (herein referred to collectively as the "Proposed Project") at the premise located at 1652 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. 2017-05945 is proposed in conjunction with Public Convenience or Necessity No. 2018-00139, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property, consisting of approximately 1.34 acres, is developed with a commercial building that includes the subject 4,340 square-foot entertainment venue. The Anaheim General Plan designates the Property for General Commercial 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, on April 12, 2010, and subject to certain conditions of approval, the Planning Commission, by Resolution No. PC2010-021, approved Conditional Use Permit No. 2009-05412 (herein referred to as the “Original CUP”) to establish land use conformity with the then existing Zoning Code land use requriements to permit an entertainment venue (a public dance hall with no alcohol) on the Property; and WHEREAS, the Planning Commission did hold a public hearing on the Proposed Project at the Civic Center in the City of Anaheim on February 21, 2018 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against 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 - 2 - PC2018-*** 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 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. 2009-05412B, does find and determine the following facts: 1. The proposed request to allow sale of beer for on-site consumption in conjunction with the existing entertainment venue 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 request to allow sale of beer for on-site consumption, under the conditions imposed, is compatible with the existing uses in the surrounding area, as it is an accessory use to an existing business that has been operating at the subject property in the same manner for approximately 20 years. 3. The size and shape of the site for the use proposed under Conditional Use Permit No. 2009-05412B 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 proposed use will be accessory to the existing entertainment venue and does not include the expansion of the existing facilities. 4. The traffic generated by the uses proposed under Conditional Use Permit No. 2009- 05412B, 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 the existing entertainment venue will not increase due to the Proposed Project. 5. The granting of Conditional Use Permit No. 2009-05412B, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed project will be compatible with the surrounding area through conditions of approval for the use and is not a health or safety risk to the citizens of the City of Anaheim. - 3 - PC2018-*** 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. 2009-05412B contingent upon and subject to (i) approval of Public Convenience or Necessity No. 2018-00139, 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. 2009-05412B 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, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the CUP shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the CUP, as amended by Conditional Use Permit No. 2009-05412B. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 4 - PC2018-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 21, 2018. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 February 21, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of February, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2018-*** - 6 - PC2018-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2009-05412B (DEV2017-00121) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL OPERATIONAL CONDITIONS 1 A security plan shall be submitted to the Polic Department for review and approval. Such security plan shall include security measures to deter unlawful conduct on the part of employees or patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance of the neighborhood, including excessive noise created by patrons entering or leaving the premises. Police Department 2 The door(s) shall be kept closed at all times during the operation of the business except in cases of emergency. Said door(s) not to consist solely of a screen or ventilated security door. Police Department 3 Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. Police Department 4 The petitioner(s) shall post and maintain a professional quality sign facing the premises parking lot(s) that read as follows: NO LOITERING, NO LITTERING, NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two (2) feet square with two inch block lettering. The sign shall be in English and Spanish. Police Department OPERATIONAL CONDITIOINS RELATED TO ENTERTAINMENT VENUE 5 The floor spaces provided for dancing shall be free of any furniture or partitions and maintained in a safe condition. Planning and Building Department, Code Enforcement 6 The hours of operation for the public dance hall, including concerts, shall commence no earlier than 7:00 p.m. and shall conclude by 12 a.m. daily. Planning and Building Department, Code Enforcement 7 The public dance hall shall be operated in accordance with the following rules as stipulated to by the applicant: Planning and Building Department, - 7 - PC2018-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT a) No one under the influence of alcohol or drugs shall be admitted. b) No “in and out” privileges shall be allowed. c) No smoking shall be permitted on the premises. d) No backpacks shall be permitted. Code Enforcement 8 The parking lot shall have a minimum of four handicapped parking spaces and a designated loading area. Public Works Department, Traffic Engineering 9 The business operator shall provide a minimum of four security guards at all times or any other number of security guards as determined to be appropriate by the Anaheim Police Department. Planning and Building Department, Code Enforcement 10 There shall be no outdoor storage of vehicles in any required parking area. Planning and Building Department, Code Enforcement 11 The property shall be permanently maintained free of debris, litter and overgrown vegetation. Planning and Building Department, Code Enforcement 12 The front landscape planter shall be maintained in a healthy condition with live trees, shrubs and ground cover. If the plant material becomes diseased or dies, it shall be replaced in a timely manner. Planning and Building Department, Code Enforcement 13 The property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. Planning and Building Department, Code Enforcement 14 Rear entrance doors shall be numbered in the same address numbers or suite number of the business. Minimum height of 4 inches is recommended. Planning and Building Department, Code Enforcement 15 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Planning and Building Department, Code Enforcement 16 File Emergency Listing Card, Form APD-281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim,net/article.asp?id=678. Planning and Building Department, Code Enforcement 17 That fire lanes shall be posted with “No Parking Any Time”. Planning and Building Department, Code Enforcement - 8 - PC2018-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 18 That on-going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Planning and Building Department, Code Enforcement OPERATIONAL CONDITIONS RELATED TO ALCOHOLIC BEVERAGES SALES (ON SITE BEER) 19 ID shall be checked at the door and wristbands shall be issued to all patrons 21 years and over. Police Department 20 Patrons with a wristband may purchase one beer at a time - one beer per purchase per wristband. Police Department 21 There shall be no in/out privileges. If patrons leave the building they must leave the premises. Police Department 22 Subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. Police Department 23 There shall be no exterior advertising of any kind of type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Police Department 24 Beer may be consumed only within the building. No beer is allowed in any outdoor area. Police Department 25 The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy (Section 24200.5 Alcoholic Beverage Control Act). Police Department 26 Managers and/or owners shall contact the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) training for themselves and service employees. The number is (714)558-4101. Police Department 27 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 28 The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premieses over which they have control, as depicted. Police Department 29 The number of persons shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs Police Department - 9 - PC2018-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT indicating the occupant load shall be posted in a conspicuous place on an approved sign near the mian exit from the room (Section 25.114 (a) Uniform Fire Code). 30 The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police Department 31 Petitioner(s) shall police the area under their control in an effort to prevent the lotering of persons about the premises. Police Department GENERAL CONDITIONS OF APPROVAL 32 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 Department, Planning Services Division 33 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 Department, Planning Services Division 34 The subject Property shall be developed, used and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division [DRAFT] ATTACHMENT NO. 2 - 1 - PC2018-*** RESOLUTION NO. PC2018-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00139 TO PERMIT A TYPE 40 (ON SALE BEER) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00121) (1652 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. 2018-00139 for a new “Type 40” On Sale Beer Alcoholic Beverage Control (ABC) license to permit the sale of beer for on-site consumption within an existing entertainment venue (“Chain Reaction”) for certain real property located at 1652 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. 2018-00139 is proposed in conjunction with a request for Conditional Use Permit No. 2009-05412B, now pending, which together with the Project, shall be referred to herein collectively as the “Proposed Project”; and WHEREAS, the Property, consisting of approximately 1.34 acres, is developed with a commercial building which includes the subject 4,340 square-foot entertainment venue. The Anaheim General Plan designates the Property for General Commercial 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 February 21, 2018 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against 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 - PC2018-*** WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, 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 with respect to the request for a Determination of Public Convenience or Necessity No. 2018-00139, 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; or (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 - PC2018-*** 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 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. 5. This property is located within Census Tract No. 871.05, which has a population of 4,635 that allows for five on-sale licenses. There are presently three licenses in the tract. The property is within Police Reporting District No. 1722, which has a crime rate that is 44 percent above the citywide average. The Police Department evaluates these requests based on the crime rate within a one-quarter (1/4) mile radius of the subject site. The crime rate within a one-quarter mile radius of this property was 210 percent above the City-wide average based upon calls for service. Since the crime rate is above the city-wide average, a determination of "public convenience or necessity" is required for this ABC license request. 6. The request to permit beer sales for on-site consumption in conjunction with an existing entertainment venue 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 existing business is a long-standing live music venue that provides a unique entertainment experience for the community, and has been operating responsibly for approximately 20 years. The proposed ABC license will allow the existing business to retain their market competitiveness, and would be compatible with the neighborhood with incorporation of the existing and new conditions of approval. 7. The determination of "Public Convenience or Necessity" can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations and further that the granting of the determination of Public Convenience or Necessity, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim; and WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Public Convenience or Necessity No. 2018-00139, contingent upon and subject to (i) approval of Conditional Use Permit No. 2009-05412B, 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. - 4 - PC2018-*** 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. 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 February 21, 2018. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2018-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on February 21, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of February, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2018-*** - 7 - PC2018-*** EXHIBIT “B” DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00139 (DEV2017-00121) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS RELATED TO ALCOHOLIC BEVERAGES SALES (ON SITE BEER) 1 ID shall be checked at the door and wristbands shall be issued to all patrions 21 and over. Police Department 2 Patrons with a wristband may purchase one beer at a time. One beer per purchase per wristband. Police Department 3 There shall be no in/out privileges. If patrons leave the building they must leave the premises. Police Department 4 Subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. Police Department 5 There shall be no exterior advertising of any kind of type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Police Department 6 Beer may be consumed only within the building. No beer is allowed in any outdoor area. Police Department 7 The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy (Section 24200.5 Alcoholic Beverage Control Act). Police Department 8 Managers and/or owners shall contact the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) training for themselves and service employees. The number is (714)558-4101. Police Department 9 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 10 The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premieses over which they have control, as depicted. Police Department 11 The number of persons shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place Police Department - 8 - PC2018-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT on an approved sign near the mian exit from the room (Section 25.114 (a) Uniform Fire Code). 12 The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police Department 13 Petitioner(s) shall police the area under their control in an effort to prevent the lotering of persons about the premises. Police Department 14 A security plan shall be submitted to the Police Department for review and approval. Such security plan shall include security measures to deter unlawful conduct on the part of employees or patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance of the neighborhood, including excessive noise created by patrons entering or leaving the premises. Police Department 15 The door(s) shall be kept closed at all times during the operation of the business except in cases of emergency. Said door(s) not to consist solely of a screen or ventilated security door. Police Department 16 Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. Police Department 17 The petitioner(s) shall post and maintain a professional quality sign facing the premises parking lot(s) that read as follows: NO LOITERING, NO LITTERING, NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two (2) feet square with two inch block lettering. The sign shall be in English and Spanish. Police Department GENERAL CONDITIONS 18 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 19 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 Planning and Building Department, Planning Services Division - 9 - PC2018-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 20 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 RESOLUTION NO. PC2010 -021 ARESOLUTIONOFTHEANAHEIMCITYPLANNINGCOMMISSION DETERMININGTHATACLASS1CATEGORICALEXEMPTIONISTHE APPROPRIATEENVIRONMENTAL DOCUMENTATIONAND APPROVINGCONDITIONAL USEPERMITNO. 2009 -05412 DEV2009- 00041) 1652WESTLINCOLNAVENUE) WHEREAS, theAnaheimCityPlanningCommissiondidreceiveaverified PetitionforConditionalUsePermitNo. 2009- 05412, topermitadancehallwithnoalcoholsales forcertainrealptopertysituatedintheCityofAnaheim, CountyofOrange, StateofCalifornia, shownonExhibit "A attachedheretoandincorporated hereinbythisreference. WHEREAS, thispropertyisdevelopedwith16,900squarefootcommercial building located intheCommercial General (CG) zoneandtheAnaheimGeneralPlandesignates theproperty forGeneralCommerciallanduses; and WHEREAS, thePlanningCommission didholdapublichearing attheCivic CenterintheCityofAnaheim onApril12, 2010, at3:30p.m., noticeofsaidpublichearing havingbeendulygivenasrequiredbylawandinaccordance withtheprovisionsoftheAnaheim Municipal Code, Chapter 18.60, tohearandconsiderevidence forandagainstsaidproposed conditional usepermit andtoinvestigateandmakefindings andrecommendations inconnection therewith; and WHEREAS, saidPlanning Commission, afterdueinspection, investigation and studymadebyitselfandinitsbehalf, andafterdueconsideration ofallevidenceandreports offered atsaidhearing withrespecttotherequestforaconditionalusepermit, does findand determinethefollowingfacts: 1. Therequesttopermit adancehallwithnoalcoholsalesintheCommercial General (CG) zoneisproperlyoneforwhichaconditional usepermitisauthorized underCode Section18.66.040.030.0301 (UnlistedUses) oftheAnaheim Municipal Code. 2. Thepublicdancehallwithnoalcoholsaleswillnotadversely affecttheadjoining landusesorthegrowthanddevelopmentoftheareainwhichitisproposed tobelocated becausethedancehallactivitywillbeconducted inamanner conducive tothearea, security measures havebeenimplemented andtheusewilloperate entirelywithinanexistingbuilding. Inaddition, thepeakoperatinghours ofthepublicdance hall, asconditionedherein, areoff -set fromthepeakoperating hoursoftheother businesses within thecommercialcenter. 3. Thesizeandshapeofthesiteproposed forthedance hallisadequatetoallowthe fulldevelopment oftheproposed useinamanner notdetrimentaltotheparticularareaortothe healthandsafety. 1 PC201.0 -021 ATTACHMENT NO. 3 4. Thetrafficgeneratedbythedancehallwillnotimposeanundueburdenuponthe streetsandhighwaysdesignedandimprovedtocarrythetrafficintheareabecausethisusedoes notexceedorintensifyanticipatedtrafficlevelsforthisarea. 5. Thattheexistingnumberofon -siteparkingspacesisdeterminedtobeadequate fortheproposeddancehallandexistingcommercialuses. Coderequires134parkingspaces and89parkingspacesexist. Becausethepublicdancehallactivitiesoccurduringeveninghours whencommercialbusinessesinthecenterareclosed, theexistingnumberofparkingspacesis adequateforthepublicdancehall. ConditionNo. 4ofthisresolutionincludesalimitationonthe publicdancehallhoursofoperation. 6. Thegrantingoftheconditionalusepermitundertheconditionsimposedwillnot bedetrimentaltothehealthandsafetyofthecitizensoftheCityofAnaheimandwillprovidea landusethatiscompatiblewiththesurroundingarea. WHEREAS, theproposedprojectfallswithinthedefinitionofCategorical Exemptions, Class1 ((ExistingFacilities) asdefinedintheStateCEQAGuidelines, andis therefore, exemptfromtherequirement toprepareadditionalenvironmentaldocumentation. NOWTHEREFORE BEITRESOLVEDthattheAnaheimCityPlanning Commission doesherebyapproveConditionalUsePermitNo. 2009 -05412subjecttothe conditionsofapprovaldescribedinExhibit "B" attachedheretoandincorporatedbythis referencewhichareherebyfoundtobeanecessaryprerequisitetotheproposeduseofthe subjectpropertyinordertopreservethehealth, safetyandgeneralwelfareofthecitizensofthe CityofAnaheim. Extensionsforfurthertimetocompleteconditionsofapprovalmaybegranted inaccordancewithSection18.60.170oftheAnaheimMunicipalCode. BEITFURTHERRESOLVEDthattheAnaheimCityPlanningCommission doesherebyfindanddeterminethatadoptionofthisResolutionisexpresslypredicatedupon applicant'scompliancewitheachandalloftheconditionshereinabovesetforth. Shouldany suchcondition, oranypartthereof, bedeclaredinvalidorunenforceablebythefinaljudgmentof anycourtofcompetentjurisdiction, thenthisResolution, andanyapprovalshereincontained, shallbedeemednullandvoid. BEITFURTHER RESOLVED, thatthisconditional usepermitisapproved withoutlimitationsonthedurationoftheuse. BEITFURTHERRESOLVEDthatapprovalofthisapplicationconstitutes approvaloftheproposedrequestonlytotheextentthatitcomplieswiththeAnaheimMunicipal ZoningCodeandanyotherapplicableCity, StateandFederalregulations. Approvaldoesnot includeanyactionorfindingsastocompliance orapprovaloftherequestregardinganyother applicableordinance, regulationorrequirement. BEITFURTHERRESOLVEDthattheapplicantisresponsible forpayingall chargesrelatedtotheprocessingofthisdiscretionarycaseapplicationwithin15daysofthe 2 PC2010 -021 issuanceofthefinalinvoice. Failuretopayallchargesshallresultindelaysintheissuanceof requiredpermitsortherevocationoftheapprovalofthisapplication. THEFOREGOINGRESOLUTION asadoptedatthePlanningCommission meetingofApril12, 2010, -n 1A A CHAIRMAN, Al4AHEiVI CI1 TY''PLANNINGCOMMISSION A'1'I'EST: SENIOR SEChE ARY, ANAHEIMCITYPLANNINGCOMMISSION STATEOFCALIFORNIA COUNTYOFORANGE ss. CITYOFANAHEIM I, GraceMedina, SeniorSecretaryoftheAnaheimCityPlanningCommission, do herebycertifythattheforegoingresolutionwaspassedandadoptedatameetingoftheAnaheim CityPlanningCommissionheldonApril12, 2010, bythefollowingvoteofthemembers thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE INWITNESS WHEREOF, Ihavehereuntosetmyhandthis12dayofApril, 2010. tVz RETSENIORS ARY, ANAHEIMCITYPLANNINGCOMMISSION 3 PC2010 -021 1 1! APN: 250 -091 -07 EXHIBIT "A" DEV2010- 00041 WLINCOLNAVE Source: RecordedTractMapsand /orCityGIS. Pleasenotetheaccuracyis +1- twotofivefeet. 10938 4 PC2010 -021 NO.CONDITIONS OFAPPROVAL RESPONSIBLE FOR MONITORING GENERAL 1 Adequatesecuritymeasuresshallbeprovidedtodeterunlawful conductonthepartofemployeesorpatrons, andtopromotethe safeandorderlyassemblyandmovementofpersonsand vehicles, andtopreventdisturbanceoftheneighborhood by excessivenoisecreatedbypatronsenteringorleavingthe premises. Thebusinessoperatorshallprovideaminimumof foursecurityguardsatalltimesoranyothernumberofsecurity guardsasdeterminedtobeappropriatebytheAnaheimPolice Department. CodeEnforcement 2 Thedoorsshallremainclosedatalltimeswhenentertainment ispermitted, exceptduringtimesofentry, exitorfor emergenciesordeliveries. CodeEnforcement 3 Thefloorspacesprovidedfordancingshallbefreeofany furnitureorpartitionsandmaintainedinasafecondition. CodeEnforcement 4 Thehoursofoperationforthepublicdancehall, including concerts, shallcommencenoearlierthan7p.m. andshall concludeby12a.m. daily. CodeEnforcement 5 Signsshallbepostedinthe "green- room" statingthatalcoholis notallowedonthepremisesatanytime. CodeEnforcement 6 Thepublicdancehallshallbeoperatedinaccordance withthe followingrulesasstipulatedtobytheapplicant: a) Nooneundertheinfluenceofalcoholordrugsshallbe admitted. b) Noalcoholshallbeservedorpermittedonthepremises. c) No "inandout" privilegesshallbeallowed. d) Nosmokingshallbepermittedonthepremises. e) Nobackpacksshallbepermitted. CodeEnforcement EXHIBIT "B" CONDITIONALUSEPERMITNO. 2009-05412 DEV2010- 00041) 5 PC2010 -021 7 l Aprofessional qualitysignatleasttwofeetbytwofeetwith twoinchblockletteringofacontrastingcolorshallbeposted facingthepremisesparkinglotsthatreads: NOLOITERING, NOLITTERING, NODRINKINGOR ALCOHOLICBEVERAGES VIOLATORSARESUBJECTTOARREST" CodeEnforcement 8 Theparkinglotshallhaveaminimumoffourhandicapped parkingspacesandadesignated loadingarea. PublicWorks, Traffic andTransportation Services 9 TheparkinglotshallbeequippedwithLightingofsufficient powertoilluminateandmakeeasilydiscernibletheappearance andconductofallpersonsonorabouttheparkinglot. CodeEnforcement 10 Thereshallbenopublictelephoneslocatedoutsidethe building. CodeEnforcement 11 Thereshallbenooutdoorstorageofvehiclesinanyrequired parkingarea. CodeEnforcement 12 Therearofthepropertyshallbepermanentlymaintainedfree ofdebris, litterandovergrownvegetation. CodeEnforcement 13 Thefrontlandscapeplantershallbemaintainedinahealthy conditionwithlivetrees, shrubsandgroundcover. Iftheplant materialbecomesdiseasedordies, itshallbereplacedina timelymanner. CodeEnforcement 14 Thepropertyshallbepermanentlymaintainedinanorderly fashionthroughtheprovisionofregularlandscaping maintenance, removaloftrashordebris, andremovalofgraffiti withintwentyfour (24) hoursfromtimeofoccurrence. CodeEnforcement 15 Rearentrancedoorsshallbenumberedinthesameaddress numbersorsuitenumberofthebusiness. Minimumheightof4 inchesisrecommended. CodeEnforcement 16 Allexteriordoorstohaveadequatesecurityhardware, e.g. deadboltlocks. CodeEnforcement 6-PC2010 -021 17 FileEmergencyListingCard, FormAPD -281, withthePolice Department, availableatthePoliceDepartmentfrontcounter, oritcanbedownloadedfromthefollowingwebsite: http:/ /www.anaheim.net /article.asp ?id =678. PoliceDepartment 18 Thatfirelanesshallbepostedwith "NoParkingAnyTime".CodeEnforcement 19 Thaton -goingduringprojectoperation, norequiredparking areasshallbefencedorotherwiseenclosedforoutdoorstorage uses. F CodeEnforcement 20 Thepropertyshallbedevelopedsubstantiallyinaccordance withplansandspecifications submittedtotheCityofAnaheim bytheapplicantandwhichplansareonfilewiththePlanning Department markedExhibitNo. 1 (SitePlan), ExhibitNo. 2 FloorPlans) andasconditionedherein. PlanningServices 7 PC2010 -021 1652 W Lincoln Ave Anaheim, CA 92801 714-675-2626 andyserrao@me.com To whom it may concern, Chain Reaction is a concert venue that has been in business for 21 years. The venue is located at 1652 West Lincoln Ave. Anaheim, CA 92801. We are a staple in the live mu- sic community and our influence has been felt throughout the world. We are and have always been a place that celebrates cultural differences and expression of art through music; by giving artists a platform to begin, grow and support doing so. Our artists have different fans from all walks of life; that diversity has been something we cherish and are proud of as members of the community. Its that diversity we want to continue to support and celebrate, it is the art through music that we are here to give Orange County. It is also the reason we need to evolve with our audience, as the music industry is always changing, our crowds have as well. We are often asked to serve Alcohol, and for the longest time we wanted to keep it about the music only. But as we realize when curating a line up, it is also our duty to curate the experience for the fans. We are the only live music venue in Orange County that is currently not serving alcohol to its patrons. It has left artist’s not wanting to play our venue and in turn losing out on the business we have always done in the past. There has been an uptick of venues in Orange County (The Observatory, The Constellation Room, etc) including the new House of Blues Anaheim who serve alcohol and remain to have an all ages audience. We are different in our ap- proach, as we also focus on local artists which is not the normal procedure for all ven- ues. The fact is we have done live music longer than all venues in Orange County, and want to continue to serve as a popular destination in Anaheim. Our proposal is simple. We would like to remain an all ages music venue, but with the addition of beer as a option at our snack bar that currently is only serving soda’s, tea’s, and snack’s. We would be applying for the Type 40 ABC license (ON SALE BEER) which allows minors to be present and requires snacks to be available, which we cur- rently serve. Our business runs typically from 7 pm to 12 am, and 3 + days a week de- pending on the artists we book. We have a general manager, production manager, and security at every concert we host. Our neighboring tenants include Kids Gallery Resale Store (12pm-6pm), Good Nabors Thrift Store (10am-7pm) and Rom Decor Furniture & Mattress Store (11am-7pm). ATTACHMENT NO. 4 1652 W Lincoln Ave Anaheim, CA 92801 714-675-2626 andyserrao@me.com A. Indicate how the proposed use will not adversely affect the adjoining land uses or the growth and development of the area. Chain Reaction’s business will remain the same as it has for the 21 years. We have worked well with our neighboring businesses and we have hours of opera- tions that work on truly opposite schedules. Our continued efforts in the all ages music space will create more artist development for Orange County. B. Explain how the site proposed for the use is large enough to accommodate antici- pated growth of the development and allow the continued operation without caus- ing a detriment to the particular area or to health and safety. The changes proposed for the CUP of Chain Reaction to add a bar with a TYPE 40 On–Sale Beer License, does not affect its current status as a justified CUP holder. Chain Reaction’s current operating hours, traffic, and parking do not change with this addition, as our current business structure and concert operations will remain the same. The change in the Chain Reaction CUP will not cause any risk to the ad- joining land, traffic or the health and safety of the area and Anaheim’s Citizens. C. Indicate how the traffic generated by the proposed use will not impose an undue burden upon the roads designed and constructed to handle the traffic in the area. Chain Reaction’s business due to our current size cannot increase significantly enough to create a burden on the surrounding areas. We are not increasing our size and capacity like other all ages venues (i.e. House of Blues Anaheim). D. Indicate how approval of this Conditional Use Permit with any conditions of ap- proval, will not harm the health and safety of the citizens of the City of Anaheim. Chain Reaction has been a mainstay in Anaheim, to be able to accommodate more Anaheim artists and residents can only increase the health and growth of the Ana- heim community. Our staff has always put a great effort in protecting the safety of others, and we will continue to do so adding to our current planning of the sale of 1652 W Lincoln Ave Anaheim, CA 92801 714-675-2626 andyserrao@me.com beer. We will also be active in communicating with local business’ and law en- forcement to make sure we have an open dialogue on our efforts to create very lit- tle impact on the citizens of Anaheim. Sincerely, Andrew Serrao ATTACHMENT NO. 5 2/3/18 K I D S G A L L E R Y G O O D N A B O R S T H R I F T S T O R E R O M D E C O R F U R N I T U R E S T O R E F I R E L A N E F I R E L A N E ATTACHMENT NO. 6 ATTACHMENT 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. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: FEBRUARY 21, 2018 SUBJECT: SPECIMEN TREE REMOVAL NO. 2017-00006 LOCATION: 373 and 375 South Silverbrook Drive APPLICANT/PROPERTY OWNER: The applicant and property owner for 375 South Silverbrook Drive is David Harlin. The property owner for 373 South Silverbrook Drive is Raymond Mangigian. REQUEST: The applicant is requesting approval of a Specimen Tree Removal permit for the six specimen trees that were removed prior to obtaining approval by the City. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution determining that this request is categorically exempt under the California Environmental Quality Act (Class 4, Minor Alterations to Land), and approving Specimen Tree Removal Permit No. 2017-00006. BACKGROUND: The subject single-family residential properties are each 0.41- acre in size and are located within the “RH-3” Hillside Single-Family Residential, Scenic Corridor (SC) Overlay zone. The General Plan designates the properties for Low Density Residential land uses. The surrounding land uses include single family homes in all directions. In March 2017, the applicant was cited by Code Enforcement as the result of a complaint filed by a citizen regarding six specimen trees had been removed without proper permits. The applicant submitted an application for a Specimen Tree Removal permit on September 8, 2017. The Code Enforcement case remains active, pending a determination on this application. PROPOSAL: The subject properties are currently developed with two-story single- family homes on the frontage along Silverbrook Drive, and the rear of the subject properties consists of a hillside area that slopes down to Avenida Margarita. The applicant requests to obtain a discretionary approval for the removal of six Specimen Trees (Sycamore Trees) that were removed prior to obtaining a City approval. The trees were originally located on the sloped hillsides of the subject properties, which is maintained by the Shadow Run Homeowner’s Association (“HOA”). The six SPECIMEN TREE REMOVAL NO. 2017-00006 February 21, 2018 Page 2 of 4 specimen trees were cut at the base of the trunk; however, the root systems were kept intact. Since then, the HOA has planted 31 California Pepper Trees (which are also designated Specimen Trees) throughout the HOA slope area. The image below shows the subject properties and the location of the six specimen trees that were removed: Aerial Map of the Subject Properties FINDINGS AND ANALYSIS: Discretionary Specimen Tree Removal Permit: The Zoning Code designates Eucalyptus, Quercus (oak), Schinus (Pepper), and Platanus (Sycamore) varieties of certain size as Specimen Trees in the SC Overlay Zone, and requires that an Administrative Specimen Tree Removal Permit be approved by staff prior to removal of any Specimen Tree. Such application must include a report prepared by an arborist certified by the International Society of Arboriculture; the report must attest that the tree meets at least one of the following criteria: 1) tree is dead; 2) tree is diseased and is a source of present danger to healthy trees in the immediate vicinity; 3) tree is weakened so as to cause imminent danger to persons or property; 4) health and condition of the tree is a source of present danger of falling onto existing or proposed structures or utility lines; or 5) tree has caused structural damage to a single-family home or required driveway for that residence. In the event that Specimen Trees are removed prior to receiving City approval, the Zoning Code requires that a Specimen Tree Removal Permit be reviewed by the Planning Commission at a noticed public hearing. Sloped hillside area Residential area Removed Trees SPECIMEN TREE REMOVAL NO. 2017-00006 February 21, 2018 Page 3 of 4 The Zoning Code also requires that if specimen trees are removed that they be replaced at a ratio dependent upon the size of the tree removed. The specimen trees must also be replaced with trees selected from a list provided in the Code. As a prerequisite to granting any permit to destroy any specimen tree, the Planning Commission may impose conditions, and must make one or more of the following findings: 1) That principles of good forest management will best be served by the proposed destruction; 2) That a reasonable and practical development of the property on which the tree is located requires destruction of the tree or trees; 3) That the character of the immediate neighborhood in respect to treescape will not be materially affected by the proposed destruction; 4) That the topography of the building site renders destruction reasonably necessary; or 5) That regard for the safety of persons or property requires the destruction. The applicant has indicated that the property owners requested that the HOA remove the six specimen trees due to the deteriorating health of the trees and the damage the tree root systems were causing to storm drain pipes and a concrete drain within the slope area. The six specimen trees were located within a sloped hillside area of the subject properties, which is maintained by the HOA. The removal of the trees did not substantially impact the aesthetics of the slope area, as viewed from Avenida Margarita, because numerous trees remain intact and 31 new Pepper trees were planted within the HOA area. Below is the photograph of the sloped area of the subject properties: Sloped Area of the Subject Properties Since the trees were removed prior to obtaining approval from the City, staff could not determine the actual diameter of the trees prior to their removal. However, based on the diameter of the existing trees in immediate vicinity, staff estimated that the appropriate required replacement ratio is four trees for every tree removed, for a total of 24 trees. The applicant has provided documentation indicating that the HOA has planted 31 California Pepper Trees (24-inch box) SPECIMEN TREE REMOVAL NO. 2017-00006 February 21, 2018 Page 4 of 4 throughout the HOA slope area. In addition, even though only six of the required 24 replacement trees were planted within the subject properties, staff believes the intent of the Zoning Code has been met as the slope area will continue to be maintained by the HOA, and that sufficient spacing is needed to ensure healthy growth of the trees. Lastly, the Public Works Department has determined that the stability of the slope is not a concern based on the retention of the root systems of the removed trees, ample ground cover is provided in the area of the tree removals, and planting of the six new trees further enhances slope stability. Based on the overall number of trees being provided within the existing HOA slope area, staff believes that the character of immediate neighborhood has been preserved; therefore staff recommends approval of the Specimen Tree Removal permit. Staff received one written correspondence from a member of the public, which expressed concerns regarding the unpermitted removal of the trees, its impact to property values and slope stability, and the type of the replacement trees. The correspondence is included in the staff report as Attachment 6. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the requested Specimen Tree Removal Permit for removal of six specimen trees are within that class of projects (i.e., Class 4, Minor Alterations to Land) which consist of minor public or private alterations in the condition of land, water, and/or vegetation, and that, therefore, pursuant to Section 15304 (b) 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: The removal of six specimen trees and the addition of 31 new specimen trees within the HOA slope areas on the subject properties did not adversely affect the character of the immediate neighborhood. For these reasons, staff recommends approval of this request. Prepared by, Submitted by, Joanne Hwang Irma Huitron Associate Planner Acting Planning Services Manager Attachments: 1. Draft Specimen Tree Removal Resolution 2. Site Plan – Location of removed and replaced trees 3. Map – Approximate location of new trees planted 4. Letter of Request 5. Site Photographs 6. Public Comment RH-3 (SC)DEV 2017-00095SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE R H -3 (S C ) S I N G L E F A M I L Y R E S I D E N C E R H -3 (S C ) S I N G L E F A M I L Y R E S I D E N C E R H -3 (S C ) S I N G L E F A M I L Y R E S I D E N C E R H -3 (S C ) S I N G L E F A M I L Y R E S I D E N C ERH-3 (SC)SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE RH-3 (SC)SINGLE FAMILY RESIDENCE R H -3 (S C ) S I N G L E F A M I L Y R E S I D E N C E RH-3 (SC)SINGLE FAMILY RESIDENCE S R O Y A L O A K R D S A V E N I D A M A R G A R I T A S S I L V E R B R O O K D R E SUNCREST RDS T A B L E R O C K P L S O R A N G E H I L L L N E SPRING HILL DR S S M O K E R I DGE TER E GATEWOOD LN E E V E N I N G V I E W R D E G L E N A R B O R L N E S U N C R E S T R D E .N O H L R ANCH RD E. LA PALMA AVE E .S A N TA A N A C A N Y ON RD N . L A K E V I E W A V E E .S A N T A A N A C A N Y O N R D 3 7 3 a nd 375 South Silverbrook Drive, a p p r o ximately 540 feet north of Honeywood Lane D E V N o. 2017-00095 Subject Property APN: 363-232-04363-232-05 °0 50 100 Feet Aeria l Photo:May 2016 S R O Y A L O A K R D S A V E N I D A M A R G A R I T A S S I L V E R B R O O K D R E SUNCREST RDS T A B L E R O C K P L S O R A N G E H I L L L N E SPRING HILL DR S S M O K E R I DGE TER E GATEWOOD LN E E V E N I N G V I E W R D E S U N C R E S T R D E .N O H L R ANCH RD E. LA PALMA AVE E .S A N TA A N A C A N Y ON RD N . L A K E V I E W A V E E .S A N T A A N A C A N Y O N R D 3 7 3 a nd 375 South Silverbrook Drive, a p p r o ximately 540 feet north of Honeywood Lane D E V N o. 2017-00095 Subject Property APN: 363-232-04363-232-05 °0 50 100 Feet Aeria l Photo:May 2016 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2018-*** RESOLUTION NO. PC2018-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING SPECIMEN TREE REMOVAL PERMIT NO. 2017-00006 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00095) (373 AND 375 SOUTH SILVERBROOK DRIVE) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Specimen Tree Removal Permit No. 2017-00006 for the six Specimen Trees that were removed prior to obtaining an approval by the City (herein referred to collectively as the "Proposed Project") at 373 and 375 South Silverbrook Drive 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 0.82-acres in size in total, developed with two single family homes located on each parcel at 373 and 375 South Silverbrook Drive. The Land Use Element of the Anaheim General Plan designates the Property for Low Density Residential land uses. The Property is located within the Scenic Corridor Overlay and is zoned “RH-3” Hillside Single-Family Residential. Therefore, the Premises is subject to the zoning and development standards described in Chapter 18.04 (Single-Family Residential Zones) and 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 21, 2018 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Specimen Tree Removal Permit No. 2017-00006 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, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 4, Minor Alterations to Land) which consist of minor public or private alterations in the condition of land, water, and/or vegetation, and that, therefore, pursuant to Section 15304 (b) of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2018-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Specimen Tree Removal Permit No. 2017-00006, as a prerequisite to granting any permit to destroy any specimen tree, does find and determine that the character of the immediate neighborhood in respect to treescape is not materially affected by the removal since as the removed trees were taken from areas that consisted of numerous trees, of many still remains intact. In addition, thirty one (31) new trees were planted in the immediate area; and WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Specimen Tree Removal Permit No. 2017-00006, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to approval of the Proposed Project under Specimen Tree Removal Permit No. 2017-00006 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. - 3 - PC2018-*** 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 February 21, 2018. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on February 21, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of February, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2018-*** - 6 - PC2018-*** EXHIBIT “B” SPECIMEN TREE REMOVAL PERMIT NO. 2017-00006 (DEV2017-00095) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 The Applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 2 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 3 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department, Planning Services Division ATTACHMENT NO. 2 Map of New Trees Planted within the HOA Area ATTACHMENT NO. 3 ATTACHMENT NO. 4 Site Photographs 373 S. Silverbrook Drive 375 S. Silverbrook Drive ATTACHMENT NO. 5 Other areas within the HOA area 1 Joanne Hwang From:thomas owen <tomowen4009@hotmail.com> Sent:Tuesday, February 13, 2018 12:08 PM To:Joanne Hwang Subject:Specimen Tree Removal 373 and 375 South Silverbrook Drive Follow Up Flag:Follow up Flag Status:Flagged Planning Commission Public  Hearing Feb. 21 2018    The removal of SIX FORTY YEAR OLD TREES was done deliberately without regard to the SCENIC CORRIDOR  and the HO  assoc. MEMBERSHIP, devaluating some adjacent property values especially across the street. These  are not the FIRST  REMOVAL of trees on these subject lots, the upper section of both lots had specimen trees removed some years prior.  This can be verified by looking at the original LANDSCAPE DRAWING for the tract.  More importantly the trees are an integral part of the slopes to ensure SLOPE STABILITY which has now been  compromised.  Geotechnical Engineers have previously stressed the importance of preserving all trees, and especially the  root  structures to preserve structural integrity ( previously  the slopes in this tract have had slope failures).  Therefore replacement trees should be SYCAMORE, trees the same as those removed and at least THREE trees for each  one removed, or at a minimum, trees that have a ROOT STRUCTURE consistent with Anaheim approved species for  slopes.    Thomas Owen  190 South Tablerock Place   Anaheim .  Tel. 714‐974‐3792    ATTACHMENT NO. 6 1 Elly Morris From:Joanne Hwang Sent:Tuesday, February 20, 2018 7:56 AM To:David See Cc:Elly Morris Subject:FW: Specimen Tree Removal 373 and 375 South Silverbrook Drive Follow Up Flag:Follow up Flag Status:Flagged Hello Dave,    Below email that is dated Monday 2/19 is a follow‐up email received regarding Item #3 for tomorrow’s  Planning Commission (tree removal).     Thank you.    Sincerely,    Joanne Hwang  Associate Planner  Planning & Building Department | City of Anaheim    From: thomas owen [mailto:tomowen4009@hotmail.com]   Sent: Monday, February 19, 2018 6:36 PM  To: Joanne Hwang <JHwang@anaheim.net>  Subject: FW: Specimen Tree Removal 373 and 375 South Silverbrook Drive    Planning Commission  Some facts relative to this subject are incorrect. California Pepper trees planted throughout the HOA slopes  had nothing  to do with the removal of the six Sycamore trees. They were generally replacement trees where others had died  and/or  where homeowners had also removed  trees to create VIEW LOTS, also to comply with Anaheim  ordinances. No home  owner approval was obtained from the association or voted on in any BOARD MEETING and no  supporting documents  exist.  Pipes  drains upon the subject lots have not been adversely affected by trees in any way differently to the entire  association maintained areas.    I am an association Board Member actively involved and HOA knowledgeable, NO MOTION/AGENDA ITEM  WAS EVER  DISCUSSED OR BROUGHT TO A VOTE relative to  removing SIX MATURE HEALTHY SCYMORE TREES on the two lots. Mr. D  Harlin was the association PRESIDENT at the time and he alone had Peterson’s Tree Service remove the trees.  With respect to the remaining  ROOT SYSTEM and slope stability, this subject has been thougherly investigated in past  years. The roots will decay and will not contribute to  slope stability for an extended period of time.    Thomas Owen      Sent from Mail for Windows 10    NEW CORRESPONDENCE ITEM NO. 3 2 From: thomas owen  Sent: Tuesday, February 13, 2018 12:07 PM  To: jhwang@anaheim.net  Subject: Specimen Tree Removal 373 and 375 South Silverbrook Drive    Planning Commission Public  Hearing Feb. 21 2018    The removal of SIX FORTY YEAR OLD TREES was done deliberately without regard to the SCENIC CORRIDOR  and the HO  assoc. MEMBERSHIP, devaluating some adjacent property values especially across the street. These  are not the FIRST  REMOVAL of trees on these subject lots, the upper section of both lots had specimen trees removed some years prior.  This can be verified by looking at the original LANDSCAPE DRAWING for the tract.  More importantly the trees are an integral part of the slopes to ensure SLOPE STABILITY which has now been  compromised.  Geotechnical Engineers have previously stressed the importance of preserving all trees, and especially the  root  structures to preserve structural integrity ( previously  the slopes in this tract have had slope failures).  Therefore replacement trees should be SYCAMORE, trees the same as those removed and at least THREE trees for each  one removed, or at a minimum, trees that have a ROOT STRUCTURE consistent with Anaheim approved species for  slopes.    Thomas Owen  190 South Tablerock Place   Anaheim .  Tel. 714‐974‐3792      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: FEBRUARY 21, 2018 SUBJECT: CONDITIONAL USE PERMIT NO. 2017-05914 VARIANCE NO. 2018-05101 ADMINISTRATIVE ADJUSTMENT NO. 2018-00414 LOCATION: 3043 West Lincoln Avenue APPLICANT/PROPERTY OWNER: The applicant and property owner is Hae Sun Chung. REQUEST: The applicant is requesting approval of the following zoning entitlements: 1) A Conditional Use Permit to allow commercial use of a residential structure; 2) A Variance to allow a reduction in the required interior landscape setback and a parking space located in front of the main structure; and 3) An Administrative Adjustment to allow fewer parking than required by the Code. 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 Conditional Use Permit No. 2017- 05914, Variance No. 2018-05101, and Administrative Adjustment No. 2018- 00414. BACKGROUND: This 0.29-acre property is currently developed with a two- story, 3,117 square-foot residential structure. The property is located in the “C-G” General Commercial zone and is designated for Corridor Residential land uses by the General Plan. Surrounding land uses include mobile home park to the west and north, a commercial shopping center to the east, and various retail uses to the south, across Lincoln Avenue. CONDITIONAL USE PERMIT NO. 2018-05914, VARIANCE NO. 2018-05101, AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00414 February 21, 2018 Page 2 of 7 In 1978, the Planning Commission approved Variance No. 2965 for the subject property, which permitted a portion of the existing residential structure (a 620 square-foot room) to be used for an art gallery and studio. Since then, the commercial use of this structure has gradually intensified even though no zoning entitlement was granted to formally permit a full commercial use of the existing residential structure. The current property owner purchased the property in 2006, and the structure is currently occupied by a mortgage company and a florist shop. In March 2017, the applicant was cited by Code Enforcement as the result of an investigation conducted by the Planning Department, which was initiated by a new business license application request at the subject property. Subsequently, the applicant submitted an application for a Conditional Use Permit on March 27, 2017. The Code Enforcement case remains active, pending a determination on this application. PROPOSAL: The applicant requests approval to permit the commercial use of the existing 3,117 square-foot, two story structure which was originally constructed as a single family residence. The first floor includes office spaces, the florist shop, a lobby and restrooms, and the second floor includes office spaces and a restroom. There are no changes proposed to the exterior of the building; however, the exterior area of the property would be improved to accommodate a new parking area (11 parking spaces and one loading space), driveways, a trash enclosure, an ADA-compliant ramp, and new landscaping. The existing unpermitted vehicle gate and wall/fence along the front property line would be removed, and two new vehicle gates are proposed on the east and west sides of the structure. The proposed site improvements are illustrated below: Site Plan N Commercial Structure Driveway P a r k i n g Driveway Gate Gate Landscaping ADA Parking CONDITIONAL USE PERMIT NO. 2018-05914, VARIANCE NO. 2018-05101, AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00414 February 21, 2018 Page 3 of 7 FINDINGS AND ANALYSIS: 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; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The conversion of a residential structure to a commercial use is allowed in the "C-G" General Commercial Zone subject to approval of a conditional use permit to ensure compatibility with the surrounding area. As proposed, the conversion would not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the site is large enough to accommodate low-intensity commercial uses listed in the Zoning Code relating to converted residential structures (e.g. offices, barber and beauty shops, special retail such as gift and antique shops, and restaurants). Low intensity uses, such as general office businesses, typically do not generate a high volume of visitors as compared to a retail store. In addition, the existing florist shop is a delivery-oriented specialty retail shop, which is operated similar to an office use where most clients are seen on appointment basis. Also, the subject property would be improved with new parking spaces, driveways, and a loading space that meet the City’s parking and driveway standards. The new landscaping includes a planter along the front property line, which will bring the property more into conformance with the front landscape setback requirement. In addition, the applicant submitted a trip generation analysis to City staff and the analysis concluded that the traffic generated by the conversion will not impose an undue burden upon the City’s streets. Lastly, the subject property has been used for commercial purposes (without the required zoning entitlement) for approximately 20 years without negatively impacting the surrounding area. Other than the Code Enforcement case currently open for the existing commercial use of the subject property, there hasn’t been any Code Enforcement cases received on the subject property for many years. CONDITIONAL USE PERMIT NO. 2018-05914, VARIANCE NO. 2018-05101, AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00414 February 21, 2018 Page 4 of 7 Based on these reasons, staff believes the conversion of the existing residential structure to a commercial use is appropriate for the site, will not cause any significant impact to the adjacent residential uses (mobile home park) to the west and north, and is consistent with the character of the surrounding residential neighborhood. To ensure compliance with all applicable Building and Fire Code requirements, a condition of approval requiring a building permit to allow any building occupancy changes is included in the attached resolution. Variance: Before the Planning Commission may approve a variance, it must make a finding of fact that the evidence presented shows that the following conditions exist: 1) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; 2) That, because of the special circumstances, shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. The applicant is proposing two types of variances, which includes: 1) a reduction in interior landscape setback requirement along the west property line; and 2) placement of one handicap parking space to be located in front of the existing structure. The requested variances are shown on the site plan below: Requested Variances Landscape Setback Variance: The Zoning Code requires a 10-foot wide landscape setback along the west property line abutting a residential use (mobile home park). The applicant is requesting a reduction in the required landscape setback along the west property line (up to five feet where 10 feet is required) to accommodate a new driveway. Reduced landscape setback area Parking space in front of the main structure CONDITIONAL USE PERMIT NO. 2018-05914, VARIANCE NO. 2018-05101, AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00414 February 21, 2018 Page 5 of 7 A variance recognizes that there may be individual properties that, because of size, irregular shape, or unusual topography, cannot be reasonably developed if all the development standards for the zone are strictly applied. The subject property has a width of 80 feet and depth of 160 feet (lot area of 0.29 acres) and was originally developed as a single-family residential use. The small size of the lot, as compared to all other C-G zoned properties in the vicinity, and the existing layout of the property, which was originally developed as a single-family residential use, make it difficult to meet all the development standards while providing adequate setbacks. Given the existing layout of the property, only one-way traffic can be accommodated; therefore, new driveways must be installed around the existing structure. The proposed reduction of the interior landscape setback is to accommodate the required turning radius for vehicles on this new driveway, while maintaining enough space to install a new landscape planter along the front property line, which currently do not exist. Staff believes that the proposed layout of the project is designed in a manner that is sensitive to the adjacent residential properties, as sufficient landscape setback is provided for more than 75 percent of the west property line. With this variance, the property owner would be allowed to develop the property in a manner that is compatible with the commercial uses in the vicinity. Because subject property’s lot size is much smaller than surrounding C-G zoned properties, and the constraints resulting from the existing layout of the property, staff believes that there are special circumstances applicable to the property to justify this minor landscape setback variance. Therefore, strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. Parking Space Location Variance: The applicant is requesting a variance to allow one handicap parking space to be located in front of the existing structure, adjacent to the new ADA-compliant ramp. When a residential structure is converted into a commercial use, the Zoning Code requires that all parking spaces be provided to the rear or non-street side of the main structure. As previously mentioned, the small size of the lot and the existing layout of the property make it difficult to meet all the development standards. Required improvements such as a loading space, ADA improvements, turning radius and back-up space for vehicles, and landscape setbacks further restrict the ability to provide all required parking spaces to the rear or non-street side of the main structure. Based on these reasons, staff believes that there are special circumstances applicable to the property to justify one handicap parking space to be located in front of the main structure. With this variance, the property owner would be allowed to develop the property in a manner that is compatible with the other commercial uses in the vicinity, as parking spaces in commercial areas are typically allowed to be located in front of the main structure, as long as they are located outside of the required front setback area. As such, strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. Also, the applicant proposes to install a narrow landscape planter along the front property line to provide additional screening as viewed from Lincoln Avenue. CONDITIONAL USE PERMIT NO. 2018-05914, VARIANCE NO. 2018-05101, AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00414 February 21, 2018 Page 6 of 7 Administrative Adjustment: The applicant requests an administrative adjustment to permit fewer parking spaces than required by the Zoning Code. The Planning Director has a 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 to provide a comprehensive evaluation of the project and to make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) The adjustment is consistent with the purposes and intent of the Zoning Code; 2) The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment; and 3) The adjustment will not produce a result that is out of character or detrimental to the neighborhood. The proposed use requires four spaces per 1,000 square feet, for a total of 13 required parking spaces. The applicant is proposing to provide 11 parking spaces, which is a deviation of 15% of the Code requirement. The Zoning Code allows a deviation of 20 percent or less from the minimum parking requirements under an Administrative Adjustment process. Staff is supportive of this deviation from the number of parking spaces required by the Zoning Code since the existing building is intended for low-intensity commercial uses (i.e. offices and specialty retail), where parking spaces are anticipated to be used mostly by employees and a negligible amount of customer visitation. Staff also conducted three site visits at various times of day to observe the parking demand for the two existing businesses. On all three occasions, no more than three vehicles were parked at the subject site. To ensure that parking demand of future uses remain consistent with the current and the proposed uses for the property, a condition of approval limiting all future uses to those that have a parking ratio requirement of four spaces per 1,000 square feet or less is included in the attached resolution. Based on these reasons, staff believes that the proposed reduction in the required on-site parking spaces does not impose an undue burden on the adjacent commercial and residential uses and recommends approval of the requested Administrative Adjustment. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within 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. CONDITIONAL USE PERMIT NO. 2018-05914, VARIANCE NO. 2018-05101, AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00414 February 21, 2018 Page 7 of 7 CONCLUSION: The proposed project would allow conversion of the existing residential structure into a commercial use. Even with the proposed reduction in the required parking spaces, staff believes that there is sufficient on-site parking for the proposed use and that the findings can be made to justify the requested variances. Therefore, staff believes the conversion of the existing residential structure into a commercial use is a suitable land use for this location and recommends approval of the project, subject to the recommended conditions of approval. Prepared by, Submitted by, Joanne Hwang Irma Huitron Associate Planner Acting Planning Services Manager Attachments: 1. Draft Conditional Use Permit, Variance and Administrative Adjustment Resolution 2. Letter of Request 3. Project Plans 4. Site Photographs C-GDEV 2017-00040OFFICE USE C-GSERVICESTATION T (MHP)LA BELLE FONTAINEMOBILE HOME ESTATES TLA BELLE FONTAINEMOBILE HOME ESTATES C-GRETAIL RM-3CONDOMINIUMS/TOW NHOUSES RM-3CONDOMINIUMSTOWNHOUSES C-GRETAIL T (MHP)LA BELLE FONTAINEMOBILE HOME ESTATESC-GRETAILC-GVACANT C-GRETAIL RM-4RANCHO VISTAAPARTMENTS117 DU C-GRETAIL C-GRETAIL C-GVACANT C-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL T (MHP)PACIFIC SUNSET MOBILEHOME PARKRM-4 F O U R P L E X R M -4 F O U R P L E X W LINCOLN AVE N B E A C H B L V D S B E A C H B L V D W LINCOLN AVE N G R A N D A V E S D E L A N O S T S G R A N D A V E W ANACAPA WAY 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 N . M A G N O L I A A V E S . W E S T E R N A V E S . M A G N O L I A A V E . K N O T T A V E W. LINCOLN AVE 3 0 4 3 Wes t Linc oln Avenue D E V N o. 2017-00040 Subject Property APN: 135-241-17 °0 50 100 Feet Aeria l Photo:May 2016 W LINCOLN AVE N B E A C H B L V D S B E A C H B L V D W LINCOLN AVE N G R A N D A V E S D E L A N O S T S G R A N D A V E W ANACAPA WAY 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 N . M A G N O L I A A V E S . W E S T E R N A V E S . M A G N O L I A A V E . K N O T T A V E W. LINCOLN AVE 3 0 4 3 Wes t Linc oln Avenue D E V N o. 2017-00040 Subject Property APN: 135-241-17 °0 50 100 Feet Aeria l Photo:May 2016 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2018-*** RESOLUTION NO. PC2018-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05914, VARIANCE NO. 2018-05101, AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00414 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00040) (3043 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2017-05914 to permit the conversion of an existing residential structure into a commercial use, (ii) Variance No. 2018-05101 to allow one handicap parking space to be located in front of the main structure and an interior side landscape setback that is less than required by the Anaheim Municipal Code (the “Code”), and (iii) Administrative Adjustment No. 2018-00414 to allow less parking spaces than required by the Code, at a certain real property located at 3043 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, approximately 0.29-acres in size, is currently developed with an existing residential structure and an area that could accommodate approximately ten vehicles. The Property is designated for Corridor Residential land uses by the Anaheim General Plan. The Property is also located in the "C-G" General Commercial Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 21, 2018 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2017-05914, Variance No. 2018-05101, and Administrative Adjustment No. 2018-00414 (collectively, 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 - PC2018-*** WHEREAS, the Planning Commission finds and determines that the effects of the proposed project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the 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, this 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 2017-05914, does find and determine the following: 1) That the proposed use is properly one for which a conditional use permit is authorized by the Code which allows conversion of residential structure into a commercial use in the General Commercial (C-G) Zone subject to approval of a conditional use permit pursuant to Section 18.08.030 of the Code; and 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 in that the building is intended to be occupied by low-intensity commercial uses (i.e. offices and specialty retail), and that the subject property will be modified to provide on-site improvements that meet most of the City standards. In addition, the subject property has been used, albeit without a required zoning entitlement, for at least 20 years without negatively impacting the surrounding area, and the Proposed Project is compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area as there is no addition proposed to the existing structure; and 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 in that the Proposed Project is designed to provide on- site parking and vehicle flow to the best extent possible and therefore is not anticipated to adversely affect development of the area; and 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 because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding street; 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 that the impact upon the surrounding area has been mitigated to the maximum extent practicable in that site development standards proposed for the Proposed Project are consistent with the development standards of the "C-G" General Commercial zone, with the exception of the variances described below; and; - 3 - PC2018-*** WHEREAS, the Planning Commission does further find and determine that the request for Variance No. 2018-05101 for reduced interior side landscape setback should be approved for the following reasons: SECTION NO. 18.08.060.010.0101 Minimum interior landscaped setback. (10 feet required; 5 to 10 feet proposed) 1. There are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the Proposed Project. The subject property has a width and depth of 80 feet by 160 feet, and a lot area of 0.29 acres, and was originally developed as a single-family residential use. The small size of the lot, as compared to all other C-G zoned properties in the vicinity, and the existing layout of the property, which was originally developed as a single-family residential use, make it difficult to meet all the development standards while providing adequate setbacks. The proposed reduction on the landscape setback is to accommodate the required turning radius for vehicles on a new driveway, while having enough space to install a new landscape planter along the front property line, which currently does not exist. In addition, the proposed layout of the project is designed in a manner that is sensitive to the adjacent residential properties, as sufficient landscape setback is provided for more than 75 percent of the west property line. 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity; and WHEREAS, the Planning Commission does further find and determine that the request for Variance No. 2018-05101 to locate one handicap parking space in front of the main structure should be approved for the following reasons: SECTION NO. 18.38.120.030 Location of Parking Spaces (All parking is to be provided to the rear or non-street side of the main structure; one handicap space is proposed in front of the main structure) 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the Proposed Project. The small size of the lot and the existing layout of the property make it difficult to meet all the development standards. Required improvements such as loading space, ADA improvements, turning radius and back-up space for vehicles, and landscape setbacks further restrict the ability to provide all required parking spaces to the rear or non-street side of the main structure. In addition, the proposed layout of the project is designed in a manner that is sensitive to the adjacent residential properties, as the subject parking space is outside the require front setback areas, and a new landscape planter will be installed to provide screening. - 4 - PC2018-*** 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity, especially since parking spaces in commercial areas are typically allowed to be located in front of the main structure as long as they are located outside of the required front setback area; and. WHEREAS, the Planning Commission does further find and determine that the request for Administrative Adjustment No. 2018-00414 should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (13 spaces required; 11 spaces proposed) 1. The adjustment is consistent with the purposes and intent of the Zoning Code because the subject property is located in the “C-G” General Commercial zone which allows conversion of existing residential structures into a commercial use. The Proposed Project would comply with all other development standards of the C-G Zone, with the exception of the variances described above. In addition, the tenant spaces within the structure are intended for low-intensity commercial use (i.e. offices and specialty retail), where parking spaces are anticipated to be used mostly by employees. 2. The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment, as the small size and the existing layout of the subject property with other required site improvements severely restricts the ability to provide the required number of parking spaces. The only alternative to processing an administrative adjustment would be to demolish a portion of the structures on the Property in order to provide space to accommodate the additional parking. 3. The adjustment will not produce a result that is out of character or detrimental to the neighborhood as the commercial use is a compatible use with the surrounding area, as the intended occupants of the Proposed Project are low-intensity commercial uses that do not accommodate a large number of customers on-site; therefore, the Proposed Project would not negatively impact the surrounding neighborhood; and 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. - 5 - PC2018-*** NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. 2017-05914, Variance No. 2018-05101, and Administrative Adjustment No. 2018-00414, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property for which Conditional Use Permit No. 2017-05914, Variance No. 2018-05101, and Administrative Adjustment No. 2018-00414 is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that 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 February 21, 2018. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2018-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on February 21, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of February, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 7 - PC2018-*** - 8 - PC2018-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2017-05914, VARIANCE NO. 2018-05101, AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00414 (DEV2017-00040) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 The applicant shall obtain an approval of building occupancy change and comply with all provisions of Title 15 (Building and Housing Code) of the Anaheim Municipal Code and all provisions of Fire Zone No. 2, except as modified in whole or in part by the Fire Chief. The plans submitted for building plan check shall also include any existing unpermitted improvements in the existing structure. Planning & Building Department, Building Division and Fire Department 2 Submit a Water Quality Management Plan (WQMP) to the City for review and approval. The WQMP shall be consistent with the requirements of Section 7 and Exhibit 7.II of the Orange County Drainage Area Management Plan (DAMP) for New Development/ Significant Redevelopment projects. identify potential sources of pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. Submit three (3) copies and a plan checking deposit to the Public Works/Development Services for consideration and approval. Public Works, Development Services 3 The property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities, Electrical Engineering 4 Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities, Electrical Engineering 5 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities, Electrical Engineering - 9 - PC2018-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 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 7 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 8 The plans submitted for a building permit plan check shall show the existing 1-inch water meter serving the property and a separate irrigation service lateral and meter. The existing water meter and the new irrigation meter shall be located in the parkway. Public Utilities, Water Engineering 9 The applicant shall contract with trash hauler or other service to have bins brought out to street for service, as approved by the Sanitation Division of the Public Works Department. Public Works, Operations Division 10 The plans submitted for a building permit shall provide trash enclosure details compliant with the City’s standards. Public Works, Operations Division 11 Final landscaping plans in compliance with all Code requirements shall be submitted for review and approval by the Planning and Building Director or his/her designee. The submitted plans shall include landscape material suitable for screening within the landscape planter located along the front property line, which is located in front of the proposed handicap parking space. Landscaping shall be installed prior to the issuance of a Certificate of Occupancy. Planning & Building Department, Planning Services 12 The unpermitted vehicle gate and fence/wall along the front property shall be removed. Planning & Building Department, Planning Services 13 The proposed gate design and location shall be reviewed and approved by the Anaheim Fire Department and Public Works Traffic Engineering Division. Fire Department, Public Works, Traffic Engineering Division PRIOR TO FINAL BUILDING OR ZONING INSPECTIONS 14 Owner shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities, Water Engineering - 10 - PC2018-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 15 The following minimum clearances shall be provided around all existing and proposed water facilities (e.g. water main, fire hydrants, service laterals, meters, meter boxes, backflow devices):  10 feet minimum clearance from structures, footings, walls, stormwater BMPs, utility poles, street lights, and trees.  5 feet minimum clearance from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. Public Utilities, Water Engineering 16 All future uses shall be limited to uses listed in Section 18.38.120 of the Anaheim Municipal Code. Further, no uses with a parking ratio requirement higher than four (4) spaces per 1,000 square feet of floor area shall be permitted at this property without obtaining approval of a variance. Planning & Building Department, Planning Services 17 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 & Building Department, Planning Services 18 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 & Building Department, Planning Services 19 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. Planning & Building Department, Planning Services Hae Sun Chung 3043 W. Lincoln Ave. Anaheim, CA 92801 The Planning Commission City of Anaheim 200 S. Anaheim Boulevard 1st Floor, Suite 162 Anaheim , CA 92805 To whom it may Concern: This letter is to express the purpose and details of the specific units currently in review for a conditional use permit. Unit A for C & S mortgage lenders corp. office, Unit B for floral business, Unit C office, and Unit D for office. (See attached site map for unit locations) These business are low volume delivery oriented and by appointment. Due to the low density of traffic and draw that they bring, the parking lot is sufficient to accommodate customers and employees alike. It will not impose an undue burden upon roads close by including the driveway or nearby street. The approval of this conditional use permit will not harm the health and safety of the citizens of the city of Anaheim or its neighbors. Instead, it will help small businesses obtain a brick and mortar space to provide services for locals and neighbors. Thank you for your consideration and I look forward to working with the City of Anaheim. Best Regards, Hae Sun Chung 714-471-8717 ATTACHMENT NO. 2 ATTACHMENT NO. 3 Site Photographs Front Side Rear 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. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: FEBRUARY 21, 2018 SUBJECT: GENERAL PLAN AMENDMENT NO. 2017-00514 ZONING CODE AMENDMENT NO. 2017-00142 LOCATION: Citywide REQUEST: This is a City-initiated request to amend the General Plan and Zoning Code to facilitate development of lower density mixed-use development projects and mid-range residential development. Staff proposes to amend the General Plan Land Use Element to create four new Mixed Use land use designations and a new Mid- Density Residential land use designation. Staff also proposes to amend Title 18 (Zoning) of the Anaheim Municipal Code (Code), to modify Chapters 18.06 (Multiple-Family Residential Zones) and 18.32 (Mixed Use Overlay Zone) to implement the new land use designations. Property owners that wish to develop under the new land use designations would be required to process subsequent site specific General Plan Amendments and Zone Reclassifications. RECOMMENDATION: Staff recommends that the Planning Commission, by adopting the attached resolution, determine that the proposed General Plan Amendment and Zoning Code Amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) of the CEQA Guidelines; and recommend City Council approval of General Plan Amendment No. 2017-00514 and Zoning Code Amendment No. 2017-00142. BACKGROUND: In 2004, the City comprehensively updated its General Plan and Zoning Code. Since that time, the City has amended the General Plan and Zoning Code on an as-needed basis as the result of the staff’s periodic review of the documents. The City’s General Plan Land Use Element has two Mixed Use land use designations: Non-Residential Mixed-Use and Mixed Use. The City implements the Non- Residential Mixed Use land use designation in the Flex Area (DA-7) of the Anaheim Canyon Specific Plan (ACSP), which allows for a wide range of office, commercial and industrial land use. Staff is not proposing any changes to the Non-Residential Mixed-Use land use designation. GENERAL PLAN AMENDMENT NO. 2017-00514, ZONING CODE AMENDMENT NO. 2017-00142 February 21, 2018 Page 2 of 5 The Downtown Mixed Use (DMU) Overlay Zone, Platinum Triangle Mixed Use (PTMU) Overlay Zone, Mixed Use (MU) Overlay Zone and the Transit Oriented Area (DA-3) of the ACSP implement the Mixed-Use land use designation. Table 1 below shows the maximum dwelling units per acre and maximum floor area ratio permitted for each of the zones. Table 1: Mixed Use Land Use Designation Implementation Zone/Development Area Maximum Dwelling Units per Acre Maximum Non-Residential Floor Area Ratio DMU 100 3.0 PTMU1 100 3.0 MU 60 Determined by CUP2 DA-3 60 0.1 or as determined by CUP 1. Maximum development within the PTMU Overlay Zone is further limited to no more than 17,501 dwelling units; 4,782,243 square feet of commercial development; 9,180,747 square feet of office development; and, 1,500,000 square feet of institutional development. 2. Conditional Use Permit The City has six General Plan Residential land use designations. Table 2 below shows the designations and the implementing zones. Table 2: Residential Land Use Designation Implementation General Plan Designation Estate Low Density Low- Medium Hillside Density Low- Medium Density Medium Density Corridor Implementing Zone RH-1 RH-2 RH-3 RS-1 RS-2 RS-3 RS-3 (SC)1 RS-4 (SC) RM-2 (SC) RS-4 RM-1 RM-2 RM-3 RM-3 RM-4 RM-1 Maximum Dwelling Units per Acre 1.5 6.5 6.0 18.0 36.0 13.0 1. Scenic Corridor Overlay Zone Over the past several years, City staff has observed a market demand for residential development that is greater than 18 dwelling units per acre (Low-Medium Density Residential), but less than 36 dwelling units per acre (Medium Density Residential). Further, staff has observed a need for lower density and greater variation in the Mixed Use land use designation. PROPOSAL: The following is an overview of the proposed changes to provide new General Plan Mixed Use and Residential land use designations and amend the Zoning Code to implement the new land use designations. GENERAL PLAN AMENDMENT NO. 2017-00514, ZONING CODE AMENDMENT NO. 2017-00142 February 21, 2018 Page 3 of 5 Mixed Use General Plan and Zoning Code Amendments: Staff proposes to create four Mixed Use land use designations, as shown in Table 3. Table 3: Proposed Mixed Use Land Use Designations General Plan Designation Maximum Dwelling Units Per Acre Maximum Non-Residential Floor Area Ratio Implementing Zone/ Development Area Mixed Use Mid 27 0.10 MU Mixed Use Medium 36 0.35 MU Mixed Use High 60 0.35 MU/DA-3 Mixed Use Urban Core 100 3.00 DMU and PTMU Creating designations with varying levels of density (dwelling units per acre) and intensity (non- residential floor area ratio) would allow the City greater flexibility and discretion when considering future General Plan Amendments for new mixed-use projects. For example. there are two conceptual projects presented to staff by The LAB (developer of the Packing House, MAKE, and Leisuretown) that would be facilitated by these amendments: 1) BARN, a mixed use project in Center City consisting of 57 residential units and 17,000 square feet of commercial space; and, 2) HOMEMADE a mixed use project in the Packing District consisting of culinary live-work units and a small commercial component. These conceptual projects are well under the maximum allowable density of the existing Mixed Use designation. Since General Plan Amendments are legislative acts and cannot be conditioned, if a project is approved with a General Plan Amendment for a density higher than necessary for the applicant’s development project, there are no assurances that the subject property would be built under the reduced density. Without these new land use designations, an unintended consequence of approving a General Plan Amendment to a higher density than needed for the project, under the assumption that the applicant would build a less dense project, could result in the original development project being replaced with a higher density project after the General Plan Amendment has been adopted. By creating the varying mixed-use land use designations, the City would have the flexibility to limit density and floor area ratio to the appropriate Mixed Use land use designations, which would be reflective of a wider variety of projects. The General Plan Amendment would modify the General Plan Land Use Map to change the land use designation for properties that the General Plan currently designates for Mixed Use land use. The amendment would designate properties within the DMU and PTMU Overlay Zones for Mixed Use Urban Core land use. The amendment would change all other properties designated by the General Plan for Mixed Use land use to the Mixed Use High land use designation. These map amendments would be reflective of current City policy to focus higher density and higher intensity projects in the Center City (downtown) and Platinum Triangle, while allowing less dense and intense projects to develop in existing Mixed Use areas outside the respective overlay zones. The amendment would not modify the Land Use Map for the Mixed Use Mid and Mixed Use Medium land use designations. Property owners that would like to take advantage of these new designations would request separate General Plan Amendments with the processing of development proposals. The City would evaluate implementation of these new designations on a case-by-case basis. GENERAL PLAN AMENDMENT NO. 2017-00514, ZONING CODE AMENDMENT NO. 2017-00142 February 21, 2018 Page 4 of 5 Staff proposes to implement the new General Plan Mixed-Use Mid and Mixed-Use Medium land use designations through the MU Overlay Zone. Staff proposes to amend Chapter 18.32 Mixed Use (MU) Overlay Zone of the Zoning Code to reflect its implementation of the new land use designations. The amendment would establish maximum density and floor area ratio per the General Plan land use designation. Mixed-use projects would be subject to approval of a conditional use permit and evaluated for merit on a case-by-case basis. Staff has identified several other changes to the MU Overlay Zone that would facilitate development of the new and existing Mixed Use land use designations. Staff recommends removal of the minimum lot size requirement of three acres. This minimum lot size could be prohibitive to development, especially infill projects that are often considered on smaller lots. In addition, staff recommends adding certain allowable uses to the Mixed Use Overlay Zone to create consistency with commercial uses allowed in the “C-G” General Commercial Zone. Specifically, staff recommends adding the uses in Table 4, as primary uses: Table 4: Additional Uses within the MU Overlay Zone Use Approval Process Animal Grooming Permitted by right Drive-through Facilities Conditional Use Permit Hotels and Motels Conditional Use Permit Markets – Large Permitted by right, subject to Chapter 18.38.155 Markets – Small Permitted by right, subject to Chapter 18.38.155 Residential General Plan and Zoning Code Amendments: The City’s General Plan currently has six residential land use designations, reflecting densities ranging from up to 1.5 dwelling units per acre to up to 36 dwelling units per acre. Staff has recently seen several residential projects, shown in Table 5, approved or proposed that have been within a density range of between 19-27 dwelling units per acre, indicating market demand for this type of product. This density range is between the maximum allowable density of the Low-Medium Density (18 dwelling units per acre) and the Medium Density (36 dwelling units per acre) residential land use designations. Table 5: Recent Proposed or Approved Projects Project Dwelling Units per Acre Status Ball Road Townhomes 26 Approved Olson Company Townhomes 24 Approved Shopoff Residential 26.7 Approved Savanna Street Townhomes 24.6 Proposed La Palma Townhomes 19 Proposed Nohl Ranch 19.7 Proposed GENERAL PLAN AMENDMENT NO. 2017-00514, ZONING CODE AMENDMENT NO. 2017-00142 February 21, 2018 Page 5 of 5 Staff recommends creating a “Mid Density” Residential land use designation, which would permit densities of up to 27 dwelling units below in order to meet this market demand without allowing a land use designation substantially more dense than needed. To implement the Mid Density Residential land use designation, staff proposes to create the “RM-3.5” Multiple Family Residential Zone, with development standards proposed in between the existing standards of the RM-3 and RM-4 zones. Since General Plan Amendments are legislative acts and cannot be conditioned, if a project is approved with a General Plan Amendment for a density higher than necessary for the applicant’s development project, there are no assurances that the subject property would be built under the reduced density. Without these new land use designations, an unintended consequence of approving a General Plan Amendment to a higher density than needed for the project, under the assumption that the applicant would build a less dense project, could result in the original development project being replaced with a higher density project after the General Plan Amendment has been adopted. By creating the varying mixed-use land use designations, the City would have the flexibility to limit density and floor area ratio to the appropriate Mixed Use land use designations, which would be reflective of a wider variety of projects. Similar to the Mixed Use Designation, an unintended consequence of approving a General Plan Amendment to a higher density than needed for the project, under the assumption that the applicant would build a less dense project, could result in the original development project being replaced with a higher density project after the General Plan Amendment has been adopted. By creating the Mid Density Residential land use designation, the City would have assurance that properties that the General Plan designates for Mid Density Residential land use, could only be developed with projects with residential densities of up to 27 dwelling units per acre. ENVIRONMENTAL ANALYSIS: Staff recommends that the Planning Commission determine that this action is exempt from the California Environmental Quality Act under Section 15061(b)(3) of Title 14 of the California Code of Regulations on the basis that there is no possibility that the proposed General Plan and Zoning Code Amendments would have a significant effect on the environment. CONCLUSION: Staff recommends that the Planning Commission recommend approval of the proposed General Plan and Zoning Code Amendments to the City Council, as both would facilitate mixed use and residential development, while retaining the City’s ability to properly review and impose conditions as deemed necessary to ensure compatibility with the surrounding areas. Prepared by, Submitted by, Nick Taylor Irma Huitron Associate Planner Acting Planning Services Manager Attachments: 1. Draft Planning Commission Resolution GPA with Exhibit A – Draft Land Use Element Redline- Strikeout, & Exhibit B – Proposed Land Use Map 2. Draft Planning Commission Resolution ZCA with Exhibit A – Draft City Council Ordinance 3. Summary of Amendments [DRAFT] ATTACHMENT NO. 1 -1- PC2018-*** RESOLUTION NO. PC2018-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVE AND ADOPT GENERAL PLAN AMENDMENT NO. 2017-00514 (DEV2017-00075) WHEREAS, the Anaheim City Council (“City Council”) did adopt the Anaheim General Plan by Resolution No. 69R-644, showing the general description and extent of possible future development within the City; and WHEREAS, by adoption of Resolution No. PC2004-95 on May 25, 2004, the City Council adopted a comprehensive update to the General Plan for the City of Anaheim (collectively, the "2004 General Plan Update"); and WHEREAS, the Planning Director has initiated General Plan Amendment No. 2017- 00514, as shown on Exhibit A attached hereto and incorporated herein by this reference as if set forth in full, to (1) to provide for four (4) mixed use land designations with varying levels of density (units per acre) and intensity (non-residential floor area ratio); and, (2) to create mid- density residential designation with up to twenty-seven (27) dwelling units per acre; and WHEREAS, General Plan Amendment No. 2017-00514 also amends "Figure LU-4: Land Use Plan” of the Land Use Element of the General Plan to re-designate the Property within Downtown Mixed Use and Platinum Triangle Mixed Use Overlay Zones from "Mixed Use” land use to " Mixed Use Urban Core " land use designation, as shown on Exhibit A; and WHEREAS, General Plan Amendment No. 2017-00514 proposes to amend "Figure LU- 4: Land Use Plan” of the Land Use Element of the General Plan to re-designate all other property designated "Mixed Use” land use to the "Mixed Use High" land use designation, as shown on Exhibit A; 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 WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on February 21, 2018, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to consider General Plan Amendment No. 2017- 00514 and to hear and consider evidence for and against General Plan Amendment No. 2017- 00514, and related actions, and to investigate and make findings and recommendations in connection therewith; and -2- PC2018-*** WHEREAS, pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission finds, and recommends that the City Council also find and determine, that General Plan Amendment No. 2017-00514 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because there is no possibility that the amendment will have a significant effect on the environment; and WHEREAS, the Planning Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find: 1. That proposed General Plan Amendment No. 2017-00514 maintains the internal consistency of the General Plan, because there would be no change to the Goals and Policies of the General Plan. 2. That proposed General Plan Amendment No. 2017-00514 would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to the Anaheim General Plan does not relate to any development project, and any future projects would be subject to the Zoning Code requirements. 3. That proposed General Plan Amendment No. 2017-00514 would maintain the balance of land uses within the City because the proposed amendment would provide great flexibility and therefore more quality housing opportunities to address the City’s diverse housing needs. 4. That the properties to be re-designated by proposed General Plan Amendment No. 2017-00514 are physically suitable to accommodate the proposed modification, including but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses because the proposed amendment is designed to complement existing land use designations. 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, based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council of the City of Anaheim approve and adopt General Plan Amendment No. 2017-00514 in the form attached hereto as Exhibit A, contingent upon and subject to the adoption of an ordinance reclassifying the properties affected by General Plan Amendment No. 2017-00514. -3- PC2018-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 21, 2018. 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 February 21, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of February, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 126568 / LM LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-i Land Use Element INTRODUCTION ............................................................................................................... 1 Relationship to Other Elements .................................................................................... 1 Relationship to Other Planning Tools ............................................................................ 1 Achieving the Vision ................................................................................................... 5 Setting ...................................................................................................................... 6 Existing Land Uses ...................................................................................................... 6 LAND USE PLAN ............................................................................................................ 11 Land Use Designation System .................................................................................... 11 Plan Objectives ......................................................................................................... 33 Land Use Buildout Analysis ........................................................................................ 38 GOALS & POLICIES ....................................................................................................... 41 Citywide Goals and Policies ....................................................................................... 41 Neighborhoods .................................................................................................. 41 Housing Opportunities ........................................................................................ 42 Corridors .......................................................................................................... 43 Compatibility ..................................................................................................... 44 Creating Identifiable Places .................................................................................. 45 Redevelopment and Revitalization ........................................................................ 46 Jobs-Housing Relationship ................................................................................... 47 Community Policy Areas ............................................................................................ 49 The Hill and Canyon Area ................................................................................... 49 West Anaheim ................................................................................................... 50 North Euclid Street ............................................................................................. 51 East Anaheim ..................................................................................................... 53 North Central Industrial Area ............................................................................... 54 The Colony and Downtown ................................................................................. 55 South Anaheim Boulevard ................................................................................... 57 The Platinum Triangle ......................................................................................... 58 Anaheim Canyon ................................................................................................ 59 EXHIBIT "A"ATTACHMENT NO. 1 CITY OF ANAHEIM Page LU-ii | May 2004 List of Figures Figure LU-1 Specific Plans .................................................................................. 3 Figure LU-2 Regional Vicinity Map ...................................................................... 9 Figure LU-3 Floor Area Ratio Example (FAR = 0.50) ......................................... 11 Figure LU-4 Land Use Plan .............................................................................. 13 Figure LU-5 Areas of the City with Special Density Limitations ............................. 17 List of Tables Table LU-1 City of Anaheim Approved Specific Plans ................................................ 2 Table LU-2: Residential Land Use Designations ...................................................... 15 Table LU-3: Non-Residential Land Use Designations .............................................. 15 Table LU-4: General Plan Density Provisions for ..................................................... 19 Specific Areas of the City ..................................................................................... 19 Table LU-5: Residential Buildout Estimates ............................................................ 39 Table LU-6: Non-Residential Buildout Estimates ..................................................... 40 LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-1 Introduction he Land Use Element is a guide, or “blueprint,” for Anaheim’s future development. It designates the distribution and general location of land uses, such as residential, retail, industrial, open space, recreation, and public uses. The Land Use Element also addresses the permitted density and intensity of the various land use designations as reflected on the City’s General Plan Land Use Map (Figure LU-4). RELATIONSHIP TO OTHER ELEMENTS The Land Use Element and its associated General Plan Land Use Map are intended to capture and communicate Anaheim’s long-term vision for future development. Of all the General Plan elements required by State law, the Land Use Element has the broadest scope. Since it governs how land is to be utilized, virtually all of the issues and policies contained in other Elements relate in some degree to this Element. For example, the Circulation Element defines policies for the accommodation of vehicular trips generated by the population and employment associated with the various land uses permitted by the Land Use Element. Similarly, the location and intensity of uses prescribed by this Element are influenced by policies for the protection of environmental and recreational resources in the Green Element. The Land Use Element also furthers the goals and policies of the Housing Element by identifying opportunities for new residential development that include a wide range of densities. The Community Design Element complements the Land Use Element by providing policies that promote quality development and enhance community character. Specific redevelopment and revitalization goals and policies that further the direction of the Land Use Element are included in the Economic Development Element. RELATIONSHIP TO OTHER PLANNING TOOLS Although the General Plan serves as the blueprint for future development, several other planning tools help the City implement its Vision. T CITY OF ANAHEIM Page LU-2 | May 2004 Zoning The City’s Zoning Code is the primary tool for implementing the General Plan, providing development standards, identifying allowable land uses, and specifying other regulations. The Zoning Code guides the use patterns, design, and improvements for development projects. By establishing rules regarding the use of property and site development standards (e.g., building heights and setbacks, parking standards, etc.), the Zoning Code provides detailed guidance for development based on, and consistent with, the land use policies established within the General Plan. Specific Plans Specific plans are customized regulatory documents that provide more focused guidance and regulation, for particular areas. They generally include a land use plan, circulation plan, infrastructure plan, development standards, design guidelines, phasing plan, financing plan, and implementation plan. Anaheim has 10 approved specific plans governing land use development in designated areas. The specific plans listed below are depicted on Figure LU-1, and can be viewed at the City’s Planning Department. TABLE LU-1 CITY OF ANAHEIM APPROVED SPECIFIC PLANS Number Plan Name 87-1 The Highlands at Anaheim Hills 88-1 Sycamore Canyon 88-2 The Summit of Anaheim Hills 90-1 The Anaheim Hills Festival 90-2 East Center Street Development 90-4 Mountain Park 92-1 The Disneyland Resort 92-2 The Anaheim Resort 93-1 Hotel Circle 2015-1 Anaheim Canyon LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-3 Figure LU-1 Specific Plans Place on odd 11 x 17 page. CITY OF ANAHEIM Page LU-4 | May 2004 This page intentionally left blank. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-5 Redevelopment Plans The City of Anaheim has maintained an active redevelopment program since the 1970s when it first began efforts to revitalize its Downtown core. The City’s redevelopment efforts have since greatly expanded, encompassing six major project areas as of 2003. As these project areas have progressed and property values increased, the Redevelopment Agency, headed by the City Council and staffed by the Community Development Department, has used the resulting increases in tax revenue for a variety of public purposes, including funding for the provision of affordable housing. The Agency coordinates several on-going efforts associated with industrial, retail, office and residential development within redevelopment project areas including the provision of off-site public improvements, project financing, site evaluation and infrastructure analysis. Locations of each project area and a more thorough discussion of redevelopment in Anaheim is addressed in the Economic Development Element. ACHIEVING THE VISION The Land Use Element is an important tool in achieving Anaheim’s Vision. The Vision was developed to guide the City to its preferred future by identifying important desired community characteristics. A “visioning” process consisting of several focused workshops held throughout the community, a community-wide Planning Rally at Angel Stadium of Anaheim, and a community survey of Anaheim residents was completed as a means to identify such characteristics. During the visioning process a number of community values were articulated. Those related to land use included:  A balance of jobs, housing, open space and recreational opportunities;  The need for quality development;  Attractive neighborhoods (both new and existing) that offer a wide variety of residential product types appealing to the broad spectrum of people who want to live in Anaheim;  Protection of the integrity of single-family neighborhoods;  Recognizable gathering places where residents, employees and visitors can interact, socialize and recreate;  Revitalized corridors offering a mix of land uses as an alternative to underutilized strip commercial development;  First-class shopping and dining opportunities; and,  A pedestrian friendly, active Downtown that reflects the historic character of the Anaheim Colony. The guidance provided by the community has directly shaped the content of this Element and the balance of the General Plan.  The complete text of the Vision Statement is provided in Appendix A. A more detailed description of the public outreach program undertaken as part of the General Plan Update is provided in the General Plan Introduction. CITY OF ANAHEIM Page LU-6 | May 2004 SETTING Located in northwestern Orange County, the City of Anaheim lies approximately 35 miles southeast of downtown Los Angeles and 7 miles northwest of Santa Ana (see Figure LU-1). At the time of its incorporation in 1876, Anaheim covered just over 1,660 acres. Today, the City encompasses over 28,000 acres of land, stretching nearly 20 miles along the Riverside (SR-91) Freeway, and includes another 2,431 acres of unincorporated land within its sphere-of-influence. In addition to SR-91, regional access to and from Anaheim is provided by the Santa Ana (I-5), Orange (SR-57) and Costa Mesa (SR-55) freeways; the Eastern Transportation Corridor (SR-241); and Amtrak and Metrolink passenger train services. The City of Anaheim is a geographically diverse community. The western and central portions of the City are characterized by relatively flat ground that slopes gently to the southwest. This portion of the City is also characterized by a mix of suburban and urban development and is relatively built out. The area is home to Downtown and the Anaheim Colony Historic District, which are located within the City’s original 1.8 square mile boundary and contains a vast majority of Anaheim’s valued historic structures. The eastern portion of the City extends generally along the Santa Ana River to the Riverside County line. This part of the City includes hillside terrain and an abundance of natural resources. Residential development in the eastern portion of Anaheim largely consists of the various hillside communities on the south side of the Riverside Freeway that extend to the Eastern Transportation Corridor (SR-241). Other relatively flat residential neighborhoods are located north of the Santa Ana River and east of Imperial Highway, and generally south of the Santa Ana River at the intersection of the Riverside (SR-91) and Costa Mesa (SR-55) Freeways. Anaheim Canyon, a regional employment center consisting of office, industrial and commercial uses that generally spans the north side of the Riverside (SR-91) Freeway between the Orange (SR-57) Freeway and Imperial Highway, is also located in the eastern part of the City. EXISTING LAND USES Anaheim is well known for its various world-class tourist destinations, including The Anaheim Resort, which includes The Disneyland Resort and the Anaheim Convention Center, and its professional sports franchises/venues. However, it is also home to over 330,000 residents, 11,000 businesses, and 1,500 acres of passive and active parks and open space areas. Various types of existing land uses are found throughout Anaheim and are categorized by uses that can be grouped into nine broad categories: Residential, Quasi-Public/ Governmental, Sphere-of-Influence: Established by the Local Agency Formation Commission (LAFCO), spheres-of-influence are intended to reflect “the probable physical boundaries and service area” of cities. LAFCO is directed by State law (the Cortese/Knox Local Government Reorganization Act of 1985, as amended) to establish and periodically review the spheres-of-influence for each agency under its jurisdiction. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-7 Industrial/Manufacturing, Commercial/Office, Entertainment/Lodging, Parks/Open Space, Water Uses/Waterways, Agriculture/Vacant, and Other. Residential Residential land uses account for nearly half of the total land area in the City, most of which are devoted to single-family residential uses. Residential uses are found in nearly all areas of the City. A wide variety of housing types and affordability can be found throughout the City making it possible to provide for a diverse population both in age and income. Housing types range from large hillside estates to historic single-family homes, to duplexes and four-plexes, to multiple-family apartments and townhomes, and mixed-use developments. Commercial/Office Retail and service commercial uses in Anaheim follow the same basic pattern as most cities in North Orange County – that is, they are located primarily along arterial corridors. Two regional shopping areas are also located in the City, the Anaheim Plaza in West-Central Anaheim and The Festival in the Hill and Canyon Area. Office uses are generally dispersed throughout the City along arterial corridors and adjacent to its freeways, with small concentrations of larger-scale office buildings found in The Platinum Triangle and Downtown areas. Entertainment/Lodging Anaheim is known worldwide for its tourist attractions and sports/entertainment venues. These uses are concentrated in two adjacent areas separated by the Santa Ana (I-5) Freeway: The Anaheim Resort, comprised of the Anaheim Convention Center, the Disneyland Theme Park, Disney’s California Adventure Theme Park, Downtown Disney, and numerous hotels; and The Platinum Triangle, which includes the Arrowhead Pond and Angel Stadium of Anaheim. The Platinum Triangle is also home to a variety of restaurants, hotels and the Grove of Anaheim. Industrial/Manufacturing A critical component of Anaheim’s economic base, manufacturing and industrial uses comprise a significant portion of Anaheim’s land area. Much of Anaheim’s manufacturing and lighter industrial uses are concentrated in The Anaheim Canyon and in areas north of Angel Stadium of Anaheim. Some of the City’s older and heavier industrial uses are concentrated in the North Central Industrial Area, generally located south of the Riverside (SR-91) Freeway between Lemon Street and Raymond Avenue, and in the southeastern portion of Downtown along the Metrolink railway. Consistent with the Anaheim Vision and General Plan Land Use Map, many of the Downtown industrial areas are transitioning to residential uses. Additional industrial uses are found in other areas of the City, particularly along freeways and railroads. Quasi-Public/Governmental Quasi-public and governmental uses include a wide range of uses: governmental office buildings, fire and police stations, hospitals, utility buildings and substations, community centers, assembly CITY OF ANAHEIM Page LU-8 | May 2004 areas and libraries and schools, among others. Their locations are found throughout the City in order to effectively serve the public. Quasi-public and governmental uses account for a relatively small portion of the City’s total land area. Parks/Open Space Anaheim’s parks and open space account for approximately 6% or just over 1,500 acres of the City’s total land area. These areas include sports fields, playgrounds, nature preserves, golf courses, and other passive and active recreational uses. A more thorough discussion of Anaheim’s existing and planned park and open space resources can be found in the Green Element. Water Uses/Waterways The Santa Ana River is the most prominent water feature in Anaheim. It runs through the Hill and Canyon Area and Anaheim Canyon alongside the Riverside (SR-91) Freeway and along the eastern edge of The Platinum Triangle. The river provides a scenic and recreational resource for the entire region. It also serves as the City’s primary drainage and flood control facility as well as the primary source for groundwater recharge in the City. Two smaller, yet important drainage and flood control facilities in western Anaheim are the Carbon Creek Channel and the Anaheim/Barber City Channel. Another major water-related facility includes the 920-million gallon Walnut Canyon Reservoir, located in the Hill and Canyon Area. Flood control facilities and related goals and policies are discussed in the Safety Element; water and drainage systems and related goals and policies are discussed in the Public Services and Facilities Element; and water conservation and quality are addressed in the Green Element. Agriculture/Vacant Lands Although nearly 3,400 acres of land in Anaheim is utilized for agricultural purposes or is vacant, very little remains that is not already entitled for future development. The primary exceptions are the many utility easements that are envisioned to serve as trail connections, passive open space or low intensity commercial uses. The largest portion of vacant land is found in the Mountain Park Specific Plan area on the eastern edge of the City. The area includes 3,169 acres and is planned for a mix of residential uses, a park, a school, a fire station and open space. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-9 Figure LU-2 Regional Vicinity Map Place on odd 8 ½ x 11 page. CITY OF ANAHEIM Page LU-10 | May 2004 This page intentionally left blank. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-11 Land Use Plan As required by State law, the General Plan must identify land use designations and permitted development intensities. General Plans are also required to include a diagram of the location of these uses. These components, as well as a series of planning objectives that serve as the foundation for the Land Use Plan (Figure LU-4), are included in this section of the Land Use Element. LAND USE DESIGNATION SYSTEM Land use designations are provided in order to define the amount, type, and nature of future development that is allowed in a given location of the City. The following section defines each of the land use designations shown on the Land Use Plan, as well as the density and intensity standards required in accordance with State law. Tables LU-2 and LU-3 provide a summary of the land use designations in terms of density, intensity and typical implementation zones. Figure LU-5 and Table LU-4 provide more detailed information for those areas of the City subject to special density provisions. Each of the General Plan land use designations is typically implemented by a defined set of zoning designations included in the City’s Zoning Code. The Zoning Code contains the detailed regulations pertaining to permitted and conditional uses, site development standards, and performance criteria that serve to implement many goals and policies of the General Plan. Each of the residential use designations includes a range of allowable densities. The maximum density defines the maximum number of dwelling units per gross acre at which development can occur within a given residentially-designated area. Any portion of a residential lot designated on the Land Use Map as Open Space or any other non-residential designation should not be included in calculating density. The determination of precise density is also influenced by site location, topography, the development standards contained in the Zoning Code, and other City policies, regulations and ordinances. These other considerations may mean that the maximum density established by the General Plan land use designation may not be achievable on each potential development site. Building intensities for non-residential land uses are measured by floor area ratio (FAR). An FAR is the ratio of total net floor area of a building to the total lot area. An FAR describes the intensity of the use on a site and not necessarily the building height or site coverage. It does not include the area within parking structures used for parking and circulation or open outdoor storage areas. Figure LU-3 illustrates the concept of the FAR calculation. Figure LU-3 Floor Area Ratio Example (FAR = 0.50) Example: On a one-acre parcel (43,560 sq. ft.), a maximum floor area ratio (FAR) of 0.50 equates to a total building area of 21,780 sq. ft., in either a 1, 2, or 3 story configuration (43,560 sq. ft. multiplied by 0.50 equals CITY OF ANAHEIM Page LU-12 | May 2004 21,780 sq. ft.). Note how low coverage (building footprint) varies significantly as the building height changes to yield an identical FAR. Building covers 50% (21,780 sq. ft.) of parcel and is only one story high. Building covers 25% (10,890 sq. ft.) of parcel, but is two stories high. Building covers 16.6% (7,260 sq. ft.) of parcel and is now three stories high. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-13 Figure LU-4 Land Use Plan Place on an odd page. CITY OF ANAHEIM Page LU-14 | May 2004 This page left intentionally blank. LAND USE ELEMENT Ma y 2 0 0 4 City of Anaheim General Plan | Page LU-15 TA B L E L U - 2 : R E S I D E N T I A L L A N D U S E D E S I G N A T I O N S Re s i d e n t i a l M i x e d - U s e Es t a t e L o w D e n s i t y Lo w - M e d i u m Hi l l s i d e De n s i t y Lo w - M e d i u m De n s i t y Mi d D e n s i t y Me d i u m De n s i t y C o r r i d o r M i x e d - U s e Mi d Mi x e d - U s e Me d i u m Mi x e d - U s e High Mixed-Use Urban Core Mi n i m u m t o Ma x i m u m D e n s i t y (d w e l l i n g u n i t s / a c r e ) 0- 1 . 5 d u / a c 0 - 6 . 5 d u / a c 0- 6 . 0 d u / a c 0 - 1 8 . 0 d u / a c 0- 2 7 . 0 d u / a c 0- 3 6 . 0 d u / a c 0 - 1 3 . 0 d u / a c Up t o 1 0 0 0 - 2 7 . 0 du / a c 0. 1 0 F A R (R e f e r t o T a b l e L U - 4 fo r T h e P l a t i n u m Tr i a n g l e A r e a ) 0- 3 6 . 0 d u / a c 0. 3 5 F A R 0- 6 0 . 0 d u . a c 0. 3 5 F A R 0-100.0 du/ac 3.00 FAR Ty p i c a l Im p l e m e n t i n g Zo n i n g RH - 1 RH - 2 RH - 3 RS - 1 RS - 2 RS - 3 RS - 3 ( S C ) RS - 4 ( S C ) RM - 2 ( S C ) RS - 4 RM - 1 RM - 2 RM - 3 RM - 3 RM - 3 . 5 RM - 3 RM - 3 . 5 RM - 4 RM - 1 DM U MU MU DM U PT M U MU DMU PTMU TA B L E L U - 3 : N O N - R E S I D E N T I A L L A N D U S E D E S I G N A T I O N S Co m m e r c i a l O f f i c e I n d u s t r i a l Mi x e d - U s e Public/Quasi-Public OPEN SPACE PARKS WATER Ne i g h b o r h o o d G e n e r a l R e g i o n a l Co m m e r c i a l Re c r e a t i o n L o w H i g h I n d u s t r i a l Mi x e d - U s e Mi d Mi x e d - U s e Me d i u m Mi x e d - U s e Hi g h Mi x e d - U s e Ur b a n C o r e Non-Residential Mixed-Use Institutional Schools Pr o b a b l e t o Ma x i m u m In t e n s i t y 0. 3 5 - 0 . 4 5 F A R 0. 2 5 - 0 . 5 0 FA R 0. 3 0 - 0 . 5 0 FA R Re f e r t o Ta b l e L U - 4 0. 4 0 - 0 . 5 0 F A R (R e f e r t o T a b l e LU - 4 f o r O f f i c e Lo w a r e a s i n T h e Pl a t i n u m T r i a n g l e ) 0. 5 0 - 2 . 0 0 F A R (R e f e r t o T a b l e LU - 4 f o r O f f i c e Hi g h a r e a s i n T h e Pl a t i n u m T r i a n g l e ) 0. 3 5 - 0 . 5 0 F A R 0. 0 0 – 0 . 1 0 FA R 0. 1 0 – 0 . 3 5 FA R 0. 1 0 – 0 . 3 5 FA R 0. 3 5 – 3 . 0 0 FAR 1.5 -3.00 FAR 0.10-3.00 FAR N/A 0-0.10 FAR 0-0.10 FAR 0-0.10 FAR Ty p i c a l Im p l e m e n t i n g Zo n i n g C- N C C - G C - R S p e c i f i c P l a n O - L O - H I M U M U M U D M U PT M U ACSP DA-3 SP SP OS PR SP OS PR SP N o t e s : In a d d i t i o n t o t h e t y p i c a l z o n i n g d e s i g n a t i o n s l i s t e d a b o v e , o t h e r z o n e s m a y b e s u b s t i t u t e d f o r t h e t y p i c a l i m p l e m e n t a t i o n z o n e s, p r o v i d e d t h a t t h e o v e r a l l d e n s i t y r a n g e s e s t a b l i s h e d b y t h e G e n e r a l P l a n a r e n o t e x c e e d e d . A d d i t i o n a l l y , o t h e r S p e c i f i c P l a n s or Overlay Zo n e s m a y a p p l y , w h i c h c o u l d f u r t h e r r e s t r i c t m a x i m u m d e n s i t i e s . F o r a l l o w a b l e d e n s i t i e s w i t h i n S p e c i f i c P l a n a r e a s , p l e a s e r e fe r t o t h e a p p l i c a b l e S p e c i f i c P l a n . Si n c e a l l o w a b l e u s e s w i t h i n t h e I n s t i t u t i o n a l l a n d u s e d e s i g n a t io n v a r y s i g n i f i c a n t l y ( e . g . , o f f i c e s , t r a n s p o r t a t i o n f a c i l i t i e s , l i b r a r i e s , c o m m u n i t y c e n t e r s , f i r e s t a t i o n s , e t c . ) , t h e F A R f o r t h e I n s t i t u t i o n a l d e s i g n a t i o n a l s o v a r i e s s i g n i f i c a n t l y . du / a c = d w e l l i n g u n i t s p e r g r o s s a c r e F A R = F l o o r A r e a R a t i o RH = S i n g l e - F a m i l y H i l l s i d e R e s i d e n t i a l R S = S i n g l e - F a m i l y R e s i d e n t i a l R M = M u l t i p l e - F a m i l y R e s i d e n t i a l C- R = R e g i o n a l C o m m e r c i a l C - G = G e n e r a l C o m m e r c i a l C - N C = N e i g h b o r h o o d C e n t e r C o m m e r c i a l O - L = L o w I n t e n s i t y O f f i c e Z o n e O - H = High Intensity Office Zone I = Industrial (D M U ) = D o w n t o w n M i x e d U s e O v e r l a y Z o n e ( M U ) = M i x e d U s e O v e r l a y Z o n e T = T r a n s i t i o n Z o n e S P = S e m i - P u b l i c Z o n e O S = O p e n S p a ce Zone PR = P u b l i c R e c r e a t i o n Z o n e ( S C ) = S c e n i c C o r r i d o r O v e r l a y Z o n e Formatted Table C I T Y O F A N A H E I M Pa g e L U - 1 6 | M a y 2 0 0 4 T h i s p a g e i n t e n t i o n a l l y l e f t b l a n k LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-17 Figure LU-5 Areas of the City with Special Density Limitations CITY OF ANAHEIM Page LU-18 | May 2004 This page intentionally left blank LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-19 TABLE LU-4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY Location General Plan Land Use Designations Permitted Density The Mountain Park Area Low Medium Hillside Density Residential (Up to 6 du/ac) Low Medium Density Residential (Up to 16 du/ac) 485 2,015 (Up to 2,500 dwelling units) Area “A” (Parcel Map 94-205) Low-Medium Density Residential Up to 140 dwelling units The Disneyland Resort Specific Plan (SP 92-1) Area Commercial Recreation See Note No. 1 on next page. The Anaheim Resort Specific Plan (SP 92-2) Area Commercial Recreation See Note No. 2 on next page. Hotel Circle Specific Plan (SP 93-1) Area Commercial Recreation The Hotel Circle Specific Plan allows for a master planned hotel project including up to 969 hotel rooms and integrated guest oriented amenities including full-service restaurants, conference room/banquet facilities, pool and spa areas, tour bus/shuttle facilities, and pedestrian promenades and plaza areas with comprehensive landscaping. The Platinum Triangle Area Mixed-Use Residential Commercial Office Institutional Office High and Office Low Institutional Industrial Open Space 17,501 dwelling units 4,782,243 square feet 9,180,747 square feet 1,500,000 square feet 4,309,486 square feet* 3.0 FAR 0.5 FAR 0.1 FAR * The maximum FAR for properties designated Office- Low is 0.5; the maximum FAR for properties designated Office-High is 2.0. The Stonegate Development Area Low Density Residential Up to 35 dwelling units CITY OF ANAHEIM Page LU-20 | May 2004 TABLE LU-4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY (CONTINUED) Note No. 1: The Disneyland Resort Specific Plan provides for the development of an approximate 489.7 acre international multi-day vacation designation resort including ongoing modifications to the Disneyland theme park, the development of a new theme park, additional hotels and entertainment areas, administrative office facilities, new public and private parking facilities, and an internal transportation system. This development is within five planning Districts (Theme Park, Hotel, Parking, Future Expansion and District A) and a C-R Overlay, which allows development within the Overlay to either be consistent with the underlying Resort District or subject to the same land uses as in the Anaheim Resort Specific Plan No. 92-2 Zone. The Disneyland Resort Specific Plan also identifies maximum development density designations for hotel/motel development in the Hotel District (up to 5,600 hotel rooms for the entire District with up to 1,000 hotel rooms transferable to the Theme Park District), in District A (the maximum number of units permitted would be 75 hotel/motel rooms per gross acre or 75 hotel/motel rooms per parcel existing on June 29, 1993, whichever is greater) and the C-R Overlay (the maximum number of units permitted on a parcel would be the following: 1) for parcels designated Low Density – up to 50 hotel rooms per gross acre or 75 rooms, whichever is greater; and 2) for parcels designated Medium Density – up to 75 hotel rooms per gross acre or 75 rooms, whichever is greater; provided that for those parcels that are developed with hotel/motel rooms which exceeded the maximum density designation, the number of rooms existing on the date of adoption of The Disneyland Resort Specific Plan Ordinance may be rebuilt or modified at their existing density.) It should be noted that accessory uses may be developed as well as other visitor-serving commercial/retail and restaurant uses along with these hotel/motel uses. The Disneyland Resort Specific Plan also provides for the development of the Anaheim GardenWalk project pursuant to the Anaheim GardenWalk Overlay at the following density and subject to the approval of Conditional Use Permit No. 4078, as amended, to permit the following: up to 590,265 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center, and 4,800 parking spaces. The Anaheim GardenWalk Overlay encompasses District A and the portion of the Parking District (East Parking Area)/CR Overlay south of Disney Way. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-21 TABLE LU-4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY (CONTINUED) Note No. 2: The Anaheim Resort Specific Plan (ARSP) provides for the development of approximately 581.3 acres within The Anaheim Resort. The ARSP is divided into two development areas. Development Area No. 1 is referred to as the C-R (Commercial Recreation) District which allows for hotels, motels, convention and conference facilities, as well as restaurants, retail shops and entertainment facilities. Development Area No. 2 is referred to as the PR (Public Recreation) District which encompasses the Anaheim Convention Center and associated parking facilities and provides for the orderly use of City-owned property as well as the existing Anaheim Hilton Hotel. The C-R District includes two overlays. The Mobilehome Park (MHP) Overlay, which encompasses existing mobilehome parks within the C-R District, provides development standards for mobilehome parks and regulations and procedures to mitigate relocation concerns and adverse effects of displacement upon mobilehome owners when a park is converted to another land use. The Anaheim Resort Residential Overlay, which applies to focused areas of the Specific Plan, provides for the incorporation of residential uses into hotel developments when such uses are fully integrated into a minimum 300-room full-service hotel. The Anaheim Resort Specific Plan also identifies maximum development density designations in the C-R District. These designations are based upon hotel/motel development and allow up to 20% of each hotel/motel project gross square footage, excluding parking facilities, to be developed with integrated (i.e., included within the main hotel/motel complex) accessory uses. These accessory uses will reduce the otherwise maximum permitted hotel/motel density at the rate of one hotel/motel room per six hundred (600) gross square feet of accessory use. For properties proposed to be developed with permitted and conditionally permitted uses other than hotels/motels with accessory uses, the traffic generation characteristics of said uses shall not exceed those associated with the otherwise permitted hotel/motel (including accessory uses) density as determined by the City Traffic and Transportation Manager prior to Final Site Plan review and approval. The maximum development density for each of the designations are as follows:  Low Density: up to 50 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater;  Low-Medium Density: up to 75 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater;  Low-Medium Density (Modified): up to 252 rooms and 75,593 square feet of accessory uses;  Medium Density: up to 100 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; and,  Convention Center (CC) Medium Density: up to 125 rooms per gross acre with trip generation characteristics mitigated to the equivalent of 100 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater. For those parcels that are developed with hotel/motel rooms which exceed the maximum density designation, the number of rooms existing on the date of adoption of the Anaheim Resort Specific Plan Ordinance may be rebuilt or modified at their existing density. For projects that are developed in accordance with the Anaheim Resort Residential Overlay, the maximum number of dwelling units allowed shall be less than the number of hotel rooms proposed and such projects shall not create infrastructure impacts greater than the subject property’s permitted hotel/motel density, as permitted by the property’s underlying C-R District density designation unless otherwise mitigated through subsequent environmental analysis. The maximum development density for the PR District is up to:  2,158,363 square feet of convention center/meeting space  100,000 square feet of outdoor programmable space  2,500 hotel rooms  180,000 square feet of commercial space CITY OF ANAHEIM Page LU-22 | May 2004 This page intentionally left blank LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-23 Residential Designations Anaheim offers a wide range of housing densities and products to meet the demand of current and future residents with varying lifestyles. In addition to the characteristics described below, it should be noted that other uses may also be allowed in residential areas such as schools, parks, child care facilities, and other public/institutional uses that are determined to be compatible with and oriented towards the needs of the immediate neighborhood. Estate (0-1.5 dwelling units per acre) The Estate Density Residential designation provides for the development of large-lot single-family residences with a custom character. This category is typically implemented by the RH-1(SC) and RH-2(SC) zones. Typical development consists of single-family lots of 22,000 to 43,560 square feet. The permitted density range is from zero up to 1.5 dwelling units per gross acre. This land use designation is limited to the Hill and Canyon Area. Low Density (0-6.5 dwelling units per acre) The Low Density Residential designation provides for the development of conventional single-family detached houses. It is implemented by the RS-1, RS-2, RS-3 and RH-3 zones. Typical development consists of single-family lots of 5,000 to 10,000 square-feet. The permitted density range is from zero up to 6.5 dwelling units per gross acre. Over half of all residential land in Anaheim is designated as Low Density Residential. Low-Medium Hillside (0-6.0 dwelling units per acre) The Low-Medium Hillside Density Residential designation provides for the development of both attached and detached single-family homes in hillside areas. The permitted density range is from zero up to 6 dwelling units per gross acre. Although the maximum density is similar to the Low Density Residential designation, the character of development can vary significantly. Lot sizes in these areas are typically smaller, having typical minimum lot sizes of less than 5,000 square-feet, due to the sloping topography and associated reduction in developable area. Development within this designation is often “clustered” in order to reduce site grading while maximizing the preservation of open space. The Low-Medium This home in the Hill and Canyon Area is a typical example of the Estate Density Residential Land Use Designation. This single-family home is reflective of the Low Density Residential Land Use Designation. This group of single-family homes is reflective of the Low Medium Hillside Density Residential Land Use Designation. CITY OF ANAHEIM Page LU-24 | May 2004 Hillside Density Residential designation is implemented by the RS-3(SC), RS-4(SC) and RM- 2(SC) zones. Low-Medium Density (0-18.0 dwelling units per acre) The Low-Medium Density Residential designation provides for a wide range of residential uses, including detached, small-lot single-family homes, attached single-family homes, patio homes, zero lot line homes, duplexes, townhouses, and mobile home parks. This category is implemented by the RS-4, RM-1, RM-2, and RM-3 zones. The permitted density range is from zero up to 18 dwelling units per gross acre. Mid Density (0-27.0 dwelling units per acre) The Mid Density Residential designation provides for a wide range of residential uses, including detached, small-lot single-family homes, attached single-family homes, patio homes, zero lot line homes, duplexes, and townhouses. This category is implemented by the RM-1, RM-2, RM-3, and RM-3.5 zones. The permitted density range is from zero up to 27 dwelling units per gross acre. Medium Density (0-36.0 dwelling units per acre) The Medium Density Residential designation is intended to provide a quality multiple-family living environment with design amenities, such as private open space or recreation areas, business services, swimming pools, etc. This category is typically implemented by the RM-3, RM-3.5, and RM-4 zones. The permitted density range is from zero up to 36 dwelling units per gross acre. Typical development includes apartment complexes. These townhomes in the Anaheim Colony are one example of the many varieties of residential types that can be built in the Low- Medium Density designation. The Medium Density designation is intended for the development of quality, multiple-family housing that is attractively designed and scaled to contribute to the neighborhood. Formatted: Space Before: Auto, After: Auto Formatted: Heading 7, Space Before: Auto, After: Auto LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-25 Corridor Residential (0-13.0 dwelling units per acre) The Corridor Residential designation is intended to provide for single-family attached housing fronting on arterial highways and incorporating a rear access drive or service alley. For projects with sufficient depth, this designation may also incorporate single-family detached housing located behind the attached product. This designation is intended to provide for housing opportunities along the City’s arterial corridors. This category is implemented by the RM-1 zone. The permitted density range for Corridor Residential is from zero up to 13.0 dwelling units per gross acre. The Corridor Residential designation provides for single-family housing opportunities along Anaheim’s arterial corridors. CITY OF ANAHEIM Page LU-26 | May 2004 Commercial Designations Neighborhood Center (0.35 - 0.45 FAR) The Neighborhood Center designation is intended to serve the surrounding residential neighborhood or cluster of surrounding residential neighborhoods. For those serving the surrounding neighborhood, Neighborhood Center uses could provide uses such as neighborhood- serving food markets, drug stores, restaurants, small hardware stores, child care centers, health clubs, and other retail and professional uses. Neighborhood Center areas that serve a cluster of neighborhoods could incorporate a mix of commercial uses including the uses identified above plus large grocery stores, appliance stores, neighborhood-serving restaurants, bakeries, banks, specialty shops, and some low intensity civic uses. Neighborhood Center projects should be compatible in scale and design with adjacent residential areas, and should be designed to encourage pedestrian usage. The Neighborhood Center designation is not intended to encourage strip commercial development or large, regionally-serving, retail uses. Regional Commercial (0.30 - 0.50 FAR) Regional Commercial areas serve a larger area than Neighborhood Centers and include regional-serving commercial uses. Allowable uses could include large department stores, specialty stores, theaters, and restaurants. The Regional Commercial designation also allows for limited professional offices. The Anaheim Plaza and Anaheim Festival shopping centers are examples of such uses. General Commercial (0.25 - 0.50 FAR) General Commercial land uses include a variety of land uses, including those identified in the Neighborhood Center designation. Areas designated as General Commercial may, but do not necessarily, serve the adjacent neighborhood or surrounding clusters of neighborhoods. In addition to some of the uses described in the commercial centers, they typically include highway-serving uses such as fast food The General Commercial designation provides for a wide variety of commercial uses, including automobile sales. The Festival, located in the Hill and Anaheim Canyon Area, is one of Anaheim’s prominent Regional Commercial centers. This commercial development, located at the southwest corner of Lincoln Avenue and Gilbert Street, provides an example of a Neighborhood Commercial center. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-27 restaurants, auto-oriented uses such as tire stores, service stations, auto parts stores, and other stand-alone retail uses. Commercial Recreation The Commercial Recreation land use designation applies to The Anaheim Resort. The designation is intended to provide for tourist and entertainment-related industries, such as theme parks, hotels, tourist-oriented retail, movie theaters, and other visitor-serving facilities. Due to the importance of maintaining the Anaheim Resort area for visitor-serving uses, residential uses are only conditionally permitted in limited areas of the Anaheim Resort Specific Plan area as provided by and in accordance with the Anaheim Resort Residential Overlay (Anaheim Municipal Code Section 18.116.125) in effect as of March 19, 2007 (relating to residential uses fully integrated into full-service hotels having at least 300 hotel rooms), and are also permitted as provided by and in accordance with the Mobile Home Park Overlay (Anaheim Municipal Code Chapter 18.26) in effect as of March 19, 2007. The Commercial Recreation designation is implemented by various Specific Plan Zones in The Anaheim Resort, which further define the maximum development activity. Recognizing that the presence of non visitor-serving uses such as residential uses, in the Anaheim Resort would be incompatible with the overall goals relating to the Anaheim Resort and the Commercial Recreation designation, no residential uses other than (i) those permitted in limited areas of the Anaheim Resort Specific Plan area as provided by and in accordance with the Anaheim Resort Residential Overlay (Anaheim Municipal Code Section 18.116.125) in effect as of March 19, 2007 (relating to residential uses fully integrated into full-service hotels having at least 300 hotel rooms), and (ii) those permitted as provided by and in accordance with the Mobile Home Park Overlay (Anaheim Municipal Code Chapter 18.26) in effect as of March 19, 2007, shall be permitted in the Anaheim Resort area without (i) completion of an Environmental Impact Report prepared in accordance with the requirements of the California Environmental Quality Act (ii) completion of a long-term economic impact analysis of the proposed change by an independent financial advisor retained by the City, (iii) approval by the City Council, and (iv) approval by a majority of voters of the City of Anaheim at a regularly-scheduled municipal election. Downtown Disney in The Anaheim Resort provides dining and shopping opportunities for visitors. CITY OF ANAHEIM Page LU-28 | May 2004 Office Designations Office-Low (0.40 – 0.50 FAR) The Office-Low land use designation allows for a variety of small-scale office uses, including local branches of financial institutions, legal services, insurance services, real estate, and medical or dental offices and support services. The Office-Low designation is intended to facilitate office development of up to three stories in height. Areas designated as Office-Low can develop as stand-alone projects or within a business park setting. Office-High (0.50 – 2.00 FAR) The Office-High designation is intended for higher density office uses that have at least four stories. Office-High uses are focused in areas planned for more concentrated urban development such as The Platinum Triangle, key locations along transit routes, major intersections, or in close proximity to significant activity centers. Typical uses would include national or regional offices for financial institutions, Fortune 500 companies, and medical-related office complexes. Industrial Designations Industrial (0.35-0.50 FAR) The Industrial land use designation allows for a wide variety of industrial-related uses, including research and development uses, technology centers, corporate and support office uses; business parks, assembly and light manufacturing, repair and other service facilities; warehousing and distribution centers; and, limited, employee-serving retail uses. The Office Low designation provides for a variety of low-intensity office uses up to three stories. This Office-High designation is intended to be applied in areas planned for more concentrated urban uses such as the Anaheim Platinum Triangle. The Industrial designation provides for a variety of uses, including research and development, repair services, wholesale activities, distribution centers, and manufacturing. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-29 Mixed-Use Designations Mixed-Use Areas designated as Mixed-Use are designed to function differently from the typical patterns of individual, segregated land uses. Uses and activities are designed together in an integrated fashion to create a dynamic urban environment that serves as the center of activity for the surrounding area. The designation provides opportunities for an integrated mix of residential, retail, service, entertainment and office opportunities in a pedestrian-friendly environment. Because of their more intense, compact nature of development, Mixed-Use areas encourage the use of transit service and other forms of transportation, including pedestrian and bicycle travel. Continuous commercial street frontage on the first and, perhaps, second floors, supported by residential and/or office uses above, is the typical pattern of vertically mixed land use. Uses may also be mixed in a horizontal, or multi-use, pattern. For example, freestanding structures may consist of a single use adjacent to structures with different uses on the same or adjacent parcel. Stand-alone uses within a multi-use project need to be integrated into an overall project design and connected to other adjoining uses by plazas, promenades, and landscaped corridors, and should include common architectural themes and signage. Typical residential uses could include apartments, live-work units, town homes, flats and artist-style lofts. Residential development in these areas emphasizes quality and offers a variety of amenities. Structured parking is an essential component in most-mixed-use developments. The scale, size and mixture of uses in the mixed-use areas vary based upon the character of the surrounding area. Depending upon a project’s location, the Mixed-Use designations is are implemented by one of three Zoning Code districts: the Downtown Mixed-Use Overlay; The Platinum Triangle Mixed-Use Overlay; and, for areas outside of The Platinum Triangle or Downtown areas, the Mixed-Use Overlay Zone. Mixed-Use Mid The Mixed-Use Mid designation is intended to allow flexibility for parcels that could transition from strip commercial uses to residential or a mix of residential, commercial, and office development. They allow residential in either a stand-alone or mixed-use configuration at a density of up to 27 dwelling units per acre and could include live-work units, duplexes and townhouses in a horizontal or vertical mixed-use pattern. Residential development in these areas emphasizes quality and offers a variety of amenities. A mix of commercial uses would continue to allow for a range of community-serving retail, office, and service commercial uses. The non- residential component of mixed-use development is permitted at a maximum floor area ratio of 0.10. The implementing zones are The Downtown Mixed-Use Overlay; The Platinum Triangle The adaptive reuse of the historic Kraemer Building is an example of a vertically mixed-use development, with two floors of office space and four floors of residential lofts above. Formatted: Normal CITY OF ANAHEIM Page LU-30 | May 2004 Mixed-Use Overlay; and, for areas outside of The Platinum Triangle or Downtown areas, the Mixed-Use Overlay Zone. Mixed-Use Medium The Mixed-Use Medium designation is intended to allow flexibility for parcels that could transition from strip commercial uses to residential or a mix of residential, commercial, and office development. They allow residential in either a stand-alone or mixed-use configuration at a density of up to 36 dwelling units per acre. Residential development in these areas emphasizes quality and offers a variety of amenities. A mix of commercial uses would continue to allow for a range of community-serving retail, office, and service commercial uses. The non-residential component of mixed-use development is permitted at a maximum floor area ratio of 0.35. The implementing zones are The Downtown Mixed-Use Overlay; The Platinum Triangle Mixed-Use Overlay; and, for areas outside of The Platinum Triangle or Downtown areas, the Mixed-Use Overlay Zone. Mixed-Use High The Mixed-Use High designation is intended to allow a mix of uses including residential, commercial, services, hotel, and professional office uses in a high-quality environment. The focus of this designation is on creating a pedestrian-friendly environment, including increased connectivity and community gathering spaces. Uses and activities are designed together in an integrated fashion to create a dynamic urban environment. Continuous commercial street frontage on the first and, perhaps, second floors, supported by residential and/or office uses above, is the typical pattern of vertically mixed land use. Uses may also be mixed in a horizontal or multi-use pattern. Stand-alone uses within a multi-use project need to be integrated into an overall project design and connected to other adjoining uses by plazas, promenades, and landscaped corridors, and should include common architectural themes and signage. Typical residential uses could include stacked flats, live-work units, townhouses, and artist-style lofts. Residential development in these areas emphasizes quality and offers a variety of amenities. The residential component of mixed-use development is permitted at a density of up to 60 dwelling units per acre. The non-residential component of mixed-use development is permitted at a maximum floor area ratio of 0.35. The implementing zones are The Downtown Mixed-Use Overlay; The Platinum Triangle Mixed-Use Overlay; and, for areas outside of The Platinum Triangle or Downtown areas, the Mixed-Use Overlay Zone. Mixed-Use Urban Core The Mixed-Use Urban Core designation is intended to allow a mix of uses including residential, commercial, services, hotel, and professional office uses in a high-quality environment. The focus of this designation is on creating a pedestrian-friendly environment, including increased connectivity and community gathering spaces. Uses and activities are designed together in an integrated fashion to create a dynamic urban environment. Continuous commercial street frontage on the first and, perhaps, second floors, supported by residential and/or office uses Formatted: Normal Formatted: Normal Formatted: Normal LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-31 above, is the typical pattern of vertically mixed land use. Uses may also be mixed in a horizontal or multi-use pattern. Stand-alone uses within a multi-use project need to be integrated into an overall project design and connected to other adjoining uses by plazas, promenades, and landscaped corridors, and should include common architectural themes and signage. Typical residential uses could include stacked flats, live-work units, and artist-style lofts. Residential development in these areas emphasizes quality and offers a variety of amenities. The residential component of mixed-use development is permitted at a density of up to 100 dwelling units per acre. The non-residential component of mixed-use development is permitted at a maximum floor area ratio of 3.00. The implementing zones are The Downtown Mixed-Use Overlay; The Platinum Triangle Mixed-Use Overlay; and, for areas outside of The Platinum Triangle or Downtown areas, the Mixed-Use Overlay Zone. Non-Residential Mixed-Use The purpose of the Non-Residential Mixed-Use designation is to encourage a mix of commercial and office uses, but prohibit residential uses in certain areas, where residential uses are not compatible with surrounding land uses. This designation is limited to Anaheim Canyon Specific Plan area. All uses, densities and intensities, other than residential uses, that are permitted by the Mixed-Use designation are allowed within the Non-Residential Mixed-Use designation. Zoning provisions for this designation are included in the Anaheim Canyon Specific Plan (SP- 2015-1). Public and Quasi-Public Facilities Designations Schools The Schools designation identifies existing public and larger, established private schools, including elementary, junior and high schools. Schools designated on the Land Use Plan are either existing facilities or known planned facilities. Future schools may be developed in other land use designations through procedures established in the Zoning Code. Trade schools or other job training facilities may be developed in various non-residential land use areas under the procedures established in the Zoning Code. Institutional (Up to 3.00 FAR) The Institutional designation includes a wide range of public and quasi-public uses, including government offices, transportation facilities, public or private colleges and universities, public utilities, hospitals, large assisted living facilities, community centers, museums and public libraries. To the extent possible, institutional facilities should be clustered in activity centers to support other similar uses and benefit from access to various modes of transportation. CITY OF ANAHEIM Page LU-32 | May 2004 Institutional uses designated on the Land Use Plan are either existing facilities or known planned facilities. Additional uses, including assembly areas and day care facilities, may be developed in other land use designations under the procedures established in the Zoning Code. The maximum floor area ratio reflects the potential for high-rise offices used by governmental or quasi-public agencies. Additional intensity provisions are addressed in the Zoning Code. Railroad Two types of railroad operations serve travelers in Anaheim – passenger rail and commuter rail. The Southern California Regional Rail Authority (SCRRA) and the Orange County Transportation Authority (OCTA) provide commuter rail service via Metrolink while Amtrak provides passenger rail service. In addition, the Burlington Northern Santa Fe (BNSF) and the Southern Pacific Transportation Company (SPTC) provide freight rail service. Railroads are identified on the Land Use Map because of their relationship with adjacent uses. While railroads provide a valuable service by transporting people and goods, they can also impact residential neighborhoods and other sensitive land uses due to the noise and vibration associated with rail activity. Strategies to improve access to these facilities and minimize their potentially negative effects on sensitive uses are addressed in the Circulation and Noise Elements. Intermodal Transportation Center Anaheim is pursuing a major intermodal transportation center in The Platinum Triangle. The intermodal transportation center would fit into the urban, mixed-use environment planned for The Platinum Triangle, providing a multitude of transportation options for residents, employees and visitors of The Platinum Triangle and nearby Anaheim Resort area. The transportation center would be one of three major transportation centers located in Southern California, along with Union Station in Los Angeles and the Ontario International Airport in Ontario. The center would expand existing transportation infrastructure for Amtrak intercity rail, Metrolink commuter rail, Anaheim Resort Transit shuttle service, and vehicular and bicycle modes. Five planned rail and bus services would be added into the hub, providing seamless intermodal access via the planned California-Nevada Super Speed Train, California High Speed Rail, Express Bus and Bus Rapid Transit (BRT) systems. The Institutional designation covers a wide variety of public and quasi-public land uses, such as government offices, hospitals, libraries, museums and the like. Metrolink railroad running through the industrial area of Downtown. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-33 Open Space and Recreation Designations The following open space and recreation land use designations identify Anaheim’s major scenic, wildlife and recreational features on the Land Use Map. Standards for ancillary development within these areas are detailed in the Zoning Code and relevant Specific Plans. A comprehensive set of policies regarding the creation, protection and enhancement of these areas is provided in the Green Element. Open Space The Open Space land use designation includes those areas intended to remain in natural open space; utility easements that will provide recreational and trail access to Anaheim’s residents; heavily landscaped freeway remnant parcels, and land areas surrounding major water features. Parks The Parks designation allows for active and passive recreational uses such as parks, trails, athletic fields, interpretive centers and golf courses. Water Uses The Water Uses designation applies to water bodies, such as the Santa Ana River, lakes, and reservoirs, and other water-related uses such as flood control channels and drainage basins. PLAN OBJECTIVES Several objectives have been developed to guide the future development of Anaheim, including those pertaining to several Community Policy Areas within the City. The following objectives summarize the general land use objectives that guide the development of the Land Use Plan and set the foundation for the Goals and Policies section of this Element. Discussion of Community Policy Areas and their respective goals and policies is found at the end of the Goals and Policies section. It is important to note that many other important and related objectives, such as beautifying Anaheim, keeping Anaheim a safe place, and maintaining high levels of City services, are addressed throughout other Elements of the General Plan. Objective: Plan for and accommodate projected growth The ability to plan for and accommodate the City’s projected growth is key to maintaining a stable, diversified economy, ensuring an adequate transportation system, and enhancing the quality of life for residents. The City uses a wide array of tools, including socioeconomic data, market analysis, infrastructure and transportation impact analyses and other data to help plan for Anaheim’s Future. The use of such tools was an important component in the preparation of this Element. CITY OF ANAHEIM Page LU-34 | May 2004 Objective: Clarify land use designations The Geographic Information System (GIS) based format of the Land Use Plan provides specificity in terms of identifying and understanding the land use designation established for individual properties and gives the City an increased ability to analyze land use patterns and acreage, estimate development projections, and understand potential traffic, infrastructure, environmental and fiscal impacts. The objective is to provide the public with a reliable estimate of the type and intensity of land uses allowed on their property and on surrounding properties and to provide them with a general image of how an area is intended to develop. It is important to note that, in addition to the location and types of density and intensity described in the Land Use Element, policies regarding the quality of future development will be addressed through the Community Design Element and the Anaheim Colony Vision, Principles and Design Guidelines, and the Zoning Code. Objective: Implement the Anaheim Vision through the Land Use Plan In preparing this General Plan, the City, through extensive community input, developed the “Anaheim Vision” which provides the framework for the General Plan. Its introductory statement describes the City’s vision as “… a mosaic of diverse people and thriving unified neighborhoods joined together by beautiful, accessible open spaces and well-landscaped roadways offering enhanced mobility for people and goods; safe place to live, work and play; quality educational opportunities; engaging gathering places; world class entertainment; recreational, spiritual, and cultural amenities available for all; and a variety of economic opportunities for its workforce.” The Land Use Element, together with the other General Plan Elements, strives to implement this vision by:  Providing and enhancing the City’s image by encouraging new residential development along underutilized commercial corridors, concentrating and enhancing commercial uses at strategic intersections; creating new recognizable mixed-use areas, including the Downtown and The Platinum Triangle areas; protecting historic areas and residential neighborhoods from incompatible land uses; and protecting natural and open space resources;  Providing a variety of residential land uses that offer diverse housing opportunities for Anaheim’s equally diverse population;  Providing open space and recreational opportunities in close proximity to neighborhoods;  Reducing traffic impacts and encouraging alternative means of transportation by identifying land uses that are conducive to transit use or that minimize distances between residential, shopping and employment centers thereby encouraging pedestrian or bicycle travel;  Promoting economic development by intensifying development potential in economic centers, identifying new residential development in proximity to these centers, and by ensuring a well-balanced mix of employment related land uses; and LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-35  Preserving the historic character of the Anaheim Colony by limiting higher density land uses in historical, single-family residential neighborhoods. Objective: Preserve the integrity of existing single-family neighborhoods As housing demand and land values continue to rise in Orange County, it is anticipated there will be increasing trends toward higher density residential development. Planning for these trends can be seen as challenging given the objective of preserving the integrity of single-family neighborhoods, the staple of Anaheim’s character. To address these potentially competing objectives, however, the Land Use Plan identifies new areas for infill residential development that can be developed without compromising the integrity of Anaheim’s established single-family neighborhoods. By strategically locating future multiple- family development in appropriate areas coupled with additional guidance provided by the Community Design Element aimed at enhancing the character of single-family neighborhoods and ensuring quality multiple-family development, the Land Use Plan addresses this objective. Objective: Revitalize neighborhood edges Strip malls and stand-alone retail uses line many of the City’s arterial corridors and form the edges of many neighborhoods, particularly in the western half of the City. A number of these neighborhood edges, however, are adjacent to underutilized commercial developments that detract from the image and character of surrounding neighborhoods. The Land Use Element strives to revitalize neighborhood edges by introducing a residential designation, Corridor Residential, to facilitate the conversion of the City’s underutilized commercial areas into housing opportunity sites. Concurrently, specific goals and policies focus commercial uses at key intersections to take advantage of the exposure and accessibility offered by such locations. Objective: Plan land uses that preserve and enhance Anaheim’s economic assets Anaheim enjoys a diversified economic base offering economic opportunities through tourism, entertainment, retail, office and industrial activity. The City is also home to a number of major economic centers, including The Anaheim Resort, The Platinum Triangle, and Anaheim Canyon. These areas represent key economic assets that must be preserved and enhanced for the long- term economic health of the City. The Land Use Element offers a variety of employment generating land uses in these areas to ensure their vitality. In The Anaheim Resort, the Commercial Recreation land use designation reflects the visitor- oriented nature of the area. The plan also extends this designation along Harbor Boulevard, south of Orangewood Avenue, to create a visible, unified entry from the City’s southern border. In The Platinum Triangle, a vibrant mix of higher intensity office, retail and residential land use designations is intended to create an extremely dynamic urban place with well-integrated opportunities for housing, employment, shopping, entertainment and social interaction. The CITY OF ANAHEIM Page LU-36 | May 2004 Platinum Triangle is envisioned to become the economic center of the region with a unique urban appeal and identity. The Land Use Plan enhances Anaheim Canyon’s industrial base with limited, strategically located office and mixed uses that take advantage of the area’s location, visibility and access. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-37 Objective: Ensure compatibility between adjacent land uses One of the primary purposes of land use planning is to ensure compatibility between adjacent land uses. A number of uses, including industrial and commercial, are strategically located in order to reduce the potential for conflict between these uses and residential neighborhoods. Also, as infill development intensifies and the potential for land use conflict arise, the need for strategic land use planning and impact mitigation increases in importance. The Land Use Element distributes land uses to minimize these impacts and, combined with the other General Plan elements and the Zoning Code, the potential for conflict is minimized. Objective: Create dynamic, identifiable places Residents and visitors enjoy communities they consider special, communities that provide a unique identity, create a “sense of place,” enhance social interaction, and foster civic pride. The growing popularity of revitalized downtowns, new mixed-use urban villages and walkable neighborhoods provide ample testimony to this growing desire to create and define special places. The Land Use Plan provides for the creation or enhancement of many such special places. It lays the land use foundation for making Downtown the cultural, historic and civic center of Anaheim and creating an extremely dynamic urban place in The Platinum Triangle, with well-integrated opportunities for housing, employment, shopping, entertainment and social interaction on a scale never before seen in Anaheim. The Land Use Plan alone, however, will not create these dynamic, identifiable places. Special policies related to land use and design are essential to ensuring a high level of quality as these places develop. The Community Policy Areas section of the Element focuses on individual areas of Anaheim, identifies the unique places within each area, and provides policies that foster their development. Furthermore, the Community Design Element provides more detailed goals, policies and guidelines that will help create and enhance the special character of these places. Objective: Take advantage of existing and proposed transit corridors while minimizing traffic impacts Anaheim’s freeway and transportation corridors move thousands of residents, employees and visitors past homes and businesses every day. Accordingly, lands adjacent to these corridors offer improved commercial and employment opportunities due to their visibility and accessibility. The City has recognized these opportunities in the past as evidenced by Anaheim’s established land use pattern. The Land Use Plan continues this trend and seeks to maximize opportunities along these corridors. The Platinum Triangle is a prime example of an area that takes advantage of its multiple transportation opportunities. With excellent freeway access provided by the Santa Ana (I-5) and Orange (SR-57) Freeways and the nearby Garden Grove (SR-22) Freeway, a well-developed circulation network of arterial highways and Metrolink access adjacent to the Angel Stadium of CITY OF ANAHEIM Page LU-38 | May 2004 Anaheim, the area is well-served by various modes of transportation. Taking advantage of these transportation opportunities, as well as the area’s proximity to The Anaheim Resort, the Land Use Plan identifies the area as a major economic center that brings people together in an integrated mix of office, retail, entertainment and residential opportunities. Another example of an area that capitalizes on its transportation opportunities is Anaheim Canyon. The Anaheim Canyon Specific Plan recognizes the area’s history as an important industrial corridor, but it also provides for additional uses that take advantage of its current transportation options. The Plan provides for mixed-use development adjacent to Anaheim Canyon Metrolink Station and identifies office uses in strategic locations along La Palma Avenue. These locations also take advantage of the visibility and access to the Riverside (SR-91) Freeway. LAND USE BUILDOUT ANALYSIS Providing a blueprint for the future development of Anaheim is one of the primary purposes of the General Plan. The Land Use Plan, which includes areas within Anaheim’s sphere-of- influence, identifies 16,519 acres of residential land uses, 659 acres of residential mixed-use land uses, and 5,619 acres of other employment-generating land uses. Assuming a probable intensity for each of the land use designations, the land use plan provides for 137,954 dwelling units (see Table LU-5). Based on a factor of 3.3 persons per household (1.5 per household in mixed-use areas), the estimated build-out population of the Land Use Plan would be 407,463 persons. Of the employment-generating land uses, the land use plan provides for a total of 1,121 acres of Neighborhood, Regional and General Commercial uses, 532 acres of office uses, and 2,684 acres of industrial uses and 707 acres of residential and non-residential mixed mixed-use. Combined these land use designations would generate approximately 228,470 jobs using the probable intensity factors (FARs) for each non-residential land use designation (see Table LU-6). Additional employment opportunities will also be provided by the implementation of the Commercial Recreation land use designation through the Anaheim Resort, Disneyland Resort and Hotel Circle Plans. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-39 TABLE LU-5: RESIDENTIAL BUILDOUT ESTIMATES Land Use Designation Probable Density Acres Dwelling Units Persons per Household Population RESIDENTIAL Estate (0-1.5 du/ac) 1.0 1,246 1,548 3.3 5,108 Low Density (0-6.5 du/ac) 4.0 9,905 38,909 3.3 128,400 Hillside Low-Medium Density (0-6.0 du/ac) 5.0 456 1,589 3.3 5,244 Low-Medium Density (0-18.0 du/ac) 13.0 1,530 17,266 3.3 56,978 Medium Density (0-36.0 du/ac) 24.0 1,960 47,040 3.3 155,232 Corridor Residential (0-13.0 du/ac) 13.0 183 2,379 3.3 7,851 Areas of the City with Special Density Limitations N/a 3,050 2,675 3.3 8,828 Subtotal 18,330 111,406 367,641 MIXED USE Mixed Use (0-100) 40.0 189 7,560 1.5 11,340 Mixed Use – Platinum Triangle N/a 470 18,988 1.5 28,482 Subtotal 659 26,548 39,822 TOTALS 18,989 137,954 407,463 Notes: The number of dwelling units for each designation is calculated by adding the number of existing dwelling units in areas of the City that are not anticipated to change to the number of units that are calculated by multiplying the gross acres of areas that are most likely to change by the probable residential densities. Dwelling units in areas not anticipated to change are the number of dwelling units in areas that are not likely to be further subdivided or areas that have a fixed buildout capacity through a specific plan. These are determined by: 1) adding the number of parcels in areas that are not likely to further subdivide; or 2) by referencing the number of units expected at buildout for areas addressed through specific plans (see Table LU-1 for a list of the City’s specific plans). The Areas of the City with Special Density Limitations, as shown on Figure LU-5 and described in Table LU-4, that are planned for residential development are shown as a separate category on the table and include the following: Area Acres Dwelling Units Low Density Hillside Low-Medium Density Low-Medium Density Mountain Park 3,001 485 2,015 Area A 16 140 Stonegate 33 35 Total 3,050 35 485 2,155 Residential units in the Platinum Triangle, a mixed use area of the City which is also included in the “Areas of the City with Special Density Limitations,” are shown separately in the Mixed Use calculations. CITY OF ANAHEIM Page LU-40 | May 2004 TABLE LU-6: NON-RESIDENTIAL BUILDOUT ESTIMATES Land Use Designation Probable FAR Acres Square Footage Square Feet per Employee Estimated Employees COMMERCIAL Neighborhood Center (0.35-0.45 FAR) 0.35 229 2,610,878 400 6,527 Regional Commercial (0.30-0.50 FAR) 0.40 231 3,023,064 400 7,558 General Commercial (0.25-0.50 FAR) 0.30 661 6,396,786 400 15,992 Office-Low (0.40-0.50 FAR) 0.40 402 5,366,539 285 18,830 Office-High (0.50-2.00 FAR) 1.00 9 392,040 285 1,376 Subtotal 1,532 17,789,307 50,283 INDUSTRIAL Industrial (0.35-0.50 FAR) 0.35 2,550 28,654,857 364-700 53,863 Subtotal 2,550 28,654,857 53,863 MIXED USE Mixed Use (1.5-3.0 FAR) 1.50 237 15,485,580 285-400 45,279 Subtotal 237 15,485,580 45,279 PLATINUM TRIANGLE Mixed Use – Commercial N/a 470 4,795,111 400 11,988 Mixed Use – Office N/a 9,652,747 285 33,869 Mixed Use - Institutional N/a 1,500,000 Varies -- Office High 2.0 50 4,478,356 285 15,714 Office Low 0.5 71 5,486 Industrial 0.5 134 2,918,520 364-700 11,988 Subtotal 812 23,344,734 79,045 THE ANAHEIM RESORT Commercial Recreation 1,078 Subtotal 1,078 OPEN SPACE/RECREATION Parks (golf courses) -- 293 -- -- -- Parks -- 1,133 -- -- -- Open Space -- 1,836 -- -- -- Platinum Triangle Open Space 84 -- -- -- Water Uses -- 1,208 -- -- -- Subtotal 7,617 -- -- -- INSTITUTIONAL Institutional (0-3.00) -- 211 -- Varies -- Platinum Triangle Institutional (0-3.00) -- 3 -- Varies -- Subtotal 211 -- -- -- SCHOOLS Schools -- 1,010 -- -- -- Subtotal 1,010 -- -- -- Notes: The estimated square feet for each designation is calculated by adding the existing building square feet in areas of the City that are not anticipated to change to the gross acres of areas that are most likely to change multiplied by the probable Floor Area Ratios (FAR). LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-41 Goals & Policies The following section describes land use goals and policies that, in conjunction with the Land Use Plan and accompanying density and intensity standards, guide future land development of the City. Goals and policies are divided into two subsections: those that apply Citywide and those that apply to specific Community Policy Areas. In addition to these goals and policies, it is important to note that additional land use direction is provided through other General Plan Elements, the zoning code, and redevelopment plans. CITYWIDE GOALS AND POLICIES Neighborhoods Neighborhoods in Anaheim are a major source of pride for residents and are defined by the quality of their homes, the diversity of their residents, the beauty of their streetscapes, and the availability of and access to, open space and recreation opportunities. Most of the City’s neighborhoods provide a high quality living environment for their residents. As neighborhoods age, however, it is important for the City to proactively create partnerships with residents, apartment owners and other “neighborhood stakeholders” to implement ongoing efforts in preserving the quality of life within neighborhoods. As stated in the Anaheim Vision, “Anaheim is a mosaic comprised of a variety of unique neighborhoods with distinguishable character that, when viewed as a whole, create a strong, positive image.” It is the intent of the Land Use Element and Land Use Plan to supplement on-going land use-related programs, Zoning Code development standards, For The Anaheim Resort/Commercial Recreation land use designation, please refer to the Disneyland Resort, Anaheim Resort and Hotel Circle Specific Plans. Build-out intensities for the Platinum Triangle are based on the maximum intensities described in Table LU-4. CITY OF ANAHEIM Page LU-42 | May 2004 and other General Plan policies to ensure that existing and future neighborhoods are consistent with the Vision. GOAL 1.1: Preserve and enhance the quality and character of Anaheim’s mosaic of unique neighborhoods. Policies: 1) Actively pursue development standards and design policies to preserve and enhance the quality and character of Anaheim’s many neighborhoods. 2) Ensure that new development is designed in a manner that preserves the quality of life in existing neighborhoods. 3) Encourage future development to provide functional public spaces that foster social interaction. 4) Continue to implement the City’s interdepartmental neighborhood improvement efforts in working with neighborhood stakeholders to create and implement long term plans for the most physically and socio- economically “challenged” neighborhoods. Housing Opportunities Growth projections indicate that Anaheim will grow from a population of over 330,000 in 2004 to a population of nearly 400,000 by the year 2030. As the City continues to mature, there will be a need to continue to offer a wide variety of housing opportunities for Anaheim’s increasingly diverse community. Through the General Plan, Anaheim offers a wide variety of housing, including estate homes in the Hill and Canyon Area, suburban single-family neighborhoods throughout the City, as well as a diversity of multiple-family housing neighborhoods. Most of the General Plan policies regarding housing are addressed in the Housing Element. The purpose of the Housing Element is to maintain, preserve, improve and develop a proper balance of housing. The following Land Use Element policies identified in Goal 2.1 are intended to support the goals and policies of the Housing Element and are reflected in the Land Use Plan. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-43 GOAL 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. Policies: 1) Facilitate new residential development on vacant or underutilized infill parcels. 2) Facilitate new residential development in The Platinum Triangle and Downtown. 3) Facilitate the conversion of the City’s underutilized strip commercial areas into new housing opportunity sites. 4) Encourage the development and integration of residential land uses into mixed-use development where appropriate. 5) Encourage a mix of quality housing opportunities in employment-rich and transit accessible locations. 6) Ensure quality development through appropriate development standards and by adherence to related Community Design Element policies and guidelines. Corridors Public perception of a community is often times influenced by the quality and character of a City’s streetscape. While the City continues to pursue a variety of programs aimed at enhancing the appearance of its corridors (e.g. utility undergrounding, landscape improvements, entry monumentation, etc.), additional policies can serve to supplement these efforts. The following goals and policies are not an exhaustive guide to shaping the future of Anaheim’s corridors. Rather, they focus on land use strategies only. Strategies to improve their appearance are found in the Community Design Element; strategies to improve their economic performance are discussed in the Economic Development Element, and policies related to the landscaping of corridors are found in the Green Element. GOAL 3.1: Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations. Policies: 1) Designate existing underutilized mid-block commercial uses for residential development or other alternate land uses, where appropriate. CITY OF ANAHEIM Page LU-44 | May 2004 2) Concentrate commercial uses at key intersections. 3) Ensure quality development along corridors through adherence to established development standards and Community Design Element goals, policies and guidelines. 4) Continue to pursue additional open space, recreation, and landscaping amenities along major transportation routes. GOAL 3.2: Maximize development opportunities along transportation routes. Policies: 1) Where appropriate, designate land adjacent to freeways, proposed Bus Rapid Transit stops and Metrolink stations for employment intensive land uses. 2) Support the development of a Bus Rapid Transit System in the City that provides transit access to commercial and office development opportunities. 3) Encourage and provide incentives for the consolidation of parcels to create development sites that are large enough to support quality development. Compatibility In a diverse City such as Anaheim, with its mix of residential, industrial, office and commercial land uses, achieving land use compatibility can be a delicate process. For instance, unless properly designed and mitigated, a number of uses, including industrial, commercial, and transportation facilities, can have potentially adverse effects upon adjacent residential neighborhoods or sensitive habitat areas. Potential impacts of commercial and industrial development, so important to Anaheim’s economy, must be balanced with the needs of residential neighborhoods. Site planning, orientation of uses on site and buffering between adjacent properties will all be necessary to continue to achieve land use compatibility in Anaheim. Furthermore, the utility easements and roadways that traverse the City can serve as a buffer between otherwise conflicting land uses, and can be used to link areas of the community together. In addition, Anaheim’s multi-modal transportation system, with its obvious benefit of moving people and goods, will need to be carefully managed in order to minimize impacts upon adjacent development. It should be noted that policies related to the integration and buffering of land uses are also incorporated into the Community Design Element. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-45 GOAL 4.1: Promote development that integrates with and minimizes impacts to surrounding land uses. Policies: 1) Ensure that land uses develop in accordance with the Land Use Plan and Zoning Code in an effort to attain land use compatibility. 2) Promote compatible development through adherence to Community Design Element policies and guidelines. 3) Ensure that developers consider and address project impacts upon surrounding neighborhoods during the design and development process. 4) Require new or expanded uses to provide mitigation or buffers between existing uses where potential adverse impacts could occur. 5) Discourage additional multiple-family development in existing single-family neighborhoods. 6) Require landscape and/or open space buffers to maintain a natural edge for proposed private development directly adjacent to natural, public open space areas. Creating Identifiable Places Creating identifiable places where people can gather, shop, socialize and “people watch” is an important ingredient in achieving the Anaheim Vision. Fortunately, identifiable places are emerging throughout the City and will continue into the future. Downtown has witnessed revitalization as the historic, artistic, cultural and civic center of Anaheim; The Anaheim Resort is known throughout the United States and the world for its tourist- related development and convention center; and it is envisioned that The Platinum Triangle will become a thriving live, work and play destination. Land use policies for specific places are addressed in the Community Policy Areas section of this Element. In addition to the Land Use Element policies, the Community Design Element and the Vision, Principles and Guidelines for The Platinum Triangle and the Colony provide extensive policies and guidelines for creating special places. CITY OF ANAHEIM Page LU-46 | May 2004 GOAL 5.1: Create and enhance dynamic, identifiable places for the benefit of Anaheim residents, employees and visitors. Policies: 1) Encourage mixed-use and commercial development that provides: a) Safe, protected places for pedestrians to walk; b) Attractive surroundings; c) Opportunities for social interaction; d) Comfortable places to sit and relax; and e) Interplay between the interior uses of buildings and outdoor activities, such as sidewalk cafes or tastefully designed outdoor merchandise displays. 2) Facilitate the development of residential land uses into mixed-use areas to provide a consumer and employment base for commercial and office uses. 3) Mixed-use and commercial centers should be physically linked with adjacent residential neighborhoods. 4) Promote development that is efficient, pedestrian-friendly, and served by a variety of transportation options. Redevelopment and Revitalization As the City continues to mature and approach build-out, vacant land for new development will be limited and developed areas will continue to mature. Protecting and building upon Anaheim’s assets to capitalize on current and future growth dynamics will require redevelopment and revitalization strategies to enhance existing uses and bring new development to Anaheim. A more thorough discussion of redevelopment as an economic development strategy is addressed in the Economic Development Element. The following goal and policies are focused on land use. GOAL 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. Policies: 1) Continue to provide special incentives and improvement programs (e.g., density bonuses, parking requirement reductions, low interest home improvements loans, Neighborhood Improvement Program, etc.) to LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-47 revitalize residential neighborhoods, major business corridors and employment centers. 2) Promote the assembly of parcels to allow for more efficient development patterns wherever adjacent neighborhoods are not adversely impacted. 3) Continue on-going code enforcement efforts to ensure acceptable property maintenance standards. 4) Continue collaboration with the County of Orange to achieve acceptable development quality within unincorporated land located in Anaheim’s sphere-of-influence. 5) Maintain on-going relationships with businesses, property owners and residents to facilitate quality infill development. Jobs-Housing Relationship Due to the strength of the City’s economic activity centers, Anaheim has become an increasingly “job rich” city. According to the Southern California Association of Governments (SCAG), a jurisdiction that will achieve a jobs-housing ratio of over 1.35 by the year 2025 will generally be considered “job-rich.” Orange County is projected to have a jobs-to-housing ratio of 1.90 in 2025, becoming the greatest job rich subregion. Consistent with that ratio, Anaheim will achieve a projected jobs-to-housing ratio of 1.94 based on the Land Use Plan. The estimated ratio is generally consistent with Orange County Projections-2000 (Center for Demographic Research at California State University at Fullerton), which projects a jobs-to-housing ratio of 2.18 for Anaheim in the year 2030. To address the balance between jobs and housing, the Land Use Plan identifies several strategies, many of which are discussed previously in the Housing Opportunities section and others that are addressed in the Housing Element, to provide more housing opportunities. It is important to note that, given the “built-out” nature of the City, opportunities to address jobs-housing balance are somewhat limited. The Land Use Plan identifies the following areas where opportunities for increased residential development do exist:  The Platinum Triangle. This area, as described later in the Community Policy Areas section of the Land Use Element, is intended to become a dynamic, integrated mix of land uses in an urban, pedestrian-friendly environment. Previous plans for the area also called for a mix of uses, but prohibited residential uses. The General Plan Land Use Plan calls for the inclusion of high-quality, high-density residential uses, in a mixed-use setting, to provide housing opportunities for this core employment area. CITY OF ANAHEIM Page LU-48 | May 2004  Downtown. The Land Use Plan introduces residential uses in a mixed-use setting to the Downtown core area. Residential uses will provide new opportunities for people who are looking to live in a new, safe, pedestrian friendly urban environment where they can gather, recreate and socialize.  Corridor Residential Uses. The Land Use Plan designates several mid-block areas along the City’s arterial streets for residential uses. These are intended to provide new residential opportunities to East and West Anaheim in lieu of underutilized mid-block commercial uses. Residential uses will be carefully designed to integrate with surrounding communities and adjacent commercial areas.  Other Mixed-Use Areas. In addition to the Downtown and Platinum Triangle, the Land Use Plan identifies a handful of other mixed-use areas (e.g., North Euclid Street adjacent to the North Orange County Community College, adjacent to the Anaheim Canyon Metrolink Station, and at the intersection of State College Boulevard and Lincoln Avenue) located along some of the City’s major transportation corridors. These areas will provide for new residential uses in close proximity to employment, retail and/or entertainment opportunities. GOAL 7.1: Address the jobs-housing relationship by developing housing near job centers and transportation facilities. Policies: 1) Address the jobs-housing balance through the development of housing in proximity to local job centers. 2) Develop housing that addresses the need of the City’s diverse employment base. 3) Promote new residential development within Downtown, The Platinum Triangle, and other mixed-use districts, in accordance with the Land Use Plan. 4) Continue to pursue infill residential development opportunities at mid-block locations along the City’s arterial streets as an alternative to underutilized commercial land uses. For a comprehensive discussion of design policies and guidelines relating to The Platinum Triangle, Downtown, Corridor Residential Uses and other mixed-use areas, please refer to the Community Design Element. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-49 COMMUNITY POLICY AREAS As stated in the Anaheim Vision, Anaheim is “a mosaic of diverse people and thriving unified neighborhoods.” This section of the Land Use Element provides goals and policies focused towards individual neighborhoods or areas of the City. As part of the Land Use Element, these policies focus on land use issues. Together with the other Elements of the General Plan and the Zoning Code, and ongoing neighborhood and capital improvement programs, these goals and policies will help create, preserve and enhance these community policy areas. The Hill and Canyon Area Since the 1960s, the Hill and Canyon Area has become home to thousands of hillside residents and one of Orange County’s most desired communities. Scenic views, well- planned residential development, access to a variety of natural, scenic and recreational resources like the Santa Ana River, Deer Canyon Park Preserve and the Anaheim Hills Golf Course, all contribute to the sense of pride felt by area residents. The General Plan seeks to preserve those characteristics that make the Hill and Canyon Area a special place and to provide current and future residents with adequate community services and facilities. It is further intended to encourage and maintain living areas which preserve the amenities of hillside living and retain the overall lower density, semi-rural, uncongested character of the Santa Ana Canyon Area. The area is also home to the Mountain Park Specific Plan area, located in Gypsum Canyon south of the Riverside (SR-91) Freeway. This development will provide a mix of residential uses; one school site; one neighborhood park site; and approximately 2,100 acres of open space. CITY OF ANAHEIM Page LU-50 | May 2004 GOAL 8.1: Preserve natural, scenic and recreational resources; continue to ensure residential neighborhoods are safe, well-maintained, places to live; and continue to provide necessary community services and facilities. Policies: 1) Encourage the preservation of scenic vistas and views through Green Element Policies and Zoning Code development standards. 2) Use existing utility line easements for open space and/or trail connections (enhance with landscaping where feasible). 3) Provide adequate passive and active park and recreational resources through the goals and policies of the Green Element. 4) Ensure quality development through the policies and guidelines of the Community Design Element and Zoning Code development standards. 5) Maintain and upgrade conditions of existing commercial areas to ensure that they remain competitive with commercial facilities located outside the City. 6) Continue to work with Caltrans and OCTA to protect residential neighborhoods from bypass traffic impacts associated with congested conditions on the Riverside (SR-91) Freeway. West Anaheim Generally encompassing all of the areas located west of Euclid Street, West Anaheim is home to a variety of residential neighborhoods and commercial areas. Many of the residential neighborhoods continue to thrive as evidenced by their upkeep and strong resident pride. As the area’s housing stock and commercial areas continue to age, the need to revitalize portions of West Anaheim has grown. In response, the City has designated much of West Anaheim, particularly along its commercial corridors, as a redevelopment project area. Efforts to improve West LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-51 Anaheim have included City-initiated commercial and residential redevelopment projects, extensive outreach with West Anaheim stakeholders, detailed market studies, corridor landscape programs, and neighborhood improvement programs, among others. The General Plan and Land Use Plan recognize these efforts and provide comprehensive policies to strengthen the character and image of West Anaheim. GOAL 9.1: Establish and maintain a uniquely identifiable well-balanced community that is an attractive and safe place to live, work, visit, learn and retire, supported by quality, family- oriented neighborhoods and businesses. Policies: 1) Revitalize neighborhoods targeted through the City’s Neighborhood Improvement Program consistent with approved improvement plans. 2) Consolidate retail development into premium locations and replace declining mid-block commercial areas with residential and community-serving civic uses. 3) Develop the former Lincoln Landfill into a vibrant commercial center. 4) Provide recreation, bicycle and pedestrian circulation opportunities on powerline easements (e.g., the easement running north-south between Magnolia Avenue and Dale Street). 5) Maintain and enforce development standards and Community Design Element policies and guidelines that promote high quality development. 6) Continue to improve the local streetscape to enhance economic viability of the area, including the implementation of the Lincoln Avenue Master Landscape Plan. 7) Preserve single-family neighborhoods and encourage residential development that promotes home ownership. North Euclid Street Generally located on both sides of Euclid Street between the Riverside (SR-91) Freeway to the north and the Santa Ana (I-5) Freeway to the south, the north Euclid Street area serves as a major gateway into the City. Euclid Street and La Palma Avenue serve as the primary transportation spine and frame several multiple-family and single-family neighborhoods. CITY OF ANAHEIM Page LU-52 | May 2004 Established in 2002, the North Orange County Community College District’s Anaheim Campus is located here, just north of La Palma Avenue and west of Euclid Street. The College provides a variety of educational opportunities for Anaheim’s residents and workforce. As Anaheim’s only public college, the campus draws a variety of the City’s residents and employees, as well as those from surrounding communities, and serves as a potential catalyst for future development. GOAL 10.1: Create new development opportunities that work synergistically with the North Orange County Community College and that enhance the area’s image as a City gateway. Policies: 1) Promote uses around the North Orange County Community College site that maximize the school’s potential as an activity center that draws students and employees to the area. 2) Intensify professional office uses and commercial uses near the intersection of Euclid Street and La Palma Avenue. 3) Encourage mid-block residential development along Euclid Street and La Palma Avenue as an alternative to aging strip commercial development. 4) Pursue the development of a new park site in the North Euclid Street area near the community college site to provide a recreational amenity for surrounding neighborhood residents, future students and faculty, and the employees generated by the intensification of commercial and office uses at the intersection of La Palma Avenue and Euclid Street. 5) Ensure quality development and enhance the image of the North Euclid Street area through Zoning Code development standards and implementation of Community Design Element policies and guidelines. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-53 East Anaheim East Anaheim is home to several single- and multiple-family neighborhoods. Like West Anaheim, many neighborhoods continue to thrive, but some neighborhoods and commercial areas have experienced a decline in vitality and appearance. The Land Use Plan encourages a mix of residential uses along State College Boulevard and Lincoln Avenue to stimulate quality residential development at mid-block locations and retail opportunities at key intersections. In addition, the Land Use Plan provides for a new, pedestrian-friendly, mixed-use neighborhood at the northwest corner of State College Boulevard and Lincoln Avenue, as an alternative to existing land uses. GOAL 11.1: Preserve and enhance the character of East Anaheim neighborhoods and revitalize aging multiple-family residential neighborhoods and commercial areas. Policies: 1) Revitalize multiple-family neighborhoods targeted through the Neighborhood Improvement Program. 2) Ensure quality development and enhance the area’s image through Zoning Code standards and Community Design Element policies and guidelines. 3) Convert underutilized commercial development along Lincoln Avenue and State College Boulevard to a mix of residential land uses. 4) Expand the City park adjacent to Lincoln School to create an enhanced open space amenity along Lincoln Avenue. 5) Pursue landscaping and entryway treatments along Lincoln Avenue between East Street and the eastern City limits. 6) Convert oil well sites along Jackson Avenue into infill housing sites. CITY OF ANAHEIM Page LU-54 | May 2004 7) Develop strategies to improve the commercial center at the northeast corner of Rio Vista Street and Lincoln Avenue. 8) Develop land assembly and circulation improvement strategies and incentives to facilitate mixed-use development at the intersection of State College Boulevard and Lincoln Avenue pursuant to the Land Use Plan. North Central Industrial Area Generally located between Harbor Boulevard and Raymond Avenue, straddling the Riverside (SR-91) Freeway, the North Central Industrial Area is an older, established industrial area and is adjacent to a residential neighborhood located north of La Palma Avenue, west of Olive Street. In an effort to improve the area, the City adopted the North Central Industrial Area Redevelopment Plan in . Older heavy industrial uses in the area have gradually transitioned to lighter, cleaner industrial uses. Addressing compatibility issues between established residential and industrial uses will remain a priority for the area. The potential for the continued expansion of La Palma Park will provide the City with an opportunity to provide surrounding residential neighborhoods with added park and recreational facilities. The Land Use Plan also identifies a mixed-use area along La Palma Avenue to take advantage of future transit opportunities. GOAL 12.1: Encourage the on-going transition of the North Central Industrial Area into a high- quality light industrial area that is sensitive to adjacent residential neighborhoods. Policies: 1) Pursue various neighborhood improvements (e.g., continued undergrounding of utility lines, continuous sidewalks and links to nearby retail centers and transit stops, additional landscaping along arterial streets, enhanced entryways into neighborhoods, etc.) to improve the livability of existing residential areas. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-55 2) Encourage the on-going transition of heavy industrial uses to “cleaner” light industrial uses pursuant to the Zoning Code and General Plan land use designations. 3) Require development standards that provide adequate physical buffers between existing residential uses and expanded or future industrial uses. 4) Support OCTA’s efforts to provide enhanced bus service along La Palma Avenue and intensify land uses in close proximity to Bus Rapid Transit stop(s). 5) Preserve the industrial integrity of the area from encroachment of non- industrial uses in areas designated for industrial uses. 6) Explore opportunities to improve pedestrian access to La Palma Park from the adjacent residential community to the east. 7) Continue on-going City efforts to expand La Palma Park. 8) Continue beautification efforts along the Riverside (SR-91) Freeway to reflect the vision for this area as a high-quality light industrial area. The Colony and Downtown Bordered by the original boundaries of the City (North, South, East and West Streets), the Anaheim Colony is home to most of Anaheim’s historic resources, including the original Mother Colony House and a large number of State and nationally designated historic structures. It is also home to the City’s Downtown and Civic Center. As stated in the Anaheim Colony Vision, Principles and Design Guidelines, the Colony and Downtown area serve as the cultural, artistic, historic and civic center of the City. The Land Use Plan encourages the development of Downtown as a mixed-use core that will become one of the most recognizable downtowns in Orange County. Land use CITY OF ANAHEIM Page LU-56 | May 2004 strategies include the introduction of mixed-use development into the Downtown core and the transition of older industrial areas to residential neighborhoods (e.g., the Santa Ana Street corridor). Downtown will be a place where Anaheim residents can gather, shop, work, socialize and recreate. A comprehensive approach to ensuring quality development in the area is provided in the Community Design Element. GOAL 13.1: Continue to enhance Downtown as the cultural, artistic and civic center of Anaheim. Policies: 1) Encourage adherence to the Anaheim Colony Vision, Principles and Design Guidelines for new development in the Colony and Downtown areas. 2) Ensure that Downtown maintains a mix of uses attractive to broad segments of Anaheim’s population and that stimulate activity during day and evening hours, every day of the week. 3) Downtown shall be accessible and connected by multiple modes of transportation including pedestrian, bicycle, transit and automobile. 4) Encourage the preservation and protection of buildings of historical significance. 5) Intensify and revitalize strategically located commercial sites in keeping with the Anaheim Colony Vision, Principles and Design Guidelines. 6) Protect the integrity of historic single-family neighborhoods from incompatible development. 7) Work with homeowners to utilize the Anaheim Colony Historic District Preservation Plan to assist with future home improvements. 8) Replace declining strip commercial areas with residential uses, per the General Plan and Anaheim Colony Vision, Principles and Design Guidelines. 9) Convert Santa Ana Street into a pedestrian-friendly residential neighborhood, including the removal of existing railroad tracks (if feasible). 10) Connect Downtown with The Platinum Triangle using the Olive Street railroad right-of-way for pedestrian, bicycle, and/or transit use. 11) Continue to improve aging multiple-family neighborhoods through the Neighborhood Improvement Program. The Anaheim Colony Historic District Preservation Plan, with basic guidelines, encourages property owners to take special care in preserving, protecting, or enhancing historic buildings. Homeowners are encouraged to undertake any alterations in accordance with these guidelines, and seek financial assistance, incentives, or preservation resources made available by the City, preservations, and neighbors within the District. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-57 12) Explore opportunities to preserve the orange grove on Santa Ana Street near Harbor Boulevard as a community amenity. 13) Encourage the transition of older industrial areas to residential neighborhoods containing a variety of high quality housing. South Anaheim Boulevard South Anaheim Boulevard serves as the major link between Downtown, The Platinum Triangle and The Anaheim Resort. The City has undertaken a series of beautification efforts to visually enhance the area. Current land uses in the area include a variety of residential, commercial and industrial uses as well as some office uses that complement the adjacent Western Medical Center Hospital. In order to address the area’s revitalization needs, the City adopted a redevelopment plan and the South Anaheim Boulevard Corridor Code Overlay Zone. The Land Use Plan for this area is consistent with the goals of these plans. GOAL 14.1: Establish the South Anaheim Boulevard Corridor as a revitalized commercial and residential area that serves as a link between Downtown, The Platinum Triangle and The Anaheim Resort. Policies: 1) Encourage “Boulevard Housing” and neighborhood residential uses north of Ball Road with neighborhood commercial uses at intersections, pursuant to redevelopment plan and South Anaheim Boulevard Corridor Overlay Zone. 2) Ensure that new development does not compromise the livability of existing residential neighborhoods. 3) Promote land uses that build upon and enhance the nucleus created by Western Medical Center. CITY OF ANAHEIM Page LU-58 | May 2004 4) Promote commercial uses between Ball Road and the Santa Ana (I-5) Freeway that take advantage of freeway accessibility and visibility and proximity to The Anaheim Resort and The Platinum Triangle. 5) Ensure quality development through adherence to applicable Zoning Code development standards and the Community Design Element policies and guidelines. The Platinum Triangle The Platinum Triangle represents an opportunity for the City to create a vibrant, mixed- use regional center unique to Orange County. Served by a multitude of transportation options and home to major regional entertainment facilities like Angel Stadium of Anaheim and the Arrowhead Pond of Anaheim, the area has tremendous visibility and development potential. The vision for The Platinum Triangle includes a dynamic mix of uses and high-density urban housing - integrated by a carefully planned network of pedestrian walkways, streetscape improvements and public spaces - that will create an urban environment of a scale unique to Orange County. The combined attraction of shopping, entertainment, office, residential and recreational uses will provide residents, workers and visitors with one of the most vibrant and exciting urban places in the region. The land use designations assigned to properties within The Platinum Triangle are intended to afford property owners an additional layer of land use options beyond those provided by a property’s underlying zone designation. For example, a property which is zoned and utilized for industrial use but designated “Mixed Use” on the Land Use Plan shall not be restricted from operating, expanding or subdividing in conformance with its underlying industrial zone designation. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-59 GOAL 15.1: Establish The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades. Policies: 1) Continue more detailed planning efforts to guide the future development of The Platinum Triangle. 2) Encourage a regional inter-modal transportation hub in proximity to Angel Stadium of Anaheim. 3) Encourage mixed-use projects integrating retail, office and higher density residential land uses. 4) Maximize and capitalize upon the view corridor from the Santa Ana (I-5) and Orange (SR-57) Freeways. 5) Maximize views and recreational and development opportunities afforded by the area’s proximity to the Santa Ana River. Anaheim Canyon This 2,450-acre business center borders the north side of the Riverside (SR-91) Freeway between Imperial Highway to the east and the Orange (57) Freeway to the west, and is considered a major regional employment center. Its highly visible location and accessibility to both the Inland Empire and Los Angeles County give it an added advantage. The Land Use Plan maintains the industrial/office emphasis throughout the area. The Plan enhances these uses by identifying more intense office uses in close proximity to major transportation facilities and to take advantage of views and access to the Riverside (SR-91) Freeway. The Plan also identifies a major transit-oriented mixed- use node adjacent to the Anaheim Canyon Metrolink Station. CITY OF ANAHEIM Page LU-60 | May 2004 As an ongoing effort to improve the image of the area and stimulate economic development, the City will continue to work with the Orange County Water District to explore opportunities to improve the aesthetics of, and consider alternative uses for, areas along the Santa Ana River and settling/percolation basins. GOAL 16.1: Preserve and project the image of Anaheim Canyon as one of the most prominent business centers in Orange County. Policies: 1) Intensify land uses in close proximity to the Metrolink Station. 2) Facilitate a dynamic mix of uses and create a distinctive employment setting through adherence to policies in the Community Design Element related to Anaheim Canyon. 3) Intensify uses in close proximity to bus stops along La Palma Avenue, a future enhanced bus system route. 4) Improve pedestrian mobility through the addition of sidewalks (e.g., on La Palma Avenue near the Metrolink Station). 5) Take advantage of freeway accessibility and visibility by intensifying office uses along the south side of La Palma Avenue, pursuant to the Land Use Plan. 6) Protect and enhance the integrity and desirability of industrial sites from non-industrial uses. 7) Improve landscaping along the edge of the Santa Ana River and settling basins in cooperation with the Orange County Water District. 8) Work with the Orange County Water District to expand upon the development potential of the water percolation basins located in the area. 9) Ensure quality development through Zoning Code development standards and the Community Design Element policies and guidelines. LAND USE ELEMENT May 2004 City of Anaheim General Plan | Page LU-61 This page intentionally left blank Land Use Plan Figure LU-4 Page LU-13 City of Anaheim General Plan Program Note: Land Use Map includes Anaheim's Sphere of Influence.Adopted: May 25, 2004Revised: December 19, 2017 0 1 20.5 Miles Ho l d e r S t Kn o t t A v e We s t e r n A v e Be a c h B l v d Da l e S t Ma g n o l i a A v e Gi l b e r t S t Br o o k h u r s t S t Mu l l e r S t La Palma Ave Crescent Ave Lincoln Ave Broadway Orange Ave Ball Rd Cerritos Ave Katella Ave Orangewood Ave Chapman Ave Eu c l i d S t Nu t w o o d S t 9t h S t Wa l n u t S t Di s n e y l a n d D r Ha r b o r B l v d Le w i s S t Lo a r a S t St a t e C o l l e g e B l v d Do u g l a s s R d S H a s t e r S t Disney Way Gene Autry Way W e s t S t H a r b o r B l v d A n a h e i m B l v d O li v e S t E a s t S t S o u t h S t V e r m o n t A v e S a n t a A n a S tBroadwayLincolnAve S y c a m o r e S tNorthSt Ball Rd Wagner Ave South St La Palma Ave Romneya Dr Orangethorpe Ave Eu c l i d S t Le m o n S t Ra y m o n d A v e Ha r b o r B l v d Ac a c i a A v e St a t e C o l l e g e B l v d P l a c e n t i a A v e Su n k i s t S t Ri o V i s t a S t Crowther Ave O r a n g e t h o r p e A v e M i r a l o m a A v e L a P a l m a A v e R e d G u m S t K r a e m e r B l v d M ill e r S t T ustinA ve Va n B u r e n S t N L a k e v i e w A v e Ke l l o g g D r Espe ra n z a R dOrangethorpeAve La Palma Ave ImperialHwy S a n t i a g o B l M e a t s A v e I m p e r i a l H w y NohlRanch R d Santa Ana Canyon Rd Fairm ontBlvd C a n y o n R imRd S e r r a n o A v e W eir C a n yonRd O a k C a nyon D r M e t r o li n k B l u e G u m S t Cerritos A v e |ÿ241 |ÿ91|ÿ90 |ÿ55 |ÿ57 |ÿ91 §¨¦5 Romneya Dr A n a h e i m H ill s R d R R R R R R R k ")!(SP Public/Quasi - Public Industrial Industrial Institutional SchoolOpen Space Water Open Space Parks Office High Low Non-ResidentialCommercial Commercial Recreation Neighborhood Center General RegionalR Railroad General Park Location General School Location") !(P S City Boundary Intermodal Transportation Centerk Sphere-of-Influence Medium Density Corridor Mid Density Residential Low Medium Density Low Medium Hillside Density Estate Low Density Mixed-Use Mixed-Use Urban Core Non-Residential Mixed-Use Mixed-Use High Mixed-Use Medium Mixed-Use Mid EXHIBIT "B" [DRAFT] ATTACHMENT NO. 2 - 1 - PC2018-*** RESOLUTION NO. PC2018-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM AMEND CHAPTER 18.06 (MULTIPLE-FAMILY RESIDENTIAL ZONES) AND CHAPTER 18.32 (MIXED USE (MU) OVERLAY ZONE) OF TITLE 18 (ZONING CODE) OF THE ANAHEIM MUNICIPAL CODE (ZONING CODE AMENDMENT NO. 2017-00142) (DEV2017-00075) WHEREAS, pursuant to Chapter 18.76 (Zoning Amendments) of the Anaheim Municipal Code, provisions of Title 18 (Zoning Code) may be amended to implement the General Plan and to enhance and preserve the general welfare by following the procedures set forth in such chapter; and WHEREAS, in 2004, the City comprehensively updated its General Plan. At that time, the Mixed Use land use designation was adopted; and WHEREAS, since the last update to the General Plan, projects have proposed reduced densities, greater variation in the Mixed Use land use designations and a reduction in the minimum lot size, which is currently three acres; and WHEREAS, City staff has also noted a demand for residential development that is greater than 18 dwelling units per acre (Low-Medium Density Residential), but less than 36 dwelling units per acre (Medium Density Residential); and WHEREAS, Zoning Code Amendment No. 2017-00142, will create four new Mixed Use land use designations and a new mid-density residential land use designation for 19 to 26 dwelling units per acre to address the afore-mentioned market demands; and WHEREAS, a copy of Zoning Code Amendment No. 2017-00142 is included in the draft Ordinance, which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, pursuant to Chapter 18.76 of the Zoning Code, the Planning Commission of the City of Anaheim (“Planning Commission”) is required to review and recommend approval or denial of any proposed zoning code text amendments to the City Council of the City of Anaheim (“City Council”); and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on February 21, 2018, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against the proposed zoning code text amendment and related actions, and to investigate and make findings and recommendations in connection therewith; and - 2 - PC2018-*** WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for the proposed zoning code amendment and related actions; and WHEREAS, the Planning Commission finds and determines that the proposed zoning code text amendment and related actions is exempt from the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15061(b)(3), on the basis that there is no possibility that the Zoning Code Amendment No. 2017-00142 may have a significant effect on the; and WHEREAS, the Planning Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find that the proposed zoning code text amendment and related actions enhance and preserve the general welfare. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid determinations, the Planning Commission does hereby recommend City Council approval of the proposed zoning code text amendment to various chapters of Title 18 (Zoning Code) which are set forth in the draft Ordinance, attached to this Resolution as Exhibit A, and made a part hereof. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 21, 2018. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 126559 LM - 3 - PC2018-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on February 21, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of February, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM     EXHIBIT "A” DRAFT CITY COUNCIL ORDINANCE ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.06 (MULTIPLE- FAMILY RESIDENTIAL ZONES) AND 18.32 (MIXED USE (MU) OVERLAY ZONE) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15062(B)(3) BECAUSE THERE IS NO POSSIBILITY THAT THIS ORDINANCE MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. (ZONING CODE AMENDMENT NO. 2017-00142) (DEV2017-00127) WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is exempt from the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15061(b)(3), on the basis that there is no possibility this ordinance may have a significant effect on the environment; and WHEREAS, the City Council determines that this ordinance is a matter of City-wide importance and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. ATTACHMENT NO. 2     NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Subsection .020 of Section 18.06.020 (Intent of Individual Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.06.020 INTENT OF INDIVIDUAL ZONES. The multiple-family residential zones consist of the following. .010 “RM-1” Multiple-Family Residential Zone. The intent of the “RM-1” Zone is to provide an attractive, safe and healthy residential corridor environment along arterial highways, and facilitate the conversion of underutilized strip commercial areas into housing. This zone also encourages planned residential development for attached single-family townhouses with strong street-facing orientation, incorporating a rear access drive or service alley, with a minimum building site area per dwelling unit of three thousand three hundred fifty (3,350) square feet. This zone implements the Corridor Residential land use designation in the General Plan. .020 “RM-2” Multiple-Family Residential Zone. The intent of the “RM-2” Zone is to provide an attractive, safe and healthy environment, with townhouses and other low-rise, attached, single-family units with a minimum building site area per dwelling unit of three thousand (3,000) square feet. This zone implements the Low-Medium Density Residential and Low-Medium Hillside Density Residential land use designations in the General Plan. .030 “RM-3” Multiple-Family Residential Zone. The intent of the “RM-3” Zone is to provide an attractive, safe and healthy environment with multiple-family units with a minimum building site area per dwelling unit of two thousand four hundred (2,400) square feet. This zone implements the Low-Medium Density Residential, Mid Density Residential, and Medium Density land use designations in the General Plan. .035 “RM-3.5” Multiple-Family Residential Zone. The intent of the “RM-3.5” Zone is to provide an attractive, safe and healthy environment with multiple-family units with a minimum building site area per dwelling unit of one thousand six hundred (1,600) square feet. This zone implements the Mid Density Residential and Medium Density land use designations in the General Plan. .040 “RM-4” Multiple-Family Residential Zone. The intent of the “RM-4” Zone is to provide an attractive, safe and healthy environment with multiple-family units with a minimum building site area per dwelling unit of one thousand two hundred (1,200) square feet. This zone implements the Medium Density Residential land use designation in the General Plan. SECTION 2. That Table 6-A (Primary Uses: Multiple-Family Residential Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:       Table 6-A PRIMARY USES: MULTIPLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required RM- 1 RM- 2 RM- 3 RM- 3.5 RM- 4 Special Provisions Residential Classes of Uses Dwellings–Multiple Family C P P P P Subject to § 18.38.100; affordable housing may be developed pursuant to Chapter 18.50 Dwellings–Single- Family Attached C P C C C Dwellings requiring a conditional use permit are subject to § 18.06.160 Dwellings–Single- Family Detached C P P P P (a) Allowed only when combined with single- family attached dwellings within the same project; in the RM-1 Zone, attached housing must be oriented toward any major or primary arterial or (b) one single-family detached dwelling allowed on one legal lot in existence on the effective date of Ord. 5920, using the RS-2 and RS-3 Zone based on lot size Mobile Home Parks N C C C C Residential Care Facilities P P P P P Subject to § 18.36.030.050 Senior Citizen Housing C C C C C Subject to Chapter 18.50 Supportive Housing C P P P P Transitional Housing C P P P P     Note on Table 6-A-Residential Classes of Uses: New Residential Development. All new residential development within 600 feet of any railroad, freeway, expressway, major arterial or primary arterial, as designated by the Circulation Element of the General Plan, is subject to the provisions of § 18.40.090. Non-Residential Classes of Uses Antennas– Broadcasting C C C C C Antennas–Private Transmitting C C C C C Subject to § 18.38.040 Antennas– Telecommunications - Stealth Building- Mounted T T T T T Subject to §§ 18.38.060 and 18.62.020 Antennas– Telecommunications - Stealth Ground- Mounted C C C C C Subject to § 18.38.060 Antennas– Telecommunications - Ground-Mounted N N N N N Automotive–Sales Agency Office (Wholesale) P P P P P Subject to § 18.16.055 for office use only; no on-site storage, display or parking of any vehicle being held as inventory Bed & Breakfast Inns N C C C C Subject to § 18.38.080 Community & Religious Assembly C C C C C Convalescent & Rest Homes N N N N C Day Care Centers C C C C C Educational Institutions–General N N C C C     Golf Courses & Country Clubs N N C C C Group Care Facilities C C C C C Subject to § 18.36.040.070 Oil Production N C C C C Subject 18.38.180 Public Services C C C C C Recreation–Low- Impact C C C C C Recreation– Swimming & Tennis C C C C C Room & Board C C C C C Transit Facilities C C C C C Utilities–Minor C C C C C   SECTION 3. That Table 6-B (Accessory Uses and Structures: Multiple-Family Residential Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:   Table 6-B ACCESSORY USES AND STRUCTURES: MULTIPLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited RM- 1 RM- 2 RM- 3 RM- 3.5 RM- 4 Special Provisions Accessory Dwelling Unit P P P P P Subject to 18.38.015 ; only allowed on properties with an existing single-family residence Animal Keeping P P P P P Subject to § 18.38.030 Antennas–Dish P P P P P Subject to § 18.38.050 (may require conditional use permit) Antennas–P P P P P Subject to § 18.38.050     Receiving Day Care–Large Family P P P P P Subject to § 18.38.140 Day Care–Small Family P P P P P Fences & Walls P P P P P Subject to § 18.46.110; a fence or wall may occur on a lot with or without any other primary use structure Home Occupations P P P P P Subject to § 18.38.130 Landscaping & Gardens P P P P P Subject to Chapter 18.46; this use may occur on a lot with or without any other primary use structure Mechanical & Utility Equipment– Ground Mounted P P P P P Subject to § 18.38.160 Mechanical & Utility Equipment– Roof Mounted P P P P P Subject to § 18.38.170 Parking Lots & Garages P P P P P To serve needs of primary use only Recreation Buildings & Structures P P P P P Short-Term Rentals P P P P P Subject to an administrative use permit as provided in Chapter 4.05 Signs P P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Valet Parking M M M M M Vending Machines P P P P P Shall be screened from view from adjacent non-industrial property and public rights-of-way       SECTION 4. That Table 6-C (Temporary Uses and Structures: Multiple-Family Residential Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:   Table 6-C TEMPORARY USES AND STRUCTURES: MULTIPLE-FAMILY RESIDENTIAL ZONES P=Permitted by Right C=Conditional Use Permit Required N=Prohibited RM- 1 RM- 2 RM- 3 RM- 3.5 RM- 4 Special Provisions Contractor’s Office & Storage P P P P P Subject to § 18.38.105 Real Estate Tract P P P P P The office shall be removed at the end of two (2) years from the date of the recording of the subdivision map, or the sale of the last home, whichever is earlier Real Estate Tract Signs P P P P P Subject to Chapter 18.44 Special Events P P P P P Allowed only for grand openings or a significant remodel; subject to § 18.38.240   SECTION 5. That Table 6-D (Site Area Per Dwelling Unit: Multiple-Family Residential Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:   Table 6-D SITE AREA PER DWELLING UNIT: MULTIPLE-FAMILY RESIDENTIAL ZONES Zone Minimum Lot Area Per Dwelling Unit RM-1 3,350 square feet, but may be modified pursuant to 18.06.160 RM-2 3,000 square feet RM-3 2,400 square feet     RM-3.5 1,600 square feet RM-4 1,200 square feet   SECTION 6. That Table 6-E (Lot Width: Multiple-Family Residential Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 6-E LOT WIDTH: MULTIPLE-FAMILY RESIDENTIAL ZONES Zone Minimum Lot Width RM-1 Subject to 18.06.160 RM-2 70 feet, except that a building permit may be approved for development on any City-approved, existing lot of record having a lesser width, subject to compliance with all other provisions of this title. RM-3 Same as RM-2 RM-3.5 Same as RM-2 RM-4 Same as RM-2 SECTION 7. That Table 6-F (Maximum Structural Height: Multiple-Family Residential Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 6-F MAXIMUM STRUCTURAL HEIGHT: MULTIPLE-FAMILY RESIDENTIAL ZONES Zone Maximum Structural Height RM-1 40 feet; but may be modified pursuant to 18.06.160 RM-2 40 feet; provided, however, that buildings exceeding 40 feet or 3 stories in height may be permitted by conditional use permit. RM-3 40 feet; provided, however, that buildings exceeding 40 feet or 3 stories in height may be permitted by conditional use permit.     RM-3.5 40 feet; provided, however, that buildings exceeding 40 feet or 3 stories in height may be permitted by conditional use permit. RM-4 40 feet; provided, however, that buildings exceeding 40 feet or 3 stories in height may be increased to 4 stories by conditional use permit. SECTION 8. That Table 6-G (Floor Area: Multiple-Family Residential Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 6-G FLOOR AREA: MULTIPLE-FAMILY RESIDENTIAL ZONES Zone Minimum Floor Area for Attached Single-Family, Two-Family, and Multiple-Family Dwellings RM-1 Subject to 18.06.160 RM-2 Studio units: 550 square feet; provided, however, that the number of studio units shall not exceed 20% of the total number of units. One-bedroom units: 750 square feet Two-bedroom units: 950 square feet Three-bedroom units: 1,150 square feet Four-bedroom units: 1,350 square feet RM-3 Studio units: 550 square feet; provided, however, that the number of studio units shall not exceed 20% of the total number of units. One-bedroom units: 700 square feet Two-bedroom units: 825 square feet Three-bedroom units: 1,000 square feet More than a three-bedroom unit: 1,000 square feet, plus 200 square feet for each bedroom over three RM-3.5 Same as RM-3 RM-4 Same as RM-3     SECTION 9. That Table 6-H (Maximum Site Coverage: Multiple-Family Residential Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 6-H MAXIMUM SITE COVERAGE: MULTIPLE-FAMILY RESIDENTIAL ZONES Zone Minimum Structural Height RM-1 50% for residential and accessory structures RM-2 40% for residential and accessory structures RM-3 45% for residential and accessory structures RM-3.5 50% for residential and accessory structures RM-4 55% for residential and accessory structures SECTION 10. That Table 6-I (Minimum Size of Recreational – Leisure Areas: Multiple- Family Residential Zones) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 6-I MINIMUM SIZE OF RECREATIONAL-LEISURE AREAS: MULTIPLE-FAMILY RESIDENTIAL ZONES Zone Minimum Area RM-1 350 square feet for each dwelling unit; amounts may be modified pursuant to § 18.06.160 RM-2 1,000 square feet for each dwelling unit RM-3 350 square feet for each dwelling unit RM-3.5 275 square feet for each dwelling unit RM-4 200 square feet for each dwelling unit SECTION 11. That Subsection .010 of Section 18.06.160 (Residential Planned Unit Development) of Chapter 18.06 (Multiple-Family Residential Zones) of Title 18 (Zoning) of the     Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .010 Residential Planned Unit Development. All development in the “RM-1” Zone and any development in the “RM-3,” “RM-3.5,” or “RM-4” Zones that includes single-family attached and detached dwellings shall be subject to approval by the Planning Commission of an application for a conditional use permit. Except as otherwise specified in this section, the application shall be processed pursuant to Chapter 18.60 (Procedures) and Chapter 18.66 (Conditional Use Permit). Planned Unit Development is defined in Section 18.92.190 (“P” Words, Terms and Phrases) of Chapter 18.92 (Definitions). SECTION 12. That Section 18.32.010 (Purpose) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.32.010 PURPOSE. The purpose of this chapter is to establish the Mixed Use (MU) Overlay Zone. The purpose of the (MU) Overlay Zone is to implement the Mixed Use Mid Density, Mixed Use Medium Density, and Mixed Use High Density General Plan Land Use Designations; and define allowable land uses and property development standards, including intensity of development, for mixed-use areas, in order to produce healthy, safe and attractive neighborhoods within the City of Anaheim, consistent with the policy direction in the Anaheim General Plan. More specifically, the intent of the (MU) Overlay Zone is to accomplish the following objectives: .010 To encourage mixed-use projects that combine residential with non-residential uses in the same building or project area as a means to create an active street life, enhance the vitality of businesses, and reduce the need for automobile travel. .020 To provide additional housing options for people, including but not limited to, young professionals and older people, who want to live near their workplace and/or near retail and other non-residential uses; .030 To encourage mixed-use projects at certain intersections and along certain streets, while simultaneously discouraging commercial-only development in mid-block areas; .040 To ensure on-site compatibility of residential and non-residential uses; and .050 To ensure compatibility of mixed-use projects with surrounding uses and development patterns. SECTION 13. That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:   Table 32-A P=Permitted by Right     PRIMARY USES: MIXED USE OVERLAY ZONE C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited MU Special Provisions Residential Classes of Uses Dwellings–Multiple- Family C 24-hour on-site management is required Dwellings–Single- Family Attached C Senior Citizen Housing C Subject to Chapter 18.50 Supportive Housing C Transitional Housing C Non-Residential Classes of Uses Alcoholic Beverage Sales–Off-Sale C Alcoholic Beverage Sales–On-Sale M/C Permitted with minor conditional use permit if accessory to a primary restaurant use Animal Grooming P Antennas– Telecommunications C Shall be fully screened by the building to which they are attached; subject to § 18.38.060 Automotive-Public Parking M Automotive-Sales Agency Office (Retail) M Automotive–Sales Agency Office (Wholesale) P Subject to § 18.16.055 for office use, only; no on- site storage, display or parking of any vehicle being held as inventory Automotive-Repair & Major Modification N Automotive-Repair & Minor Modification N Bars & Nightclubs C Business & Financial Services P Computer Internet & Amusement Facilities N Convenience Stores C Subject to § 18.38.110     Dance & Fitness Studios–Large C Dance & Fitness Studios–Small P Drive-Through Facilities C Educational Institutions–Business M Entertainment Venue C Hotels & Motels C Markets–Large P Subject to § 18.38.155 Markets–Small P Subject to § 18.38.155 Medical & Dental Offices P Offices P Personal Services–General P Massage subject to § 18.16.070, except massage not permitted within Live/Work Units. Personal Services–Restricted C Recreation–Commercial Indoor C Recreation–Low-Impact P Allowed only as an accessory use to a primary use Repair Services–Limited P Research and Development N Restaurants–General P Subject to § 18.38.220 Restaurants–Outdoor Dining P Subject to § 18.38.220 Retail Sales–General P Retail Sales–Kiosks M Short-Term Rentals P Subject to a short-term rental permit as provided in Chapter 4.05 Transit Facilities C Utilities–Major P Allowed only as an accessory use to a primary     use Wine Bars C   SECTION 14. That Section 18.32.040 (Site Area and Floor Area Ratio) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.32.040 SITE AREA AND FLOOR AREA RATIO. The minimum density is twenty-seven (27) dwelling units per acre, or as determined by conditional use permit. The maximum density for multiple-family dwellings and the minimum floor area ratio for non-residential uses are shown in Table 32 D. SECTION 15. That Table 32-D (Site Area and Floor Area Ration: Mixed Use Overlay Zone) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:   Table 32-D DENSITY AND FLOOR AREA RATIO: MIXED USE OVERLAY ZONE Maximum Density and Floor Area Per the property’s General Plan Land Use Element land use designation   SECTION 16. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 17. CERTIFICATION     The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 18. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2018, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2018, by the following roll call vote:   AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: _________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM   126564 / LM  ATTACHMENT NO. 3    General Plan Amendment No. 2017-00514 and Zoning Code Amendment No. 2017-00142 Development Project No. 2017-00075 SUMMARY General Plan Amendment  Text Amendments    Create four mixed‐use land use designations:  General Plan Designation Residential Non‐Residential  Maximum Dwelling Units/Acre Maximum Floor Area Ratio  Mixed Use Mid 27 0.10  Mixed Use Medium 36 0.35  Mixed Use High 60 0.35  Mixed Use Urban Core 100 3.00   Create a Mid Density (up to 27 du/ac) Residential Designation  Map Amendments    Change the land use designation for properties that are currently designated for by the General Plan for  Mixed Use land use, and are within the DMU and PTMU Overlay Zones, to the Mixed Use Urban Core  land use designation   Change the land use designation for all other properties designated by the General Plan for Mixed Use  land use to the Mixed Use High land use designation.  Zoning Code Amendment    Amend Chapter 18.32 Mixed Use (MU) Overlay Zone to   o Indicate that this Overlay Zone implements the Mixed Use Mid, Mixed Use Medium and Mixed  Used High General Plan land use designations:  o Remove the minimum lot size (currently three acres)  o Indicate that the maximum dwelling units per acre for residential uses and the minimum floor  area for non‐residential uses is per the property’s General Plan Land Use Element Mixed Use  land use designation. An increase in the maximum dwelling units per acre or floor area ratio is  permitted subject to the approval of a conditional use permit in accordance with Chapter  18.66 (Conditional Use Permits) and subject to the requirement that the evidence presented  shows that all of the conditions set forth in Section 18.66.060 exist, as well as the condition that  all potential environmental impacts associated with the proposed use of the structure(s) have  been duly analyzed and mitigated.  o Add “Hotels & Motels” and “Drive‐through Facilities” as conditionally permitted uses, and  “Animal Grooming,” “Markets – Large,” and “Markets – Small” as uses permitted by right.   Amend Chapter 18.06 Multiple Family Residential Zones to create a new zone to implement the Mid  Density Residential General Plan land use designation.  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.