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PC 2020/09/1409-14-2020 Page 1 of 4 City of Anaheim Planning Commission Agenda Monday, September 14, 2020 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairperson: Kimberly Keys • Chairperson Pro-Tempore: John Armstrong • Commissioners: Michelle Lieberman, Natalie Meeks, Rosa Mulleady, Dave Vadodaria, Steve White • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Hearing Items • Workshop – Planning Commission Rules and Procedures • Commission Updates • Discussion • Adjournment SPECIAL NOTICE DURING COVID-19 PANDEMIC On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act- related provisions of Executive Order N-25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to Executive Order N-29-20, please be advised that Planning Commission members will participate in this meeting remotely. PUBLIC PARTICIPATION: Pursuant to Executive Order N-29-20 and given the current health concerns, members of the public can access the meeting live on-line, with audio and limited video, at www.anaheim.net/planning. In addition, members of the public can submit comments electronically for Planning Commission consideration by sending them to planningcommission@anaheim.net or directly to the project planner as indicated on each item below. To ensure distribution to the Planning Commission prior to consideration of the agenda, please submit comments prior to 3:00 p.m. the day of the meeting. Those comments, as well as any comments received after 3:00 p.m., will be distributed to the Planning Commission members and will be made part of the official public record of the meeting. Contact the Planning and Building Department at 714-765-5139, the project planner listed below, or planningcommission@anaheim.net with any questions. A copy of the staff report may be obtained on the City of Anaheim website www.anaheim.net/planning on Thursday, September 10, 2020, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection by contacting the Building and Planning Department at 714-765-5139 or planningcommission@anaheim.net during regular business hours. 09-14-2020 Page 2 of 4 ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the Building and Planning Department at 714-765-5139 or planningcommission@anaheim.net, no later than 8:00 a.m. on the day of the scheduled meeting. APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. 09-14-2020 Page 3 of 4 Public Hearing Items ITEM NO. 2 VARIANCE NO. 2020-05133 (DEV2020-00020) Location: 501 South Olive Street Request: The applicant requests approval of a fence height variance to construct a six foot high concrete block wall within the required front yard setback of an existing industrial property. 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 15303, Class 3 (New Construction). Resolution No. ______ Project Planner: Peter Lange PLange@anaheim.net ITEM NO. 3 MITIGATED NEGATIVE DECLARATION RECLASSIFICATION NO. 2019-00324 DEVELOPMENT AGREEMENT NO. 2020-00003 CONDITIONAL USE PERMIT NO. 2019-06040 (DEV2019-00087) Location: 1122 North Anaheim Boulevard Request: The applicant requests approval of the following land use entitlements to allow construction of a 269-unit, four-story (with a six-story parking structure), multiple-family residential development with modified development standards: (i) a Zoning Reclassification to implement the Mixed-Use (MU) Overlay zone; (ii) a conditional use permit to allow a multiple-family residential development with modified development standards in the proposed MU Overlay zone; and (iii) a development agreement for a proposed voluntary financial contribution to support the City’s affordable housing programs. Environmental Determination: The Planning Commission will consider whether a Mitigated Negative Declaration is the appropriate environmental documentation for this request under the California Environmental Quality Act. This item was continued from the August 17, 2020 Planning Commission meeting. Request for continuance to the September 28, 2020 meeting. Project Planner: Scott Koehm skoehm@anaheim.net 09-14-2020 Page 4 of 4 Adjourn to Monday, September 28, 2020 at 5:00 p.m. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 6:00 p.m. September 10, 2020 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: SEPTEMBER 14, 2020 SUBJECT: VARIANCE NO. 2020-05133 LOCATION: 501 South Olive Street APPLICANT/PROPERTY OWNER: The applicant is Ed Valasquez of Luna Construction Management, LLC. The property owner is Joshua Pukini. REQUEST: The applicant requests approval of a fence height variance to construct a six foot tall concrete block wall within the required front yard setback of an existing industrial property. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 3, New Construction or Conversion of Small Structures), and approve Variance No. 2020-05133. BACKGROUND: The 0.7-acre project site is developed with two industrial buildings. The property is zoned (I) Industrial and is designated by the General Plan for Low Medium Density Residential land uses. The project site is bordered by industrial properties to the north and west, a railroad track to the south, and single-family residential to the east. Site condition along Santa Ana Street and Olive Street intersection VARIANCE NO. 2020-05133 September 14, 2020 Page 2 of 5 PROPOSAL: The applicant requests approval of a variance to permit the construction of a six foot high concrete block wall within the required 15-foot front yard setback adjacent to Santa Ana Street and Olive Street. The project site contains a 3,250 square foot warehouse and a 6,720 square foot warehouse, a six foot tall perimeter chain link fence, and perimeter landscaping along Olive Street. The warehouse buildings were constructed with a reduced structural and landscape setback which ranges from zero to fifteen feet along Olive Street and Santa Ana Street; these reduced setbacks were approved through a Variance application (VAR 3467) by the Planning Commission on March 18, 1985. Access to the site consists of two driveways along Santa Ana Street and two driveways along Olive Street. In addition, the project scope includes landscape improvements along the perimeter of the site which consist of various trees (existing date palms and locust trees), shrubs (tree aloe, foxtail agave, feather reed grass, firesticks, and mexican feather grass), groundcover (firecracker houseleek and decomposed granite), and creeping fig vines. The landscaping would be placed along the concrete block wall adjacent to the railroad track to the south of the site and in front of the wall adjacent to the streets. VARIANCE NO. 2020-05133 September 14, 2020 Page 3 of 5 LANDSCAPE CONCEPT ANALYSIS: The applicant requests approval of a variance to construct a six foot high concrete block wall within the required 15-foot setback adjacent to both street frontages. Chapter 18.46.110 of the Anaheim Municipal Code (Code) requires that the maximum height of a proposed wall or fence located within the front yard setback be a maximum of three feet. The Planning Commission may grant the requested Variance upon a finding that the evidence presented shows that all of the following conditions exist: 1) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; 2) That, because of special circumstances shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. VARIANCE NO. 2020-05133 September 14, 2020 Page 4 of 5 The project site is 0.7-acres (33,292 square feet) and contains a 3,250 square foot warehouse building, a 6,720 square foot warehouse building, a six foot tall perimeter chain link fence, and perimeter landscaping. The project site has a unique triangular lot shape with lot lengths ranging from 336 feet along Olive Street, to 328 feet along Santa Ana Street, and to 483 feet along the railroad track to the south. The intent of the proposed six foot high concrete block wall would be to improve the security and screening of the site. According to the applicant, a three foot tall fence within the front yard setback area would not achieve the intent of improved screening or security, and constructing a block wall at the 15-foot setback line would significantly reduce the amount of usable storage area behind the wall. Although the six foot high block wall is proposed within the front yard setback, the wall would be located outside of the required 25-foot line-of-site area adjacent to the Olive Street and Santa Ana Street intersection, as required by the Public Works Department. In addition, it would be difficult to comply with the 15-foot landscape setback requirement due to the current layout of the two warehouse buildings. The two buildings were developed with a reduced setback (per VAR 3467) and areas of each building are located directly adjacent to the property lines of the site. For example, the building located within the southeast of the site is directly adjacent to the property line abutting Olive Street and the 6,270 square foot industrial building is directly adjacent to the property line which runs along the rail line to the south. To comply with the 15-foot structural and landscape setback requirement, portions of each industrial building would need to be altered to meet the current setback requirements. The applicant is proposing a seven foot landscape setback and this setback would allow for adequate space to accommodate perimeter landscaping, and the location of the concrete block wall would not result in the industrial building footprints to be altered to meet the current setback requirements. The proposed wall would provide adequate screening and security for the site and improved visual aesthetics as landscape improvements are proposed. The location of the concrete wall would not result in any circulation impacts as it will be setback from the neighboring sidewalk and would be located outside of the required 25-foot radius along the intersection of Santa Ana Street and Olive Street. The proposed block wall and proposed landscape concept would improve the overall security and exterior aesthetics of the site. Existing Site Conditions along Santa Ana Street VARIANCE NO. 2020-05133 September 14, 2020 Page 5 of 5 In addition, landscape improvements along the Olive Street and Santa Ana Street perimeter would be further improved as the applicant would obtain an Encroachment Agreement with the City to remove the proposed two foot wide sidewalk along Santa Ana Street and Olive Street as shown on the plans and to further extend the landscape planter area into this two foot wide area. The proposed landscape planter area would extend to the ultimate right-of-way property line or to the designated property line of the site, as long as the landscape planters do not impact circulation along the perimeter of the site. A condition of approval has been included in the draft resolution which will require the applicant to enter into an Encroachment Agreement with the City. Environmental Impact Analysis: Staff recommends that 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 15303 (New construction or conversion of small structures). Class 3 consists of construction and location of accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The proposed Project is for a variance to allow a six foot high concrete block wall within the required front yard setback, where a three foot high wall is permitted in this setback area. Pursuant to Section 15300.2 (c) and 15303 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is categorically exempt from the provisions of CEQA. CONCLUSION: Staff believes that granting the variance to permit a six foot high concrete block wall within the required front yard setback would be compatible with the surrounding area and would improve the appearance of the site. Based on the stated justification, staff supports this request and recommends approval of the variance application. Prepared by, Submitted by, Peter Lange Niki Wetzel, AICP Contract Planner Deputy Planning and Building Director Attachments: 1. Draft Variance Resolution 2. Project Plans 3. Variance Justification 4. Gate Function Letter I (SABC)DEV 2020-00020INDUSTRIAL I (SABC)INDUSTRIAL I (SABC)INDUSTRIAL I (SABC)INDUSTRIAL I (SABC)INDUSTRIAL I (SABC)INDUSTRIAL RS-3 (SABC)SFR RM-3COLONY PARK APTS58 DU RM-3COLONY PARK58 DU RM-3COLONY PARK64 DU RM-3COLONY PARK112 DU RM-3COLONY PARK112 DU RM-3 COLONY PARK112 DU RM-3COLONY PARK64 DU RM-3COLONY PARK64 DU RM-3COLONY PARK64 DU RS-3 SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE RM-3 (SABC)DUPLEX RM-3 (SABC)FOURPLEX RM-3WATER WELL I (SABC) PARKING LOT I (SABC)SUBSTATION I (SABC)SUBSTATION I (SABC) INDUSTRIAL IINDUSTRIAL RM-4 (SABC)15 DURM-4 (SABC)10 DU RM-4APTS5 DU RM-4 APTS12 DU RM-4APTS5 DU RM-4 DUPLEX RM-4 (SABC)APTS12 DU RM-4DUPLEX RM-4DUPLEX RM-4 FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4APTS11 DU RM-4DUPLEX RM-4FOURPLEXRM-4DUPLEX RM-4FOURPLEX RM-4 (SABC)APTS12 DURM-4 (SABC)APTS19 DU RM-4 (SABC) APTS9 DU RM-4 (SABC)DUPLEX RM-4APARTMENT 5 DU S O L I V E S T S M E L R O S E S T E S A N T A A N A S T S C L A U D I N A S T E E L L S W O R T H A V E S P H I L A D E L P H I A S T E W A T E R S T E W A T E R S T S . E A S T S T E. LINCOLN AVE W. LI NC OLN AV E S . S T A T E C O L L E G E B L V DE. BR OA DW A Y W. B ROAD WAY S . W A L N U T S T N . H A R B O R B L V D S. M A N C H E S T E R A V E S . H A R B O R B L V D S . A N A H E I M B L V D E . B RO AD WAY 501 South Olive Street DEV No. 2020-00020 Subject Property APN: 251-081-02 °0 50 100 Feet Aerial Photo:May 2019 S O L I V E S T S M E L R O S E S T E S A N T A A N A S T S C L A U D I N A S T E E L L S W O R T H A V E S P H I L A D E L P H I A S T E W A T E R S T E W A T E R S T P R I V A T E S T S . E A S T S T E. LINCOLN AVE W. LI NC OLN AV E S . S T A T E C O L L E G E B L V DE. BR OA DW A Y W. B ROAD WAY S . W A L N U T S T N . H A R B O R B L V D S. M A N C H E S T E R A V E S . H A R B O R B L V D S . A N A H E I M B L V D E . B RO AD WAY 501 South Olive Street DEV No. 2020-00020 Subject Property APN: 251-081-02 °0 50 100 Feet Aerial Photo:May 2019 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2020-*** RESOLUTION NO. PC2020-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2020-05133 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2020-00020) (501 SOUTH OLIVE STREET) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition for Variance No. 2020-05133 to construct a six (6) foot high concrete block wall within the required front yard setback of an existing industrial property on certain real property located at 501 South Olive Street in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the property is approximately 0.77 acres in size and is currently developed with two industrial buildings. The Property is located in the “I” Industrial Zone and is subject to the zoning and development standards contained in Chapter 18.10 (Industrial Zones) of the Anaheim Municipal Code (“Code”). The Land Use Element of the Anaheim General Plan designates the Property as Low Medium Density Residential land uses; and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N-25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeing to observe and to address the local legislative body; and WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a teleconferencing public hearing at the Civic Center in the City of Anaheim on September 14, 2020 at 5:00 p.m. and notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Variance No. 2020-05133 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 (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, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of Projects (i.e., Class 3 – New Construction) which consists of construction and location of accessory (appurtenant) structures - 2 - PC2020-*** including garages, carports, patios, swimming pools, and fences, and that, therefore, pursuant to Section 15303 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Variance No. 2020-05133, does find and determine that the required findings for approval of a Variance to allow for a six foot high fence within the required front yard setback of an existing industrial property, where a maximum height of three feet is permitted, can be made for the following reasons: 1) That there are special circumstances applicable to the Property, including size, shape, topography, location or surroundings, which do not apply to other properties under identical zoning classification in the vicinity. Such circumstances include the triangular shape of the industrial lot as the length of the lot ranges from 336 feet along Olive Street and 328 feet along Santa Ana Street, and is narrow at each corner. Providing a three foot high wall within the front yard setback of the site would not provide adequate security of screening based on the overall length and configuration of the site. In addition, the site is developed with two industrial buildings with reduced setbacks of zero to fifteen feet. The proposed seven foot setback for the six foot high concrete block wall would be adequate as it would provide additional security and screening for the site and the block wall would be located outside of the required 25-foot line-of-site area along the Olive Street and Santa Ana Street intersection which would eliminate potential visibility impacts. 2) That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity. The applicant is proposing a seven foot setback to construct the proposed six foot high concrete perimeter block wall and wall height variances have been granted for other industrial properties in the City. The proposed location and height of the concrete block wall would be adequate as it would provide improve security and screening for the triangular shaped lot and would not result in any significant impacts such as visual or circulation. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence and reached these findings are due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Variance No. 2020-05133 contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property for which Variance No. 2020-05133 is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfied the - 3 - PC2020-*** 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 September 14, 2020. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2020-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on September 14, 2020 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of September, 2020. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEM - 5 - PC2020-*** EXHIBIT “A” VARIANCE NO. 2020-05133 (DEV2020-00020) - 6 - PC2020-*** EXHIBIT “B” VARIANCE NO. 2020-05133 (DEV2020-00020) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 Lockable pedestrian and/or vehicular access gates shall be equipped with Knox devices as required and approved by the Fire Department and said gates shall comply with Public Works Standard Detail No. 475. Public Works Department, Anaheim Fire & Rescue GENERAL CONDITIONS 2 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 3 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 4 Fence and landscaping within the line of sight triangle clear zone at all project driveways and the southwest corner of Santa Ana Street/Olive Street intersection shall conform with the 24” maximum height limitation per City of Anaheim Engineering Standard Detail 115-B. Public Works Department, Traffic and Transportation 5 The legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division for review and approval. The Certificate of Compliance shall be executed and recorded prior to building permit issuance. Public Works Department, Development Services - 7 - PC2020-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 An Encroachment License application shall be submitted and reviewed by the Public Works Department and approved by the City Engineer for any structures, including planters located within the public right-of-way. Public Works Department, Development Services ONGOING OPERATIONS 7 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, Traffic and Transportation 8 All vehicle gates shall remain open during business hours. Public Works Department, Traffic and Transportation 1 0 ' - 0 " 5 ' - 0 " 1 5 ' - 0 " 7'-0"50'-0"7'-0"50'-0" 7 ' - 0 " 5 0 ' - 0 " 7 ' - 0 " 5 0 ' - 0 " 7 ' - 0 " 6 4 ' - 0 " 3 2 ' - 0 " 3 2 ' - 0 " 2 1 ' - 7 " 2 1 ' - 4 " 7 ' - 3 " 3 ' - 9 " 3 2 ' - 0 " 3 2 ' - 0 " 2 4 ' - 1 1 " 11'-0"16'-0" 7 ' - 3 " 7 ' - 0 " 1 6 ' - 6 " 2 6 ' - 1 " 2 4 ' - 9 " 5 ' - 1 " 4 ' - 5 " 3 4 ' - 9 " 3 4 ' - 9 " 1 3 ' - 2 " 2 4 ' - 9 " 2 5 ' - 0 " 2 5 ' - 0 " 5 0 ' - 0 " 5 0 ' - 0 " 7 ' - 0 " 5 0 ' - 0 " 7 ' - 0 " 1 0 ' - 5 " 6 4 ' - 0 " A - 1 S I T E P L A N ATTENTION: If, the drawings are provided in an electronic format (on computer disk or computer file via e-mail) as a courtesy to client, the delivery of the electronic file does not constitute the delivery of our professional work product. The signed paper print delivered with this electronic file constitutes our professional work product, and in the event the electronic file is altered, the print must be referred to, for the original and correct architectural/engineering information. We shall not be responsible for any modifications made to the electronic file, or for any products derived from the electronic file which are not reviewed, signed and sealed by us. This document contains information proprietary to RB Engineers, Inc. and is furnished in confidence for the limited purpose of evaluation, bidding or review. This document or its contents may not be used for any other purpose and may not be reproduced or disclosed to others without the prior consent of RB Engineers, Inc. All rights reserved. S C A L E : D A T E : S H E E T T I T L E O F S H E E T : S I T E A D D R E S S : J O B : O F S H E E T S R B 1 9 . 8 0 0 1 - 1 0 - 2 0 2 0 1 / 1 6 " = 1 ' - 0 " PROJECT DESCRIPTION: OWNER: 5 0 1 S O L I V E S T R E E T A N A H E I M , C A 9 2 8 0 5 A P N : 2 5 1 - 0 8 1 - 0 2 D W G # ISSUE / REVISION ED VALASQUEZ LUNA CONSTRUCTION 501 S OLIVE STREET ANAHEIM, CA 92805 PROPOSED DECORATIVE CMU WALL 01-10-20 SUBMIT TO CLIENT 02-01-20 ADDED ROLLING GATE_OLIVE ST LEGENDSITE NOTES PROJECT DESCRIPTION S I T E P L A N N O R T H 1 / 1 6 " = 1 ' - 0 " S C A L E SANTA ANA S T R E E T O L I V E S T R E E T ADDITIONAL NOT E S 05-19-20 INCORPORATED PC COMMENTS A T T A C H M E N T N O . 2 P R E A P P R O V E D D E C O R A T I V E C M U B L O C K P R E A P P R O V E D D E C O R A T I V E W A L L C A P S T E E L R O L L I N G G A T E B L A C K R U S T P R O O F F I N I S H P R E A P P R O V E D D E C O R A T I V E W A L L C A P ⅊ ℄ ⅊ ℄ STANDARD CMU SECTIONS1A-2DE C O R A T I V E C M U W A L L E L E V A T I O N 4 A - 2 SCA L E : 1 / 2 " = 1 ' - 0 " A - 2 D E T A I L S ATTENTION: If, the drawings are provided in an electronic format (on computer disk or computer file via e-mail) as a courtesy to client, the delivery of the electronic file does not constitute the delivery of our professional work product. The signed paper print delivered with this electronic file constitutes our professional work product, and in the event the electronic file is altered, the print must be referred to, for the original and correct architectural/engineering information. We shall not be responsible for any modifications made to the electronic file, or for any products derived from the electronic file which are not reviewed, signed and sealed by us. This document contains information proprietary to RB Engineers, Inc. and is furnished in confidence for the limited purpose of evaluation, bidding or review. This document or its contents may not be used for any other purpose and may not be reproduced or disclosed to others without the prior consent of RB Engineers, Inc. All rights reserved. S C A L E : D A T E : S H E E T T I T L E O F S H E E T : S I T E A D D R E S S : J O B : O F S H E E T S R B 1 9 . 8 0 0 1 - 1 0 - 2 0 2 0 1 / 1 6 " = 1 ' - 0 " PROJECT DESCRIPTION: OWNER: 5 0 1 S O L I V E S T R E E T A N A H E I M , C A 9 2 8 0 5 A P N : 2 5 1 - 0 8 1 - 0 2 D W G # ISSUE / REVISION ED VALASQUEZ LUNA CONSTRUCTION 501 S OLIVE STREET ANAHEIM, CA 92805 PROPOSED DECORATIVE CMU WALL S E C T I O N 2 A - 2 S C A L E : 1 / 8 " = 1 ' - 0 " S E C T I O N 3 A - 2 S C A L E : 1 / 8 " = 1 ' - 0 " N.T.S. 01-10-20 SUBMIT TO CLIENT 02-01-20 ADDED ROLLING GATE_OLIVE ST 05-19-20 INCORPORATED PC COMMENTS EXISTING PALMS 1' x 1' VINE POCKETS (TYP.) PLANTING LEGEND Symbol Botanical Name/Common Name Quantity Size TREE Phoenix dactylifera / Date Palm 6 L 18' min. clear trunk SHRUBS Agave attenuata / Foxtail Agave 45 5g L @ 30" o.c. Aloe barberae / Tree aloe 12 5g L @ 36" o.c. Calamagrostis acutifolia 'Karl Forester'/ 52 5g M Feather reed grass @ 24" o.c. Euphorbia tirucalli / Firesticks 21 5g L @ 36" o.c. Stipa tenuissima / Mexican feather grass 70 1g L @ 24" o.c. VINE Ficus pumila/ Creeping fig vine 66 5g M @ 72" o.c. GROUND COVER Aeonium 'Firecracker'/ Firecracker houseleek 89 1g L 200 sf @ 18" o.c. = x plants Decomposed granite RemarksWUCOLS Robinia ambigua /11 36" Box VL Locust Stipa tenuissima / Mexican feather grass Aeonium 'Firecracker'/ Firecracker houseleek GROUNDCOVER Civil Engineer: Project location: Luna Construction 501 S. Olive St. Anaheim, CA 92805 R.B. Engineers Inc, 2139 Pinecrest Dr. Altadena, CA 91001 501 S Olive St. Anaheim, CA 92805 Scale: Date: L A N D S C A P E COURTLAND STUDIO, LLC A R C H I T E ECT U R 505 E Colorado Blvd. Mezz C Pasadena CA 91101 P: 818-788-9382 F: 818-788-3217 Licensed Landscape Architect #3620 Client: 08/27/20 1/16" = 1'-0" LANDSCAPE PLAN L-1.00' SCALE: 1/16" = 1'-0" 8' 16'32' WHEN PRINTED ON 24" X 36" PAPER. Decomposed granite AREA SUMMARY TOTAL LOT AREA = APPROX. 35,000 SF LANDSCAPE AREA OF PROJECT = 971 SF REQUIRED: A MINIMUM OF 1 TREE/20 LF OF STREET FRONTAGE 333 LF / 20 = 16.6 TREES PROVIDED: 17 TREES REQUIRED: 50% OF ALL REQUIRED SHRUBS SHALL BE A MINIMUM SIZE OF 5G AT TIME OF PLANTING - 233 SHRUBS/VINES x 50% = 116.5 PLANTS PROVIDED: 196 5G SHRUBS/VINES (168% OF REQUIRED) REQUIRED: A MINIMUM 15% OF LANDSCAPED AREAS SHALL BE PLANTED W/ GROUNDCOVER AND A MINIMUM OF 10% SHALL BE PLANTED WITH SHRUBS. 971 SF x 15% = 145.6 SF (GROUNDCOVER) 971 SF x 10% = 97.1 SF (SHRUBS) PROVIDED: (GROUNDCOVER) 200 SF (137% OF REQ.) (SHRUBS) 771 SF (794& OF REQ.) VINE Ficus pumila/ Creeping fig vine Euphorbia tirucalli / / Firesticks Phoenix dactylifera / Date Palm SHRUBS TREES Robinia ambigua / Locust Aloe barberae / Tree aloe Agave attenuata / Foxtail agave Calamagrostis acutifolia 'Karl Forester' / Feather reed grass SEE SHEET L1.1 FOR ENLARGEMENTS L1.1 1 L1.1 2 L1.1 3 L1.1 4 2020-08-27 Olive SD Set 2020-08-27 Olive SD Set EXIST I N G P A L M S Civil Engineer: Project location: Luna Construction 501 S. Olive St. Anaheim, CA 92805 R.B. Engineers Inc, 2139 Pinecrest Dr. Altadena, CA 91001 501 S Olive St. Anaheim, CA 92805 Scale: Date: L A N D S C A P E COURTLAND STUDIO, LLC A R C H I T E ECT U R 505 E Colorado Blvd. Mezz C Pasadena CA 91101 P: 818-788-9382 F: 818-788-3217 Licensed Landscape Architect #3620 Client: 08/03/20 1/8" = 1'-0" AREA ENLARGEMENTS L-1.1 WHEN PRINTED ON 24" X 36" PAPER. 0' SCALE: 1/8" = 1'-0" 4' 8'16' WHEN PRINTED ON 24" X 36" PAPER. 1 2 3 4 2020-08-27 Olive SD Set 2020-08-27 Olive SD Set Luna Construction Management, LLC 501 S. Olive Street Anaheim, CA 92805 949-933-0597 June 15th, 2020 Statement of Justification for Variance: 501 S. Olive Street, Anaheim, CA 92805 Dear City of Anaheim, We are requesting a variance for the location of our proposed CMU perimeter wall around our property at 501 S Olive Street. Our intent is to erect the wall 7 feet from our actual property line instead of the 25 feet (15 feet from the 10-foot easement) that is the current code provision. This letter will help outline the justifications for our variance, and how this variance will help our business, our neighborhood, and this great city. In reviewing Chapter 18.74.060 of the Anaheim Municipal Code, we feel our findings warrant such a variance being granted. The property size is 345,893 square feet and it is on a corner lot. Given this footprint, we would be wasting a lot of usable square footage if our wall was placed 15 feet from the 10-foot easement. This would also create a lot of dead/wasted space that would sit in plain view of the public. Having 15’ from the public footpath to where the CMU wall would start would require a lot of hardscape and or landscape and would create large areas for waste or trash to gather. However, if we were to place the wall 7’ from the actual property line, we would still have room for the easement/footpath for pedestrians, hardscape in front of the wall to beautify the area (whole perimeter on the front facing areas of the property on Olive Street and Santa Ana Street), then the CMU wall. This variance will shorten the dead space between the footpath and the wall, which assists us in the beautification on the property. Another finding we feel aides our case is the topography and the current location of the building structures on the lot. Since these structures were built before some setback requirements were created/enforced, the location of them and where the perimeter wall should be placed per code provision do not match up. The outlier building on Olive street is very close to the public footpath/easement, and having the wall set back even further than what we are proposing will create an awkward structure. This will not allow the building to flow smoothly and will create issues for our improvements and upgrades. It will also cause us to lose usable square footage within the wall for work use and for our staff. The third finding we feel assists us in this request is the location of our property and its proximity to the Anaheim Packing House and local breweries/wine shops. Given these businesses draw big crowds, we get a lot of foot traffic from those parking on Santa Ana Street and Olive Street to walk to enjoy food & beverages. Our wall will provide security to our property and equipment in the warehouse, as well as will provide a pleasant and appealing scenery for those walking by. In our hardscape we plan to have landscape lighting, which will help lighten up the footpath for those traveling in the evening as they go to enjoy the local Anaheim locations. We are also looking at ideas of how we can use the space on Santa Ana Street that will be within our wall to share with the city and our neighbors. We are aiming to build a secure, safe, and welcoming environment with our improvements ATTACHMENT NO. 3 Luna Construction Management, LLC 501 S. Olive Street Anaheim, CA 92805 949-933-0597 and want to find a way to share this area. Some possibilities are an outside area for a local farmer’s market on the weekends, or a nice area the businesses within the Packing House with limited room and storage can use for outdoor events when the weather permits. These are among some of the long-term plans, but we are thinking of many variables when trying to find the perfect location for the perimeter wall for ourselves, the city, and our neighbors. Safety is another factor we feel helps this discussion in our favor. Because we are near the railroad tracks, we have quickly noticed that we are more susceptible to graffiti, vandalism, and are essentially exposed. The chain-linked fences were being cut and we were made aware of just how imperative the CMU wall was to our future here. Because the wall is meant to promote safety, and the general welfare of our employees and neighbors, we feel we meet the compliance qualifications outlined in the Anaheim Municipal Code in Chapter 18.74.050 (conditions). We are working hard to update the building, beautify the land, and help continue to drive the gentrification in the neighborhood. We love the area, and want to fit in with the beautiful buildings of the Anaheim Packing House, Make Brewery, Pali Wine, etc. The CMU wall will assist us in doing so, as well as securing our asset and people. There will be no outside storage of any materials, but we will have valuable materials stored in the warehouse, making the CMU wall, again, vital to our safety and security. The details of the wall are clearly outlined on Sheet A2, which is being submitted with this letter, and the other approvals we were requested to obtain for this variance. We look forward to working with you on this to be granted the variance, and to start work quickly to beautify our property. Please let us know if you have any further questions or concerns, and we appreciate your time. Thank you Ed Valasquez | Chief Operating Officer Luna Construction Management, LLC 949.933.0597 | evalasquez@luna-cm.com ATTACHMENT NO. 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: SEPTEMBER 14, 2020 SUBJECT: RECLASSIFICATION NO. 2019-00324 CONDITIONAL USE PERMIT NO. 2019-06040 DEVELOPMENT AGREEMENT NO. 2020-00003 LOCATION: 1122 North Anaheim Boulevard APPLICANT/PROPERTY OWNER: The applicant is Robert Kim, representing Renaissance City North Anaheim LLC, and the property owner is 1122 N. Anaheim Blvd, LLC. REQUEST: The applicant requests approval of the following zoning entitlements: 1) A Zoning Reclassification to apply “MU” Mixed-Use Overlay zone to the existing “I” Industrial base zone; 2) A Conditional Use Permit (CUP) to allow for the construction of a residential development consisting of 269 residential units (apartments) with modified development standards; and 3) A Development Agreement to permit a voluntary financial contribution to support the City’s affordable housing programs. BACKGROUND: Subsequent to the initial noticing of this project, the applicant agreed to enter into a Development Agreement with the City to permit a voluntary financial contribution to support the City’s affordable housing programs. An Initial Study in support of a Mitigated Negative Declaration (IS/MND) was prepared to evaluate the environmental impacts of the proposed project and to identify necessary mitigation pursuant to the requirements of the California Environmental Quality Act (CEQA). The IS/MND was circulated to public agencies and interested parties on March 12, 2020, for a 20-day comment period. On August 17, 2020 the Planning Commission approved the applicant’s request to continue the item to the September 14, 2020 Planning Commission meeting. The IS/MND was recirculated to public agencies and interested parties on August 6, 2020, for a 30-day comment period from August 6, 2020 to September 8, 2020. Staff received comments on the IS/MND document during this period. The applicant is requesting a continuance to the September 28, 2020 Planning Commission meeting to allow time for the City and City’s consultant to prepare responses to these comments. RECOMMENDATION: Staff recommends that the Planning Commission continue the public hearing for this item to the meeting of September 28, 2020. Prepared by, Submitted by, Scott Koehm, AICP Niki Wetzel, AICP Senior Planner Deputy Planning and Building Director Attachment: 1. Continuance Letter Request IDEV 2019-00087INDUSTRIAL C-G SINGLE FAMILY RESIDENCE RM-4SINGLE FAMILY RESIDENCE RS-2FOURPLEX RM-4 DUPLEX RM-4SINGLE FAMILY RESIDENCEC-GRETAIL C-GRETAIL RM-3MEDICAL OFFICE RM-3OFFICES IINDUSTRIAL IINDUSTRIAL I (MU)MIXED-USERESIDENTIAL(UNDERCONSTRUCTION) IINDUSTRIAL C-GINDUSTRIAL IVACANT RM-4 PARKING LOT RM-4PARKING LOT PRLA PALMA PARK& STADIUM ISocial Service Facility C-GRETAIL RM-4VACANT RM-4SFR RM-4 RETAIL C-GRETAIL C-G COLUMBUS CLUB OF ANAHEIMTTRIPLEX C-G RETAIL C-GRETAIL C-GVACANT C-GVACANT I (MU)VACANT IVACANT IVACANT IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL C-G (MU)MIXED-USERESIDENTIAL(UNDERCONSTRUCTION) I (MU)MIXED-USERESIDENTIAL (UNDERCONSTRUCTION) N A N A H E I M B L V D N K E M P S T N LA PALMA PARK WAY W CARL KARCHER WAY N . E A S T S T W. LA PALMA AVE E. LA PALMA AVE N . A C A C I A S T E. LINCOLN AVE N . H A R B O R B L V D 1122 North Anaheim Boulevard DEV No. 2019-00087 Subject Property APN: 035-010-51 °0 50 100 Feet Aerial Photo:May 2019 N A N A H E I M B L V D W LA PALMA AVE N K E M P S T N LA PALMA PARK WAY W CARL KARCHER WAY N . E A S T S T W. LA PALMA AVE E. LA PALMA AVE N . A C A C I A S T E. LINCOLN AVE N . H A R B O R B L V D 1122 North Anaheim Boulevard DEV No. 2019-00087 Subject Property APN: 035-010-51 °0 50 100 Feet Aerial Photo:May 2019 From:Robert Kim To:Scott Koehm Cc:Ted White; Ted Frattone; Michael Capaldi; Gregory Powers Subject:Request for Planning Commission Hearing Continuance Date:Wednesday, September 09, 2020 12:58:22 PM Scott, I am writing this email to request continuance of our Planning Commission Hearing from 9/14 to 9/28 in order to allow the staff and environmental consultant to respond to comments received on IS / MND please. Please do not hesitate to let me know if you have any questions or comments. Thank you. bk Robert H. Kim RPP Equities, LLC 4675 MacArthur Court, Suite 550 Newport Beach, CA 92660 website: www.renpacdev.com email: RHKim@renpacdev.com phone: (714) 658-6299 ATTACHMENT NO. 1 200 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.