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PC 2019/04/15 City of Anaheim Planning Commission Agenda Monday, April 15, 2019 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners: John Armstrong, Kimberly Keys, Michelle Lieberman, Natalie Meeks, Rosa Mulleady, Dave Vadodaria, Steve White • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Items of Public Interest Oath or Affirmation of Allegiance: Swearing in of Planning Commissioners Natalie Meeks, Rosa Mulleady, Dave Vadodaria and Steve White • Appointments Planning Commission Chairperson and Chairperson Pro-Tempore • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, April 11, 2019, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 04-15-2019 Page 2 of 5 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Items of Public Interest Oath or Affirmation of Allegiance: Planning Commissioners Natalie Meeks, Rosa Mulleady, Dave Vadodaria and Steve White Planning Commission Appointments Appointment of a Planning Commission Chairperson (Motion) Appointment of a Planning Commission Chairperson Pro-Tempore (Motion) Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or provide public comments on agenda items with the exception of public hearing items. 04-15-2019 Page 3 of 5 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2019-06005 PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145 (DEV2019-00015) Location: 2100-2120 East Howell Avenue Request: The applicant requests approval of (i) a conditional use permit to allow a bar with sales of beer and wine for on and off-premises consumption within an existing industrial building; and, (ii) an associated Determination of Public Convenience or Necessity to permit the sale of beer and wine for on and off-premises consumption. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301 (Class 1 Existing Facilities). Resolution No. ______ Resolution No. ______ Project Planner: Scott Koehm skoehm@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 4177A (DEV2018-00145) Location: 1331 North Euclid Street Request: The applicant requests approval of an amendment to a previously-approved Conditional Use Permit to construct a new 4,010 square foot car wash facility for an existing automobile dealership facility (Miller Toyota). Environmental Determination: The Planning Commission will consider whether the proposed project is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15303 (Class 3 New Construction or Conversion of Small Structures). Resolution No. ______ Project Planner: Wayne Carvalho wcarvalho@anaheim.net 04-15-2019 Page 4 of 5 ITEM NO. 4 DEVELOPMENT AGREEMENT NO. 99-01E (DEV2010-00166I) Location: Anaheim GardenWalk Project Site Request: To amend the Development Agreement between the City of Anaheim and Westgate Resorts Anaheim, LLC for the Westgate Timeshare Project within the Anaheim GardenWalk Project to extend the Commencement of Construction date from March 23, 2019 to October 1, 2021. Environmental Determination: The Planning Commission will consider whether the previously approved Mitigated Negative Declaration and subsequent addenda analyzed the environmental impacts of the proposed amendment to the Development Agreement pursuant to the requirements of the California Environmental Quality Act (CEQA) and that no further environmental analysis shall be prepared pursuant to Section 15162 of the CEQA Guidelines. Resolution No. ______ Project Planner: Elaine Thienprasiddhi ethien@anaheim.net ITEM NO. 5 ZONING CODE AMENDMENT NO. 2019-00160 (DEV2019-00031) Location: Citywide Request: A City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code modifying Chapters 18.08 (Commercial Zones), 18.36 (Types of Uses) and 18.38 (Supplemental Use Regulations) to facilitate the conversion of existing motel and other viable commercial and office structures to allow multiple- family, transitional and supportive housing for low- income persons subject to certain development and performance standards. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Motion Project Planner: Gustavo Gonzalez ggonzalez@anaheim.net 04-15-2019 Page 5 of 5 Adjourn to Monday, April 29, 2019 at 5:00 p.m. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 2:45 p.m. April 10, 2019 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: APRIL 15, 2019 SUBJECT: CONDITIONAL USE PERMIT NO. 2019-06005 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145 LOCATION: 2120 East Howell Avenue, Unit 410 (Red Beards Taproom) APPLICANT/PROPERTY OWNER: The applicant is Scott Nelson and the property owner is Teri Allen, representing PI Stadium II, LLC. REQUEST: The applicant is requesting approval of a Conditional Use Permit (CUP) to permit a bar with sales of beer and wine for on and off-premises consumption within an existing industrial building; and, a determination of Public Convenience or Necessity (PCN) to permit the sale of beer and wine for on and off-premises consumption. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolutions, determining that this request is categorically exempt under the California Environmental Quality Act (CEQA), Section 15301, Class 1 (Existing Facilities), and approving CUP2019-06005 and PCN2019-00145. BACKGROUND: The 6.3-acre property is developed with six industrial buildings and is located within the Platinum Triangle, in the Industrial (I) Zone and the Office District of the Platinum Triangle Mixed Use (PTMU) Overlay Zone. The General Plan designates the property for Office-High land uses. In addition to the goals and policies of the General Plan and the requirements of the Anaheim Municipal Code (Code), the Platinum Triangle Master Land Use Plan (PTMLUP) provides the Planning Principles for development within the Platinum Triangle. Surrounding land uses include industrial uses to the west and north across Howell Avenue, an auto auction facility to the east, and the Atchison Topeka and Santa Fe Railroad to the south. PROPOSAL: The applicant proposes to operate a bar with the sales of beer and wine for on and off-premises consumption. The applicant’s Letter of Request (Attachment No. 3) describes the business as a “taproom” specializing in serving specialty craft beers from local independent breweries. Red Beards Taproom will also sell prepackaged food. Bottles of beer and wine will be available for sale for off-premises consumption. The proposed hours of operation are 4 p.m. to 12 a.m. Monday through Friday, 11 a.m. to 12 a.m. on Saturday, and 9 a.m. to 9 p.m. on Sunday. There will be no manufacturing of alcoholic beverages in conjunction with the proposed use. CONDITIONAL USE PERMIT NO. 2019-06005, AND PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145 April 15, 2019 Page 2 of 6 The proposed taproom will be 1,572 square feet and located in one of the existing buildings on the property fronting on to Howell Avenue. The aerial photograph below highlights the subject site in yellow. The interior of the taproom’s tenant space will have bar seating, as well as, fixed seats at tables. No exterior changes to the building are proposed. The Code requires 228 parking spaces to meet the parking demand for all six of the industrial buildings shown below, including 27 parking spaces for the proposed taproom. The subject property has 270 spaces; and therefore, even with the proposed taproom, there would be a surplus of 42 spaces for all uses combined on the property. Taproom Location FINDINGS AND ANALYSIS: Conditional Use Permit (CUP): Before the Planning Commission may approve a CUP, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a CUP is authorized by this code; CONDITIONAL USE PERMIT NO. 2019-06005, AND PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145 April 15, 2019 Page 3 of 6 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the CUP under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. Staff has determined that the proposed taproom is consistent with the Code’s “Bars and Nightclubs” type of use category. This use class consists of establishments that primarily serve beer, wine, or other alcoholic beverages to be consumed on-premises, with or without food service. This category does not include bars that are accessory to restaurants. This type of use requires a “public premises”-type license issued by the California Department of Alcoholic Beverage Control. In addition to the sale of alcohol for on premises consumption, the proposed taproom will also sell bottles of beer and wine for off premises consumption. The proposed taproom would be located within an existing building and is therefore, subject to the Code requirements of the Industrial Zone. The property owner can only elect to use the PTMU Overlay Zone if the proposed project is for new construction. Bars and the sale of alcohol for off premises consumption require approval of a CUP in the Industrial Zone in order to determine compatibility with surrounding land uses. The primary function of the proposed taproom would be to serve the local residents and visitors in the Platinum Triangle. Staff believes that the taproom would not adversely affect the surrounding land uses or the growth and development of the area if the applicant operates the business in a responsible manner and in compliance with the recommended conditions of approval. These conditions include the prohibition of any admission fee or coverage charge, limiting the hours of operation to 12:00 a.m., and a requirement that employees complete California Department of Alcoholic Beverage Control (ABC) Licensee Education on Alcohol and Drugs (LEAD) training. In addition, the Anaheim Police Department has required security measures for the orderly and safe operation of the business. Based on these factors, staff believes that the proposed use would be compatible with the surrounding area and recommends approval of the CUP. Determination of Public Convenience or Necessity (PCN): The proposed sales of beer and wine for on and off-premises consumption will require issuance of a Type 42 (On Sale Beer and Wine – Public Premises) license from ABC. Although named “On Sale Beer and Wine – Public Premises,” a Type 42 license authorizes the sale of beer and wine for consumption on or off the premises. State law limits the issuance of ABC licenses when a business requests this type of license for a property located in a police-reporting district with a crime rate above the City average, CONDITIONAL USE PERMIT NO. 2019-06005, AND PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145 April 15, 2019 Page 4 of 6 or when there is an over-concentration in the number of ABC licenses within a census tract. However, the law also states that ABC can waive this restriction if the local jurisdiction makes a determination that the proposed license would serve a "public convenience or necessity." The property is within Police Reporting District No. 2028, which has a crime rate that is below the citywide average. In addition, there were no calls for service at this location in the last year. Therefore, state law would not limit the issuance of ABC licenses for this property based of the crime rate. The Police Department also evaluates requests for ABC licenses based on the crime rate within a one-quarter mile radius of the subject site. Over the last year, the crime rate within a one-quarter mile radius of this property was also below the citywide average based upon calls for service. The calls consisted of 17 petty thefts, eight auto burglaries, seven drug violations, six simple assaults, and six commercial forgeries. The Police Department does not oppose this request and has provided conditions of approval for the operation of this business. These conditions have been included in the draft resolutions for the CUP and PCN. This property is located within Census Tract No. 863.03, which has a population of 6,212 residents. Based on population size, the State would consider the subject census tract over-concentrated with licenses for the sale of beer and wine for on-site consumption (referred to as “on-sale”) at bars if there are more than seven on-sale licenses. The State would consider the area over-concentrated with licenses to sell alcohol for off-site consumption (referred to as “off-sale”) if there are more than three off-sale licenses. There are presently 20 on-sale licenses and five off-sale licenses in the tract. Additionally, on April 2, 2019 the City Council approved an application for a 7-Eleven convenience store at 902 East Katella Avenue with sales of beer and wine for off-premises consumption within this census tract. While ABC has not yet issued a license for this business, staff anticipates this to be the possible sixth off-sale license in this tract. The Red Beards Taproom would be obtaining a new on and off-sale license from ABC, which would increase these numbers to 21 on-sale licenses and potentially seven off-sale licenses, respectively. Therefore, since the State’s threshold is seven on-sale licenses and three off-sale licenses, the subject property is in an area that has an over-concentration of ABC licenses. However, the law also states that ABC can waive this restriction if the local jurisdiction makes a determination that the proposed license would serve a "public convenience or necessity." Since there is an over-concentration of licenses in the census tract, a “determination of public convenience or necessity" is required for this license request. Staff believes that the over-concentration is justified based upon the location of the taproom in the Platinum Triangle. The General Plan and the PTMLUP designate the Platinum Triangle for higher density development that will include a mix of residential and non-residential uses, in addition to the area’s sports and entertainment venues. Currently, the Platinum Triangle includes 4,084 constructed residential units; however, full build-out of the PTMLUP allows for 17,501 residential units. Although there is currently, an over-concentration of licenses, staff believes that the existing and anticipated population within the Platinum Triangle, and the additional employees and visitors to the area, provide justification for a determination of Public Convenience or Necessity. CONDITIONAL USE PERMIT NO. 2019-06005, AND PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145 April 15, 2019 Page 5 of 6 Alcohol Licenses Within the 863.03 Census Tract Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The proposed project meets these criteria. Pursuant to Section 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is categorically exempt from the provisions of CEQA. CONDITIONAL USE PERMIT NO. 2019-06005, AND PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145 April 15, 2019 Page 6 of 6 CONCLUSION: The proposed taproom would contribute towards PTMLUP Planning Principle 2.1.1 Balance and Integrate Uses. This principle states that: In order to maximize long-term property value, the Platinum Triangle will not only provide new, balanced development opportunities for office, residential and sports/entertainment and allow existing industrial uses to continue, but link the various uses together with walkable streets, open space and consistent landscape. Regardless of market strengths for any one use at a given time, the opportunity and value for all uses will be enhanced by a supportive, integrated and multi-use district approach. The proposed taproom is a viable use of an existing industrial building within the Platinum Triangle. The proposed taproom would be located near the stadium and arena entertainment areas, in close proximity to area residents, employees and visitors. Staff believes that with the proposed conditions of approval, the subject taproom would be compatible with the surrounding industrial land uses, rail road and auto auction. Staff recommends approval of this request. Prepared by, Submitted by, Scott Koehm Susan Kim Senior Planner Principal Planner Attachments: 1. Draft Conditional Use Permit Resolution 2. Draft Public Convenience or Necessity Resolution 3. Letter of Request 4. Police Department Memorandum 5. Plans 6. Site Photos I (PTMU)DEV 2019-00015NORTH STADIUMBUSINESS CENTER (PTMU)RAILROADO-L (PTMU)Katella Sub-Area CTOWNPLACE SUITESBY MARRIOTT I (PTMU)TILE STORE I (PTMU)INDUSTRIAL I (PTMU)RESTAURANT O-L (PTMU)Katella Sub-Area CCOMMUNITY BANK O-L (PTMU)Katella Sub-Area CSADDLEBACK CHURCH O-L (PTMU)Katella Sub-Area COFFICES I (PTMU)OFFICEPARKING LOT I (PTMU)AUTO REPAIR/SERVICE ISTADIUM PLAZABUSINESS PARK IINDUSTRIAL IINDUSTRIALIINDUSTRIAL ITILE STORES ITILE STORES ITILE STORESITILE STORES O-L (PTMU)Katella Sub-Area CPARKING LOT E HOWELL AVE S S T A T E C O L L E G E B L V D S S U N K I S T S T E K A T E L L A A V E S P A G E C T E HOWELL AVE STADI UM C ROS SING E. BALL RD E. KATELLA AVE S . L E W I S S T E. CERRITOS AVE E. ORANGEWOOD AVE S . S U N K I S T S T S . A N A H E I M B L V D S . H A S T E R S T E. GENE AUTRY WAY S .D O U G L A S S R D 2 1 0 0 -2 1 2 0 E a st H o we ll A ve n u e D E V N o . 2 0 1 9 -0 0 01 5 Subject Property APN: 253-531-04 °0 50 100 Feet Aerial Pho to:May 20 18 E HOWELL AVE S S U N K I S T S T E K A T E L L A A V E S P A G E C T E HOWELL AVE STADI UM C ROS SING E. BALL RD E. KATELLA AVE S . L E W I S S T E. CERRITOS AVE E. ORANGEWOOD AVES. S T A T E C O L L E G E B L V D S . S U N K I S T S TS . A N A H E I M B L V D S . H A S T E R S T E. GENE AUTRY WAY S .D O U G L A S S R D 2 1 0 0 -2 1 2 0 E a st H o we ll A ve n u e D E V N o . 2 0 1 9 -0 0 01 5 Subject Property APN: 253-531-04 °0 50 100 Feet Aerial Pho to:May 20 18 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2019-*** RESOLUTION NO. PC2019-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2019-06005 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00015) (2120 EAST HOWELL AVENUE, UNIT 410) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2019-06005 to permit a bar with sales of beer and wine for on and off-premises consumption within an existing industrial building with a new “Type 42” On-Sale Beer and Wine – Public Premises Alcoholic Beverage Control (ABC) license to permit the sale of beer and wine for on and off-site consumption (the “Project”), for certain real property located at 2120 East Howell Avenue, Unit 410 in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, Conditional Use Permit No. 2019-06005 is proposed in conjunction with Public Convenience or Necessity No. 2019-00145, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property, consisting of approximately 6.3 acres, is developed with an industrial business center. The Anaheim General Plan designates the Property for “O-H” Office High land uses. The Property is located within the underlying “I” Industrial Zone, and the "PTMU" Platinum Triangle Mixed Use Overlay Zone; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 15, 2019 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, this Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consists of construction and location of limited numbers of new, small facilities or structures, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2019-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Conditional Use Permit No. 2019-06005, does find and determine the following facts: 1. The proposed request to permit a bar with sales of beer and wine for on and off- premises consumption within an existing industrial building with a new “Type 42” On-Sale Beer and Wine – Public Premises ABC license to permit a bar with sales of beer and wine for on and off-premises consumption within an existing industrial building is an allowable use within the "I" Industrial Zone under Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Code, subject to a conditional use permit and the zoning and development standards of the "I" Industrial Zone. 2. The Proposed Project, under the conditions imposed, is compatible with the existing and proposed uses in the surrounding area. 3. The size and shape of the site for the Proposed Project, under the conditions imposed, is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because the bar will adhere to all required land use standards, including the required number of parking spaces. 4. The traffic generated by the Proposed Project, under the conditions imposed, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the levels anticipated and analyzed in this area. 5. The granting of the Proposed Project, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed project will be compatible with the surrounding area through conditions of approval for the use and would not be a health or safety risk to the citizens of the City of Anaheim; and WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2019-06005, contingent upon and subject to (i) approval of Public Convenience or Necessity No. 2017-00145, now pending, and (ii) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2019-06005 in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director - 3 - PC2019-*** upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 15, 2019. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2019-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on April 15, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of April, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2019-*** - 6 - PC2019-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2019-06005 (DEV2019-00015) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 1 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering 2 Applicant shall contact Water Services Cross Connection Control at 714-765-5203 to determine whether a backflow prevention device must be installed on the Applicant’s internal and external plumbing systems. Backflow prevention device(s) shall be installed if determined to be required. Public Utilities, Water Engineering GENERAL CONDITIONS 3 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours. Police Department 4 The business shall not be operated in such a way as to be detrimental to the public health, safety, or welfare. Police Department 5 Any and all security officers provided show comply with all State and Local ordinances regulating their services, including without limitation, Chapter 11.5 in Division 3 of the California Business and Professions Code (Section 4.16.070 Anaheim Municipal Code). Police Department 6 Security measures shall be provided to the satisfaction of the Anaheim Police Department. Such measures of shell deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police Department 7 Managers, owners, and wait staff need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) training. The contact number is 714-558-4101. A similar program may be used as long as it is certified and must be renewable. Police Department 8 There shall be no admission fee, cover charge, nor minimum purchase required. Police Department 9 Signs shall be posted inside all doors stating, “No open alcoholic beverages allowed past this point.” Police Department - 7 - PC2019-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 Doors shall be kept closed at all times during the operation of the premises except in cases of emergency. Police Department 11 Hours of operation shall be limited to 12:00 midnight each night of the week. Police Department 12 There shall be no entertainment, amplified music, or dancing permitted on the premises at any time unless the proper permits have been obtained from the City of Anaheim. Police Department 13 Vehicle deliveries including loading and unloading shall only be performed on site in the designated loading shown as shown on the site plan. Deliveries shall not take place on any part of the public right of way. Public Works, Traffic Engineering 14 All landscaping shall be maintained in perpetuity in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning and Building Department, Code Enforcement Division 15 The Applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 16 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 17 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department, Planning Services Division [DRAFT] ATTACHMENT NO. 2 - 1 - PC2019-*** RESOLUTION NO. PC2019-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145 TO PERMIT A TYPE 42 (ON SALE BEER AND WINE – PUBLIC PREMISES) ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00015) (2120 EAST HOWELL AVENUE, UNIT 410) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified petition for Public Convenience or Necessity No. 2019-00145 for a new “Type 42” On-Sale Beer and Wine – Public Premises Alcoholic Beverage Control (ABC) license to permit a bar with sales of beer and wine for on and off- premises consumption within an existing industrial building (“Project”) for certain real property located at 2120 East Howell Avenue, Unit 410, in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, Public Convenience or Necessity No. 2019-00145 is proposed in conjunction with a request for Conditional Use Permit No. 2019-06005, now pending, which together with the Project, shall be referred to herein collectively as the “Proposed Project”; and WHEREAS, the Property, consisting of approximately 6.3 acres, is developed with an industrial business center. The Anaheim General Plan designates the Property for “O-H” Office High land uses. The Property is located within the underlying “I” Industrial Zone, and the "PTMU" Platinum Triangle Mixed Use Overlay Zone; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 15, 2019 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, this Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consists of construction and location of limited numbers of new, small facilities or structures, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, - 2 - PC2019-*** the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a Determination of Public Convenience or Necessity No. 2019-00145, does find and determine the following facts: 1. On July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "Public Convenience or Necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control ("ABC"). 2. Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an "undue concentration" of licenses, except when an applicant has demonstrated that "public convenience or necessity" would be served by the issuance of a license. For purposes of Section 23958.4, "undue concentration" means the case in which the Property is located in an area where any of the following conditions exist: (a) The Property is located in a crime reporting district that has a 20 percent greater number of reported crimes than the average number of “reported crimes” (as defined in Section 23958.4), as determined from all crime reporting districts within the City of Anaheim. (b) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the Property is located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. (c) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the Property is located exceeds the ratio of off-sale retail licenses to population in the county. 3. Notwithstanding the existence of the above-referenced conditions, ABC may issue a license if the Planning Commission determines that the "public convenience or necessity" would be served by the issuance. 4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to "public convenience or necessity" determinations; and, when the sale of alcoholic beverages for off-premises consumption is permitted by the Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. - 3 - PC2019-*** 5. The Property is located within Census Tract No. 863.03 with a population of 6,212 that allows for three off-sale ABC licenses and seven on-sale licenses. There are presently five off-sale ABC licenses and 20 on-sale licenses in the tract. The Property is located in Police Reporting District No. 2028, which has a crime rate that is below the City-wide average. The Police Department evaluates these requests based on the crime rate within a one-quarter mile radius of the Property for the subject site. The crime rate within ¼ mile of this Property is also below the City-wide average based upon calls for service. Since there is an overconcentration of off-sale licenses in the census tract, a determination of "public convenience or necessity" is required for this ABC license request. 6. The request to permit a bar with sales of beer and wine for on and off-premises consumption would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Proposed Project is compatible with the nearby entertainment venues and mixed-use residential developments and is intended to serve the area visitors and residents; and 7. The determination of "Public Convenience or Necessity" can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations and further that the granting of the determination of Public Convenience or Necessity, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim; and WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Public Convenience or Necessity No. 2019-00145, contingent upon and subject to (i) approval of Conditional Use Permit No. 2019-06005, now pending, and (ii) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. - 4 - PC2019-*** BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 15, 2019. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2019-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on April 15, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of April, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2019-*** - 7 - PC2019-*** EXHIBIT “B” DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00145 (DEV2019-00015) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours. Police Department 2 The business shall not be operated in such a way as to be detrimental to the public health, safety, or welfare. Police Department 3 Any and all security officers provided show comply with all State and Local ordinances regulating their services, including without limitation, Chapter 11.5 in Division 3 of the California Business and Professions Code (Section 4.16.070 Anaheim Municipal Code). Police Department 4 Security measures shall be provided to the satisfaction of the Anaheim Police Department. Such measures of shell deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police Department 5 Managers, owners, and wait staff need to call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) training. The contact number is 714- 558-4101. A similar program may be used as long as it is certified and must be renewable. Police Department 6 There shall be no admission fee, cover charge, nor minimum purchase required. Police Department 7 Signs shall be posted inside all doors stating, “No open alcoholic beverages allowed past this point.” Police Department 8 Doors and shall be kept closed at all times during the operation of the premises except in cases of emergency. Police Department 9 Hours of operation shall be limited to 12:00 midnight each night of the week. Police Department 10 There shall be no entertainment, amplified music, or dancing permitted on the premises at any time unless the proper permits have been obtained from the City of Anaheim. Police Department 11 All landscaping shall be maintained in perpetuity in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning and Building Department, Planning Services Division - 8 - PC2019-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 12 The Applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 13 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 14 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department, Planning Services Division February 7th 2019 Letter of Request for Red Beards Taproom Objective Set up a Taproom in Anaheim California. Our plan is to carry specialty craft beers from around the state and within the local region from independent craft brewers. We applying for a Type 42 License for on sale Beer and Wine for Public premises. We will serve beer, cider and meads from roughly 30 taps. We will offer wine, packaged food and carry bottles of craft beer. Target Audience Our target audience will be local residents, sporting and beer enthusiasts. We plan on offering a friendly atmosphere where friends and family can enjoy fine craft beers along with watching sporting events. The Management Team Red Beard’s taproom will be run by Scott Nelson and Al Pirruccello who will be joint partners. We both have been in the construction industry for over 30 years in the Southern California area. In our earlier years we both had worked in the restaurant and bar industry. Red Beards will be a Taproom privately funded by Scott Nelson & Al Pirruccello. Employees As the business grows, we plan on hiring local staff to support the growth of the Taproom. Opportunity Keys to success: • Have 30 or more good quality craft beers, ciders and meads on tap. • Create customer awareness through the internet, social media and word of mouth. • Well-designed taproom with a unique and entertaining atmosphere. Hours of Operation Our starting hours of operation will be 4 pm to 12 am Monday- Friday, 11 am to 12 am Saturday, and 9 am to 9 pm Sunday. These hours may vary depending on customer flow. Parking is a shared parking lot and we have 14 spaces avaible during our hours of operation for vehicles. We expect local foot traffic from the surrounding businesses, homes and sporting venues in the area. ATTACHMENT NO. 3 ATTACHMENT NO. 4 HO W E L L A V E N U E 2100 East Howell Avenue 2120 East Howell Avenue 2020 Eas t H o w e l l A v e n u e 406 412411410409408 407 405 413416 - 417415414 508 504506 511510 509 502505 401402403404 301 304 303 302 305 601-602 101 107 106 105 104 103 102 113112111110109 108 201 207206205 204 203 202 209208 507 A KJI HGFEDC B L M 501 211 A T T A C H M E N T N O . 5 ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: APRIL 15, 2019 SUBJECT: CONDITIONAL USE PERMIT NO. 4177A LOCATION: 1331 North Euclid Street (Miller Toyota) APPLICANT/PROPERTY OWNER: The agent is Neil Sander of Independence Engineering, Inc., representing the applicant, Daryl Burman of Group 1 Automotive, Inc. The property owner is Property Reserve, Inc. represented by Bruce Christensen. REQUEST: The applicant requests an amendment to a previously-approved Conditional Use Permit to construct a new 4,010 square foot car wash facility in conjunction with an existing automotive dealership. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines, and approving Conditional Use Permit No. 4177A. BACKGROUND: The 7-acre site is located at the northwest corner of Euclid Street and Medical Center Drive, directly south of the eastbound 91 Freeway off- ramp at Euclid Street. The project site has a General Plan land use designation of General Commercial and is currently zoned “C-G” General Commercial. Surrounding land uses include commercial and single family residential uses to the east across Euclid Street, commercial and medical office uses to the south across Medical Center Drive, a senior apartment and assisted living community (Emerald Court) to the west, and the 91 Freeway to the north. PROPOSAL: The applicant proposes to demolish 750 square feet of the existing 76,000 square foot dealership building in order to construct a new 4,010 square foot car wash facility. The 18-foot high carwash addition would be located along the west side of the existing 40-foot high building with openings oriented toward the 91 Freeway off-ramp to the north and Medical Center Drive to the south. No changes are proposed to an existing 8-foot high block wall along the west property line. The enclosed automatic car wash would be limited to private use for on-site service and would replace the manual handwashing that occurs within the existing service bays or off-site following the sale or servicing of vehicles. No public use of the carwash is proposed. CONDITIONAL USE PERMIT NO. 4177A April 15, 2019 Page 2 of 5 The carwash would be ancillary to the dealership’s sales and service operation and would not generate any additional vehicle trips, nor would the car wash increase the dealership’s parking demand. There would be no increase in the number of employees as a result of the enclosed carwash operation. The applicant indicates that the new carwash would allow the dealership to maximize the use of existing service bays and improve the reclamation of wash water from 0% to approximately 39%. SITE PLAN CONDITIONAL USE PERMIT NO. 4177A April 15, 2019 Page 3 of 5 The proposed carwash addition would comply with all C-G zone development standards, including building height, setbacks, floor area ratio and parking. Attachment 1 provides a development summary demonstrating the project’s compliance with Municipal Code requirements. WEST ELEVATION The new addition is designed to be compatible with the existing dealership building and would be constructed of similar materials including concrete masonry block walls, an aluminum and glass overhead door system, and metal coping, all painted to match the existing building. The carwash facility would be entirely enclosed with all mechanical equipment (wash machinery and blower) located within the building. SOUTH ELEVATION (PARTIAL) The proposed hours of the carwash operation would coincide with the business hours of the dealership, from 7:00 a.m. to 10:00 p.m. Monday through Saturday, and 7:00 a.m. to 9:00 p.m. on Sundays. Peak hours of the carwash use would occur between 7:00 a.m. and 6:00 p.m. CONDITIONAL USE PERMIT NO. 4177A April 15, 2019 Page 4 of 5 ANALYSIS: Automotive washing facilities are permitted subject to the approval of a conditional use permit in the C-G zone. However, this request was processed as an amendment to the original conditional use permit for the dealership. The purpose of this conditional use permit amendment is to ensure proper design and function of the car wash facility, and to ensure that the vehicular circulation and car wash operations do not impact surrounding properties. Staff carefully considered the potential impacts of the proposed car wash improvements on surrounding properties, including circulation, noise and parking. Circulation: The proposed carwash would not require any customer stacking or queuing as car washes would be performed on an as-needed basis by the auto dealership employees. As noted above, the car wash would be restricted to private use and would not be open to the public. Service employees would operate the carwash with no access to customers so no impacts to stacking is expected. The cars would enter the carwash from the north end and exit the south end with the entire wash cycle occurring inside the building. Staff has reviewed the on-site circulation and does not anticipate any circulation issues with the proposed carwash operation. Staff analyzed the proposed site plan and concluded that adequate circulation would continue to be provided and that existing street circulation patterns would not be impacted. Noise Impacts: To address potential noise impacts to existing residential uses located to the east across Euclid Street and directly west of the dealership, an Acoustical Study (Attachment No. 4) was prepared. The study identified noise sources generated from the carwash and potential noise impacts on adjacent properties. The study indicated that peak hour noise levels of 62.9 dBA would exceed the City of Anaheim’s noise standard of 60 dBA. The study also provided recommended measures to reduce noise to acceptable levels. Options included the following:  Extend the building 25 feet to the south to provide greater distance between blower and exit door; or  Install a roll-up “garage-type” door at exit to remain closed during operation; or  Install a noise blower/dryer system which reduces the noise by 10 dBA Emerald Court is a senior apartment community with independent and assisted living housing located directly west of the proposed carwash addition that would be most affected by any noise generated from the carwash. In an effort to address potential noise impacts to those residents, the applicant designed the carwash with an additional 32 feet of building between the blower system and exit door. In addition, the applicant will install acoustical dampeners on the blower system that will reduce the overall noise by 5 dBA (Attachment No. 5). CARWASH FLOOR PLAN CONDITIONAL USE PERMIT NO. 4177A April 15, 2019 Page 5 of 5 With implementation of the noise control alternatives cited in the Acoustical Study, including the design of the building extension and the installation of additional acoustic dampeners on the blower system, noise impacts resulting from the carwash system will comply with the City of Anaheim’s Noise Ordinance limitation of 60 dBA, as measured from the nearest property line. Parking: The dealership currently provides 235 parking spaces in addition to their inventory/display area. With the carwash addition, the proposed site plan depicts 315 parking spaces for use by customers and employees with the remaining area for display of vehicles. The existing dealership is required to provide a total of 296 parking spaces. The carwash use would be ancillary to the dealership’s sales and service operation and would not increase the dealership’s parking demand. Furthermore, the operation of the new carwash would not increase the number of employees at the dealership; therefore, no parking impacts are expected. The applicant will continue to be required to conduct all vehicle loading and unloading on-site without affecting circulation on the adjoining streets. Community Outreach: On January 29, 2019, the applicant hosted a community meeting at the Emerald Court senior residential community to inform the residents and management about the proposed project. Approximately 50 residents attended the meeting. The meeting provided an opportunity for the applicant to explain the scope of the project and answer any questions. The applicant indicated that in an effort to remain a good neighbor, they held the meeting to receive input and address concerns raised by the neighbors who were generally receptive of the dealership and carwash project. Environmental Impact Analysis: The project’s potential environmental impacts have been evaluated and staff recommends that the Planning Commission determine that the development qualifies for a Class 3 “New Construction or Conversion of Small Structures” exemption allowed under California Environmental Quality Act which consist of the construction and location of limited numbers of new, small facilities or structures. The proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. CONCLUSION: The proposed project complies with all development standards of the C-G zone, including building setbacks and parking. The ancillary automotive carwash addition has been designed to ensure that the vehicular circulation and noise generated by the car wash operations do not impact surrounding properties. As such, staff recommends that the Planning Commission approve the request for the new carwash facility. Prepared by, Submitted by, Wayne Carvalho David See Contract Planner Principal Planner Attachments: 1. Development Summary 2. Draft Conditional Use Permit Resolution 3. Letter of Request 4. Noise Study 5. Broadway Noise Reduction System 6. Complete Plan Set 7. Site Photographs C-GDEV 2018-00145AUTO DEALERSHIP C-GEMERALD COURTRETIREMENT FACIL ITY191 DU C-GEMERALD COURTRETIREMENT FACIL ITY191 DU C-GMEDICAL OFFICE C-GMEDICAL OFFICE C-GMEDICAL OFFICE C-GSERVICE STATION C-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SFR FULLERTON 91 FREEWAY 91 FREEWAY N E U C L I D S T W ME DICAL CENT ER D R W. LA PALMA AVE N . B R O O K H U R S T S T W. ROMNEYA DR N . H A R B O R B L V D 1 3 3 1 No r t h Eu c lid St r e e t D E V N o . 2 0 1 8 -0 0 14 5 Subject Property APN: 072-150-78072-150-69072-150-68 °0 50 100 Feet Aerial Pho to:May 20 18 91 FREEWAY 91 FREEWAY N E U C L I D S T W ME DICAL CENT ER D R W. LA PALMA AVE N . B R O O K H U R S T S T W. ROMNEYA DR N . H A R B O R B L V D 1 3 3 1 No r t h Eu c lid St r e e t D E V N o . 2 0 1 8 -0 0 14 5 Subject Property APN: 072-150-78072-150-69072-150-68 °0 50 100 Feet Aerial Pho to:May 20 18 FULLERTON DEVELOPMENT SUMMARY MILLER TOYOTA CAR WASH (DEV2018-00145) Development Standard CG Zone Standards Proposed Project Land Use Car wash addition to existing Auto Dealership building Site Area N/A 305,986 sq. ft. (7.02 ac) Setbacks L/S/Structural Setback 10’ from freeway/off ramp 15’ from Arterial 10’ from local street 0’ abutting non-residential 25.7’’ to rear to West Approx. 270’ to South (Medical Center Dr.) Approx. 220’ to North (91 Fwy. off-ramp) Building Height 51’ S/B for 2 stories (28’) from Res zone 76’ S/B for 3 stories (38’) from Res zone 18’ for carwash addition FAR 0.50 0.26 (80,986 sq. ft.) Parking 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 4 spaces per 1,000 square feet of building GFA used for parts, sales, storage and repair use. 69,189 sq. ft. @ 4/1000 = 276.8 spaces 7,757 sq. ft. @ 2.5/1000 = 19.4 TOTAL Required = 296 4,010 sq. ft. carwash = ancillary use *Existing Parking = 235 spaces 315 spaces total 6 accessible spaces + 254 inventory spaces ATTACHMENT NO. 1 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2019-*** RESOLUTION NO. PC2019-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 4177A AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00145) (1331 NORTH EUCLID STREET) WHEREAS, on February 14, 2000, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission"), by Resolution No. PC2000-17, approved Conditional Use Permit 4177, in part, to permit an automotive dealership with accessory auto repair services with waivers to (i) minimum number of required trees; (ii) required parking lot landscaping; (iii) minimum distance between freestanding signs; (iv) minimum lot size for an auto dealership to permit a freeway-oriented sign; (v) minimum number of parking spaces; and (vi) permitted encroachments into required yards (herein referred to as the “Original CUP”) for that certain real property located at 1331 North Euclid Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for an amendment to the original CUP (Conditional Use Permit No. 4177A) for the construction of an automotive washing facility (the "Proposed Project") in conjunction an existing automobile dealership on the Property; and WHEREAS, the Property is approximately 7.02-acres in size and is designated as General Commercial in the Anaheim General Plan Land Use Element. The Property is currently zoned “C-G” General Commercial. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 15, 2019 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against the Proposed Project, including, specifically, Conditional Use Permit No. 4177A, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2019-*** WHEREAS, the Planning Commission also finds and determines that the effects of the proposed addition of a new carwash facility to the existing automobile dealership building are typical of those generated within that class of projects (i.e., Class 3 – New Construction or Conversion of Small Structures) which consists of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit the Project on the Property does find and determine the following facts: 1. The proposed request to construct an automotive washing facility in conjunction with the existing automobile dealership is an allowable use within the "C-G" General Commercial Zone under subsection .010 of Section 18.08.030.010 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C-G" General Commercial Zone; and 2. The proposed request to permit the construction of an automotive washing facility would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the Proposed Project will improve the aesthetics of the improvements on the Property and the overall appearance of the project site by removing temporary structures and outside uses with a permanent building, and would not have an adverse effect on adjacent residential and commercial uses; and 3. The size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties; and 4. The traffic generated by the Proposed Project would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by the Proposed Project will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking is provided to accommodate the existing use; no additional traffic is anticipated from the carwash facility as only vehicles serviced or sold at the site will utilize the carwash, and there will be no carwash access to the general public; and 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project would improve the overall appearance of the project site by removing temporary structures and outside uses with a permanent building, designed to be compatible with the existing building and surrounding properties, subject to compliance with the conditions contained herein; and - 3 - PC2019-*** WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 4177A, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto referred to as “Revised Conditions of Approval” and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property for which Conditional Use Permit No. 4177A is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning and Building Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby amend and replace the Previous Conditions of Approval in their entirety. All reference to the conditions of approval for the CUP shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the CUP, as amended by Conditional Use Permit No. 4177A. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 4 - PC2019-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 15, 2019. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on April 15, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of April, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2019-*** - 6 - PC2019-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 4177A (DEV2018-00145) NO. REVISED CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. Public Works Department, Development Services Division 2 The owner shall prepare a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be kept at the project site and be available for Public Works Development Services Division review upon request. Public Works Department, Development Services Division 3 All required plans and studies shall be prepared by a Professional Engineer with registration in the State of California. Public Works Department, Development Services Division PRIOR TO ISSUANCE OF BUILDING PERMITS 4 Provide a certificate to the Public Works Department for review and approval, prepared by a Professional Civil Engineer with license/registration in the State of California, certifying that the finished grading has been completed in accordance with the City approved grading plan. Public Works Department, Development Services Division 5 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering 6 The car wash shall comply with all state laws and local ordinances for Water Conservation Measures, including Chapter 10.18 of Anaheim Municipal Code and Ordinance relating to Water Reduction provisions. Public Utilities, Water Engineering 7 Prior to approval of permits for improvement plans, the property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Contact: Manny Soto, msoto@anaheim.net, (714) 765-4271. Public Utilities, Electrical Engineering - 7 - PC2019-*** NO. REVISED CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 8 All fees/deposits required by Public Works department must be paid in full. Public Works Department, Development Services Division 9 Parking lot striping shall be provided, per City Standard Detail No. 470. Planning and Building, Planning Division 10 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Address numbers shall be well lit during hours of darkness. Minimum recommended lighting level in all parking areas is 0.5 foot- candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. Planning and Building, Planning Division 11 All plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. Planning and Building, Planning Division ON-GOING DURING PROJECT OPERATIONS 12 Ongoing during project operations, vehicle deliveries including loading and unloading shall be performed on site. Delivery vehicles shall not block any part of the public right of way. Public Works Department, Development Services Division 13 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be removed or painted over within 24 hours of being applied. Planning and Building, Code Enforcement 14 The applicant shall be responsible for maintaining the premises in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Planning and Building, Planning Division/Code Enforcement 15 That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. Planning and Building, Planning Division - 8 - PC2019-*** NO. REVISED CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 16 That no public address system or any other communication system that is audible outside the building area shall be permitted for this automotive dealership. Planning and Building, Planning Division 17 There shall be no special advertising, banners, flags, pennants, balloons attached to vehicles, tents, sales events or other promotional activities unless a Special Event Permit is first obtained to authorize said displays. Planning and Building, Planning Division 18 That there shall be no tethered balloons, rooftop advertising devices or any other freeway-oriented displays permitted. Planning and Building, Planning Division 19 That no display of inventory of vehicles shall be permitted within the required landscaped setback areas. Planning and Building, Planning Division 20 Any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. All existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. Planning and Building, Planning Division 21 The car wash facility shall be operated in accordance with the Letter of Operation submitted as part of this application. Any changes to the business operation as described in the Letter of Operation shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. The car wash facility may operate from 7:00 a.m. to 10:00 p.m. Monday through Saturday, 7:00 a.m. to 9:00 p.m. Sunday. The hours of operation may be modified subject to review and approval by the Planning Director. Planning and Building, Planning Division GENERAL 22 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building, Planning Services - 9 - PC2019-*** NO. REVISED CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 23 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building, Planning Services 24 The business premises shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner, which plans are on file with the Planning Department, and as conditioned herein. Planning and Building, Planning Services Independence Engineering, llcIndependence Engineering, llc 102 Farnsworth Avenue, Suite 310102 Farnsworth Avenue, Suite 310 Bordentown, NJ 08505Bordentown, NJ 08505 (609) 496-9369(609) 496-9369 March 13, 2019    City of Anaheim  ℅ Wayne Carvalho, Contract Planner  Planning Services Division  200 S Anaheim Blvd, Suite 162  Anaheim, CA 92805    Re:Re:Miller ToyotaMiller Toyota   1331 N Euclid Street1331 N Euclid Street   Proposed Car Wash additionProposed Car Wash addition   DEV2018-00145; CUP 4177ADEV2018-00145; CUP 4177A   IE Project #004-001IE Project #004-001    Dear Mr. Carvalho,  In response to the City’s comment letter of March 8, 2019, Independence Engineering providing this  revised project narrative in support of the Development Plan Application on behalf of Group 1  Automotive, Inc., owner and operator of Miller Toyota.  Group 1 wishes to expand its existing automotive dealership, an approved use under Conditional  Permit 4177, to include a car wash, limited to private use for existing on-site service. The scope  includes removing approximately 750 square feet from the rear of the building and constructing a  4,010-square-foot car wash in its place. The new facility will connect to existing electric, water, and  sewer services for the dealership. Adequate access for fire and rescue equipment, as well as trash  collection have been provided.  Operations at the current facility do not include automatic car washing. When car washing is  necessary, it is either done by hand in a service bay, or offsite. Construction of a new automatic car  wash would allow Group 1 to maximize the use of the existing service bays, and improve the  reclamation of wash water from 0% to 39%.  Miller Toyota currently has a maximum shift of 145 employees. The proposed car wash will not add  any employees to the operations, nor will it add any trips, since it will be used solely by cars already  on site and not open to the public. Hours of operation of the car wash will be limited to sales and  service hours, 7 am to 10 pm Monday through Saturday, and 7 am to 9 pm on Sunday. The peak  hours of washing will be 7 am to 6 pm, with a lesser frequency after 6pm.  An acoustic study was prepared for the application that recommended extending the building to its  currently-proposed length as a means of meeting the City’s noise ordinance. In addition, acoustic  dampeners will be installed on the blowers which are expected to reduce noise approximately five  (dB) decibels more than original recommendation.  On January 29, 2019, Group 1 Automotive and its representatives conducted a neighborhood meeting  at Emerald Court for the benefit of its residents and management. Group 1 wishes to remain a good  corporate neighbor, and has sought input from its community on the project.     ATTACHMENT NO. 3 Independence Engineering, llcIndependence Engineering, llc 102 Farnsworth Avenue, Suite 310102 Farnsworth Avenue, Suite 310 Bordentown, NJ 08505Bordentown, NJ 08505 (609) 496-9369(609) 496-9369 We look forward to discussing the project with the Planning Commission at its earliest convenience.  If you have any questions, please do not hesitate to call me at (609) 947-9787.    Sincerely,    Neil E. Sander  President    Cc: Brad Johnson, Mike Sullivan, Group 1  David Clear, Clear Architectural Design  Robert Woo, Angelica Nguyen, AGI  Ryan Weiche, Broadway Equipment Company    MILLER TOYOTA OF ANAHEIM CAR WASH NOISE STUDY OCTOBER 26, 2018 PREPARED FOR: INDEPENDENCE ENGINEERING, INC. PREPARED BY: ACOUSTICS GROUP, INC. CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION A G i ATTACHMENT NO. 4 Miller Toyota of Anaheim Car Wash Noise Study ACOUSTICS GROUP, INC. OCTOBER 26, 2018 I CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 Miller Toyota of Anaheim Car Wash Noise Study Prepared for: Neil Sander Independence Engineering 18 Orchard Avenue Bordentown, NJ 08505 Prepared by: ROBERT WOO – Principal Acoustical Consultant, INCE ANGELICA NGUYEN – Senior Acoustical Consultant ACOUSTICS GROUP, INC. CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 Miller Toyota of Anaheim Car Wash Noise Study ACOUSTICS GROUP, INC. OCTOBER 26, 2018 II CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................. 1  1. INTRODUCTION ....................................................................................................... 2  2. NOISE ........................................................................................................................ 3   3. NOISE STANDARDS ................................................................................................. 4  4. NOISE ANALYSIS ..................................................................................................... 5  5. ASSESSMENT .......................................................................................................... 6  6. NOISE CONTROL ANALYSIS ................................................................................... 7  7. NOISE CONTROL RECOMMENDATIONS ............................................................... 9  8. CONCLUSION ......................................................................................................... 11  REFERENCES .............................................................................................................. 12  APPENDIX .................................................................................................................... 13  Figures Figure 1. Project Location ............................................................................................... 2  Figure 2. Site Plan ........................................................................................................... 3  Figure 3. Typical A-weighted Noise Levels ..................................................................... 4  Figure 4. Predicted Noise Contour Map of the Car Wash Operations ............................. 6  Figure 5. Predicted Noise Contour Map with the Extended Car Wash Building – Noise Control Alternative 1 ........................................................................................................ 7   Figure 6. Predicted Noise Contour Map with Car Wash Door - Noise Control Alternative 2 ...................................................................................................................................... 8  Figure 7. Location of the 25-ft Extended Car Wash Building Wall/Roof .......................... 9  Figure 8. Mechanical Car Wash Door ........................................................................... 10  Tables Table 1. City of Anaheim Noise Standards ...................................................................... 4  Table 2. Noise Sources ................................................................................................... 5  Table 3. Summary of Operations Noise Impact Assessment .......................................... 6  Table 4. Predicted Noise Levels for Miller Toyota of Anaheim Car Wash ....................... 9  Miller Toyota of Anaheim Car Wash Noise Study ACOUSTICS GROUP, INC. OCTOBER 26, 2018 1 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 EXECUTIVE SUMMARY   Acoustics Group, Inc., (AGI) was retained to conduct a noise study of for the Miller Toyota Car Wash Project in Anaheim, CA. AGI has reviewed the Anaheim Noise Standards, conducted noise measurements, analyzed the noise levels from future noise sources at the site, assessed the impact of the future noise to determine compliance with the Exterior Noise Standards, and recommended noise control measures. Miller Toyota of Anaheim proposes a new car wash. The future Miller Toyota of Anaheim Car Wash operations would produce equipment noise levels as high as 62.9 dBA at the ground floor of the nearest residential property line to the west. Future operations would not comply with the City of Anaheim’s noise standard of 60 dBA. Noise control measures have been identified to reduce the noise level at the nearest residential property line to comply with the City of Anaheim Noise Standard. This report has been organized into multiple sections for ease of reference. Section 1 introduces the Project and provides a general discussion on the Project Components. Section 2 discusses Noise Fundamentals, and Section 3 presents the Noise Standards. Section 4 discusses the Noise Analysis, Section 5 discusses the Impact Assessment and Section 6 discusses the Noise Control Analysis. Section 7 presents the Noise Control Recommendations. Section 8 discusses the Conclusion. Miller Toyota of Anaheim Car Wash Noise Study ACOUSTICS GROUP, INC. OCTOBER 26, 2018 2 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 1. INTRODUCTION Miller Toyota of Anaheim proposes a new car wash at the project site located at 1331 N. Euclid Street in Anaheim, CA. Refer to Figure 1 for the general location of the Site and a Vicinity Map. Land uses immediately surrounding the site are commercial and residential. An existing 11-ft high noise barrier wall protects the residential land use to the west of the project site. The main noise concern is car wash operations affecting the residential properties. Refer to Figure 2 for the Site Plan and Location of the Future Car Wash. Figure 1. Project Location Miller Toyota of Anaheim Car Wash Noise Study ACOUSTICS GROUP, INC. OCTOBER 26, 2018 3 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 Figure 2. Site Plan 2. NOISE The magnitude by which noise affects its surrounding environment is measured on a logarithmic scale in decibels (dB). Because the human ear is limited to hearing a specific range of frequencies, the A-weighted filter system is used to form relevant results. A- weighted sound levels are represented as dBA. Figure 3 shows typical A-weighted exterior and interior noise levels that occur in human environments. Several noise metrics have been developed to evaluate noise. Leq is the energy average noise level and corresponds to a steady-state sound level that has the same acoustical energy as the sum of all the time varying noise events. Lmax is the maximum noise level measured during a sampling period, and Lxx are the statistical noise levels that are exceeded xx-% of the time of the measurement. L50 is the average noise level that is exceeded 50% of the time, 30 minutes in a 60 minute period. Miller Toyota of Anaheim Car Wash Noise Study ACOUSTICS GROUP, INC. OCTOBER 26, 2018 4 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 Figure 3. Typical A-weighted Noise Levels 3. NOISE STANDARDS The City of Anaheim Municipal Code has adopted regulations for the purpose of protecting citizens from potential hearing damage and from various other adverse physiological, psychological, and social effects associated with noise (Section 6.70.010). The City’s Code limits noise levels to 60 dBA at any property line. This is consistent with industry standards for an hourly equivalent sound level, Leq of 60 dBA any time of the day and night on the ground floor. Refer to Table 1 for the City of Anaheim Noise Standards. Table 1. City of Anaheim Noise Standards Receiving Land Use Category Noise Standard, Leq, dBA All Land uses 60 Miller Toyota of Anaheim Car Wash Noise Study ACOUSTICS GROUP, INC. OCTOBER 26, 2018 5 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 4. NOISE ANALYSIS AGI conducted a site visit on October 10, 2018 to Audi San Diego to observe a comparable car wash installation and conduct equipment noise measurements. A- weighted and One-Third Octave Band Noise Levels were measured at a distance of 50 feet from the car wash at the entrance and exits and of car wash related noise sources. The measurements were conducted in a radial direction to spatially sample the equipment noise. The car wash noise level ranged from 74.2 to 79.7 dBA during a complete wash and dry cycle. Table 2 summarizes the noise measurement data and inputs used for the car wash noise analysis. Table 2. Noise Sources Source Distance, ft Equipment Noise Level Leq, dBA Car Wash Entrance (for 1 complete car wash cycle) 50 76.0 Car Wash Exit (for 1 complete car wash cycle) 50 79.4 Brush 3 78.4 Hydraulic Pump 1 89.6 Blower 3 98.4 Blower 50 83.4 The future noise generated from the car wash’s operations has the potential to impact nearby properties. The methodology used to analyze and predict operations noise from the project involved the use of the CadnaA computer noise model. CadnaA can simulate the physical environment by factoring in x, y, and z geometrics of a particular site to simulate the buildings, obstacles, and typography. The model uses industry recognized algorithms (ISO 9613) to perform acoustical analyses. The noise generated by future operations was calculated by inputting acoustical sources at the project site. AGI’s measurement data from the Audi Car Wash Noise Measurements was used for the modeling inputs. The car wash future operations were modeled for peak hour operations with 10 car washes occurring in one hour (approximately 6 minutes for one complete cycle). The hourly Leq from future facility operations is estimated to be as high as 62.9 dBA at the residences to the west. Refer to Figure 4 for a noise contour map of the Car Wash’s Proposed Operations and to Table 3 for a list of the predicted noise levels. Miller Toyota of Anaheim Car Wash Noise Study ACOUSTICS GROUP, INC. OCTOBER 26, 2018 6 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 Figure 4. Predicted Noise Contour Map of the Car Wash Operations 5. ASSESSMENT The hourly Leq from future facility operations is estimated to be as high as 62.9 dBA at the ground floor of the residential property line to the west. The operations peak hour noise levels would exceed the City of Anaheim’s noise standard of 60 dBA. Noise control measures were analyzed to reduce operations noise levels. Refer to Table 3 for a summary of the future Car Wash noise levels and impact assessments. Table 3. Summary of Operations Noise Impact Assessment Noise Sensitive Location Future Operation Peak Hour Leq, dBA Anaheim Noise Standard Assessment Residential Property Line to the West 62.9 60 Exceedance Miller Toyota of Anaheim Car Wash Noise Study ACOUSTICS GROUP, INC. OCTOBER 26, 2018 7 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 6. NOISE CONTROL ANALYSIS Two noise control alternatives were evaluated to reduce the car wash noise experienced at the western property line. AGI evaluated the noise reduction from an extended car wash building and a car wash door. Each alternative is discussed below: Noise Control Alternative 1 involves extending the car wash building (tunnel) an additional 25 feet to shield the blowers. A car wash noise level of 56.3 dBA at the residences to the west could be expected from Alternative 1 and would comply with the City of Anaheim’s Noise Standard of 60 dBA. Figure 5 shows the predicted noise level from this alternative. Figure 5. Predicted Noise Contour Map with the Extended Car Wash Building – Noise Control Alternative 1 Noise Control Alternative 2 involves fully closing the exit of the car wash with an automatic mechanical car wash door. This door would remain closed until the blowers turn-off after a car wash cycle and would only turn-on after the car exits and the doors are fully closed. A noise level of 56.3 dBA at the residences to the west could be expected from Alternative 2 and would comply with the City of Anaheim’s Noise Standard of 60 dBA. Figure 6 shows the predicted noise level from this alternative. Miller Toyota of Anaheim Car Wash Noise Study ACOUSTICS GROUP, INC. OCTOBER 26, 2018 8 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 Figure 6. Predicted Noise Contour Map with Car Wash Door - Noise Control Alternative 2 If Noise Control Alternative 1 and 2 are not feasible, Noise Control Alternative 3 would involve choosing a low noise blower/motor system that is at least 10 dB lower than the proposed blower/motor system. Prior to installation, a qualified Acoustical Consultant should review the acoustical information to ensure compliance with the Noise Standards. Refer to Table 4 for a summary of predicted noise levels for the unattenuated and noise control alternatives. Miller Toyota of Anaheim Car Wash Noise Study ACOUSTICS GROUP, INC. OCTOBER 26, 2018 9 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 Table 4. Predicted Noise Levels for Miller Toyota of Anaheim Car Wash Description Predicted Noise Level @ Western Property Line (Ground Floor), dBA Anaheim Noise Standard, dBA Assessment No Noise Control 62.9 60 Exceedance Alternative Noise Control 1 – Extended Car Wash Building 56.3 60 Compliance Alternative Noise Control 2 – Mechanical Car Wash Door at Exit 56.3 60 Compliance Alternative Noise Control 3 – Low Noise Blowers TBD 60 TBD 7. NOISE CONTROL RECOMMENDATIONS The following noise control measures are recommended to reduce the noise from the car wash to comply with City of Anaheim Noise Standards: 1. NOISE CONTROL ALTERNATIVE 1: i. Extend the car wash building (walls and roof) 25 feet beyond the location of the blower as per Figure 7 to shield blower operations. Figure 7. Location of the 25-ft Extended Car Wash Building Wall/Roof Miller Toyota of Anaheim Car Wash Noise Study ACOUSTICS GROUP, INC. OCTOBER 26, 2018 10 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 2. NOISE CONTROL ALTERNATIVE 2: i. Install a mechanical door at the car wash exit as shown in Figure 8 to enclose the car wash exit during blower operations. Figure 8. Mechanical Car Wash Door 3. NOISE CONTROL ALTERNATIVE 3: i. Substitute a low noise blower/motor system (a minimum of 10 dB lower than the proposed blower/motor system). ii. Prior to installation, a qualified Acoustical Consultant should review the acoustical information to ensure compliance with the Noise Standards. 4. The final design should be reviewed by a licensed Mechanical Engineer to ensure compliance with all applicable mechanical, fire and safety codes. 5. Upon completion of the project, a noise verification study should be performed to verify compliance with the City’s noise standards. Miller Toyota of Anaheim Car Wash Noise Study ACOUSTICS GROUP, INC. OCTOBER 26, 2018 11 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 8. CONCLUSION AGI has conducted a noise study of the Miller Toyota of Anaheim Car Wash Project in Anaheim, CA. The Project’s Site Plan has been reviewed, noise measurements conducted, noise levels analyzed and an impact assessment performed to determine compliance with the City of Anaheim Noise Standards. Noise from future equipment operations would be as high as 62.9 dBA at the nearest residential ground floor property to the west. The operations noise levels would exceed the City of Anaheim’s noise standard of 60 dBA. Noise control measures are identified to reduce the noise level from the car wash to comply with the City of Anaheim Noise Standards. Miller Toyota of Anaheim Car Wash Noise Study ACOUSTICS GROUP, INC. OCTOBER 26, 2018 12 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 REFERENCES 1. Caltrans Technical Noise Supplement, 1998. 2. Miller Toyota – Car Wash Concept Plan A, Site Plan, dated August 3, 2018. Miller Toyota of Anaheim Car Wash Noise Study ACOUSTICS GROUP, INC. OCTOBER 26, 2018 13 CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 APPENDIX MODELING INPUT & OUTPUT Miller Toyota of Anaheim Car Wash Noise Study ACOUSTICS GROUP, INC. CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION (877) 595-9988 MODELING INPUT & OUTPUT Ca d n a A   I n p u t   O u t p u t Pr o j e c t :   M i l l e r   T o y o t a   o f   A n a h e i m   C a r   W a s h Ca s e :   N o   N o i s e   C o n t r o l Re c e i v e r Na m e M. I D L e v e l   L r Li m i t .   V a l u e L a n d   U s e He i g h t Co o r d i n a t e s Da y N i g h t D a y N i g h t T y p e A u t o N o i s e   T y p e X Y Z (d B A ) ( d B A ) ( d B A ) ( d B A ) (m ) (m ) ( m ) ( m ) Ex i t   0   75 . 1 4 0 . 4 0 0 x T o t a l 1. 5 r 22 9 . 6 8 2 5 7 . 0 7 1 . 5 Ex i t   4 5   74 . 9 3 9 . 9 0 0 x T o t a l 1. 5 r 21 8 . 6 2 2 6 1 . 6 7 1 . 5 Ex i t   9 0   51 . 4 1 7 0 0 x T o t a l 1. 5 r 21 4 . 3 2 7 2 . 3 5 1 . 5 En t r a n c e   0   71 . 6 4 1 0 0 x T o t a l 1. 5 r 22 9 . 2 7 3 1 8 . 2 8 1 . 5 En t r a n c e   4 5   70 . 7 4 0 . 6 0 0 x T o t a l 1. 5 r 21 9 . 7 3 1 4 . 9 8 1 . 5 En t r a n c e   9 0   48 . 4 1 7 . 1 0 0 x T o t a l 1. 5 r 21 3 . 8 5 3 0 3 . 1 6 1 . 5 PL   56 . 3 2 6 . 2 0 0 x T o t a l 1. 5 r 21 5 3 1 0 . 1 6 1 . 5 PL   61 . 5 2 6 . 6 0 0 x T o t a l 1. 5 r 21 5 2 6 8 1 . 5 So u r c e s Na m e M. I D R e s u l t .   P W L Lw   /   L i Co r r e c t i o n So u n d   R e d u c t i o n A t t e n u a t i o O p e r a t i n g   T i m e K0 F r e q . D i r e c t . H e i g h t Coordinates Da y E v e n i n g N i g h t T y p e V a l u e n o r m . D a y E v e n i n g N i g h t R A r e a Da y S p e c i a l N i g h tX Y Z (d B A ) ( d B A ) ( d B A ) dB ( A ) d B ( A ) d B ( A ) d B ( A ) (m ² ) (m i n ) ( m i n ) ( m i n ) ( d B ) ( H z ) (m)(m) ( m ) ( m ) Ex i t   11 0 . 6 7 5 . 6 7 5 . 6 L w C W 2 0 0 0 0 ( n o n e ) 3 r 229.65 2 7 2 . 3 8 3 En t r a n c e   10 6 . 2 7 6 . 2 7 6 . 2 L w C W 1 0 0 0 0 ( n o n e ) 3 r 229.45 3 0 2 . 9 5 3 Na m e M. I D A b s o r p t i o n Z ‐ E x t . C a n t i l e v e r He i g h t le f t r i g h t ho r z . v e r t . B e g i n En d (m ) ( m ) ( m ) ( m ) (m ) Bu i l d i n g   10 . 4 r Bu i l d i n g   2   5. 5 r Bu i l d i n g   3   5. 5 3 2 0 5 . 5 r Ca r   W a s h   5. 5 1 2 0 5 . 5 r PL   3. 3 5 r PL   1. 8 2 r So u n d   L e v e l s Na m e ID T y p e O k t a v e   S p e c t r u m   ( d B ) So u r c e We i g h t . 3 1 . 5 6 3 1 2 5 2 5 0 5 0 0 1 0 0 0 2 0 0 0 4 0 0 0 8 0 0 0 A l i n Ca r   W a s h   E n t r a n c e CW 1 L w 10 5 . 6 1 0 4 . 3 1 0 3 1 0 4 . 2 1 0 4 . 2 9 9 . 3 9 9 . 7 9 3 . 7 8 9 . 3 1 0 6 . 1 1 1 2 Ca r   W a s h   E x i t CW 2 L w 10 3 . 8 1 0 7 . 5 1 0 8 . 8 1 0 6 . 4 1 1 0 . 6 1 0 3 . 3 1 0 2 9 7 . 4 9 2 . 8 1 1 0 . 6 1 1 5 . 6 Re s u l t   T a b l e Re c e i v e r La n d   U s e L i m i t i n g   V a l u e r e l .   A x i s Lr   w / o   N o i s e   C o n t r o l d L   r e q . Lr   w /   N o i s e   C o n t r o l E x c e e d i n g pa s s i v e   N C Na m e ID Da y N i g h t S t a t i o n D i s t a n c e H e i g h t D a y N i g h t D a y N i g h t D a y N i g h t D a y N i g h t dB ( A ) d B ( A ) m m m d B ( A ) d B ( A ) d B ( A ) d B ( A ) d B ( A ) d B ( A ) d B ( A ) d B ( A ) d B ( A ) Ex i t   0 0 0 75 . 1 4 0 . 4 7 5 . 1 4 0 . 4 0 0 ‐ ‐ ‐ Ex i t   4 5 0 0 74 . 9 3 9 . 9 7 4 . 9 3 9 . 9 0 0 ‐ ‐ ‐ Ex i t   9 0 0 0 51 . 4 1 7 5 1 . 4 1 7 0 0 ‐ ‐ ‐ En t r a n c e   0 0 0 71 . 6 4 1 7 1 . 6 4 1 0 0 ‐ ‐ ‐ En t r a n c e   4 5 0 0 70 . 7 4 0 . 6 7 0 . 7 4 0 . 6 0 0 ‐ ‐ ‐ En t r a n c e   9 0 0 0 48 . 4 1 7 . 1 4 8 . 4 1 7 . 1 0 0 ‐ ‐ ‐ PL 0 0 56 . 3 2 6 . 2 5 6 . 3 2 6 . 2 0 0 ‐ ‐ ‐ PL 0 0 61 . 5 2 6 . 6 6 1 . 5 2 6 . 6 0 0 ‐ ‐ ‐ Ca d n a A   I n p u t   O u t p u t Pr o j e c t :   M i l l e r   T o y o t a   o f   A n a h e i m   C a r   W a s h Ca s e :   E x t e n d e d   T u n n e l   N o i s e   C o n t r o l Re c e i v e r Na m e M. I D L e v e l   L r Li m i t .   V a l u e L a n d   U s e He i g h t Co o r d i n a t e s Da y N i g h t D a y N i g h t T y p e A u t o N o i s e   T y p e X Y Z (d B A ) ( d B A ) ( d B A ) ( d B A ) (m ) (m ) ( m ) ( m ) Ex i t   0   75 . 1 4 0 . 4 0 0 x T o t a l 1. 5 r 22 9 . 6 8 2 5 7 . 0 7 1 . 5 Ex i t   4 5   65 . 3 3 0 . 4 0 0 x T o t a l 1. 5 r 21 8 . 6 2 2 6 1 . 6 7 1 . 5 Ex i t   9 0   51 . 4 1 7 0 0 x T o t a l 1. 5 r 21 4 . 3 2 7 2 . 3 5 1 . 5 En t r a n c e   0   71 . 6 4 1 0 0 x T o t a l 1. 5 r 22 9 . 2 7 3 1 8 . 2 8 1 . 5 En t r a n c e   4 5   70 . 7 4 0 . 6 0 0 x T o t a l 1. 5 r 21 9 . 7 3 1 4 . 9 8 1 . 5 En t r a n c e   9 0   48 . 4 1 7 . 1 0 0 x T o t a l 1. 5 r 21 3 . 8 5 3 0 3 . 1 6 1 . 5 PL   56 . 3 2 6 . 2 0 0 x T o t a l 1. 5 r 21 5 3 1 0 . 1 6 1 . 5 PL   51 . 6 1 7 . 1 0 0 x T o t a l 1. 5 r 21 5 2 6 8 1 . 5 So u r c e s Na m e M. I D R e s u l t .   P W L Lw   /   L i Co r r e c t i o n So u n d   R e d u c t i o n A t t e n u a t i o O p e r a t i n g   T i m e K0 F r e q . D i r e c t . H e i g h t Coordinates Da y E v e n i n g N i g h t T y p e V a l u e n o r m . D a y E v e n i n g N i g h t R A r e a Da y S p e c i a l N i g h tX Y Z (d B A ) ( d B A ) ( d B A ) dB ( A ) d B ( A ) d B ( A ) d B ( A ) (m ² ) (m i n ) ( m i n ) ( m i n ) ( d B ) ( H z ) (m)(m) ( m ) ( m ) Ex i t   11 0 . 6 7 5 . 6 7 5 . 6 L w C W 2 0 0 0 0 ( n o n e ) 3 r 229.65 2 7 2 . 3 8 3 En t r a n c e   10 6 . 2 7 6 . 2 7 6 . 2 L w C W 1 0 0 0 0 ( n o n e ) 3 r 229.45 3 0 2 . 9 5 3 Na m e M. I D A b s o r p t i o n Z ‐ E x t . C a n t i l e v e r He i g h t le f t r i g h t ho r z . v e r t . B e g i n En d (m ) ( m ) ( m ) ( m ) (m ) Bu i l d i n g   10 . 4 r Bu i l d i n g   2   5. 5 r Bu i l d i n g   3   5. 5 3 2 0 5 . 5 r Ca r   W a s h   5. 5 1 2 0 5 . 5 r PL   3. 3 5 r PL   1. 8 2 r So u n d   L e v e l s Na m e ID T y p e O k t a v e   S p e c t r u m   ( d B ) So u r c e We i g h t . 3 1 . 5 6 3 1 2 5 2 5 0 5 0 0 1 0 0 0 2 0 0 0 4 0 0 0 8 0 0 0 A l i n Ca r   W a s h   E n t r a n c e CW 1 L w 10 5 . 6 1 0 4 . 3 1 0 3 1 0 4 . 2 1 0 4 . 2 9 9 . 3 9 9 . 7 9 3 . 7 8 9 . 3 1 0 6 . 1 1 1 2 Ca r   W a s h   E x i t CW 2 L w 10 3 . 8 1 0 7 . 5 1 0 8 . 8 1 0 6 . 4 1 1 0 . 6 1 0 3 . 3 1 0 2 9 7 . 4 9 2 . 8 1 1 0 . 6 1 1 5 . 6 Re s u l t   T a b l e Re c e i v e r La n d   U s e L i m i t i n g   V a l u e r e l .   A x i s Lr   w / o   N o i s e   C o n t r o l d L   r e q . Lr   w /   N o i s e   C o n t r o l E x c e e d i n g pa s s i v e   N C Na m e ID Da y N i g h t S t a t i o n D i s t a n c e H e i g h t D a y N i g h t D a y N i g h t D a y N i g h t D a y N i g h t dB ( A ) d B ( A ) m m m d B ( A ) d B ( A ) d B ( A ) d B ( A ) d B ( A ) d B ( A ) d B ( A ) d B ( A ) d B ( A ) Ex i t   0 0 0 75 . 1 4 0 . 4 7 5 . 1 4 0 . 4 0 0 ‐ ‐ ‐ Ex i t   4 5 0 0 65 . 3 3 0 . 4 6 5 . 3 3 0 . 4 0 0 ‐ ‐ ‐ Ex i t   9 0 0 0 51 . 4 1 7 5 1 . 4 1 7 0 0 ‐ ‐ ‐ En t r a n c e   0 0 0 71 . 6 4 1 7 1 . 6 4 1 0 0 ‐ ‐ ‐ En t r a n c e   4 5 0 0 70 . 7 4 0 . 6 7 0 . 7 4 0 . 6 0 0 ‐ ‐ ‐ En t r a n c e   9 0 0 0 48 . 4 1 7 . 1 4 8 . 4 1 7 . 1 0 0 ‐ ‐ ‐ PL 0 0 56 . 3 2 6 . 2 5 6 . 3 2 6 . 2 0 0 ‐ ‐ ‐ PL 0 0 51 . 6 1 7 . 1 5 1 . 6 1 7 . 1 0 0 ‐ ‐ ‐ Ca d n a A   I n p u t   O u t p u t Pr o j e c t :   M i l l e r   T o y o t a   o f   A n a h e i m   C a r   W a s h Ca s e :   C a r   W a s h   D o o r   N o i s e   C o n t r o l Re c e i v e r Na m e M. I D L e v e l   L r Li m i t .   V a l u e L a n d   U s e He i g h t Co o r d i n a t e s Da y N i g h t D a y N i g h t T y p e A u t o N o i s e   T y p e X Y Z (d B A ) ( d B A ) ( d B A ) ( d B A ) (m ) (m ) ( m ) ( m ) Ex i t   0   58 . 4 2 4 . 4 0 0 x T o t a l 1. 5 r 22 9 . 6 8 2 5 7 . 0 7 1 . 5 Ex i t   4 5   57 . 5 2 2 . 8 0 0 x T o t a l 1. 5 r 21 8 . 6 2 2 6 1 . 6 7 1 . 5 Ex i t   9 0   51 . 4 1 7 0 0 x T o t a l 1. 5 r 21 4 . 3 2 7 2 . 3 5 1 . 5 En t r a n c e   0   71 . 6 4 1 0 0 x T o t a l 1. 5 r 22 9 . 2 7 3 1 8 . 2 8 1 . 5 En t r a n c e   4 5   70 . 7 4 0 . 6 0 0 x T o t a l 1. 5 r 21 9 . 7 3 1 4 . 9 8 1 . 5 En t r a n c e   9 0   48 . 4 1 7 0 0 x T o t a l 1. 5 r 21 3 . 8 5 3 0 3 . 1 6 1 . 5 PL   56 . 3 2 6 . 2 0 0 x T o t a l 1. 5 r 21 5 3 1 0 . 1 6 1 . 5 PL   52 . 7 1 8 . 1 0 0 x T o t a l 1. 5 r 21 5 2 6 8 1 . 5 So u r c e s Na m e M. I D R e s u l t .   P W L Lw   /   L i Co r r e c t i o n So u n d   R e d u c t i o n A t t e n u a t i o O p e r a t i n g   T i m e K0 F r e q . D i r e c t . H e i g h t Coordinates Da y E v e n i n g N i g h t T y p e V a l u e n o r m . D a y E v e n i n g N i g h t R A r e a Da y S p e c i a l N i g h tX Y Z (d B A ) ( d B A ) ( d B A ) dB ( A ) d B ( A ) d B ( A ) d B ( A ) (m ² ) (m i n ) ( m i n ) ( m i n ) ( d B ) ( H z ) (m)(m) ( m ) ( m ) Ex i t   11 0 . 6 7 5 . 6 7 5 . 6 L w C W 2 0 0 0 0 ( n o n e ) 3 r 229.65 2 7 2 . 3 8 3 En t r a n c e   10 6 . 2 7 6 . 2 7 6 . 2 L w C W 1 0 0 0 0 ( n o n e ) 3 r 229.45 3 0 2 . 9 5 3 Ba r r i e r Na m e M. I D A b s o r p t i o n Z ‐ E x t . C a n t i l e v e r He i g h t le f t r i g h t ho r z . v e r t . B e g i n En d (m ) ( m ) ( m ) ( m ) (m ) Bu i l d i n g   10 . 4 r Bu i l d i n g   2   5. 5 r Bu i l d i n g   3   5. 5 3 2 0 5 . 5 r Ca r   W a s h   5. 5 1 2 0 5 . 5 r PL   3. 3 5 r PL   1. 8 2 r Ca r   W a s h   D o o r 5. 5 r So u n d   L e v e l s Na m e ID T y p e O k t a v e   S p e c t r u m   ( d B ) So u r c e We i g h t . 3 1 . 5 6 3 1 2 5 2 5 0 5 0 0 1 0 0 0 2 0 0 0 4 0 0 0 8 0 0 0 A l i n Ca r   W a s h   E n t r a n c e CW 1 L w 10 5 . 6 1 0 4 . 3 1 0 3 1 0 4 . 2 1 0 4 . 2 9 9 . 3 9 9 . 7 9 3 . 7 8 9 . 3 1 0 6 . 1 1 1 2 Ca r   W a s h   E x i t CW 2 L w 10 3 . 8 1 0 7 . 5 1 0 8 . 8 1 0 6 . 4 1 1 0 . 6 1 0 3 . 3 1 0 2 9 7 . 4 9 2 . 8 1 1 0 . 6 1 1 5 . 6 Re s u l t   T a b l e Re c e i v e r La n d   U s e L i m i t i n g   V a l u e r e l .   A x i s Lr   w / o   N o i s e   C o n t r o l d L   r e q . Lr   w /   N o i s e   C o n t r o l E x c e e d i n g pa s s i v e   N C Na m e ID Da y N i g h t S t a t i o n D i s t a n c e H e i g h t D a y N i g h t D a y N i g h t D a y N i g h t D a y N i g h t dB ( A ) d B ( A ) m m m d B ( A ) d B ( A ) d B ( A ) d B ( A ) d B ( A ) d B ( A ) d B ( A ) d B ( A ) d B ( A ) Ex i t   0 0 0 58 . 4 2 4 . 4 5 8 . 4 2 4 . 4 0 0 ‐ ‐ ‐ Ex i t   4 5 0 0 57 . 5 2 2 . 8 5 7 . 5 2 2 . 8 0 0 ‐ ‐ ‐ Ex i t   9 0 0 0 51 . 4 1 7 5 1 . 4 1 7 0 0 ‐ ‐ ‐ En t r a n c e   0 0 0 71 . 6 4 1 7 1 . 6 4 1 0 0 ‐ ‐ ‐ En t r a n c e   4 5 0 0 70 . 7 4 0 . 6 7 0 . 7 4 0 . 6 0 0 ‐ ‐ ‐ En t r a n c e   9 0 0 0 48 . 4 1 7 4 8 . 4 1 7 0 0 ‐ ‐ ‐ PL 0 0 56 . 3 2 6 . 2 5 6 . 3 2 6 . 2 0 0 ‐ ‐ ‐ PL 0 0 52 . 7 1 8 . 1 5 2 . 7 1 8 . 1 0 0 ‐ ‐ ‐ ATTACHMENT NO. 5 ATTACHMENT NO. 6 UPUP U P U P U P U P A R E A O F W O R K A R E A O F W O R K AREA OF WORK A R E A O F W O R K A R E A O F W O R K AREA OF WORK O V E R A L L S C O P E O F W O R K F L O O R P L A N A - 0 . 0 N O D A T E I S S U E / R E V I S I O N P R O J E C T # D R A W N B Y C H E C K E D B Y P R O J E C T N A M E : M I L L E R T O Y O T A O F A N A H E I M 1 3 3 1 N . E U C L I D S T . A N A H E I M , C A 9 2 8 0 1 S H E E T D E S C R I P T I O N : 1 6 0 8 D K C D K C 8 / 1 7 / 1 8 C I V I L S U B M I S S I O N 3 1 1 L E L A N D A V E N U E M E N L O P A R K , C A 9 4 0 2 5 4 1 5 . 2 8 7 . 4 1 4 3 j o h a n n a @ s t r e e t a r c h i t e c t . c o m J O H A N N A S T R E E T , A R C H I T E C T 1 1 / 2 / 1 8 C I V I L R E - S U B M I S S I O N SCALE:OVERALL FIRST FLOOR PLA N 3/32"=1'-0"1A-0.0 U P A R E A O F W O R K A R E A O F W O R K AREA OF WORK A R E A O F W O R K A R E A O F W O R K AREA OF WORK E X I S T I N G H C C O N C R E T E R A M P & A S S O C I A T E D H A N D R A I L S T O B E D E M O L I S H E D E X I S T I N G E L E V A T E D C O N C R E T E S I D E W A L K & A S S O C I A T E D H A N D R A I L S T O B E D E M O L I S H E D E X I S T I N G E L E V A T E D C O N C R E T E S I D E W A L K & A S S O C I A T E D H A N D R A I L S T O B E D E M O L I S H E D EXISTING PIPE BOLLARDTO BE DEMOLISHED E X I S T I N G C O N C R E T E L O A D I N G D O C K S L A B T O B E D E M O L I S H E D E X I S T I N G L O A D I N G D O C K T R E N C H D R A I N S Y S T E M & A L L A S S O C I A T E D P L U M B I N G T O B E D E M O L I S H E D E X I S T I N G C M U L O A D I N G D O C K P E R I M E T E R W A L L S T O B E D E M O L I S H E D E X I S T I N G C M U L O A D I N G D O C K P E R I M E T E R W A L L S T O B E D E M O L I S H E D EXISTING CONCRETE SIDEWALK & ASSOCIATEDHANDRAILS TO BE DEMOLISHED E X I S T I N G B U I L D I N G T O B E D E M O L I S H E D I N I T S E N T I R E T Y - A L L W A L L S , D O O R S , O V E R H E A D D O O R S Y S T E M S , C O N C R E T E S L A B , R O O F S T R U C T U R E , A N D M E P S Y S T E M S EXISTIN G E X T E R I O R C M U W A L L T O R E M A I N E X I S T I N G E X T E R I O R C M U W A L L T O R E M A I N U P A E C B 1 2 8 ' - 0 " 3 2 ' - 0 " 3 2 ' - 0 " 3 2 ' - 0 " 4 5 ' - 0 " A C B 31'-4" 30'-4"1'-0" A R E A O F W O R K A R E A O F W O R K AREA OF WORK A R E A O F W O R K A R E A O F W O R K AREA OF WORK A - 2 . 0 1 A - 2 . 0 2 A-2.0 3 D32'-0"30'-334"5'-0"10'-0"8'-8"6'-4"16"18'-0"11'-4"12"31'-4" 1 2 8 ' - 0 " 16'-4"10'-0"5'-0" 31'-4" D E M O L I T I O N A N D N E W W O R K F L O O R P L A N A - 1 . 0 SCALE:DEMOLITION PLAN1/8"=1'-0"1A-1.0 N O D A T E I S S U E / R E V I S I O N P R O J E C T # D R A W N B Y C H E C K E D B Y P R O J E C T N A M E : M I L L E R T O Y O T A O F A N A H E I M 1 3 3 1 N . E U C L I D S T . A N A H E I M , C A 9 2 8 0 1 S H E E T D E S C R I P T I O N : 1 6 0 8 D K C D K C 8 / 1 7 / 1 8 C I V I L S U B M I S S I O N 3 1 1 L E L A N D A V E N U E M E N L O P A R K , C A 9 4 0 2 5 4 1 5 . 2 8 7 . 4 1 4 3 j o h a n n a @ s t r e e t a r c h i t e c t . c o m J O H A N N A S T R E E T , A R C H I T E C T 1 1 / 2 / 1 8 C I V I L R E - S U B M I S S I O N ( . 1 1 4  2 . # 0  ) ' 0 ' 4 # .  0 1 6 ' 5 ( . 1 1 4  2 . # 0  0 1 6 ' 5 N E W M A S O N R Y W A L L N E W D O O R & F R A M E x T H E S E D R A W I N G S A R E T O B E U S E D I N C O N J U N C T I O N W I T H T H E W R I T T E N S P E C I F I C A T I O N B O O K I S S U E D A S T H E C O M B I N E D C O N S T R U C T I O N D O C U M E N T S P A C K A G E . G C S H A L L N O T I F Y T H E A R C H I T E C T D U R I N G T H E B I D D I N G P R O C E S S I F T H E R E I S A D I S C R E P A N C Y B E T W E E N T H E D R A W I N G S A N D S P E C I F I C A T I O N B O O K . x S E E S H E E T A - 4 . 0 & A - 4 . 1 F O R A L L R E S T R O O M E N L A R G E D P L A N S , E L E V A T I O N S & D E T A I L S . x S E E S H E E T A - 4 . 2 F O R A L L M I L L W O R K E N L A R G E D P L A N S , E L E V A T I O N S & D E T A I L S . x S E E S H E E T A - 6 . 0 & A - 6 . 1 F O R D O O R & F I N I S H S C H E D U L E S A N D W A L L T Y P E S x A L L W A L L S T O B E W A L L T Y P E 2 U N L E S S O T H E R W I S E N O T E D . x P R O V I D E M O I S T U R E - R E S I S T A N T G Y P S U M B O A R D F O R R E S T R O O M W A L L S H E A T H I N G & C E M E N T I T I O U S B A C K E R B O A R D A T A L L T I L E D W A L L S . x A L L D I M E N S I O N S A R E T O F A C E O F F I N I S H E D S U R F A C E U N L E S S O T H E R W I S E N O T E D . x O U T S I D E E D G E O F A L L D O O R F R A M E S I N M T L . S T U D W A L L S T O B E P L A C E D 3 " F R O M A D J A C E N T W A L L U N L E S S O T H E R W I S E D I M E N S I O N E D . x O U T S I D E E D G E O F A L L D O O R F R A M E S I N M A S O N R Y W A L L S T O B E P L A C E D 4 " F R O M A D J A C E N T W A L L U N L E S S O T H E R W I S E D I M E N S I O N E D . x A L L M A S O N R Y W A L L S W H I C H A R E N O T F I L L E D S O L I D W / G R O U T S H A L L B E F I L L E D S O L I D W I T H C O R E - F I L L 5 0 0 I N S U L A T I O N . x A L L E X T E R I O R S T U D W A L L S S H A L L B E F I L L E D W I T H B A T T . I N S U L A T I O N W I T H T H E H I G H E S T R - V A L U E A V A I L A B L E T O F I L L T H E C A V I T Y T H I C K N E S S - R - 2 1 M I N I M U M . x A L L F I R E - R A T E D W A L L S S H A L L B E C A U L K E D & S E A L E D A T P E N E T R A T I O N S I N A C C O R D A N C E W I T H I T ' S R E Q U I R E D R A T I N G - U . L . A P P R O V E D S Y S T E M . x A L L G Y P S U M B O A R D W A L L S T O B E P R E P A R E D W I T H A L E V E L - 4 F I N I S H I N A C C O R D A N C E W I T H T H E G Y P S U M A S S O C I A T I O N . A L L S H O W R O O M W A L L S , R A D I U S E D / C U R V E D W A L L S , W A L L S S C H E D U L E D T O R E C E I V E W A L L C O V E R I N G S , A N D W A L L S S C H E D U L E D T O R E C E I V E A C C E N T P A I N T T O B E P R E P A R E D W I T H A L E V E L - 5 F I N I S H . x P R O V I D E S O L I D W O O D B L O C K I N G I N W A L L S F O R C A B I N E T R Y , T O I L E T R O O M A C C E S S O R I E S , H A N D R A I L S , A / V E Q U I P M E N T , E T C . . . C O O R D I N A T E W I T H A R C H I T E C T A N D O W N E R O N F I N A L L O C A T I O N S . x A L L F L O O R E L E V A T I O N S A R E M E A S U R E D T O T O P O F F L O O R S L A B / S H E A T H I N G U N L E S S N O T E D O T H E R W I S E . 0 0 1 ? ? ? ? ? SCALE:FIRST FLOOR PLAN1/8"=1'-0"2A-1.0 & ' / 1 . + 6 + 1 0   2 . # 0  ) ' 0   0 1 6 ' 5 x T H E S E D R A W I N G S A R E T O B E U S E D I N C O N J U N C T I O N W I T H T H E W R I T T E N S P E C I F I C A T I O N B O O K I S S U E D A S T H E C O M B I N E D C O N S T R U C T I O N D O C U M E N T S P A C K A G E . G C S H A L L N O T I F Y T H E A R C H I T E C T D U R I N G T H E B I D D I N G P R O C E S S I F T H E R E I S A D I S C R E P A N C Y B E T W E E N T H E D R A W I N G S A N D S P E C I F I C A T I O N B O O K . x T H E C O N T R A C T O R I S T O P R O V I D E A L L W O R K S H O W N O N T H E D R A W I N G S O R I N F E R A B L E T H E R E F R O M . T H E W O R K I S T O B E C O M P L E T E A N D F I N I S H E D I N A T I M E L Y M A N N E R . A L L W O R K I S T O B E P E R F O R M E D I N A C C O R D A N C E W I T H A L L A P P L I C A B L E C O D E S . x T H E S P A C E S H A L L B E I N S P E C T E D B Y T H E C O N T R A C T O R A N D S U B C O N T R A C T O R S T O R E V I E W T H E E X T E N T O F T H E D E M O L I T I O N O F T H E F L O O R S , C E I L I N G S , P A R T I T I O N S , M E C H A N I C A L , P L U M B I N G , A N D E L E C T R I C A L W O R K . A L L D E F I C I E N C I E S O R C O N C E R N S S H A L L B E R E P O R T E D T O T H E O W N E R A N D A R C H I T E C T I N W R I T I N G P R I O R T O S U B M I T T I N G A B I D F O R W O R K . F A I L U R E T O N O T I F Y S A M E S H A L L C O N S T I T U T E A C C E P T A N C E O F T H E C O N T R A C T D O C U M E N T S A N D A C K N O W L E D G M E N T O F A L L E X I S T I N G C O N D I T I O N S . x A L L A R E A S A D J A C E N T T O T H E W O R K A R E A S S H A L L B E P R O T E C T E D D U R I N G D E M O L I T I O N , A N D , I F D A M A G E D D U R I N G D E M O L I T I O N , S H A L L B E R E P L A C E D O R R E S T O R E D T O T H E O R I G I N A L C O N D I T I O N . x T H E S I T E A N D B U I L D I N G S H A L L B E K E P T I N A N O R D E R L Y M A N N E R A T A L L T I M E S . A L L D E B R I S S H A L L B E R E M O V E D F R O M T H E S I T E A N D D I S P O S E D O F L E G A L L Y . A R E A S O F C O N S T R U C T I O N S H A L L B E B R O O M S W E P T C L E A N E V E R Y D A Y . T H E C O N T R A C T O R S H A L L I N V E S T I G A T E T H E S I T E F O R T H E P R E S E N C E O F A S B E S T O S A N D L E A D . I F F O U N D , M A T E R I A L S C O N T A I N I N G A S B E S T O S A N D L E A D S H A L L B E R E M O V E D A N D D I S P O S E D O F I N A C C O R D A N C E W I T H A L L A P P L I C A B L E F E D E R A L A N D L O C A L L A W S . x D O N O T R E M O V E A N Y B E A R I N G W A L L S , C O L U M N S O R B E A M S . I F A N Y B E A R I N G W A L L S , C O L U M N S O R B E A M S A R E D I S T U R B E D , N O T I F Y T H E O W N E R A N D A R C H I T E C T I M M E D I A T E L Y F O R I N S P E C T I O N . x P R O T E C T S T R U C T U R A L I N T E G R I T Y O F E X I S T I N G S T R U C T U R E A S N E C E S S A R Y D U R I N G C O N S T R U C T I O N A N D A S A C C E P T A B L E T O L O C A L G O V E R N M E N T A G E N C I E S A N D C O D E S . x A L L I N T E R I O R P A R T I T I O N S , F R A M E S , D O O R S , G L A Z I N G , M I L L W O R K , F U R R E D W A L L S , B L I N D S A N D F L O O R I N G S H A L L B E R E M O V E D A S I N D I C A T E D O N T H E D R A W I N G S . T H E F L O O R G E N E R A L L Y C O N S I S T S O F O N E L A Y E R O F C E R A M I C T I L E O R C A R P E T A N D C O N C R E T E . C E R A M I C T I L E O C C U R S I N T H E B A T H R O O M S . T I L E A N D C A R P E T S H A L L B E R E M O V E D D O W N T O T H E O R I G I N A L S L A B W H E R E I N D I C A T E D O N D R A W I N G S . T H E F I N A L S L A B S H A L L B E M A D E S M O O T H A N D R E A D Y F O R N E W F I N I S H . T H E C E I L I N G G E N E R A L L Y C O N S I S T S O F S U S P E N D E D A C O U S T I C A L C E I L I N G T I L E . A L L R E M A I N I N G P E R I M E T E R W A L L S S H A L L B E M A D E S M O O T H A N D F R E E O F A L L W A L L F A B R I C A N D W A L L T I L E ( I N T E R I O R A N D E X T E R I O R ) . x R E M O V E M A S O N R Y F O R N E W O P E N I N G S A S S H O W N O N D R A W I N G S A N D P A T C H F L O O R O R A S O T H E R W I S E I N D I C A T E D . S E E S T R U C T U R A L D R A W I N G S F O R L I N T E L S C H E D U L E . x T H E C O N T R A C T O R I S R E S P O N S I B L E F O R X - R A Y ' I N G T H E E X I S T I N G F L O O R S L A B P R I O R T O T R E N C H I N G F O R A N Y I N - S L A B U T I L I T I E S . T H E O W N E R W I L L N O T A C C E P T A N Y C H A N G E R E Q U E S T S I F T H E C O N T R A C T O R F A I L S T O P E R F O R M T H I S E X P L O R A T I O N . & ' / 1 . + 6 + 1 0  2 . # 0  - ' ; 0 1 6 ' 5 0 0 1 ? ? ? ? ? ( . 1 1 4  2 . # 0  . ' ) ' 0 & E X I S T I N G M A S O N R Y W A L L T O R E M A I N E X I S T I N G D O O R & F R A M E T O R E M A I N E X I S T I N G M E T A L S T U D & G Y P S U M B O A R D W A L L T O B E R E M O V E D E X I S T I N G D O O R & F R A M E T O B E R E M O V E D E X I S T I N G M A S O N R Y W A L L T O B E R E M O V E D N E W M E T A L S T U D & G Y P S U M B O A R D P A R T I T I O N W A L L E X I S T I N G M E T A L S T U D & G Y P S U M B O A R D W A L L T O R E M A I N 0' - 0" FI N . S L A B 0' -0"FIN. SLAB 18 ' - 0" T. O . M A S O N R Y 22' -0"T.O. PARAPET 39 ' - 4" T. O . P A R A P E T 0' - 0" FI N . S L A B 0' -0"FIN. SLAB18' -0"T.O. MASONRY 39 ' - 4" T. O . P A R A P E T 0' - 0" FI N . S L A B 0' -0"FIN. SLAB 18 ' - 0" T. O . M A S O N R Y 22' -0"T.O. PARAPET39' -4"T.O. PARAPET Anaheim Toyota CarwashElevations 1" = 1 0 ' - 0 " 1 WE S T E L E V A T I O N 1" = 1 0 ' - 0 " 2 NO R T H E L E V A T I O N 1" = 1 0 ' - 0 " 3 SO U T H E L E V A T I O N Existing dealership as seen from Medical Center Drive ATTACHMENT NO. 7 Existing dealership as seen from the east approach to service dropoff Existing dealership as seen from northern property line Area of proposed improvements as seen from the north Area of proposed improvements as seen from the north (photo #2) West face of existing building in vicinity of proposed improvements Area of proposed improvements as seen from the south Area of proposed improvements as seen from the south (photo #2) Area of proposed improvements as seen from the southwest Area of proposed improvements as seen from the west Area of proposed improvements as seen from the northwest 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: APRIL 15, 2019 SUBJECT: AMENDMENT NO. 5 TO THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 LOCATION: The Anaheim GardenWalk Project Site is approximately 29.1 acres and located between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue. The Westgate Timeshare Project Site is approximately 3.9 acres of airspace above the Anaheim GardenWalk parking structure. APPLICANT/PROPERTY OWNER: The applicant and property owner is Westgate Resorts Anaheim LLC (Westgate Resorts) and the agent is Grant Henninger of Mobius Planning. REQUEST: The applicant is requesting an amendment to the Second Amended and Restated Development Agreement No. 99-01 (Development Agreement 99-01), as it pertains to the required start of construction date for the Vacation Ownership Resort that was previously-approved as part of the Anaheim GardenWalk Project. The applicant proposes to extend the time to begin construction from March 23, 2019 to October 1, 2021. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that the previously-approved Disneyland Resort Specific Plan Environmental Impact Report No. 311, Pointe Anaheim Initial Study and Mitigated Negative Declaration (IS/MND), and associated Addenda, are the appropriate environmental documentation for this request; and, recommending City Council approval of Amendment No. 5 to the Second Amended and Restated Development Agreement No. 99-01. BACKGROUND: In June 1999, the City Council approved amendments to the Anaheim General Plan, The Disneyland Resort Specific Plan, Anaheim Municipal Code and Anaheim Resort Public Realm Landscape Program; and approved Conditional Use Permit No. 4078 and Development Agreement No. 99-01 to allow for development of the Pointe Anaheim Project, comprised of the following:  Up to 565,000 gross square feet of retail/dining/entertainment space;  Two or three hotels with a maximum of 1,050 hotel rooms/suites and related accessory retail uses, with a maximum area of 923,800 sf;  A multiplex theater including either 4,600 seats for live performances or 4,757 seats for movies;  A parking structure with approximately 4,800 parking spaces; DEVELOPMENT AGREEMENT NO. 99-01 April 15, 2019 Page 2 of 5  Approximately 141,200 sf of open-air family entertainment space on the top floor of the parking structure; and,  A bus terminal for airport transport and sightseeing. Since the original project approval, the City Council and/or Planning Commission have amended the entitlements for this project several times, including four amendments to the Second Amended and Restated Development Agreement and two amendments to the First Amended and Restated Development Agreement, and the project name has changed to Anaheim GardenWalk. Current entitlements allow:  Up to up to 590,265 square feet of specialty retail, restaurants, and entertainment space, including movie theaters;  1,628 hotel rooms/suites, including up to 500 vacation ownership units, and 278,817 square feet of hotel accessory uses;  4,800 parking spaces; and,  A bus terminal for airport transport and sightseeing The City implements these development intensities through the Anaheim GardenWalk Overlay of the DRSP. The overlay is comprised of two development areas, shown on the map below. Proposed  Vacation  Ownership  Resort DEVELOPMENT AGREEMENT NO. 99-01 April 15, 2019 Page 3 of 5 Development Agreement No. 99-01 pertains to development within Area A. The Anaheim GardenWalk Overlay allows the following development within this area:  Three hotels o Up to 1,266 rooms, including 400 vacation ownership units o Up to 216,820 square feet of hotel accessory uses  Retail/Dining/Entertainment o 133,683 square feet of specialty retail o 148,188 square feet of dining uses o 178,244 square feet of entertainment uses  Parking o 3,200 auto spaces o 15 bus spaces The following development milestones for Area A are complete or are in process:  Construction of the retail/dining/entertainment uses and the associated parking structure is complete (referred to in this report as “the Anaheim GardenWalk shopping center”).  A 466-room JW Marriott hotel is currently under construction and is anticipated to be completed in Spring of 2020.  The Planning Commission approved a Final Site Plan for a seven-story, 400-unit vacation ownership resort over the existing parking structure in 2007 and staff approved a Minor Amendment to the Final Site Plan in 2014. The developer submitted construction plans for the Vacation Ownership Resort to the Building Division in 2016. The property owner has not yet resubmitted construction plans reflecting the City’s comments. Development Agreement 99-01 currently requires the following remaining development milestones:  Construction of a 400-unit Vacation Ownership Resort to begin by March 23, 2019.  Construction of a hotel with the remaining permitted hotel rooms (up to 400) to begin by November 11, 2022 In May 2013, the City entered into an Economic Assistance Agreement (EAA) with the owner of properties planned for the two hotel developments, such that construction and operation of luxury hotels would entitle the applicant to a rebate of a portion of their transient occupancy taxes for up to 20 years. EAAs are not under the purview of the Planning Commission. The hotels parcels and vacation ownership parcel are owned by different entities; there is no EAA associated with the Vacation Ownership Resort. DEVELOPMENT AGREEMENT NO. 99-01 April 15, 2019 Page 4 of 5 PROPOSAL: The applicant proposes an amendment to Development Agreement No. 99-01, to extend the time to begin construction of the Vacation Ownership Resort from March 23, 2019 to October 1, 2021 (approximately 30 months). As indicated in the attached letter of request, the applicant is making this request due to the recent change in ownership of the Anaheim GardenWalk shopping center, which occurred in December 2018. The applicant, Westgate Resorts, was in discussion with the prior owner regarding design, engineering, and construction of the Vacation Ownership Resort. The sale of the Anaheim GardenWalk shopping center put these discussions on hold. Coordination between the applicant and the shopping center are important because the applicant will be constructing the Vacation Ownership Resort above the existing parking structure, which will serve both the Anaheim GardenWalk shopping center and the Vacation Ownership Resort. ANALYSIS: Anaheim has adopted Resolution No. 82R-565, which establishes the procedures and requirements for the consideration of a development agreement. The intent of a development agreement is to provide a property owner with the certainty that they may proceed with a project in accordance with the policies, rules and regulations in place at the time the City Council approve the development agreement. The development agreement ensures that no new policies, rules or regulations, not identified as an exception in the agreement, would apply to the project. The City Council may approve development agreements for projects that meet at least one of the following criteria: 1. The project shall occupy at least 50 acres; 2. The project will result in the construction of a least 250 dwelling units, 250,000 square feet of commercial-office space or 250,000 square feet of industrial space; 3. The project will be constructed in phases over an anticipated period of not less than 5 years; or, 4. The Planning Director finds that the public health, safety or general welfare of the citizens of Anaheim will best be served by accepting an application for consideration by the Planning Commission and City Council. As indicated in the background section of this staff report, Anaheim GardenWalk meets at least two of these criteria because it: 1. Consists of more than 250,000 square feet of commercial space and 2. Has already taken more than five years to construct and will be constructed in several phases. The Planning Commission’s role in the approval or amendment of a development agreement is to make a recommendation to the City Council based on whether the development agreement or a proposed amendment is: 1. Consistent with the General Plan and any applicable specific plan; 2. Compatible with the uses authorized in and the regulations prescribed for the applicable zoning district; 3. Compatible with the orderly development of the property in surrounding area; and 4. Is not otherwise detrimental to the health, safety and general welfare of the citizens of Anaheim. DEVELOPMENT AGREEMENT NO. 99-01 April 15, 2019 Page 5 of 5 In that the proposed amendment does not change any of the land uses currently permitted for the Anaheim GardenWalk project and merely extends the outside date for commencement of construction, staff determined that the proposed amendment meets the above criteria. Environmental Review Attachment No. 4 provides an environmental impact analysis of the proposed amendment to Development Agreement No. 99-01. The analysis concludes that the proposed amendment does not necessitate additional environmental review. The analysis concludes the time extension will not result in new or substantially more severe impacts than previously evaluated by The Disneyland Resort Specific Plan Environmental Impact Report No. 311, Pointe Anaheim IS/MND, and subsequent addenda and/or require additional mitigation measures. Furthermore, there is no new information of substantial importance, which the City, as the Lead Agency, did not know and could not have known with the exercise of reasonable diligence at the time of the certification and approval of these documents that triggers the need for the preparation of subsequent environmental review. CONCLUSION: In recognition of the recent sale of the Anaheim GardenWalk shopping center, and the applicant’s assertion of the importance of coordination between Westgate Resorts and the owner of the parking structure on which the applicant would construct the Vacation Ownership Resort, staff recommends approval of this request to amend Development Agreement No. 99-01 to extend the timeframe for construction of the Vacation Ownership Resort. Prepared by, Submitted by, Elaine Thienprasiddhi Susan Kim Senior Planner Principal Planner Attachments: 1. Draft Resolution 2. Amendment No. 5 to Second Amended and Restated Development Agreement No. 99-01 3. Letter of Request 4. Environmental Impact Analysis 5. Development Agreement No. 99-01 SP 92-1(GW OVERLAY - AREA B)ANAHEIM PLAZAHOTEL SP 92-2DA1CASTLE INN& SUITES SP 92-2DA1VACANT SP 92-2DA1ANAHEIM RESORTRETAIL CENTER SP 92-2DA1RAMADA PLAZA HOTELANAHEIM RESORT SP 92-2DA1SUPER 8MOTEL SP 92-1DEV2010-00166IGARDENWALK PARKING STRUCTURE PROPOSED VACATIONOWNERSHIP RESORT SP 92-1(GW OVERLAY - AREA B)ANAHEIM PLAZAHOTEL SP 92-2DA1HOLIDAY INNEXPRESS ANAHEIM SP 92-2DA1AMERICA'S BEST VALUEINN & SUITES SP 92-1DA3AFIRE STATION SP 92-1(GW OVERLAY - AREA A)GARDENWALK SP 92-1(GW OVERLAY - AREA A)GARDENWALK SP 92-1(GW OVERLAY - AREA A)GARDENWALK SP 92-1(GW OVERLAY - AREA A)GARDENWALK W DISNEY WAY W KATELLA AVE S . H A R B O R B L V D S . L E W I S S T W. KATELLA AVE W. ORANGEWOOD AVE S . W A L N U T S T S . N I N T H S T E. KATELLA AVE S . A N A H E I M B L V D S . H A S T E R S T E. GENE AUTRY WAY E. ORANGEWOOD AVE D E V N o . 2 0 1 0 -0 0 16 6 I Subject Property Anaheim Gardenwalk APN: 082-551-07 °0 50 100 Feet Th e An a h e i m G a r d e n wa l k SP 92-1DA3ASOUTHERN CALIFORNIA EDISON CO. EASEMENT W DISNEY WAY W KATELLA AVE S . H A R B O R B L V D S . L E W I S S T W. KATELLA AVE W. ORANGEWOOD AVE S . W A L N U T S T S . N I N T H S T E. KATELLA AVE S . A N A H E I M B L V D S . H A S T E R S T E. GENE AUTRY WAY E. ORANGEWOOD AVE D E V N o . 2 0 1 0 -0 0 16 6 I Subject Property APN: 082-551-07 °0 50 100 Feet May 2018 Th e An a h e i m G a r d e n wa l k [DRAFT] ATTACHMENT NO. 1 -1- PC2019-*** RESOLUTION NO. PC2019-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENT NO. 5 TO THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 BY AND BETWEEN THE CITY OF ANAHEIM AND WESTGATE RESORTS ANAHEIM LLC AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (DEVELOPMENT AGREEMENT NO. 99-01) WHEREAS, the City and Anaheim GW, LLC, a Delaware limited liability company, (the “Original Developer”) entered into the Second Amended and Restated Development Agreement No. 99-01 dated as of April 11, 2006, and recorded in the Official Records of Orange County California on June 2, 2006, as Instrument No. 2006000373943 (the “Development Agreement”) with respect to the real property generally described and depicted in the legal description and map attached hereto as Exhibit A and incorporated by this reference (the “Property”); and WHEREAS, the Original Developer assigned the Development Agreement with respect to the Parking Structure No. 1, Retail No. 1 and Vacation Ownership Resort No. 1 to Anaheim GW II, LLC, a Delaware limited liability company (“Anaheim GW II”) pursuant to the Partial Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of January 31, 2007, and recorded in the Official Records of Orange County California on February 7, 2007, as Instrument No. 2007000092571; and WHEREAS, the Original Developer assigned, and GardenWalk Hotel I, LLC, a California limited liability company (“GardenWalk Hotel”) assumed, the Development Agreement with respect to the Hotel Property and the Hotels pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-1 dated as of July 19, 2007 and recorded in the Official Records of Orange County, California on July 19, 2007 as Instrument No. 2007000453402; and WHEREAS, Anaheim GW II assigned the Development Agreement with respect to the Timeshare Parcel and the Vacation Ownership Resort No. 1 to Westgate Resorts pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99- 01 dated as of February 29, 2008, and recorded in the Official Records of Orange County California on March 6, 2008, as Instrument No. 2008000105443; and WHEREAS, the Development Agreement addresses, among other things, the Developer’s construction of the Project in phases, requiring that the Developer commence construction of the various Project Elements within certain time frames; and WHEREAS, in 2010, GardenWalk Hotel and Westgate Resorts requested that the City amend the Development Agreement (i) to redefine Hotel No. 1, Hotel No. 2 and Hotel No. 3 as one (1) Project Element consisting of two (2) Hotels (“Hotels 1 and 2”) totaling, approximately -2- PC2019-*** eight hundred sixty-six (866) Hotel Rooms in the aggregate, (ii) to require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2011 and (iii) to require the Commencement of Construction of Vacation Ownership No. 1 to occur on or before March 23, 2019. Accordingly, the Development Agreement was amended by that certain Amendment No. 1 to Second Amended and Restated Development Agreement No. 99-01 dated as of March 1, 2010, and recorded in the Official Records of Orange County California on July 19, 2010, as Instrument No. 2010000341657 (“Amendment No. 1”); and WHEREAS, GardenWalk Hotel thereafter requested that the City further amend the Development Agreement, Amendment No. 2 to the Second Amended and Restated Development Agreement No. 99-01 dated as of July 1, 2010 and recorded in the Official Records of Orange County on August 17, 2011, as Instrument No. 2011000406499 (“Amendment No. 2”), to require the Commencement of Construction of Hotels 1 and 2 occur on or before May 26, 2013 and the Completion of Construction and Opening for Business (as defined in Amendment No. 2) occur no later than 36 months after the Commencement of Construction of the Hotels; and WHEREAS, as the successor in interest to Anaheim GW II, Katella Anaheim Retail, LLC (“Katella Anaheim”), thereafter requested an amendment to the Development Agreement, Amendment No. 3 to the Second Amended and Restated Development Agreement No. 99-01, dated as of August 23, 2011 and recorded in the Official Records of Orange County on September 16, 2011, as Instrument No. 2011000459373 (“Amendment No. 3”), to make changes to the mix of uses and the square footage of Retail No. 1; and WHEREAS, GardenWalk Hotel thereafter requested that the City further amend the Development Agreement, Amendment No. 4 to the Second Amended and Restated Development Agreement No. 99-01, dated as of June 4, 2013 and recorded in the Official Records of Orange County on June 10, 2013, as Instrument No. 2013000350713 (“Amendment No. 4”), to require that the Commencement of Construction of the Hotels occur on or before May 26, 2015, unless Developer elects to phase the construction of the Hotels, in which event, GardenWalk Hotel will be allowed to commence construction of the first Hotel on or before May 26, 2015, and to commence construction of the second hotel if at all, no later than November 26, 2019. In connection with Amendment No. 4, the City Council approved that certain Addendum to the Pointe Anaheim Initial Study/Mitigated Negative Declaration, dated March 27, 2013 (the “2013 Addendum”), which shall be included in the “Existing Approvals” under the Development Agreement; and WHEREAS, unless otherwise defined in this Amendment No. 5, all capitalized terms shall have the meanings ascribed to such terms in the Development Agreement, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3 and Amendment No. 4. Copies of the Development Agreement are available as a public record in the office of the City Clerk located at 200 South Anaheim Boulevard, Anaheim, California; and WHEREAS, Pursuant to Section 7.5 of the Development Agreement, on February 12, 2019, Westgate Resorts submitted an application to amend the Development Assurances, set forth in paragraphs (c) and (d) of Section 3.1.1 of the Development Agreement to require the Commencement of Construction of Vacation Ownership No. 1 to occur on or before October 1, 2021. In response to the request, Amendment No. 5 to the Amended and Restated Development -3- PC2019-*** Agreement No. 99-01 (“Amendment No. 5”), which is attached hereto as Exhibit B and incorporated herein by this reference, was prepared; and WHEREAS, pursuant City Council Resolution No. 82R-565 (the “Procedures Resolution”), which was adopted by the City Council on November 23, 1982, the Planning Commission shall provide a recommendation to the City Council with regard to Amendment No. 5 to the Development Agreement; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq. herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents; and WHEREAS, pursuant to CEQA and the CEQA Guidelines, when a lead agency has certified an Environmental Impact Report (EIR) or adopted a negative declaration for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, based on substantial evidence in the light of the whole record, one or more of the thresholds set forth in CEQA Guidelines Section 15162 have been met. The prior environmental documentation prepared for the Pointe Anaheim/GardenWalk Project includes: The Disneyland Resort Specific Plan Environmental Impact Report No. 311 (herein referred to as the "Final EIR"), the 1999 Pointe Anaheim Initial Study and Mitigated Negative Declaration (herein referred to as the "IS/MND"), the 2001 First Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration (herein referred to as the "First Addendum"), the 2006 Second Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration (herein referred to as the "Second Addendum"), the 2011 Third Addendum to the Pointe Anaheim Initial Study/Mitigated Negative Declaration Anaheim GardenWalk Project (herein referred to as the "Third Addendum"), the 2013 Fourth Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration, dated March 27, 2013 (herein referred to as the "Fourth Addendum"), and the 2015 Fifth Addendum, all of which were prepared pursuant to the provisions of Section 15164 of the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines") in order to determine whether any significant environmental impacts which were not identified in the previously-approved IS/MND would result or whether previously identified significant impacts would be substantially more severe in connection with the amendments to the Second Amended and Restated Development Agreement No. 99-01. The Final EIR, the IS/MND, the First Addendum, the Second Addendum, the Third Addendum, the Fourth Addendum and the Fifth Addendum, which together with the related Mitigation Monitoring Programs, shall be referred to herein collectively as the "CEQA Documents"; WHEREAS, based upon the evidence submitted and as demonstrated by the analysis included in the CEQA Documents, the revisions to the term extension milestones associated with the Development Agreement will not extend the term of the Development Agreement or increase unit count, but simply will extend the time for the commencement of construction. As such, Amendment No. 5 is a minor change to the Development Agreement. Therefore, the approval of -4- PC2019-*** Amendment No. 5 to the Development Agreement and does not necessitate additional environmental review because it will not result in new or substantially more severe impacts that were not previously evaluated and/or require additional mitigation measures, and there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time EIR No. 311, the Pointe Anaheim Initial Study and Mitigated Negative Declaration (IS/MND), and associated Addenda were approved that triggers the need for the preparation of subsequent environmental review. The analysis in the CEQA Documents included anticipated build-out contemplated by the Development Agreement and remain relevant and retain informational value as to the Anaheim GardenWalk Project; and WHEREAS, on April 15, 2018, the Planning Commission did hold a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony concerning the contents of Amendment No. 5 to the Development Agreement and to investigate and make findings in connection therewith; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the Planning Commission considered all factors relating to Amendment No. 5 to the Development Agreement; and WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the action taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentation, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the testimony, evidence and reports offered at said hearing, does find and determine that proposed Amendment No. 5 to the Second Amended and Restated Development Agreement No. 99-01, in the form presented at this meeting, meets all of the standards and requirements set forth in the Procedures Resolution, that is: 1. The proposed Amendment No. 5 is consistent with the City’s General Plan in that it is in conformance with the General Plan Commercial Recreation land use designation and with the goals, policies and objectives for The Disneyland Resort Specific Plan as set forth in the General Plan. 2. The proposed Amendment No. 5 is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district in that the proposed Amendment No. 5 is in compliance with the Disneyland Resort Anaheim GardenWalk Overlay requirements. -5- PC2019-*** 3. The proposed Amendment No. 5 is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Disneyland Resort Specific Plan Land Use Plan and the Anaheim GardenWalk Overlay Zone requirements. 4. The proposed Amendment No. 5 is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. The proposed Amendment No. 5 constitutes a lawful, present exercise of the City’s police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6. The proposed Amendment No. 5 is entered into pursuant to and is in compliance with the City’s charter powers and the requirements of Section 65867 of California Government Code and the Procedures Resolution. BE IT FURTHER RESOVED that based on the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council approve Amendment No. 5 to Second Amended and Restated Development Agreement No. 99-01, in the form presented at this meeting. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon Westgate Resorts’ compliance with each and all of the conditions set forth in the Development Agreement, as amended by Amendment No. 5. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 15, 2019. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -6- PC2019-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on April 15, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of April, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 131948/LM -7- PC2019-*** Exhibit A Legal Description and Map [ATTACHED] -8- PC2019-*** EXHIBIT B Amendment No. 5 to the Second Amended and Restated Development Agreement No. 99-01 [ATTACHED] RECORDING REQUESTED BY AND, WHEN RECORDED, MAIL TO: City of Anaheim P.O. Box 3222 200 S. Anaheim Boulevard, Second Floor Anaheim, California 92805 Attn: City Clerk _____________________________________________________________________________________ [SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY.] EXEMPT FROM FEES PURSUANT TO CALIFORNIA GOVERNMENT CODE §272383 AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 by and between CITY OF ANAHEIM, a municipal corporation and WESTGATE RESORTS ANAHEIM LLC, a Florida limited liability company 1 AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 This AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 (this “Amendment No. 5”) dated for purposes of identification only as of _____________ (the “Date of this Amendment No. 5”), is made and entered into between the CITY OF ANAHEIM, a municipal corporation and charter city (“City”), on one hand and WESTGATE RESORTS ANAHEIM LLC, a Florida limited liability company (“Westgate Resorts”), on the other hand. RECITALS A. The City and Anaheim GW, LLC, a Delaware limited liability company, (the “Original Developer”) entered into the Second Amended and Restated Development Agreement No. 99-01 dated as of April 11, 2006, and recorded in the Official Records of Orange County California on June 2, 2006, as Instrument No. 2006000373943 (the “Development Agreement”) with respect to the real property described in the “Legal Descriptions” which are attached as Exhibit A and incorporated by this reference. B. The Original Developer assigned the Development Agreement with respect to the Parking Structure No. 1, Retail No. 1 and Vacation Ownership Resort No. 1 to Anaheim GW II, LLC, a Delaware limited liability company (“Anaheim GW II”) pursuant to the Partial Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of January 31, 2007, and recorded in the Official Records of Orange County California on February 7, 2007, as Instrument No. 2007000092571. C. The Original Developer assigned, and GardenWalk Hotel assumed, the Development Agreement with respect to the Hotel Property and the Hotels pursuant to that certain Partial Assignment of Second Amended and Restate Development Agreement No. 99-01 dated as of July 19, 2007 and recorded in the Official Records of Orange County California on July 19, 2007, as Instrument No. 2007000453402. D. Anaheim GW II assigned the Development Agreement with respect to the Timeshare Parcel and the Vacation Ownership Resort No. 1 to Westgate Resorts pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of February 29, 2008, and recorded in the Official Records of Orange County California on March 6, 2008, as Instrument No. 2008000105443. E. The Development Agreement addresses, among other things, the Developer’s construction of the Project in phases, requiring that the Developer commence construction of the various Project Elements within certain time frames. F. In 2010, GardenWalk Hotel and Westgate Resorts requested that the City amend the Development Agreement (i) to redefine Hotel No. 1, Hotel No. 2 and Hotel No. 3 as one (1) Project Element consisting of two (2) Hotels (“Hotels 1 and 2”) totaling, approximately eight hundred sixty-six (866) Hotel Rooms in the aggregate, (ii) to require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2011 and (iii) to require the Commencement of Construction of Vacation Ownership No. 1 to occur on or before March 23, 2  2019. Accordingly, the Development Agreement was amended by that certain Amendment No. 1 to Second Amended and Restated Development Agreement No. 99-01 dated as of March 1, 2010, and recorded in the Official Records of Orange County California on July 19, 2010, as Instrument No. 2010000341657 (“Amendment No. 1”). G. GardenWalk Hotel thereafter requested that the City further amend the Development Agreement, Amendment No. 2 to the Second Amended and Restated Development Agreement No. 99-01 dated as of July 1, 2010 and recorded in the Official Records of Orange County on August 17, 2011, as Instrument No. 2011000406499 (“Amendment No. 2”), to require the Commencement of Construction of Hotels 1 and 2 occur on or before May 26, 2013 and the Completion of Construction and Opening for Business (as defined in Amendment No. 2) occur no later than 36 months after the Commencement of Construction of the Hotels. H. As the successor in interest to Anaheim GW II, Katella Anaheim Retail, LLC (“Katella Anaheim”), thereafter requested an amendment to the Development Agreement, Amendment No. 3 to the Second Amended and Restated Development Agreement No. 99-01, dated as of August 23, 2011 and recorded in the Official Records of Orange County on September 16, 2011, as Instrument No. 2011000459373 (“Amendment No. 3”), to make changes to the mix of uses and the square footage of Retail No. 1. I. GardenWalk Hotel thereafter requested that the City further amend the Development Agreement, Amendment No. 4 to the Second Amended and Restated Development Agreement No. 99-01, dated as of June 4, 2013 and recorded in the Official Records of Orange County on June 10, 2013, as Instrument No. 2013000350713 (“Amendment No. 4”), to require that the Commencement of Construction of the Hotels occur on or before May 26, 2015, unless Developer elects to phase the construction of the Hotels, in which event, GardenWalk Hotel will be allowed to commence construction of the first Hotel on or before May 26, 2015, and to commence construction of the second hotel if at all, no later than November 26, 2019. In connection with Amendment No. 4, the City Council approved that certain Addendum to the Pointe Anaheim Initial Study/Mitigated Negative Declaration, dated March 27, 2013 (the “2013 Addendum”), which shall be included in the “Existing Approvals” under the Development Agreement. J. Unless otherwise defined in this Amendment No. 5, all capitalized terms shall have the meanings ascribed to such terms in the Development Agreement, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3 and Amendment No. 4. Copies of the Development Agreement are available as a public record in the office of the City Clerk located at 200 South Anaheim Boulevard, Anaheim, California. K. Westgate Resorts has requested the City amend the Development Assurances, set forth in paragraphs (c) and (d) of Section 3.1.1 of the Development Agreement to require the Commencement of Construction of Vacation Ownership No. 1 to occur on or before October 1, 2021. L. The City and Westgate Resorts (each, a “Party” and collectively, the “Parties”) intend, in this Amendment No. 5, to amend the Development Agreement as stated in Recital K. 3  NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: SECTION 1. AMENDMENT OF DEVELOPMENT AGREEMENT. The Development Assurances set forth in paragraph (d) of Section 3.1.1. of the Development Agreement is deleted and replaced with the following: (d) Westgate Resorts, as Developer, shall Commence Construction of Vacation Ownership Resort No. 1 on or before October 1, 2021 and shall Complete Construction and Open for Business no later than twenty-four (24) months after Commencement of Construction of Vacation Ownership Resort No. 1. SECTION 2. AMENDMENT OF DEVELOPMENT AGREEMENT. The Conditions of Approval Relating to Vacation Ownership Resort No. 1 set forth in Section 2.2 of the Development Agreement is deleted and replaced with the following: 2.2 Conditions of Approval Relating to Vacation Ownership Resort No. 1. To the extent any of the Conditions of Approval contain any deadlines for the Commencement of Construction of Vacation Ownership Resort No. 1, such deadlines shall be extended to October 1, 2021. The amendment of the Development Assurances in Section 1.1 of this Amendment No. 5 as those amendments relate to Section 3.1.1 (d) of the Development Agreement and the amendment of the Conditions of Approval set forth in the preceding sentence of this Section 1.2 are hereby subject to the following conditions: On or before June 14, 2010, Westgate Resorts shall submit to the City a screening plan for the exposed rebar on the upper deck of Parking Structure No. 1 which is visible from the ground consisting of painted plywood secured to such upper deck and generally consistent with the screening existing on the southerly edge of upper deck as of the Date of this Amendment No. 5 (the "Screening Plan") for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. On or before September 30, 2010, Westgate Resorts shall implement the City-Approved Screening Plan. SECTION 2. INTEGRATION. Except as expressly provided to the contrary herein, all provisions of the Development Agreement, as amended, remains in full force and effect. The Development Agreement and this Amendment No. 5 are collectively referred to as the “Agreement”. The Agreement integrates all of the terms and conditions of agreement between the Parties and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof. SECTION 3. EFFECTIVE DATE. This Amendment No. 5 shall take effect upon the date the ordinance of the City Council of the City approving this Amendment No. 5 takes place. (Signatures shown on following page) Signature Page to Amendment No. 5 to Second Amended and Restated Development Agreement No. 99-01 IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT NO. 5 OF THE RESPECTIVE DATES STATED BELOW. “CITY” CITY OF ANAHEIM a municipal corporation and charter city Dated: By: Mayor of the City of Anaheim Mayor Harry S. Sidhu ATTEST CITY CLERK FOR THE CITY OF ANAHEIM By: Name: Theresa Bass APPROVED AS TO FORM: CITY ATTORNEY By: Name: Robert Fabela 131927 (Signatures continue on following page) Signature Page to Amendment No. 5 to Second Amended and Restated Development Agreement No. 99-01 “DEVELOPER” WESTGATE RESORTS ANAHEIM LLC a Florida limited liability company By: Westgate Resorts, Inc., a Florida corporation its Manager Dated: By: David S. Siegel, President EXHIBIT “A” to Amendment No. 5 to Second Amended and Restated Development Agreement No. 99-01 ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF __________ The foregoing instrument was acknowledged before me this _________________________ day of 2019, by David S. Siegel, as President of Westgate Resorts, Inc., a Florida corporation, as Manager of Westgate Resorts Anaheim LLC, a Florida limited liability company. (Seal) Signature of Notary Public Print, Type/Stamp Name of Notary Personally known:_________ OR Produced Identification:__________ Type of Identification Produced:________ RECORDING REQUESTED BY AND, WHEN RECORDED, MAIL TO: City of Anaheim P.O. Box 3222 200 S. Anaheim Boulevard, Second Floor Anaheim, California 92805 Attn: City Clerk _____________________________________________________________________________________ [SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY.] EXEMPT FROM FEES PURSUANT TO CALIFORNIA GOVERNMENT CODE §272383 AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 by and between CITY OF ANAHEIM, a municipal corporation and WESTGATE RESORTS ANAHEIM LLC, a Florida limited liability company ATTACHMENT NO. 2 1 AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 This AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 (this “Amendment No. 5”) dated for purposes of identification only as of _____________ (the “Date of this Amendment No. 5”), is made and entered into between the CITY OF ANAHEIM, a municipal corporation and charter city (“City”), on one hand and WESTGATE RESORTS ANAHEIM LLC, a Florida limited liability company (“Westgate Resorts”), on the other hand. RECITALS A. The City and Anaheim GW, LLC, a Delaware limited liability company, (the “Original Developer”) entered into the Second Amended and Restated Development Agreement No. 99-01 dated as of April 11, 2006, and recorded in the Official Records of Orange County California on June 2, 2006, as Instrument No. 2006000373943 (the “Development Agreement”) with respect to the real property described in the “Legal Descriptions” which are attached as Exhibit A and incorporated by this reference. B. The Original Developer assigned the Development Agreement with respect to the Parking Structure No. 1, Retail No. 1 and Vacation Ownership Resort No. 1 to Anaheim GW II, LLC, a Delaware limited liability company (“Anaheim GW II”) pursuant to the Partial Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of January 31, 2007, and recorded in the Official Records of Orange County California on February 7, 2007, as Instrument No. 2007000092571. C. The Original Developer assigned, and GardenWalk Hotel assumed, the Development Agreement with respect to the Hotel Property and the Hotels pursuant to that certain Partial Assignment of Second Amended and Restate Development Agreement No. 99-01 dated as of July 19, 2007 and recorded in the Official Records of Orange County California on July 19, 2007, as Instrument No. 2007000453402. D. Anaheim GW II assigned the Development Agreement with respect to the Timeshare Parcel and the Vacation Ownership Resort No. 1 to Westgate Resorts pursuant to that certain Partial Assignment of Second Amended and Restated Development Agreement No. 99-01 dated as of February 29, 2008, and recorded in the Official Records of Orange County California on March 6, 2008, as Instrument No. 2008000105443. E. The Development Agreement addresses, among other things, the Developer’s construction of the Project in phases, requiring that the Developer commence construction of the various Project Elements within certain time frames. F. In 2010, GardenWalk Hotel and Westgate Resorts requested that the City amend the Development Agreement (i) to redefine Hotel No. 1, Hotel No. 2 and Hotel No. 3 as one (1) Project Element consisting of two (2) Hotels (“Hotels 1 and 2”) totaling, approximately eight hundred sixty-six (866) Hotel Rooms in the aggregate, (ii) to require the Commencement of Construction of Hotels 1 and 2 to occur on or before May 26, 2011 and (iii) to require the Commencement of Construction of Vacation Ownership No. 1 to occur on or before March 23, 2  2019. Accordingly, the Development Agreement was amended by that certain Amendment No. 1 to Second Amended and Restated Development Agreement No. 99-01 dated as of March 1, 2010, and recorded in the Official Records of Orange County California on July 19, 2010, as Instrument No. 2010000341657 (“Amendment No. 1”). G. GardenWalk Hotel thereafter requested that the City further amend the Development Agreement, Amendment No. 2 to the Second Amended and Restated Development Agreement No. 99-01 dated as of July 1, 2010 and recorded in the Official Records of Orange County on August 17, 2011, as Instrument No. 2011000406499 (“Amendment No. 2”), to require the Commencement of Construction of Hotels 1 and 2 occur on or before May 26, 2013 and the Completion of Construction and Opening for Business (as defined in Amendment No. 2) occur no later than 36 months after the Commencement of Construction of the Hotels. H. As the successor in interest to Anaheim GW II, Katella Anaheim Retail, LLC (“Katella Anaheim”), thereafter requested an amendment to the Development Agreement, Amendment No. 3 to the Second Amended and Restated Development Agreement No. 99-01, dated as of August 23, 2011 and recorded in the Official Records of Orange County on September 16, 2011, as Instrument No. 2011000459373 (“Amendment No. 3”), to make changes to the mix of uses and the square footage of Retail No. 1. I. GardenWalk Hotel thereafter requested that the City further amend the Development Agreement, Amendment No. 4 to the Second Amended and Restated Development Agreement No. 99-01, dated as of June 4, 2013 and recorded in the Official Records of Orange County on June 10, 2013, as Instrument No. 2013000350713 (“Amendment No. 4”), to require that the Commencement of Construction of the Hotels occur on or before May 26, 2015, unless Developer elects to phase the construction of the Hotels, in which event, GardenWalk Hotel will be allowed to commence construction of the first Hotel on or before May 26, 2015, and to commence construction of the second hotel if at all, no later than November 26, 2019. In connection with Amendment No. 4, the City Council approved that certain Addendum to the Pointe Anaheim Initial Study/Mitigated Negative Declaration, dated March 27, 2013 (the “2013 Addendum”), which shall be included in the “Existing Approvals” under the Development Agreement. J. Unless otherwise defined in this Amendment No. 5, all capitalized terms shall have the meanings ascribed to such terms in the Development Agreement, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3 and Amendment No. 4. Copies of the Development Agreement are available as a public record in the office of the City Clerk located at 200 South Anaheim Boulevard, Anaheim, California. K. Westgate Resorts has requested the City amend the Development Assurances, set forth in paragraphs (c) and (d) of Section 3.1.1 of the Development Agreement to require the Commencement of Construction of Vacation Ownership No. 1 to occur on or before October 1, 2021. L. The City and Westgate Resorts (each, a “Party” and collectively, the “Parties”) intend, in this Amendment No. 5, to amend the Development Agreement as stated in Recital K. 3  NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: SECTION 1. AMENDMENT OF DEVELOPMENT AGREEMENT. The Development Assurances set forth in paragraph (d) of Section 3.1.1. of the Development Agreement is deleted and replaced with the following: (d) Westgate Resorts, as Developer, shall Commence Construction of Vacation Ownership Resort No. 1 on or before October 1, 2021 and shall Complete Construction and Open for Business no later than twenty-four (24) months after Commencement of Construction of Vacation Ownership Resort No. 1. SECTION 2. AMENDMENT OF DEVELOPMENT AGREEMENT. The Conditions of Approval Relating to Vacation Ownership Resort No. 1 set forth in Section 2.2 of the Development Agreement is deleted and replaced with the following: 2.2 Conditions of Approval Relating to Vacation Ownership Resort No. 1. To the extent any of the Conditions of Approval contain any deadlines for the Commencement of Construction of Vacation Ownership Resort No. 1, such deadlines shall be extended to October 1, 2021. The amendment of the Development Assurances in Section 1.1 of this Amendment No. 5 as those amendments relate to Section 3.1.1 (d) of the Development Agreement and the amendment of the Conditions of Approval set forth in the preceding sentence of this Section 1.2 are hereby subject to the following conditions: On or before June 14, 2010, Westgate Resorts shall submit to the City a screening plan for the exposed rebar on the upper deck of Parking Structure No. 1 which is visible from the ground consisting of painted plywood secured to such upper deck and generally consistent with the screening existing on the southerly edge of upper deck as of the Date of this Amendment No. 5 (the "Screening Plan") for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. On or before September 30, 2010, Westgate Resorts shall implement the City-Approved Screening Plan. SECTION 2. INTEGRATION. Except as expressly provided to the contrary herein, all provisions of the Development Agreement, as amended, remains in full force and effect. The Development Agreement and this Amendment No. 5 are collectively referred to as the “Agreement”. The Agreement integrates all of the terms and conditions of agreement between the Parties and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof. SECTION 3. EFFECTIVE DATE. This Amendment No. 5 shall take effect upon the date the ordinance of the City Council of the City approving this Amendment No. 5 takes place. (Signatures shown on following page) Signature Page to Amendment No. 5 to Second Amended and Restated Development Agreement No. 99-01 IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT NO. 5 OF THE RESPECTIVE DATES STATED BELOW. “CITY” CITY OF ANAHEIM a municipal corporation and charter city Dated: By: Mayor of the City of Anaheim Mayor Harry S. Sidhu ATTEST CITY CLERK FOR THE CITY OF ANAHEIM By: Name: Theresa Bass APPROVED AS TO FORM: CITY ATTORNEY By: Name: Robert Fabela 131927 (Signatures continue on following page) Signature Page to Amendment No. 5 to Second Amended and Restated Development Agreement No. 99-01 “DEVELOPER” WESTGATE RESORTS ANAHEIM LLC a Florida limited liability company By: Westgate Resorts, Inc., a Florida corporation its Manager Dated: By: David S. Siegel, President EXHIBIT “A” to Amendment No. 5 to Second Amended and Restated Development Agreement No. 99-01 ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF __________ The foregoing instrument was acknowledged before me this _________________________ day of 2019, by David S. Siegel, as President of Westgate Resorts, Inc., a Florida corporation, as Manager of Westgate Resorts Anaheim LLC, a Florida limited liability company. (Seal) Signature of Notary Public Print, Type/Stamp Name of Notary Personally known:_________ OR Produced Identification:__________ Type of Identification Produced:________ ATTACHMENT NO. 3 Attachment No. 4 Environmental Impact Analysis When a lead agency has certified an Environmental Impact Report (EIR) or adopted a negative declaration for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, based on substantial evidence in the light of the whole record, one or more of the following: (1)Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or Association of Environmental Professionals 2019 CEQA Guidelines 212 (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (Pub. Resources Code, § 21166; CEQA Guidelines, § 15162.) These thresholds are not present, and this proposal to amend the Amended and Restated Development Agreement Development Agreement No. 99-01 (the “Project”) is sufficiently analyzed by The Disneyland Resort Specific Plan EIR No. 311, the Pointe Anaheim Initial Study and Mitigated Negative Declaration (IS/MND), and associated Addenda. The following pages provide a description of these documents and their certification/approval. In particular, the Anaheim GardenWalk Project has not changed s ince the last approved Addendum No. 5 (December 2015). Additionally, there is no new information of substantial importance to the Anaheim GardenWalk Project that the lead agency did not know and could not have known previously (See Pub. Resources Code, § 21166; CEQA Guidelines, § 15162). Therefore, the analysis in The Disneyland Resort Specific Plan EIR No. 311, the Pointe Anaheim Initial Study and Mitigated Negative Declaration (IS/MND), and associated Addenda remain relevant and retain informational value as to the Anaheim GardenWalk Project. The proposed extension of the Commencement of Construction date in the Proposed Amendment No. 5 to the Second Amended and Restated Development Agreement for the Anaheim GardenWalk Project will not increase the unit count, or otherwise increase the intensity of the project, but will simply serve to provide additional time for development of the Vacation Ownership Resort. As such, this environmental analysis is a minor change to the development agreement. Therefore, the approval of the Project does not necessitate additional environmental review. The Project will not result in new or substantially more severe impacts than previously evaluated by The Disneyland Resort Specific Plan Environmental Impact Report No. 311, Pointe Anaheim IS/MND, and subsequent addenda and/or require additional mitigation measures. Furthermore, there is no new information of substantial importance, which the City, as the Lead Agency, did not know and could not have known with the exercise of reasonable diligence at the time of the certification and approval of these documents that triggers the need for the preparation of subsequent environmental review. Environmental Documentation Previously Prepared for the Anaheim GardenWalk Project EIR No. 311: In June 1993, the City of Anaheim certified EIR No. 311 for The Disneyland Resort Specific Plan. EIR No. 311, as subsequently amended, provides for the development of an international vacation destination resort, including the development of a new theme park, additional hotel and entertainment areas, administrative office facilities, back-of-house facilities, new public and private parking facilities, an internal transportation system, and the on-going modification of the Disney Theme Parks. The Anaheim GardenWalk Overlay was not a part of the original Disneyland Resort Specific Plan. 1999 IS/MND: In June 1999, the City Council approved amendments to (1) the Anaheim General Plan, The Disneyland Resort Specific Plan, Anaheim Municipal Code, and Anaheim Resort Public Realm Landscape Program; (2) Conditional Use Permit No. 4078; and (3) Development Agreement No 99-01 between the City of Anaheim and Excel Pointe Anaheim, LLC. The amendments added text to the Commercial Recreation land use designation, recognizing that The Disneyland Resort Specific Plan provides for the development of the Pointe Anaheim (now Anaheim GardenWalk) Overlay at the following density: up to 565,000 gross square feet (sf) of restaurant/dining/entertainment uses; 2 to 3 hotels comprising a maximum of 1,050 hotel rooms/suites with related accessory retail uses (total hotel maximum 923,800 sf); a multiplex theater including either 4,600 seats for live performances or 4,757 seats for movies; a parking structure with approximately 4,800 parking spaces; an approximately 141,200-sf, open-air family entertainment center on the top floor of the parking structure; and a bus terminal/facility for airport transport and transport to/from sightseeing venues. The IS/MND was prepared to evaluate the environmental impacts of these amendments and entitlements and analyzed a project to be constructed in one phase that encompassed the entire Pointe Anaheim project site. The 1999 IS/MND considered potential impacts in the areas of Land Use-Related Plans and Policies, Land Use Compatability, Transportation and Circulation, Air Quality, Noise, Earth Resources, Groundwater and Surface Hydrology, Construction, Employment, Population and Housing, Public Services and Utilities, Hazardous Materials, Visual Resources, Cultural Resources, and Energy. The IS/MND concluded that after incorporation of the recommended mitigation measures, potentially significant environmental impacts would be eliminated or reduced to a level considered less than significant in all of these areas. The City Council thereafter adopted the IS/MND and an associated mitigation monitoring program, and specifically found that, with the imposition of the required mitigation, the Anaheim GardenWalk Development would not have any significant adverse impacts. 2001 Addendum: On February 26, 2002, the City Council approved amendments to the Anaheim General Plan, The Disneyland Resort Specific Plan, the Anaheim Municipal Code, Anaheim Resort Public Realm Landscape Program, Conditional Use Permit No. 4078, and Development Agreement No. 99-1 (First Amended and Restated Development Agreement No. 99-01 between the City of Anaheim and Excel Pointe Anaheim, LLC). The environmental impacts of these amendments were evaluated by the 2001 Addendum. These amendments addressed modifications to the Pointe Anaheim project to add an additional hotel; delete the live theater complex entitlement and replace it with another commercial attraction such as an aquarium; reduce the area proposed for retail/dining/entertainment uses by 24,300 sf; and increase the overall square footage of the covered parking facility to accommodate an additional 400 spaces via tandem parking and valet while reducing the size of the bus terminal. Additional changes include project phasing and addition of a signalized median break on Disney Way. The City Council also approved a Disposition and Development Agreement (DDA) by and between the City and Excel Pointe Anaheim LLC that provided for the sale of approximately 1.35 acres located at the southwestern corner of Disney Way and Clementine Street, north of Fire Station No. 3 (to the then developer), and for the lease (to the City) of certain public parking facilities to be constructed on the project site. The DDA provided economic assistance equal to 50 percent of the Transient Occupancy Tax (TOT) generated by the initial 500-room hotel for 10 years, capped at $7 million in Net Present Value (NPV) terms. The environmental impacts of these amendments were evaluated by the 2001 Addendum, which concluded that the changes to the project would not result in any new significant environmental impacts. Specifically, the 2001 Addendum concluded that “[d]ue to the generally similar nature of the modified project and the approved Pointe Anaheim project, no new impacts are anticipated”. In support of this conclusion, the 2001 Addendum addressed the areas of Land Use-Related Plans and Policies, Land Use Compatability, Transportation and Circulation, Air Quality, Noise, Earth Resources, Groundwater and Surface Hydrology, Construction, Employment, Population and Housing, Public Services and Utilities, Hazardous Materials, Visual Resources, Cultural Resources, and Energy. For example, with respect to Transportation and Circulation, the 2001 Addendum found that “no major revisions [were] required to the traffic analysis provided in the Pointe Anaheim IS/MND,”…“[d]ue to the generally similar nature of the proposed project and the approved Point Anaheim Project. The modified project was “expected to generate about 10 percent fewer p.m. peak hour trips than the previously approved project” and pedestrian traffic “would also decrease or remain unchanged from the previous project, resulting in no significant impact with implementation of the previously required mitigation measures.” With respect to Air Quality, the 2001 Addendum similarly explained that there were “no major revisions to the air quality analysis provided in the Pointe Anaheim IS/MND,” because “[t]he modified project is comparable to the [previously-approved] project both in land uses and intensity of development.” It also notes that “a slight reduction in vehicular project-related traffic is expected to occur, which would reduce corresponding automobile emissions,” and that “due to the phasing of the project the construction emissions will not be as great as previously projected.” Similar conclusions were reached with regard to all of the other topics addressed in the 2001 Addendum, and it was additionally stated that “With the proposed land use mix changed to more hotel rooms and less restaurant space, there would be a lower demand on water services.” The City Council determined that the 2001 Addendum was adequate to serve as the required CEQA documentation for the 2001 amendments and that there was no evidence that the modified project would have a significant effect on the environment. On December 14, 2004, the City Council approved amendments to Conditional Use Permit No. 4078, Development Agreement No. 99-01 (Amendment No. 1 to First Amended and Restated Development Agreement by and between the City of Anaheim and Anaheim GW LLC, as successor in interest to Excel Pointe Anaheim, LLC), and the DDA (1) to extend, by one year, the date by which construction of the Initial Phase of Development must commence (by February 26, 2006) and (2) to assign Anaheim GW, LLC as the successor-in-interest to Excel Pointe Anaheim, LLC for both the Development Agreement and the DDA. No modifications were made to the project description and the City Council determined that the 2001 Addendum was adequate to serve as the appropriate environmental documentation for these actions. On January 31, 2006, the City Council approved amendments to Development Agreement No. 99- 01 (Amendment No. 2 to First Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and Anaheim GW LLC), and the DDA to extend, by one year, the date by which construction of the Initial Phase of Development must be commenced (by February 26, 2007). On December 12, 2005, the Planning Commission had approved a related amendment to Conditional Use Permit No. 4078. The proposed extension was intended to provide sufficient time to process the modified project to the Anaheim GardenWalk Project entitlements and facilitate the project moving forward in a timely manner. The Planning Commission and City Council determined that the 2001 Addendum was adequate to serve as the appropriate environmental documentation for these actions. 2006 Addendum: On April 11, 2006, the City Council approved (1) amendments to the Anaheim General Plan, The Disneyland Resort Specific Plan, the Anaheim Municipal Code, Conditional Use Permit No. 4078, Development Agreement No. 99-01 (Second Amended and Restated Development Agreement No. 99-1 between the City of Anaheim and Anaheim GW, LLC), and the DDA by and between the City of Anaheim and Anaheim GW, LLC; (2) Tentative Parcel Map No. 2002-205; and (3) Final Site Plan No. 2006-00002. The City Council determined that the 2006 Addendum was adequate to serve as the environmental documentation for these actions. The modified project increased the number of hotels to five and reduced the maximum number of hotel rooms from 1,662 to 1,628. Additionally, the square footage assigned to hotel accessory uses was reduced from 282,071 sf to 278,817 sf. Within the retail, dining and entertainment (RDE) component of the project, plans for an aquarium were replaced with plans for an equivalent amount of specialty retail uses; total dining area was increased from 90,850 sf to 113,900 sf; and entertainment uses were reduced from 154,000 sf to 66,000 sf with the potential for a multiplex movie theater (2006 Addendum, p. 2-3, Table 1). The 2006 Addendum analyzed the proposed development intensities in two development areas (Development Area A and Development Area B) as shown in Table 1. The 2006 Addendum noted that the “impact of the project [would] remain basically the same because the footprint of the project covers the same area as the previously-approved Pointe Anaheim project with similar types and density of land uses”. It specifically addressed the areas of Land Use-Related Plans and Policies, Land Use Compatability, Transportation and Circulation, Air Quality, Noise, Earth Resources, Groundwater and Surface Hydrology, Construction, Employment, Population and Housing, Public Services and Utilities, Hazardous Materials, Visual Resources, Cultural Resources, and Energy and concluded that “[d]ue to the generally similar nature of the [modified] project and the approved Pointe Anaheim project, no new impacts [were] anticipated” in any such areas. The City Council determined that the proposed amendments would not result in any new significant environmental impacts and that the 2006 Addendum, together with an amended mitigation monitoring program, was adequate to serve as the required CEQA documentation. On May 26, 2009, the City Council approved an Economic Assistance Agreement that allowed GardenWalk Hotel I, LLC to receive a portion, up to a total of $76.3 million, of the TOT generated by the development of up to 2 hotels with a total of 866 rooms over a 15-year period. This agreement required completion of construction drawings by August 26, 2010, and commencement of construction by 2011. The Economic Assistance Agreement contained a provision that indicated the DDA was terminated with respect to its incentives for hotel development. On March 23, 2010, the City Council approved an amendment to Development Agreement No. 99-01 (Amendment No. 1 to Second Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and GardenWalk Hotel I, LLC and Westgate Resorts Anaheim LLC) to change the construction start date for the hotels within Development Area A of the Anaheim GardenWalk Project to May 26, 2011; change the construction start date for the timeshare component within Development Area A of the Anaheim GardenWalk Project to March 23, 2019; and redefine the project description from 5 hotels with up to 1,628 rooms to 4 hotels with up to 1,628 rooms. The City Council determined that the previously approved MND (i.e., the 1999 IS/MND) was adequate to serve as the environmental documentation for the amendment. On August 24, 2010, the City Council approved Amendment No. 1 to the Economic Assistance Agreement to extend the deadline for completion of construction drawings to August 26, 2012, and commencement of construction to May 26, 2013. On August 24, 2010, the City Council also approved Amendment No. 2 to the Second Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and GardenWalk Hotel I, LLC to defer the commencement of hotel construction by up to two additional years, to commence no later than May 26, 2013. The City Council determined that the previously approved MND (i.e, the 1999 IS/MND) was adequate to serve as the environmental documentation for the Development Agreement amendment. 2011 Addendum: On August 16, 2011, the City Council approved amendments to the Anaheim General Plan, The Disneyland Resort Specific Plan, Conditional Use Permit No. 4078, the Second Amended and Restated Development Agreement No. 99-01 (Amendment No. 3 to Second Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and Katella Anaheim Retail, LLC), and Final Site Plan No. 2006-00002 to change the mix and allocation of the land uses at Anaheim Gardenwalk to allow development of 590,265 sf of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms (including up to 500 vacation ownership units) and 278,817 sf of hotel accessory uses; a transportation center; and 4,800 parking spaces. This amendment also revised the number of hotels permitted within Development Area A to reflect the 2010, and subsequent 2011, Development Agreement amendments. This was a change to the number of hotels only; no changes were made to the number of hotel rooms within Development Area A or to the development intensity permitted within Development Area B, as shown in Table 2. The environmental impacts of these amendments were evaluated by the 2011 Addendum, which the City Council determined was adequate to serve as the required CEQA documentation for these actions. 2013 Addendum: On May 14, 2013, the City Council approved an amendment to the Second Amended and Restated Development Agreement No. 99-01 (Amendment No. 4 to Second Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and GardenWalk Hotel I, LLC) to extend the date for commencement of construction of the two hotels from May 26, 2013 to on or before May 26, 2015, unless GardenWalk Hotel I, LLC elects to phase the construction of the hotels. With phasing, construction of the first hotel was to begin by May 26, 2015 and be completed by November 26, 2017. Construction of the second hotel was to begin by November 26, 2019 and be completed by May 26, 2022. Also on May 14, 2013, the City Council separately approved an Economic Assistance Agreement for the two hotels. The amendment did not result in a change to the permitted development intensity. The environmental impacts of this amendment and Economic Assistance Agreement were evaluated by the 2013 Addendum, which the City Council determined was adequate to serve as the required CEQA documentation for these actions. 2015 Addendum: On January 11, 2016, the Planning Commission approved a Final Site Plan and Variance for a 466-room hotel with a narrower setback than required by the Code. An Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration (IS/MND) was been prepared to evaluate the potential environmental effects of the proposed project. The 2015 Addendum analyzed the potential impacts on areas such as traffic, noise, and air quality and concluded that the proposed project would not result in any environmental impacts beyond those that have been analyzed and addressed in the Pointe Anaheim IS/MND. The City Council determined that the 2015 Addendum was adequate to serve as the required CEQA documentation for the project. Summary of Anaheim GardenWalk Development Agreement No. 99-01 and Amendments Development Agreement No. 99-01 pertains to the Anaheim GardenWalk (formerly Pointe Anaheim) Project. The Project Site is located on approximately 20 acres, 650 feet east of Harbor Boulevard and bound to the north, east and south by Disney Way, Clementine Street, and Katella Avenue, respectively. The Project Site is within the Anaheim GardenWalk Overlay of the Disneyland Resort Specific Plan. The City Council approved the Disneyland Resort Specific Plan in June 1993 to provide development guidelines and standards for the expansion and on-going modifications of The Disneyland Resort and adjacent hotels and visitor-serving uses. The Anaheim GardenWalk project was approved by City Council in June 1999. Project approvals included amendments to the General Plan, Disneyland Resort Specific Plan, Anaheim Municipal Code and The Anaheim Resort Public Realm Landscape Program. The Council also approved Conditional Use Permit No. 4078 and Development Agreement No 99-01 between the City of Anaheim and Excel Pointe Anaheim, LLC. These actions created the Pointe Anaheim Overlay and provided the framework to develop the project site. As shown in the table below, the City Council approved subsequent amendments to Development Agreement No. 99-01 in February 2002, December 2004, January 2006, April 2006, March 2010, August 2010, August 2011, and May 2013. Approval Date Document Name June 22, 1999 Development Agreement No. 99-01 February 26, 2002 First Amended and Restated Development Agreement No. 99-01 December 14, 2004 Amendment No. 1 to First Amended and Restated Development Agreement January 31, 2006 Amendment No. 2 to First Amended and Restated Development Agreement No. 99-01 April 11, 2006 Second Amended and Restated Development Agreement No. 99-1 (also known as “Amendment No. 3 to the First Amended and Restated Development Agreement No. 99-01”) March 23, 2010 Amendment No. 1 to Second Amended and Restated Development Agreement No. 99-01 August 24, 2010 Amendment No. 2 to Second Amended and Restated Development Agreement No. 99-01 August 16, 2011 Amendment No. 3 to Second Amended and Restated Development Agreement No. 99-01 May 14, 2013 Amendment No. 4 to the Second Amended and Restated Development Agreement No. 99-01 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: APRIL 15, 2019 SUBJECT: ZONING CODE AMENDMENT NO. 2019-00160 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code (Code) modifying Chapters 18.08 (Commercial Zones) and 18.38 (Supplemental Use Regulations) to facilitate the conversion of existing motels and other commercial and office structures within the "C-G" General Commercial Zone to housing. The conversion of said structures would be limited to Multiple-Family, Transitional and Supportive Housing for low-income persons and subject to certain development and performance standards and approval of a conditional use permit. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, recommend that the City Council determine that the proposed Code amendment is categorically exempt under the California Environmental Quality Act (CEQA), Section 15301, Class 1 (Existing Facilities) and adopt the attached draft ordinance for Zoning Code Amendment No. 2019-00160. BACKGROUND: In June 2017, the City Council established the Homeless Policy Working Group for the purpose of developing and recommending a policy framework to address homelessness in Anaheim. Following four months of meetings, the Policy Group developed several long and short-term policy recommendations to the City Council. In January 2018, the City Council approved the recommendations under Resolution No. 2018-009, which embraces the Housing First Model and supports, among other things, planning and zoning changes that would prioritize the development of Transitional and Supportive Housing. The Housing First Model outlines the necessary steps for people experiencing homelessness to move from Emergency Shelters to longer-term housing, including Transitional and Supportive Housing. The City has realized short-term success with this model by facilitating the development of three Emergency Shelters within the City. However, as defined by State law and the Code, Emergency Shelters house individuals and families for six months or less. ZONING CODE AMENDMENT NO. 2019-00160 April 15, 2019 Page 2 of 6 In order to provide longer-term solutions, the City is committed to facilitating the development of Transitional, Supportive and Multiple-Family Housing that would provide homes for low-income persons for periods of six months or longer. In regards to the development of these housing units, staff is working with several developers on a number of proposals. Key to this effort is the adoption of land use regulations that will facilitate these developments. In addition to the City Council’s Housing First efforts, in August 2018, the Council also adopted an Affordable Housing Policy affirming that affordable housing is a priority in the City of Anaheim in response to the housing affordability crisis. The Affordable Housing Policy encourages dialogue between City and all developers of upcoming rental and for-sale housing proposed in Anaheim to consider options and approaches for addressing the City's affordable housing needs, as set forth in the Housing Element of the City's General Plan, and other documents that guide the City's affordable housing goals. The Council also adopted an Affordable Housing Action Plan in conjunction with the Policy, which includes regulatory relief and process incentive measures along with the development of several programs aimed at increasing the supply of affordable housing. One of the Plan’s action items recommends that staff analyze and process amendments to the Zoning Code to allow the development of all housing product-types, including creative housing solutions for all income levels. PROPOSAL: In response to City Council policies to address homelessness and find creative housing solutions as discussed above, staff is recommending modifying Chapters 18.08 (Commercial Zones) and 18.38 (Supplemental Use Regulations) to facilitate the conversion of existing motels and other commercial and office structures within the "C-G" General Commercial Zone to housing. The conversion of said structures would be limited to Multiple-Family, Transitional and Supportive Housing for lower income individuals and subject to certain development and performance standards and approval of a conditional use permit. These development and performance standards include: Sunset Provisions: In early 2018, the Association of California Cities – Orange County (ACC-OC) called upon Orange County’s 34 cities to develop a countywide plan to build and fund 2,700 Supportive Housing units, which would provide enough units to house the County’s estimated homeless population. To achieve the goal of 2,700 units, ACC-OC allocated every city in Orange County a target number of units based on each city’s total resident population. Anaheim received an allocation of 303 units, the highest of any city since it is the largest city in the County. In response, the proposed ordinance’s primary purpose is to facilitate the conversion of existing motels, and other commercial and office structures, to Supportive Housing to meet the ACC-OC’s allocation. The ordinance includes a sunset provision that would null and void the ordinance three years from its effective date or upon satisfaction of the 303 Supportive Housing units allocated to Anaheim by ACC-OC, whichever occurs first. The City Council would have the authority to grant an extension to the ordinance beyond the three years. Additionally, if the City receives an application to convert a motel or other commercial or office structure to housing prior to reaching the 303 unit threshold and the proposed project would create an excess of 303 units of Supportive Housing, that application will be considered for the full number of units proposed, subject to the approval of the Planning Commission. As further discussed below, the ordinance would also allow conversions of motel, office and commercial structures to Transitional and Multiple-Family Housing, but only when in conjunction with Supportive Housing. ZONING CODE AMENDMENT NO. 2019-00160 April 15, 2019 Page 3 of 6 Permitted Zone: The proposed ordinance would only allow the conversion of existing motel and other commercial and office structures to Multiple-Family, Transitional and Supportive Housing for low-income persons within the "C-G" General Commercial Zone, subject to the granting of a conditional use permit. Location and Distribution: The proposed ordinance would allow the City Council to determine the location and distribution of each application requesting residential conversions under the subject ordinance through a Memorandum of Understanding (MOU) between the applicant and the City. The applicant would be required to enter into this MOU prior to the Planning Commission’s review of the conditional use permit application. This would ensure the equitable and appropriate distribution of units throughout the City in relation to other sites providing Transitional Housing, Supportive Housing, Emergency Shelters and other forms of housing and services offered to target populations. Residential Density and Occupancy Limits: As discussed above, the proposed ordinance would only allow conversions of structures to residential uses within the "C-G" General Commercial Zone. Since this a commercial zone, the development standards of the “C-G” Zone do not provide a specific density range requirement for residential development. To accommodate the target population household needs and allow a density that is appropriate to a selected site and its surrounding properties, staff recommends that the ordinance allow a maximum residential density of one hundred (100) residents per acre, in lieu of dwelling units per acre. The proposed ordinance would also establish occupancy limits. The maximum occupancy of any housing units approved under this ordinance would be subject to the following provisions:  Studio Units – The maximum occupancy would not exceed one person.  One-Bedroom Units – The maximum occupancy would not exceed three persons. If needed, the City would allow one additional person to be part of a household as a reasonable accommodation and subject to on-site management approval. The Community and Economic Development Department, would work with applicant to further define the conditions of this accommodation in the property’s Marketing and Tenant Selection plan. Design Review: To ensure quality design and architecture, the proposed ordinance would require that all applications for residential conversions conform to the City of Anaheim Affordable Housing Development Residential Design Guidelines (see Attachment No. 2). Applicants of proposed conversions for residential uses would be required to submit plans to the Planning and Building Department and Community and Economic Development Department for design review to ensure project compatibility to the existing neighborhood scale and character, and a consistent high level of livability for residents, consistent with the General Plan Community Design Element. Supportive Housing Units: As discussed above, the proposed ordinance’s primary purpose is to facilitate the conversion of existing motel and other commercial and office structures to Supportive Housing. It would allow conversions to Transitional and Multiple-Family Housing, but only when in conjunction with Supportive Housing. All applications for residential conversions would be subject to the following requirements: ZONING CODE AMENDMENT NO. 2019-00160 April 15, 2019 Page 4 of 6  Small Projects – For projects with 70 total units or less, the number of units required to be dedicated as Supportive Housing would be 50 percent or more of the total units and offered to persons with incomes of up to 60 percent of area median income.  Large Projects – For projects with more than 70 total units, the number of units dedicated as Supportive Housing would be established and approved by the Community and Economic Development Department. While the majority of units would be dedicated as Supportive Housing, it is important to allow a mix of income-levels and housing types. Best practices have shown that chronically homeless high needs individuals are better served in integrated housing developments. Further, Mental Health Services Act (MHSA) funds, which cover case management and mental health services, only provide funding to a maximum of 50 percent of units at any given development. The affordability targeting/mix for all projects would be dictated by the affordable housing funding program requirements and approved by the Community and Economic Development Department pursuant to a written agreement and affordability covenants. Wrap-Around Supportive Services: In conjunction with any conversion of a structure to a residential use, the proposed ordinance would require on-site provisions of Wrap-Around Supportive Services for residents of the project. As defined by the proposed ordinance, the term “Wrap-Around Supportive Services” means a holistic program of support services provided as an ancillary use to transitional and supportive housing to stabilize an individual or a family. The services can be provided in a collaborative manner by a number of organizations and commonly include services related to mental health, counseling, medical care, drug rehabilitation, parenting, budgeting and life skills, and educational and job training. Anaheim Preference: Consistent with Council policy, the proposed ordinance includes provisions that offer and maintain a preference to Anaheim residents for admission into residential units that result from this ordinance, as follows:  At a minimum, an Anaheim preference would apply to the greater of a proportionate share of housing units at the site when there is a combination of funding sources, such as County sponsored funds.  When Anaheim funding is the only or primary source of gap funding, a live/work preference would apply to all assisted units. An applicant may qualify for an Anaheim preference if they live or work in Anaheim at the time of application.  For applicants who are homeless at the time of application, an Anaheim preference would apply if the applicant can demonstrate a connection to Anaheim as outlined in admissions guidelines established for the Anaheim Housing Choice Voucher (HCV) Program.  The application process begins upon receipt of a referral to an open unit, which includes an imminent opening at the property that an applicant is considering. An applicant must be able to demonstrate an Anaheim connection in order to be eligible for a preference at the time of referral. ZONING CODE AMENDMENT NO. 2019-00160 April 15, 2019 Page 5 of 6 Development Standards: Residential conversion projects under this ordinance would be utilizing existing structures such as motels and commercial and office buildings. The proposed ordinance would not require the applicant to bring the existing building into conformance with the Zoning Code. However, any new construction associated with the conversion project would be required to meet all applicable development standards of the "C-G" General Commercial Zone. Additionally, the existing structure and any new construction would need to comply with the Building Code. Moreover, in order to achieve a high level of livability for residents and compatibility with surrounding uses, the development standards listed below would apply to conversion projects. Facility Management Plan: The proposed amendment would require the applicant to submit a facility management plan for review and approval by the Planning and Building Director, Community and Economic Development Director and Police Chief, or their designee, prior to the operation of the residential use. The plan may be required to address additional specific needs and shall remain active throughout the life of the use. The plan shall include, at a minimum, the following:  A detailed plan and strategy for the long term operation, maintenance, repair, security, social/supportive services, marketing of the project, method of selection of tenants, rules and regulations for tenants, and other rental and operational policies for the project.  Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the use.  A system for monitoring of outdoor areas to minimize disruption to nearby land uses. ANALYSIS: The City Council is the approval authority for a text amendment to the Zoning Code. The Code requires the Planning Commission to review the proposed amendment as a public hearing item on the Planning Commission Agenda, and by motion, recommend approval or denial for any text amendments. Staff recommends that the Planning Commission recommend approval of the Code amendment for the following reasons:  The proposed amendment is consistent with City Council Resolution No. 2018-009, which approved the recommendations of the Homeless Policy Working Group, to consider regulatory amendments to the City’s Zoning Code to increase the supply of affordable housing and the development of a variety of housing product-types for all income levels including, but not limited to, Transitional and Supportive Housing; Minimum Floor Area Studio units: 275 square feet One-bedroom units: 400 square feet Minimum Size of Recreational-Leisure Areas 200 square feet for each dwelling unit including indoor and outdoor common areas; a common kitchen/ dining area shall be included as part of this requirement Storage Areas General storage cabinets with a minimum size of 100 cubic feet capacity shall be required for each dwelling unit, and may be provided adjacent to private recreational-leisure areas or located in close proximity to the unit Parking and Loading Parking demand study ZONING CODE AMENDMENT NO. 2019-00160 April 15, 2019 Page 6 of 6  The proposed amendment provides Supportive Housing that combines Affordable Housing with intensive coordinated services to help homeless individuals and families and persons with disabilities maintain stable housing and receive appropriate health care;  The proposed amendment serves to achieve Anaheim’s allocation of 303 Supportive Housing units by the ACC-OC, which established a goal to build and fund 2,700 Supportive Housing units countywide to house the County’s estimated homeless population;  The proposed amendment is consistent with City Council Resolution No. 2018-106 that adopted an Affordable Housing Policy, affirming that affordable housing is a priority in the City of Anaheim, and an Affordable Housing Action Plan, that recommends that staff analyze and process amendments to the Zoning Code to allow the development of creative housing solutions for all income levels; and  The proposed amendment includes numerous provisions and development standards that will ensure that these types of uses develop in a manner that is compatible with surrounding uses while serving their intended population. Environmental Analysis: Staff recommends the Planning Commission recommend that the City Council find that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The proposed Code amendment meets these criteria. Pursuant to Section 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is categorically exempt from the provisions of CEQA. Additionally, future conversions of existing motels, and other commercial and office structures, to Multiple Family, Transitional and Supportive Housing for low-income persons will be subject to subsequent CEQA review at the time that the approval body, typically the Planning Commission, considers its approval of the conditional use permit for the proposed project. CONCLUSION: Staff believes that the proposed ordinance supports the City Council policies to address homelessness and find creative housing solutions. The ordinance will establish the regulatory framework to facilitate the conversion of existing motels, and other commercial and office structures, to Multiple-Family, Transitional and Supportive Housing for low-income persons in a manner that will allow these types of uses to be compatible with surrounding uses while serving their intended population. Therefore, staff recommends that the Planning Commission recommend City Council approval of the Zoning Code Amendment. Prepared by, Submitted by, Gustavo Gonzalez Susan Kim Senior Planner Principal Planner Attachments: 1. Draft Ordinance 2. Affordable Housing Development Residential Design Guidelines 1 REDLINED TO SHOW REVISIONS TO CURRENT MUNICIPAL CODE ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.08 (COMMERCIAL ZONES), AND 18.38 (SUPPLEMENTAL USE REGULATIONS) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE TO FACILITATE THE CONVERSION OF EXISTING MOTEL AND OTHER COMMERCIAL AND OFFICE STRUCTURES TO ALLOW MULTIPLE-FAMILY, TRANSITIONAL AND SUPPORTIVE HOUSING FOR LOW-INCOME PERSONS AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15301(CLASS 1; EXISTING FACILITIES). (ZONING CODE AMENDMENT NO. 2019-00160) (DEV2019-00031) WHEREAS, in June 2017, the City Council of the City of Anaheim (“City Council”) established the Homeless Policy Working Group for the purpose of developing and recommending a policy framework to address homelessness in Anaheim; and WHEREAS, in January 2018, the City Council adopted Resolution No. 2018-009 thereby approving the recommendations of the Homeless Policy Working Group to consider regulatory amendments to the City’s Zoning Code to increase the supply of affordable housing and the development of a variety of housing product-types for all income levels including, but not limited to, Transitional and Supportive Housing as those terms are defined under the California Health and Safety Code and the City’s Zoning Code; and WHEREAS, transitional housing consists of rental housing units that are affordable to a lower income household and that operate under program requirements that call for termination of affordability assistance and recirculation of an assisted unit to another eligible recipient and some predetermined future point in time, which shall be no less than six months; and WHEREAS, supportive housing combines affordable housing with intensive coordinated services to help homeless individuals and families and persons with disabilities maintain stable housing and receive appropriate health care; and ATTACHMENT NO. 1 2 WHEREAS, in August 2018, the Council adopted Resolution No. 2018-106 thereby approving an Affordable Housing Policy affirming that affordable housing is a priority in the City of Anaheim in response to the housing affordability crisis. The Affordable Housing Policy encourages dialogue between City and all developers of upcoming rental and for-sale housing proposed in Anaheim to consider options and approaches for addressing the City's affordable housing needs, as set forth in the Housing Element of the City's General Plan, and other documents that guide the City's affordable housing goals. The City Council also adopted an Affordable Housing Action Plan in conjunction with the Affordable Housing Policy, which includes regulatory relief to increase the supply of affordable housing. One of the Plan’s action items recommends that staff analyze and process amendments to the City’s Zoning Code to allow the development of all housing product-types, including creative housing solutions for all income levels; and WHEREAS, the Association of California Cities – Orange County (ACC-OC) has called upon Orange County’s 34 cities to develop a countywide plan to build and fund 2,700 Supportive Housing units, which would provide enough units to house the County’s estimated homeless population. To achieve the goal of 2,700 units, ACC-OC allocated every city in Orange County a target number of units based on each city’s total resident population. Anaheim received an allocation of 303 units (the “ACC-OC allocation”), the highest of any city since it is the largest city in the County; and WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, the City of Anaheim desires to amend the Zoning Code to facilitate, for a certain limited duration of time, the conversion of existing motel and other commercial and office structures in certain specified zones of the City to allow Multiple-Family, Transitional and Supportive Housing for low-income persons subject to certain development and performance standards; and WHEREAS, the City Council desires that the provisions of this Ordinance that allow the conversion of existing motel and other commercial and office structures shall become inoperative, null and void three (3) years from the date of adoption of this Ordinance or upon satisfaction of the ACC-OC allocation, whichever occurs first; and WHEREAS, the City Council determines that this ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”), 3 the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is exempt from the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15301 (Class 1; Existing Facilities), which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures and facilities and involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The proposed Code amendment meets these criteria and there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment. Additionally, future conversions of existing motel, commercial or office structures, to Multiple Family, Transitional and Supportive Housing for low-income persons, will be subject to subsequent CEQA review at the time that the approval body, typically the Planning Commission, considers its approval of the CUP for the proposed project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Table 8-A (Primary-Uses: Commercial Zone) of Chapter 18.08 (Commercial Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 8-A PRIMARY USES: COMMERCIAL ZONES P=Permitted by Right C=Conditional Use Permit Required M=Minor Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required C- NC C- R C- G O- L O-H Special Provisions Residential Classes of Uses Dwellings-Multiple Family N N C N N Dwellings-Multiple Family subject to 18.38.215 Mobile Home Parks N N C N N Senior Citizens' Housing C C C N N Senior Citizens' Apartment projects subject to Chapter 18.50 Supportive Housing N N C N N Supportive Housing subject to 18.38.215 Transitional Housing N N C N N Transitional Housing subject to 18.38.215 4 Non-Residential Classes of Uses Alcoholic Beverage Manufacturing N P/C P/C N N Subject to § 18.38.025. Buildings larger than 6,000 square feet are subject to a Conditional Use Permit. Alcoholic Beverage Sales–Off-Sale P/C P/C P/C P/C P/C Conditional use permit not required if use is in conjunction with Markets– Large. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Alcoholic Beverage Sales–On-Sale M/C M/ C M/ C M/ C M/C Permitted with minor conditional use permit if accessory to a primary restaurant use Ambulance Services N C C N N Animal Boarding P/C P/C P/C P/C P/C Permitted without a conditional use permit when conducted entirely indoors subject to § 18.38.270; otherwise a Conditional Use Permit is required. Animal Grooming P P P P P Antennas–Broadcasting P/C P/C P/C P/C P/C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in § 18.38.060.030.0312 Antennas– Telecommunications- Stealth Building- Mounted T T T T T Subject to § 18.38.060 and § 18.62.020 Antennas– Telecommunications- Stealth Ground- Mounted T T T T T Subject to § 18.38.060 Antennas– Telecommunications Ground-Mounted (Non- Stealth) N N N N N 5 Automatic Teller Machines (ATM’s) P P P P P Subject to § 18.36.040 Automotive–Vehicle Sales, Lease & Rental N N C N N Subject to § 18.38.200 Automotive–Sales Agency Office (Retail) N N C C C Subject to § 18.38.065 Automotive–Sales Agency Office (Wholesale) P/M/ C P/M /C P/M /C P/M /C P/M/ C Subject to §§ 18.16.055 and 18.38.065. Minor conditional use permit required for on-site storage, display or parking of one or two vehicles being held as inventory. Conditional use permit required for on-site storage, display or parking of three or more vehicles being held as inventory Automotive–Public Parking M M M M M Automotive–Parts Sales P P P N N Automotive–Repair & Modification: Major C C C N N Automotive–Repair & Modification: Minor M M M N N Automotive–Vehicle Storage M/C M/ C M/ C M/ C M/C Permitted for up to one year by minor conditional use permit, with optional one year extensions to permit the use for up to five years; conditional use permit required to permit the use for over five years. Automotive–Service Stations C C C C C Subject to § 18.38.070 Automotive–Washing N C C C C In O-L and O-H Zones, must be accessory to an Automotive–Service Station use Banquet Halls C C C C C Bars & Nightclubs C C C C C In O-L and O-H Zones, must be accessory to and integrated with an office building 6 Bed & Breakfast Inns C C C C C Subject to § 18.38.080 Billboards N N N N N Boat & RV Sales N N C N N Subject to § 18.38.200 Business & Financial Services P P P P P Cemeteries N N C N N Commercial Retail Centers P/C P/C P/C N N Subject to § 18.38.115; otherwise a Conditional Use Permit is required. Community & Religious Assembly C C C C C In O-H Zone, must be clearly accessory to and integrated with an office building Computer Internet & Amusement Facilities N N N N N Convalescent & Rest Homes C C C N N Convenience Stores P/C P/C P/C P/C P/C Subject to § 18.38.110; otherwise a Conditional Use Permit is required. In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Dance & Fitness Studios–Large N P P P P In O-H Zone, must be clearly accessory to and integrated with an office building Dance & Fitness Studios–Small P P P P P In O-H Zone, must be clearly accessory to and integrated with an office building, otherwise requires a conditional use permit Day Care Centers C C C P/C P/C Permitted without Conditional Use Permit if lintegrated within a multi- tenant office building as an accessory use to serve office tenants Drive-Through Facilities C C C C C Permitted without a conditional use permit as an accessory use if in conjunction with Business and Financial Services as the primary use 7 Educational Institutions–Business P/M P/M P/M P/M P/M Institutions with ten students or less do not require a conditional use permit Educational Institutions–General N C C C C Educational Institutions–Tutoring P P P P P Subject to § 18.36.040.050 Entertainment Venue C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Equipment Rental– Large P/C P/C P/C N N Permitted if equipment is completely screened from view. Conditional Use Permit required if equipment cannot be screened. Equipment Rental– Small P/C P/C P/C P/C P/C In O-H and O-L Zones, must be clearly accessory to and integrated with an office building. Conditional Use Permit required if conducted outdoors. Group Care Facilities C C C C C Subject to § 18.36.040.070 Helipads N N C N N Allowed only in conjunction with a hospital Hospitals N N C C C Hotels & Motels N C C N N Markets–Large P P P N N Markets–Small P/C P/C P/C C C Subject to § 18.38.155, otherwise a Conditional Use Permit is required. Medical & Dental Offices P P P P P Mortuaries N N P N N Offices P P P P P Personal Services– General P/C P/C P/C P/C P/C Laundromats are subject to § 18.38.150; otherwise a Conditional Use Permit is required. In O-L and O-H Zones, must be clearly accessory to and integrated 8 with an office building. Massage subject to § 18.16.070. Personal Services– Restricted C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Plant Nurseries N P/C P/C N N Subject to §§ 18.38.190, 18.38.200and 18 .38.205; otherwise a Conditional Use Permit is required. Public Services C C P C C Recreation–Billiards P/C P/C P/C P/C P/C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building. Facilities with alcohol consumption require a Conditional Use Permit. Subject to § 18.38.085, otherwise a Conditional Use Permit is required. Recreation–Commercial Indoor C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Recreation–Commercial Outdoor C C C C C Recreation–Low-Impact C C C P P In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Recreation–Swimming & Tennis P/C P/C P/C P/C P/C Permitted without Conditional Use Permit when conducted completely indoors Repair Services– General P N P N N Repair Services– Limited P P P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building 9 Research & Development N P P P P Restaurants–Full Service P P P C C Restaurants–General P P P C C Restaurants–Outdoor Dining P P P P P Subject to § 18.38.220 Retail Sales–General P P P P P Retail Sales–Kiosks M M M M M Retail Sales–Outdoor C C C N N Subject to § 18.38.190 and § 18.38.200 Retail Sales–Used Merchandise P P P N N Room & Board N N C N N Self-Storage N N C N N Subject to City Council Policy No. 7.2 Sex-Oriented Businesses N N P N N Subject to Chapter 18.54 Smoking Lounge P/C P/C P/C N N Subject to § 18.16.080; otherwise a Conditional Use Permit is required. Studios–Broadcasting P/C P/C P/C P/C P/C Permitted without a Conditional Use Permit if there is no live audience. Studios–Recording N N P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Transit Facilities C C C C C Utilities–Major C C C N C Utilities–Minor P P P P P Pay phones are permitted by right in all zones if located on the interior of a building or attached to the exterior within 10 feet of the main building’s entrance Veterinary Services P/C P/C P/C N N Subject to § 18.38.270; otherwise a Conditional Use Permit is required. 10 Wholesaling N C C N N Shall be accessory to a Retail Sales use Wine Bars C C C C C SECTION 2. That Section 18.38.125 (Residential Use of Motels, Commercial and Office Structures) be added to Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code to read in full as follows: 18.38.215 RESIDENTIAL USE OF MOTELS, COMMERCIAL AND OFFICE STRUCTURES .010 Purpose. The purpose of this Section is to facilitate the conversion of existing motels, and other commercial and office structures, to Supportive, Transitional and Multiple-Family Housing for low-income persons. .020 Sunset Provisions. The following sunset provisions shall apply to all applications subject to this section. .0201 Expiration. The provisions of this Section 18.38.215 shall be inoperative, null and void three (3) years from the effective date of this Section or upon satisfaction of the maximum number of units dedicated to conversions of structures for residential use as Supportive Housing as prescribed in 18.38.215.040 below, whichever occurs first. The City Council shall have the authority to grant extensions to the expiration date. .0202 Exceptions. Applications submitted prior to the expiration date of this section and that have not been given a public hearing prior to the expiration date shall be allowed be processed in accordance with this section. This exception shall not apply if the maximum number of dedicated to conversions for residential use as Supportive Housing, as prescribed in 18.38.215.040 below, is satisfied prior to the expiration date. .030 Permitted Zone. The conversion of a structure to a residential use shall only be allowed within the "C-G" General Commercial Zone, subject to the granting of a conditional use permit. .040 Maximum number of Supportive Housing units. Implementation of this Section 18.38.215 shall be limited to a maximum of three-hundred and three (303) Supportive Housing units citywide. .0401 Location and Distribution. The location and distribution of the Supportive Housing units shall be determined on a project-by-project basis by the City Council through a memorandum of understanding between the applicant and the City to ensure the equitable and appropriate distribution of units throughout the city in relation to other forms of Transitional Housing, Supportive Housing, Emergency Shelters and services offered to the intended target population of this Section 18.38.215. The applicant shall enter into the memorandum of understanding with the City prior to the Planning Commission’s review of the conditional use permit application. 11 .0402 Exceptions. If the City receives an application that brings the total number of Supportive Housing Units from a number below the maximum of three-hundred and three (303) Supportive Housing units citywide to a number of units above this threshold, that application will be considered for the full number of units proposed, subject to approval of the memorandum of understanding by the City Council and a conditional use permit by the Planning Commission. .050 Residential Density. The conversion of a structure to a residential use shall not be subject to any other otherwise applicable General Plan or zoning density requirements. In lieu of dwelling units per acre, a minimum of seven (7) residents and a maximum of one hundred (100) residents per acre shall be allowed. .060 Design Review. Conversions shall conform to the City of Anaheim Affordable Housing Development Residential Design Guidelines. .0601. Procedure. Applicants of proposed conversions for residential uses shall submit plans to the Planning and Building Department and Community and Economic Development Department for design review. .01 Both Departments will review project design, and seek to ensure compatibility of the conversion project to the existing neighborhood scale and character, and a high level of livability for residents, consistent with the General Plan Community Design Element. .02 Both Departments will make a recommendation regarding project design to the Planning Commission, for consideration in connection with the Commission's decision on the conditional use permit. .070 Supportive Housing Units. As a condition of the approval of any conditional use permit to allow conversions of hotels, and other commercial and office structures, for residential uses, and prior to issuance of building permits for projects, the property owner(s) shall agree to the following: .0701 Small Projects. For projects with seventy (70) total units or less, the number of units dedicated as Supportive Housing (as defined in subdivision (b) of Section 50675.14 of the Health and Safety Code) shall be fifty percent (50%) or more of the total units and offered to persons with incomes of up to sixty percent (60%) of area median income. .0702 Large Projects. For projects with more than seventy (70) total units, the number of units dedicated as Supportive Housing (as defined in subdivision (b) of Section 50675.14 of the Health and Safety Code) shall be established and approved by the Community and Economic Development Department. .0703 Affordability Mix. The affordability targeting/mix for all projects shall be dictated by the affordable housing funding program requirements and approved by the Community and Economic Development Department pursuant to a written agreement and the affordability covenants required in subsection 18.38.215.090. 12 .01 The term “Extremely Low Income Households,” as used in this section shall mean households having an income not exceeding thirty percent (30%) of the median family income, adjusted for family size. .02 The term “Very Low Income Households,” as used in this section shall mean households having an income not exceeding fifty percent (50%) of the median family income, adjusted for family size. .03 The term “Low Income Households,” as used in this section shall mean households having an income not exceeding sixty percent (60%) of the median family income, adjusted for family size. .080 Transitional Housing and Multiple-Family Housing. Conversions of motel, office and commercial structures to Transitional Housing and Multiple-Family Housing shall only be allowed when in conjunction with Supportive Housing in accordance Section 18.38.215.070. Projects with only Transitional Housing and/or Multiple-Family Housing without Supportive Housing shall be prohibited. .090 Maximum Rents. Affordable maximum rents shall be determined by the applicable affordable housing funding programs. To the extent of an inconsistency between or among the funding programs relating to affordable rent and other covenants or agreements applicable to the Project, the most restrictive covenants or agreement regarding the affordable rent for the housing units in the project shall prevail. .100 Affordability Covenants. The property owner(s) shall be required to execute and record affordability covenants with the City of Anaheim, agreeing to the requirements of this section. The covenants shall be acceptable to, and approved by, the Community and Economic Development Department and the City Attorney's Office, and shall include, but need not be limited to, the following provisions: .1001 Identification of the affordable units. .1002 The initial rent for each unit. .1003 The method of calculating periodic rental increases. .1004 A minimum term of thirty (30) years on the control of rent for the housing units or other specified term as may be required as a result of project funding. .1005 The right of the Community and Economic Development Department to supply, or otherwise approve, the qualifications of the low income households who will rent the housing units. .1006 Any density bonus for which a developer may otherwise apply pursuant to Section 65915 of the California Government Code shall not be pursued in combination with the provisions of Section 18.38.215. 13 .110 Wrap-Around Supportive Services. Any proposal for conversion of a structure to a residential use shall be required to ensure appropriate on-site provisions of Wrap-Around Supportive Services (as defined in 18.38.100.1001) for the residents. .1101 The term “Wrap-Around Supportive Services” shall mean a holistic program of support services provided as an ancillary use to Transitional and Supportive Housing to stabilize an individual or a family. The services can be provided in a collaborative manner by a number of organizations and commonly include services related to mental health, counseling, medical care, drug rehabilitation, parenting, budgeting and life skills, and educational and job training. .1102 A minimum caseload of one (1) full-time employee per twenty (20) residents shall be provided. .1103 Supervision by case managers shall be detailed as part of the project’s operations plan and subject to the approval of the Community and Economic Development Department. .1104 The standards are a minimum level of services and additional hours of service and enhanced levels of service are encouraged beyond these requirements. .120 Anaheim Preference. Offering and maintaining an Anaheim preference is a priority for the City. The following provisions shall apply to projects for conversion to residential uses under Section 18.38.215: .1201 At a minimum, for the purposes of admissions into an affordable unit within a conversion project, an Anaheim preference shall apply to the greater of a proportionate share of housing units at the site when there is a combination of funding sources, such as County sponsored funds. .1202 When Anaheim funding is the only or primary source of gap funding, a live/work preference shall apply to all assisted units. An applicant may qualify for an Anaheim preference if they live or work in Anaheim at the time of application. .1203 For applicants who are homeless at the time of application, an Anaheim preference may be granted if the applicant can demonstrate a connection to Anaheim as outlined in admissions guidelines established for the Anaheim Housing Choice Voucher (HCV) Program. .1204 For the purposes of this section, the application process begins upon receipt of a referral to an open unit, which includes an imminent opening at the property that an applicant is considering. An applicant must be able to demonstrate an Anaheim connection in order to be eligible for a preference at the time of referral. .130. Marketing Plan. Applicants shall comply with an affirmative marketing plan approved by Community and Economic Development Department. The marketing plan shall include the following: .1301 Methods for informing the public and potential tenants about the federal fair housing laws. 14 .1302 Procedures to inform and solicit applications from persons in the housing market area not likely to apply for tenancy at the housing units without special outreach. .1303 Recordkeeping methods that will permit the Community and Economic Development Department to evaluate the actions taken by the Property Manager to affirmatively market the housing units at the project. .1304 Specific procedures for marketing and releasing housing units shall be approved by the Community and Economic Development Department. .140 Occupancy Limits. The maximum occupancy of the housing units in a project shall conform to the following provisions: .1401 For studio units, the maximum occupancy shall not exceed one (1) person. .1402 For one (1) bedroom units, the maximum occupancy shall not exceed three (3) persons. .1403 If needed, as a reasonable accommodation and subject to on-site management approval, one additional person may be allowed to be part of the household. The conditions for such expectations shall be further defined in the property’s Marketing and Tenant Selection plan. .150 Development Standards. The conversion of a structure to a residential use shall comply with the development standards in Table 38-A. .1501 Development standards related to the existing lots and building footprints, including lot width, structural setbacks, structural height, site coverage, and lot area, shall not apply. .1502 With the exception of 18.38.215.140.1401 and Table 38-A, all other development standards of the underlying zone shall apply. .160 Required Finding of Accessibility to Services. Any proposal for conversion of a structure to a residential use shall include adequate consideration and information as to the Table 38-A: Development Standards Minimum Floor Area Studio units: 275 square feet One-bedroom units: 400 square feet Minimum Size of Recreational-Leisure Areas 200 square feet for each dwelling unit including indoor and outdoor common areas; a common kitchen/ dining area shall be included as part of this requirement Storage Areas General storage cabinets with a minimum size of 100 cubic feet capacity shall be required for each dwelling unit, and may be provided adjacent to private recreational-leisure areas or located in close proximity to the unit Parking and Loading Parking demand study 15 location of the site in relation to the proximity and accessibility to necessary services, including grocery stores (ideally within one mile), transit stops (ideally within half mile), and medical facilities (ideally within one mile). .1601 Prior to approving a conditional use permit for conversion of a structure to a residential use, and in addition to the findings otherwise required for a conditional use permit, the approving body shall find that the evidence presented shows that the project is reasonably accessible to the services identified in this subsection. .170 Exterior Lighting. Exterior lighting plans shall be provided for the entire outdoor area of the site and shall be subject to review and approval by the Planning and Building and Police Departments. .180 Facility Management Plan. A facility management plan shall be submitted for review and approval by the Planning and Building Director, Community and Economic Development Director and Police Chief, or their designee, prior to the operation of the residential use. The management plan may be required to address additional specific needs and shall remain active throughout the life of the use. The management plan shall include, at a minimum, the following: .1801 A detailed plan and strategy for the long term operation, maintenance, repair, security, social/supportive services, marketing of the project, method of selection of tenants, rules and regulations for tenants, and other rental and operational policies for the project. .1802 Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the use. .1803 A system for monitoring of outdoor areas to minimize disruption to nearby land uses. .190 Parking Management Plan. A parking management plan shall be provided for approval by the Community and Economic Development Director and shall include the following: .1901 Parking spaces shall be made available for tenants of the housing units, their guests and employees in accordance with the Municipal Code requirements and as stipulated in the approved parking management plan. .1902 The parking management plan shall include a map depicting open and reserved parking spaces, and procedures for removal of inoperable vehicles. .200 Communications Plan. A Communication and Outreach Plan shall be developed, subject to approval by the Community and Economic Development Director, to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. SECTION 4. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be 16 invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 5. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 6. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 201 9, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2019, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: __________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM ATTACHMENT NO. 2 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.