Loading...
Resolution-PC 2012-029RESOLUTION NO. PC2012 -029 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT PREVIOUSLY - CERTIFIED ENVIRONMENTAL IMPACT REPORT NO. 2010-00343 AND ADDENDUM ARE THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING CITY COUNCIL APPROVAL OF CONDITIONAL USE PERMIT NO. 2010 -05492 (DEV2010- 00043A) (2626 EAST KATELLA AVENUE) WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010- 05492, as described below; and WHEREAS, the applicant requests a Conditional Use Permit to permit a transit facility (the Anaheim Regional Transportation Intermodal Center); and WHEREAS, the subject property is developed with industrial uses and is located in the Semi Public (SP) Zone and the Platinum Triangle Mixed Use (PTMU) Overlay Zone, and the Anaheim General Plan designates this property for Mixed -Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 23, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed amendment to conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The proposed request to permit a transit facility is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.14.030.040.0402 (Transit Facilities). 2. The proposed conditional use permit, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the transit facility would be a relocation of an existing transit facility located approximately one quarter mile away, in a larger facility with more parking and services than the existing station, and said transit facility would not be detrimental to the adjacent properties. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to the particular area or to the health and safety. PC2012 -029 4. The traffic generated by the proposed project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the proposed project includes street improvements to adequately serve the traffic generated by the transit facility. 5. The granting of the conditional use permit and the variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed project will be compatible with the surrounding area through conditions of approval for the use and is not a health or safety risk to the citizens of the City of Anaheim. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Commission has reviewed the proposed Conditional Use Permit for a transit facility and does recommend that the City Council, based on its independent review of Previously- Certified Environmental Impact Report No. 343 and Addendum prepared in connection with the Anaheim Regional Intermodal Center, and the requirements of California Environmental Quality Act ( "CEQA "), unless additional or contrary information is received during the public meeting, find and determine that Previously- Certified Environmental Impact Report No. 343 and Addendum are adequate to serve as the required environmental documentation for said proposed Conditional Use Permit and satisfy all the requirements of CEQA; and that no further environmental documentation need be prepared for the proposed Conditional Use Permit. NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the reasons hereinabove specified does hereby recommend City Council approval of Conditional Use Permit No. 2010 -05492 to permit a transit facility. BE IT FURTHER RESOLVED, that amendments, modifications and revocations 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 Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 2 - PC2012 -029 BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOL 0 was adopted at the Planning Commission meeting of April 23, 2012. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, A AHEIM CITY SECRETARY. ANAHEIM CITY PLANNING COMMISSION ING COMMISSION I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 23, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 23"' day of April, 2012. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2012 -029 EXHIBIT "A" DEV NO. 2010-00043A E KATELLA AVE APN: 232 - 072 -03 Q 0 0 0 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. -4 PC2012 -029 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF GRADING PERMITS 1. City shall participate in a multi jurisdictional effort with Caltrans to develop a study to identify fair share contribution funding sources attributable to and paid from private and public development to supplement other regional and state funding sources necessary to implement feasible traffic improvements to state facilities as identified in the EIR. The study shall include fair share contributions related to private and/or public development based on nexus requirements contained in the Mitigation Fee Act (Government Code section 66000, et seq.) and 14 CCR section 15126.4(a)(4) and, to this end, the study shall recognize the state wide and regional contributions to impact state facilities that are not attributable to local development such that local private and public development are not paying in excess of such developments' fair share obligations. The fee study shall be compliant with Government Code section 66001(g) and any other applicable provisions of law. The study shall set forth a timeline and other agreed -upon relevant criteria for the implementation of the recommendations contained within the study to the extent Caltrans and other agencies agree to participate in the fee study program. Public Works Traffic and Transportation Division c'i The EIR concluded that a number of identified state facilities will operate at deficient levels of service with the Project at the 2013 and 2030 timelines. The Project's contributions to traffic in these facilities will contribute to cumulative congestion on these identified state facilities. Improvements to these facilities would mitigate the Project's impacts to less than significant levels. Prior to the issuance of the first grading permit the City shall transfer the agreed to amount into the City's Traffic Impact Fee Account and hold the amount in trust and apply such amount following the implementation of any traffic fee program. Public Works Traffic and Transportation Division 3. The sequencing of grading /excavation activities shall be noted on the grading plans submitted to the Anaheim Public Works Department for review and approval and in the contractor's specifications. Excavation of the soil for the Intermodal Terminal shall precede excavation of Douglass Public Works Development Services Division EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2010-05492 (DEV2010- 00043A) Includes Mitigation Measures from Previously- Certified Environmental Impact Report No. 2010 -00343 5 PC2012 -029 6- PC2012 -029 Road under the bridge, and both activities shall occur in sequence. 4. An export plan showing quantities and identified haul route shall be shown on grading plans submitted to the Anaheim Public Works Department for review and approval and in the contractor's specifications. Exporting of soil during excavation shall be limited to 25 on -road truck trips per day during excavation and grading. Public Works Development Services Division 5. The City will verify that the project WQMP which meets the requirements of the DAMP is complete. Public Works Development Services Division 6. A letter shall be submitted by the contractor to the Public Works Department, identifying the certified archaeologist that has been hired to ensure that the following actions are implemented: a) The archaeologist shall be present at the pregrading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the City for exploration and /or salvage; b) Specimens that are collected prior to or during the grading process shall be donated to an appropriate educational or research institution; c) Any archaeological work at ARTIC shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological observer is not present, grading shall be diverted around the area until the observer can survey the area; and d) A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. Public Works Development Services Division 7. A letter shall be submitted by the contractor to the Public Works Department, identifying the certified paleontologist that has been hired to ensure that the following actions are implemented: a) The paleontologist shall be present at the pregrading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification and evaluation of fossils if potentially significant paleontological observer shall deter inine appropriate actions in cooperation with the property owner /developer for Public Works Development Services Division 6- PC2012 -029 -7 PC2012 -029 exploration and /or salvage; b) Specimens that are collected prior to or during the grading process shall be donated to an appropriate educational or research institution; c) Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological observer is not present, grading shall be diverted around the area until the monitor can survey the area; and d) A final report detailing the findings and disposition of the specimens shall be submitted. Upon the completion of the grading, the paleontologist shall notify the City as to when the final report will be submitted. PRIOR TO THE APPROVAL OF STREET IMPROVEMENT PLANS /FOLLOWING THE COMPLETION OF EXCAVATING INTERMODAL TERMINAL AND DOUGLASS ROAD UNDER THE BRIDGE 8. Street improvement plans submitted to the Anaheim Public Works Department for review and approval shall indicate sequencing of the street improvements. Road widening and sidewalk improvement projects shall occur following the completion of the excavating activities. Public Works Development Services Division PRIOR TO ISSUANCE OF A DEMOLITION PERMIT, GRADING PERMIT OR BUILDING PERMIT, WHICHEVER OCCURS FIRST/ NO MORE THAN ONE WEEK PRIOR TO DEMOLITION AND VEGETATION CLEARING 9. A letter shall be submitted to the Public Works Department attesting that no more than one week prior to demolition and vegetation clearing, a qualified biologist shall conduct a breeding and nesting bird survey within ARTIC construction footprint and within a 500 -foot buffer around the site. The purpose of the survey is to ensure that no active nests are located within or adjacent to the project area. Nesting season for raptors begins February 15 and the traditional breeding season for native and migratory birds begins March 15. If clearing starts after October and before the nesting season, there is no need for nesting bird surveys. If an active nest is detected, a suitable buffer around the nest shall be established dependent on the type of species detected and location of the nest as determined by a qualified biologist and in accordance with the requirements of the CDFG Code. The nest avoidance area shall be flagged and shall be avoided until after the young have fledged and the nest is no longer in use. Documentation showing that this mitigation measure has been completed shall be sent to the City by the contractor. This documentation shall include a description of the survey results and whether any subsequent actions were required prior to commencement of demolition and vegetation clearing. The CDFG may authorize the relocation Public Works Development Services Division Planning Department Building Division -7 PC2012 -029 8 PC2012 -029 of the nest but consultation is required to ensure that no direct or indirect impacts result from this action and compliance with the MBTA and CDFG Codes. PRIOR TO THE ISSUANCE OF EACH BUILDING AND GRADING PERMIT, AS APPLICABLE /ONGOING DURING CONSTRUCTION 10. Diesel or gasoline power generators shall be limited to less than two hours of use per day. This restriction shall be clearly noted on the grading /excavation and building plans submitted to the Anaheim Public Works Department and Building Division for review and approval. This information shall also be included in the contractor's specifications. Public Works Development Services Division Planning Department Building Division 11. Construction equipment and supplies shall be located in staging areas that shall create the greatest distance possible between construction related noise sources and noise sensitive receivers nearest the project area. This information shall be specified on all grading, excavation and construction plans. Planning Department Building Division 12. In areas that have been identified as potential soil contaminated, appropriate sampling is required prior to disposal of excavated soil. Contaminated soil will be properly disposed at an off -site facility. Public Works Development Services Division PRIOR TO ISSUANCE OF BUILDING PERMITS 13. That if new on -site water facilities are required, those facilities shall be private and separate water services /systems for fire protection and domestic water shall be installed. Public Utilities, Water Engineering Division 14. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully - screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for Building Permits. Public Utilities, Water Engineering Division 15. That all requests for new water services or file lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering Division 16. If the project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with Chapter 18.19 of Anaheim Municipal Code and Ordinance No. 5349 regarding water conservation. Public Utilities, Water Engineering Division 8 PC2012 -029 17. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and /or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities, Water Engineering Division 18. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water engineering Division) and Easement twenty (20) feet in width for large meters and other public water facilities. Public Utilities, Water Engineering Division 19. That prior to applying for water meters, fire lines or submitting the water improvement plans for approval, the developer /owner shall submit to the Public Utilities Water Engineering an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off -site water system improvements required to serve the project shall be done in accordance with Rule 15A.6 of the Water Utility Rates, Rules, and Regulations. Public Utilities, Water Engineering Division 20. That all recycled water piping, fittings and meters and appurtenances shall be purple and marked per the requirements of the City of Anaheim Recycled Water Users' Guide. Public Utilities, Water Engineering Division 21. That the Owner /Developer shall submit an Engineering Report to Water Engineering and obtain a Recycled Water Use Permit from the City of Anaheim per the requirements of the City of Anaheim Recycled Water Users' Guide for the use of recycled water in Dual Plumbed Facility. The Engineering Report must be reviewed and approved by the City of Anaheim, the State of California and the County of Orange prior to rendering recycled water use. Public Utilities, Water Engineering Division 22. The City shall transmit the project's applicable traffic impact fee into the City's Traffic Impact Fee Account and pay for the Project's fair share of City improvements related to ARTIC. The City shall ensure that such improvements will be constructed pursuant to the fee program at that point in time necessary to avoid identified significant impacts on traffic. Public Works Traffic and Transportation Division ONGOING DURING CONSTRUCTION 23. Noise generated by construction shall be limited to 60 dBA along Douglass Road, Katella Avenue. and the tracks before 7 AM and after 7 PM, as governed by Chapter 6.70, Sound Planning Department Building -9 PC2012 -029 -- 10- PC2012 -029 Pressure Levels, of the Anaheim Municipal Code. If 60 dBA is exceeded during these hours, noise attenuation features (i.e. temporary noise barriers, sound curtains, etc.) shall be installed to reduce noise levels to below 60 dBA at the exterior of the affected building. These noise attenuation features may be removed if a qualified noise specialist determines that noise levels are not significantly impacted by nighttime construction. Division 24. When excessive noise during construction is anticipated before 7 AM and after 7 PM the contractor shall request an exception to the requirements of Chapter 6.70 of the Anaheim Municipal Code. The request shall be submitted in accordance with the provisions contained in Chapter 6.70 and shall include a construction schedule and a list of equipment to be used during that time frame. This information shall be provided to the Director of Public Works or Chief Building Official for consideration. Planning Department Building Division 25. In the unlikely event of the accidental discovery of human remains during project construction, the procedures outlined in §15064.5(e) of the CEQA Guidelines, §7050.5(b) and (c) of the State Health and Safety Code, and §5097.94(k) and (i) of the Public Resources Code shall be strictly followed. These procedures specify that, upon discovery, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains can occur. The county coroner shall be contacted to determine if the remains are Native American. If the remains are determined to be Native American, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC shall identify the Most Likely Descendent (MLD). The MLD shall make recommendations for the appropriate treatment and disposition of the remains and any associated grave goods in accordance with PRC §5097.98. Public Works Construction Services and Development Services Divisions PRIOR TO FINAL BUILDING AND ZONING INSPECTION 26. The City will verify that the project BMPs were installed as indicated in the WQMP. Public Works Department Development Services Division ONGOING DURING PROJECT OPERATIONS 27. That the transit facility shall only include as accessory uses. those uses permitted by right within the Semi - Public Zone and the following uses as described in Chapter 18.36 (Types of Uses) of the Anaheim Municipal Code: 1. Alcoholic Beverages Sales -On -Sale (up to four Type 47 ABC Licenses and one Type 48 ABC License) Planning Department Planning Services Division -- 10- PC2012 -029 PC2012 -029 2. Automated Teller Machines (ATM's) 3. Automotive - Public Parking 4. Automotive - Rental Agencies 5. Bars and Nightclubs (one Type 48 ABC License) 6. Business & Financial Services 7. Convenience Stores 8. Kiosks 9. Open -Air Festivals 10. Outdoor Displays 11. Personal Services — General 12. Petroleum Storage — Incidental 13. Portable Food Carts 14. Recreation- Low - Impact 15. Recycling Services — Consumer 16. Restaurants- General 17. Restaurants -Semi- Enclosed 18. Retail Sales — General 19. Retail Sales — Kiosks 20. Special Events 28. At all times when any restaurant within the Transit Facility is Police open for business, said restaurant shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. Department 29 The sale of alcoholic beverages for consumption off the Police premise shall be prohibited. Department 30 There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Police Department 31. That any alcoholic beverage license for a restaurant within Police the Transit Facility shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premises as defined by Section 23039 of the Business and Professions Code. Department 32 There shall be no admission fee, cover charge, nor minimum Police purchase required for any restaurant or bar within the Transit Department Facility. 33. Parking Lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about Police Department PC2012 -029 - 12 - PC2012 -029 the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. 34. There shall be no entertainment, amplified music or dancing permitted on the premise at any time unless the proper permits have been obtained from the City of Anaheim. Police Department 35. The approval of this applicant constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Planning Department, Planning Services Division 36. This property shall be developed substantially in accordance with the plans, technical studies and specifications submitted to the City of Anaheim by the applicant and as conditioned herein, which include the plans, exhibits and technical studies submitted as Attachments 6, 7, 8 and 9 to the Planning Commission Staff Report. Said plans and studies are on file in the Planning Department. Planning Department, Planning Services Division 37. The City will inspect the BMPs and verify that the BMPs properly maintained and functioning as per the WQMP. Public Works Department Development Services Division - 12 - PC2012 -029