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PC 2012/07/16 City of Anaheim Planning Commission Agenda Monday, July 16, 2012 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Victoria Ramirez • Chairman Pro-Tempore: Harry Persaud • Commissioners: Peter Agarwal, Paul Bostwick, Stephen Faessel, Michelle Lieberman, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning 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, July 12, 2012, 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 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 07/16/12 Page 2 of 7 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 07/16/12 Page 3 of 7 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2011-05583 VARIANCE NO. 2011-04881 (DEV2011-00128) Location: 1000 South Anaheim Boulevard The applicant proposes to permit and retain an existing modular office trailer and an existing Magnetic Resonance Imaging (MRI) trailer in conjunction with an existing office building with less parking spaces than permitted by code; and to permit and retain an existing perimeter fence that is higher than permitted by code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Continued from the July 2, 2012 Planning Commission meeting. Staff Report New Correspondence Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 3 CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) CONDITIONAL USE PERMIT NO. 2009-05403A VARIANCE NO. 2008-04761A FINAL SITE PLAN NO. 2008-00004A (DEV2012-00075) Location: 1820 South Harbor Boulevard The applicant requests approval for an extension of time to comply with the conditions of approval for an approved nine-story, 252-room hotel with accessory uses. Environmental Determination: Environmental Determination: CEQA Previously-Approved Mitigated Negative Declaration together with Mitigation Monitoring Program No. 156. Staff Report New Correspondence Project Planner: Andy Nogal anogal@anaheim.net 07/16/12 Page 4 of 7 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2012-05595 (DEV2012-00022) Location: 2550 East Miraloma Avenue The applicant proposes to permit and retain an existing outdoor contractor’s storage yard. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Staff Report New Correspondence Item was withdrawn as requested by the applicant. Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 5 CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) CONDITIONAL USE PERMIT NO. 2012-05611 VARIANCE NO. 2012-04898 (DEV2012-00061) Location: 1480 North Tustin Avenue The applicant requests to expand an existing auto auction facility with a fence higher than permitted by code within the front setback area and less front yard landscaping than permitted by code. Environmental Determination: CEQA Previously Approved Negative Declaration. Staff Report New Correspondence Project Planner: Andy Nogal anogal@anaheim.net 07/16/12 Page 5 of 7 ITEM NO. 6 CONDITIONAL USE PERMIT NO. 2012-05613 (DEV2012-00063) Location: 2557 West Woodland Drive The applicant proposes to permit an adult day care facility within an existing industrial building. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Staff Report New Correspondence Project Planner: David See dsee@anaheim.net Adjourn to Monday, July 30, 2012 at 5:00 p.m. 07/16/12 Page 6 of 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. July 11, 2012_ (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 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. 07/16/12 Page 7 of 7 S C H E D U L E 2012 July 30 August 13 August 27 September 10 September 24 October 8 October 22 November 5 November 19 December 3 December 17 December 31 C -G (S A B C ) O F F IC E S R S -2 S IN G L E F A M IL Y R E S ID E N C E R S -2 S IN G L E F A M IL Y R E S ID E N C E R S -2 S IN G L E F A M IL Y R E S ID E N C E C -G (S A B C )H O S P IT A L RM-4 (SABC)CLIFTON APTS16 DU C-G (SABC)RETAILC-G (SABC)ARVINAPTS24 DU R M -4 (S A B C )P A L M C O U R T A P T S 1 6 D U R M -4 (S A B C )A P A R T M E N T S 5 6 D U I (SABC)VOCATIONAL SCHOOL C -G (S A B C ) M E D IC A L O F F IC E C -G (S A B C )S IN G L E F A M IL Y R E S ID E N C E C -G (S A B C )S IN G L E F A M IL Y R E S ID E N C E C -G (S A B C )O F F IC E C -GRETA IL C -G S IN G L E F A M IL Y R E S ID E N C ES ANAHEI M BLVDE C L IF T O N A V ES CLAUDI NA STE F L O R E N C E A V E E C H A R L O T T E A V E E L O R R A IN E D R S CLAUDI NA STE. BALL RDW. BALL RD S. ANAHEI M BLVDS. EAST STS. WALNUT STS. STATE COLLEGE BLVDE. CERRITOS AVES. LEWIS STS. M A N C H E S T E R AVE1 0 0 0 S ou t h A n ahe im B oul e va r d D E V N o . 2 0 1 1 -0 0 1 2 8 Subject Property APN: 234-142-14 ATTACHMENT NO. 1 °0 50 100 Feet Ae rial Pho to:May 20 11 S ANAHEI M BLVDE C L IF T O N A V ES CLAUDI NA STE F L O R E N C E A V E E C H A R L O T T E A V E E L O R R A IN E D R S CLAUDI NA STE. BALL RDW. BALL RD S. ANAHEI M BLVDS. EAST STS. WALNUT STS. STATE COLLEGE BLVDE. CERRITOS AVES. LEWIS STS. M A N C H E S T E R AVE1 0 0 0 S ou t h A n ahe im B oul e va r d D E V N o . 2 0 1 1 -0 0 1 2 8 Subject Property APN: 234-142-14 ATTACHMENT NO. 1 °0 50 100 Feet Ae rial Pho to:May 20 11 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2011-05583 AND VARIANCE NO. 2011-04881 (DEV2011-00128) (1000 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a Conditional Use Permit and Variance to permit and retain an existing office trailer and an existing Magnetic Resonance Imaging (MRI) trailer in conjunction with an existing office building with fewer parking spaces than permitted by the Anaheim Municipal Code on that certain 1.07-acre parcel of land commonly known as 1000 South Anaheim Boulevard in the City of Anaheim (the "Property"); and to permit and retain an existing perimeter fence on the Property that is higher than permitted by the Anaheim Municipal Code pursuant to Section 18.60.190 thereof; and WHEREAS, the Property is developed with an office building and is located in the General Commercial (SABC) South Anaheim Boulevard Corridor Overlay zone and is designated for Office-Low land uses in the Anaheim General Plan; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 16, 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 conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, this Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit and retain an existing office trailer and an existing MRI trailer in conjunction with an existing office building with fewer parking spaces than permitted by the Anaheim Municipal Code; and to permit and retain an existing perimeter fence that is higher than permitted by the Anaheim Municipal Code should be approved for the following reasons: 1. The proposed conditional use permit to permit an office trailer and an MRI trailer is properly one for which a conditional use permit is authorized under Section 18.08.030.040.0402 of the Anaheim Municipal Code. 2. The proposed conditional use permit to permit an existing office trailer and an MRI trailer, 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 existing office building and trailers are surrounded by commercial and office uses to the west, south and north; and, these trailers have existed in this location for many years with no adverse affects to adjoining land uses. - 2 - PC2012-*** 3. The size and shape of the site for the use is adequate to allow the full development of an office trailer and MRI trailer in a manner not detrimental to the particular area or to the health and safety because these trailers have been situated and effectively used on this property for many years. 4. The traffic generated by the office and MRI trailers will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and there is adequate parking on-site to accommodate the use. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, this Planning Commission does further find and determine that the request for a variance to permit and retain an existing perimeter fence that is higher than permitted by the Anaheim Municipal Code within required landscape setback areas should be approved for the following reasons: SECTION NO. 18.46.110.030 Maximum fence height permitted within required landscape setback adjacent to Anaheim Boulevard. (maximum 3-foot high fence permitted; 6 foot high fence proposed). 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 an identical zoning classification in the vicinity because this Property is in a high traffic area with multiple points of pedestrian access including an alley and, furthermore, the Property is irregularly shaped unlike other properties in the area; 2. That, because of 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. WHEREAS, this Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the medical office building with fewer parking spaces than allowed by the Anaheim Municipal Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (100 spaces required; 90 spaces proposed) 1. The variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the medical office building than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions because the on-site parking is adequate to accommodate peak parking - 3 - PC2012-*** demands for all uses combined. Further, the submitted parking justification letter states that the individual operational characteristics of each tenant will result in less than full utilization of the parking lot at any given time of the day. 2. The variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking is adequate to accommodate the peak parking demands of a medical office building. 3. The variance will not increase traffic congestion within the off-street parking areas provided for the restaurant since all parking is contained on-site and will not encroach into other parking facilities and the supply of parking is adequate for a medical office building. Further, the project does not propose new ingress or egress points and as designed on-site circulation is adequate and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the subject site. 4. The granting of 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 land use will be compatible with the surrounding area because the use is integrated with other uses on the property and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project is within that class of projects which consist of, among other things, the minor alteration of existing private structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that previously existing and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations (herein referred to as the "State CEQA Guidelines"), the installation and construction of the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of the California Environmental Quality Act (Public Resource Code Section 21000 et seq.; herein referred to as “CEQA”). NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2011-05583 and Variance No. 2011-04881 and subject to the conditions of approval described 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 subject 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 Anaheim Municipal 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 Anaheim Municipal Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 4 - PC2012-*** BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. 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 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 the applicant is responsible for paying all charges related to the processing of this discretionary case application within fifteen (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 RESOLUTION was adopted at the Planning Commission meeting of July 16 , 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Zoning Provisions - General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior 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 July 16, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of July, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 6 - PC2012-*** - 7 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2011-05583 AND VARIANCE NO. 2011-04881 (DEV2011-00128) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 2 Within 60 days of the approval of this Conditional Use Permit and Variance, the wrought iron fence along Anaheim Boulevard shall be moved to the location shown on the approved site plan (Exhibit 1) and the property owner shall remove portions of the existing wrought iron fence from the limits of the public alley right-of-way. Code Enforcement 3 Within 60 days of the approval of this Conditional Use Permit and Variance, the office and MRI trailers shall be moved to the locations shown on the approved site plan (Exhibit No. 1). Code Enforcement 4 The emergency back-up generator shall only be used in the event of a power disruption or during regular maintenance testing. Code Enforcement 5 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. Code Enforcement 6 The following Municipal Code violations, as noted in a Code Enforcement Memorandum dated June 18, 2012 which is included as an attachment to the staff report, shall be corrected within 60 days of the date of approval of this Conditional Use Permit and Variance. a) The peeling paint on the wood trim, wood fascia boards, and all decorative wood siding shall be repainted. Any damaged stucco shall also be repaired and painted. b) The generator stored on the east side of the building shall be removed and the discarded generator stored inside the trash enclosure shall be removed. Code Enforcement - 8 - PC2012-*** c) The trash enclosure shall be restored in accordance with Public Works, Streets and Sanitation design specifications. d) The wood ramps and steps leading to the portable trailers shall be repaired upon relocation of the trailers and maintained appropriately. e) The rear emergency exit doors for the office trailer shall not be obstructed in order to allow emergency evacuation as required by law. 7 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. Code Enforcement 8 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 marked Exhibit Nos. 1 (Site Plan), and as conditioned herein. Planning 2390 E. Orangewood Ave., Suite 510 - Anaheim, CA 92806 America Financial Services, Inc. March 2, 2011 Anaheim Planning Department 200 S. Anaheim Boulevard, 1st Floor Anaheim, CA 92806 Dear Ms. Norwood: Thank you for your comments regarding the application for Conditional Use Permit No. 2011-05583 (Orange Coast Surgery Center, OCSC). As detailed in the application, OCSC is requesting a conditional use permit to allow the continued use of an MRI trailer and associated modular office building in conjunction with the permanent medical office use. Orange Coast Surgery Center occupies 3,500 SF in the three story office building located at 1,000 South Anaheim Boulevard. The three-story medical office building is 16,600 gross square feet. The surgery center performs treatment for Pain Management and uses the MRI trailer to assist in diagnosing patients for treatment. In this resubmittal we will address the items noted in your letter dated December 20, 2011. 1. Unpermitted six-foot high, wrought iron fence surrounding the property within the required setback area: a. Variance: Please see the attached Justification for Variance as requested by the City. 2. Unpermitted MRI and office trailer: a. Restroom: There is no restroom located within the office trailer; the plans have been updated to reflect this. b. Vacancy in main building: The office trailer use cannot be moved into a vacant space within the existing medical office building. Staff had indicated there are a number of vacancies in the building that could be used in lieu of the modular office. The issue in not the availability of space, it’s the proximity of the check-in area to the MRI unit. Moreover, our goal is to have a thriving office complex with no vacancies. The current recession has made it difficult to attract and retain tenants. c. Ten-foot setback: The plans have been updated to move the modular office trailer off of the public alley. The Zoning Code does not require a setback when a commercial zone abuts a public alley. 3. Parking: a. Parking Ratio: Based on the existing uses, the parking ratio has been calculated at 4.67/1000. Half of the existing uses are considered medical, while the other half are not. The non-medical office space and vacant office space have been calculated at a parking ratio of 4/1,000 based on the City’s parking code. The combined uses on the property require 79 parking spaces; the property provides 90 on-site parking spaces. If any future proposed uses increase the number of required parking ATTACHMENT NO. 3 2 spaces above the 90 spaces currently provided, then a Parking Variance will be submitted to the City for review and approval. 4. Abandonment Application: a. OCSC is no longer requesting use of the alley; the abandonment application has been withdrawn. We propose to relocate the MRI trailer and accessory modular trailer so that these structures are entirely within the OCSC property boundary. The setback issue is now eliminated since the Zoning Code does not require a setback when a commercial zone abuts a public alley. We still propose to retain the modular office trailer as a convenience to our patients to intake, screen and prepare them for their MRI scan. Most of our patients have chronic conditions and having the check-in area adjacent to the MRI units eliminates the shuffling between the office on the third floor and unit. Emergency power for the MRI unit will be provided by a generator enclosed in a block wall enclosure adjacent to the modular office trailer. OCSC respectfully requests approval of the MRI trailer and associated modular office as this equipment is an integral part of surgery center’s business and is needed to serve its patients. It has been demonstrated that the use can be adequately accommodated on the property without impacting adjacent land uses. Should you have any questions regarding how OCSC operates, please feel free to contact me at (714) 606-7208. The following items are attached: Notarized authorization to process this application. Updated Tenant List. Revised Site Plan and Floor Plan. Justification for Variance form. Clean copy of Site Plan. All documents on CD-ROM. OCSC respectfully requests approval of the MRI trailer and associated modular office as this equipment is an integral part of surgery center’s business and is needed to serve its patients. It has been demonstrated that the use can be adequately accommodated on the property without impacting adjacent land uses. Should you have any questions regarding how OCSC operates, please feel free to contact me at (714) 606-7208. Sincerely, Greg McCafferty America Financial Services M E M O R A N D U M CITY OF ANAHEIM Code Enforcement Division DATE: JUNE 18, 2012 TO: VANESSA NORWOOD, ASSOCIATE PLANNER FROM: KEN MARSH, CODE ENFORCEMENT OFFICER #1016 SUBJECT: REMAINING VIOLATIONS OF THE ANAHEIM MUNICIPAL CODE ON THE PROPERTY LOCATED AT 1000 S. ANAHEIM BLVD. CONDITIONAL USE PERMIT #: CUP2011-05583 On Wednesday, June 13, 2012, in preparation for the Planning Commission meeting scheduled for July 2, 2012, regarding Conditional Use Permit # CUP2011-05583, I observed the following violations of the Anaheim Municipal Code to still exist on the property: A.M.C. 18.08.030.120.1201 - All uses shall be conducted wholly within a building in commercial zones. A.M.C. 6.44.010.070.0703 - Maintaining property with either un-painted buildings or with chipped or peeling paint. A.M.C. 18.90.030.030 - Compliance with regulations required. A.M.C. 10.10.080 - Enclosures for solid waste containers. .010 trash enclosure required. .020 Trash enclosure maintenance required. REMARKS: I observed the following violations pertaining to the above-listed Anaheim Municipal Codes. Code Enforcement recommends that these corrections be listed in the Conditional Use Permit Resolution as conditions of approval. 1. There was chipped and peeling paint on the wood trim, wood fascia boards, and all decorative wood sidings throughout the entire complex. 2. The stucco on the west side of the carport area was chipped, had discolored patchwork paint, and partially repaired stucco. 3. There was a large generator stored on the east side of the exterior of the building, on the east side sidewalk area. ATTACHMENT NO. 4 MEMORANDUM FOR CONDITIONAL USE PERMIT #CUP2011-05583 1000 S. ANAHEIM BLVD. PAGE 2 OF 5 att. no. 4 - code memo.docx 4. There was a discarded generator stored inside the trash enclosure and the trash bin was stored on the exterior of the trash enclosure. 5. The portable office trailers were stored on a City of Anaheim Public Alley. 6. There was a wrought iron fence blocking access to the City of Anaheim Public Alley. 7. The MRI trailer was stored on the required parking spaces. 8. The portable office trailers were stored on required parking spaces. 9. The wood ramps leading the portable trailers were deteriorated with large holes in the ramps. 10. The rear door emergency exit, from the portable trailers, was blocked by a wrought iron fence and was missing any ramp or steps to evacuate the trailers. I have enclosed copies of photos for several of the above listed violations. 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. SP 92-2DA1MOTELS SP 92-2DA1JOLLY ROGERINN REST. SP 92-2DA1SUPER 8MOTEL SP 92-1DA17-11MARKET SP 92-1DA1ABC MARTSP 92-1DA1NATIONALCAR RENTAL SP 92-2DA1SHERATON PARKHOTEL SP 92-2DA1CASTLE INN& SUITES SP 92-1DA1ANAHEIM DESERT PALMS HOTEL SP 92-1DA1CANDY CANE INN SP 92-2DA1PORTOFINO INN & SUITES SP 92-1GardenWalkGARDENWALKPARKINGSTRUCTURE SP 92-2DA1AMERICA'S BEST VALUEINN & SUITES SP 92-2DA1JOLLY ROGER HOTEL SP 92-2DA1VACANT SP 92-2DA1ZABY'S MOTOR LODGE SP 92-2DA1RED LION HOTEL SP 92-1DA4PARKING LOT SP 92-2DA1PARKING LOT SP 92-2DA1VACANT SP 92-2DA1ANAHEIM RESORTRETAIL CENTER SP 92-2DA1RAMADA PLAZA HOTELANAHEIM RESORT SP 92-2DA1VACANT W KATELLA AVE S HARBOR BLVDW. KATELLA AVE S. HARBOR BLVDS. LEWIS STS. WEST STS. NINTH STS. HASTER STS. WALNUT STS. M AN C HESTER AVES. ANAHEIM BLVDS. DISNEYLAND DRS. CLEMENTINE ST1 8 2 0 So uth Harbor Boulevard D E V N o. 2012-00075 Subject Property APN: 137-171-24 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 W KATELLA AVE S HARBOR BLVDW. KATELLA AVE S. HARBOR BLVDS. LEWIS STS. WEST STS. NINTH STS. HASTER STS. WALNUT STS. M AN C HESTER AVES. ANAHEIM BLVDS. DISNEYLAND DRS. CLEMENTINE ST1 8 2 0 So uth Harbor Boulevard D E V N o. 2012-00075 Subject Property APN: 137-171-24 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 REVISED (Page 5, Exhibit “A”) [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY-APPROVED MITIGATED NEGATIVE DECLARATION, TOGETHER WITH MITIGATION MONITFORING PROGRAM NO. 156, IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND AMENDING CONDITIONAL USE PERMIT NO. 2009-05403 (TRACKING NO. CUP2009-05403A) (1820 SOUTH HARBOR BOULEVARD) WHEREAS, on March 2, 2009, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission") adopted its Resolution No. PC2009-038 to permit a nightclub, health spa, murals visible to the public right-of-way, building integrated multi-tenant signs, and projecting signs, in conjunction with a nine-story, 252-room hotel with 75,593 square feet of accessory uses on certain real property located at 1820 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference (the "Project"); WHEREAS, on March 31, 2009, the Anaheim City Council adopted Resolution No. 2009-056 granting Conditional Use Permit No. 2009-05403 for the Project WHEREAS, the Planning Commission did receive a verified Petition to amend Conditional Use Permit 2009-05403 for the property (herein referred to and designated as “Conditional Use Permit 2009-05403A”) for an extension of time to comply with the conditions of approval for the Project; WHEREAS, Conditional Use Permit No. 2009-05403 was approved in connection with General Plan Amendment No. 2008-00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008-00055), Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009-00297), Variance No. 2008-004761, Public Convenience or Necessity No. 2009-00056, and Final Site Plan No. 2008-00004 (collectively, the "Entitlements"); and WHEREAS, on June 22, 2012, an application for an extension of time to comply with the conditions of approval was timely made in writing (i.e., within six (6) months following the expiration date of the Entitlements), and was accompanied by the appropriate filing fee. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 16, 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 No. 2009-05403 and to investigate and make findings and recommendations in connection therewith; and - 2 - PC2012-*** WHEREAS, the Planning Commission has reviewed the proposed amendment to Conditional Use Permit No. 2009-05403 and has considered the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156, which were approved by the Planning Commission and the City Council in connection with the approval of Conditional Use Permit No. 2009-05403, and finds and determines that (i) said environmental documentation is adequate to serve as the appropriate environmental documentation in connection with this request and satisfies all the requirements of the California Environmental Quality Act (“CEQA”); (ii) “none of the conditions described in Section 15162 [of the State CEQA Guidelines] calling for the preparation of a subsequent EIR or negative declaration have occurred” in connection with the proposed amendment to Conditional Use Permit No. 2009- 05403; and (iii) no further environmental documentation need be prepared for said amendment. WHEREAS, before granting any request for an extension of time to comply with conditions of approval pursuant to Section 18.60.170.020 of the Anaheim Municipal Code, the Planning Commission is required to make, and hereby makes, the following findings: 1. That the extension of time will not extend the approval beyond two (2) extensions, with each extension not to exceed one (1) year, or any greater or lesser time increment specified in the original resolution, or written decision if approved by the Planning Director. 2. That the approved project remains consistent with the General Plan and the zone district designation for the property. 3. That either no amendments to Title 18 of the Anaheim Municipal Code (the "Zoning Code") have occurred that would cause the approval to be inconsistent with the Zoning Code, or the petitioner has: (i) submitted revised plans demonstrating that the approved Project can be modified to bring it into conformance with such amendments to the Zoning Code; and (ii) agreed to modify the Project to conform to such amendments. 4. That the subject property is being maintained in a safe, clean and aesthetically pleasing condition, with no unremediated code violations on the property, as confirmed by an inspection of the subject property by the Community Preservation Division. Cost of inspection is established pursuant to subsection .030 of Section 1.01.389 (Enforcement of the Code – Community Preservation Officer – Inspection and Reinspections - Fees) of the Anaheim Municipal Code, and shall be paid by the applicant prior to consideration of the extension application by the approval authority. 5. That no additional information or changed circumstances are present which contradict the facts necessary to support one or more of the required findings for the original approval of the Project. - 3 - PC2012-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby approve the amendment to Conditional Use Permit No. 2009- 05403 subject to the conditions of approval described 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 subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED that approval of the amendment to Conditional Use Permit No. 2009-05403 is subject to the approval of the amendments to Variance No. 2008- 004761 and Final Site Plan No. 2008-00004; and BE IT FURTHER RESOLVED, that Conditional Use Permit 2009-05403A is approved without limitations on the hours of operation or the duration of the use, other than as may be contained in Conditional Use Permit 2009-05403. Amendments, modifications and revocations of Conditional Use Permit 2009-05403A may be processed in accordance with Chapter 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal 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 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 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 the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission meeting of July 16, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, “Zoning Provisions – General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior 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 July 16, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of July, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** - 6 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2009-05403 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING NIGHTCLUB/BAR GENERAL 1 At least one express elevator shall operate to take patrons of the nightclub directly to the eighth floor during hours of nightclub operation. Planning/Police 2 The permitted event or activity shall not create sound levels that violate any ordinance of the City of Anaheim. (Section 4.16.100.010 Anaheim Municipal Code) Police/ Code Enforcement 3 Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police/ Code Enforcement 4 Anytime the premises are providing entertainment, the petitioner(s) shall provide uniformed security personnel. Police/ Code Enforcement 5 The number of persons attending the event shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. Fire/ Code Enforcement 6 The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. Police/ Code Enforcement 7 All entertainers and employees shall be clothed in such a way as to not expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. Police/ Code Enforcement 8 No one under the age of 21 shall be allowed in the nightclub. Police/ Code Enforcement - 7 - PC2012-*** 9 The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act). Police/ Code Enforcement 10 The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. Police/ Code Enforcement 11 Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. Police/ Code Enforcement 12 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police/ Code Enforcement 13 The sale of alcoholic beverages for consumption off the premises is strictly prohibited. Police/ Code Enforcement 14 There shall be no requirement to purchase a minimum number of drinks. Police/ Code Enforcement 15 Signs shall be posted at all exits of the premises of the prohibition of alcoholic beverages from leaving the confines of the establishment. Police/ Code Enforcement 16 Alcoholic beverages cannot be included in the price of admission. Police/ Code Enforcement 17 There shall be no amusement machines or video game devices maintained upon the premises at any time without obtaining the proper permits from the City of Anaheim. Police/ Code Enforcement 18 The nightclub shall be inspected by City staff every two years, at the expense of the business operator, to confirm compliance with applicable conditions of approval and Municipal Code provisions. Planning/ Code Enforcement - 8 - PC2012-*** Health Spa/Massage Establishment GENERAL 19 This business shall operate in full compliance with Anaheim Municipal Code Chapter 4.29 pertaining to Massage Establishments. Code Enforcement MURALS (LIFESTYLE IMAGE DISPLAYS) PRIOR TO ISSUANCE OF BUILDING PERMITS 20 Final plans for the size and configuration of display cases shall be submitted to the City Planning Director or his/her designee for review and approval. Planning GENERAL 21 The “lifestyle image displays” shall not include any text whatsoever. Planning/ Code Enforcement 22 The business operator shall obtain approval from the City Planning Director or his/her designee prior to changing the images displayed within the storefront displays. Planning BUILDING INTEGRATED MULTI-TENANT SIGNS GENERAL 23 Final sign plans shall be submitted to the City Planning Director or his/her designee for review and approval. Planning CHANGEABLE COPY SIGNS PRIOR TO OPERATION 24 The developer/business operator shall demonstrate to the satisfaction of the City Planning Director or his/her designee that the image(s) on the proposed LED screen and images projected onto the waterfall are not visible from six feet above ground level on Harbor Boulevard or Katella Avenue. If the image is visible, the projection must be adjusted to the satisfaction of the City Planning Director or his/her designee or removed. Planning 25 The applicant/developer shall demonstrate to the satisfaction of the City Planning Director or his/her designee, that that the LED display does not cause any significant off-site lighting spillage on the adjacent property to the south and the west. If the City Planning Director or his/her designee Planning - 9 - PC2012-*** determines there is an impact, the applicant/developer shall be required to comply with mitigations listed below, or with equivalent mitigation, to mitigate the impact: 1. The applicant/developer may be required to dim the output of the LED display, either automatically (photovoltaic sensor) or manually, to ensure no off-site lighting spillage; and/or 2. The applicant/developer may be required to adjust the angle of the LED display in a different direction since most modern display modules are designed with louver- like dividers between the rows of LEDs that help focus the light emissions to the intended viewers and/or; 3. The applicant/developer may be required to apply lighting shields to limit off-site spillage to adjacent properties; The LED structure will be required to be affixed to the building in a manner that is acceptable to the Planning Department, Building Division. Structural/building plans will be required to be reviewed and approved by the City Building Official and the Planning Director will review the final location for the LED display. Operation of the LED display will not be permitted until the City Planning Director and the Building Official grants final approval and completes inspection of the structure. GENERAL 26 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 82, and as conditioned herein. Planning 27 The time period to satisfy conditions of approval shall be two (2) years, commencing immediately following the original expiration date, which was March 31, 2012. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code, as the same may be amended from time to time. Planning 28 That 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 Planning - 10 - PC2012-*** Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 29 Approval of this application constitutes approval of the proposed request only to the extent that 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 REVISED (Page 5, Exhibit “A”) [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY-APPROVED MITIGATED NEGATIVE DECLARATION TOGETHER WITH MITIGATION MONITFORING PROGRAM NO. 156 IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND AMENDING VARIANCE NO. 2008-04761 (TRACKING NO. VAR2009-04761A) (1820 SOUTH HARBOR BOULEVARD) WHEREAS, on March 2, 2009, the Anaheim City Planning Commission (hereinafter referred to as the “Planning Commission”) adopted its Resolution No. PC2009-040 to permit a Variance from the minimum number of parking spaces and minimum interior setbacks to construct a nine-story, 252-room hotel with 75,593 square feet of supporting retail, spa, nightclub, lounges, restaurants, conference/meeting rooms and hotel offices for certain real property located at 1820 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference (the “Project”); WHEREAS, on March 31, 2009, the Anaheim City Council, adopted Resolution No. 2009- 057 granting Variance No. 2009-04761 to permit for the Project; WHEREAS, the Planning Commission did receive a verified Petition to amend Variance No. 2009-04761 (hereinafter referred to “Variance No. 2009-04761A”) for an extension of time to comply with the conditions of approval for the Project; WHEREAS, Variance No. 2008- 04761 was approved in connection with General Plan Amendment No. 2008-00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055), Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009-00297), Conditional Use Permit No. 2009-05403, Public Convenience or Necessity No. 2009-00056, and Final Site Plan No. 2008-00004 (collectively, the “Entitlements”); and WHEREAS, on June 22, 2012, an application for an extension of time to comply with the conditions of approval was timely made in writing (i.e., within six (6) months following the expiration date of the Entitlements), and was accompanied by the appropriate filing fee. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 16, 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 No. 2009-05403 and to investigate and make findings and recommendations in connection therewith; and - 2 - PC2012-*** WHEREAS, the Planning Commission has reviewed the proposed amendment to Variance No. 2008- 04761 and has considered the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156, which were approved by the Planning Commission and the City Council in connection with the approval of Variance No. 2008- 04761, and finds and determines that (i) said environmental documentation is adequate to serve as the appropriate environmental documentation in connection with this request and satisfies all the requirements of the California Environmental Quality Act (“CEQA”); (ii) “none of the conditions described in Section 15162 [of the State CEQA Guidelines] calling for the preparation of a subsequent EIR or negative declaration have occurred” in connection with the proposed amendment to Variance No. 2008- 04761; and (iii) no further environmental documentation need be prepared for said amendment. WHEREAS, before granting any request for an extension of time to comply with conditions of approval pursuant to Section 18.60.170.020 of the Anaheim Municipal Code, the Planning Commission is required to make, and hereby makes, the following findings: 1. That the extension of time will not extend the approval beyond two (2) extensions, with each extension not to exceed one (1) year, or any greater or lesser time increment specified in the original resolution, or written decision if approved by the Planning Director. 2. That the approved project remains consistent with the General Plan and the zone district designation for the property. 3. That either no amendments to Title 18 of the Anaheim Municipal Code )the “Zoning Code”) have occurred that would cause the approval to be inconsistent with the Zoning Code, or the petitioner has: (i) submitted revised plans demonstrating that the approved project can be modified to bring it into conformance with such amendments to the Zoning Code; and (ii) agreed to modify the project to conform to such amendments. 4. That the subject property is being maintained in a safe, clean and aesthetically pleasing condition, with no unremediated code violations on the property, as confirmed by an inspection of the subject property by the Community Preservation Division. Cost of inspection is established pursuant to subsection .030 of Section 1.01.389 (Enforcement of the Code – Community Preservation Officer – Inspection and Reinspections - Fees) of the Anaheim Municipal Code, and shall be paid by the applicant prior to consideration of the extension application by the approval authority. 5. That no additional information or changed circumstances are present which contradict the facts necessary to support one or more of the required findings for the original approval of the project. - 3 - PC2012-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby approve the amendment to Variance No. 2009-04761 subject to the conditions of approval described 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 subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that approval of the amendment to Variance No. 2008- 004761 is subject to the approval of the amendments to Conditional Use Permit No. 2009-05403 and Final Site Plan No. 2008-00004; and BE IT FURTHER RESOLVED, that Variance No. 2008-004761A is approved without limitations on the hours of operation or the duration of the use, other than as may be contained in Variance No. 2008-004761. Amendments, modifications and revocations of Variance No. 2008- 004761 may be processed in accordance with Chapter 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal 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 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 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 the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission meeting of July 16, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, “Zoning Provisions – General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior 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 July 16, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of July, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** -6- PC2012-*** EXHIBIT “B” VARIANCE NO. 2008-04761 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING GENERAL 1 The subject property shall be developed substantially in accordance with plans submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 82, and as conditioned herein. Planning 2 The granting of the parking variance is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said variance which shall subject this variance to termination or modification pursuant to the provisions of Chapter 18.60 Procedures of the Anaheim Municipal Code. Planning 3 The 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. Planning 4 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 82, and as conditioned herein. Planning 5 The time period to satisfy conditions of approval shall be two (2) years, commencing immediately following the original expiration date, which was March 31, 2012. Extensions for further time to complete conditions of Planning -7- PC2012-*** approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code, as the same may be amended from time to time. 6 That 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. Planning 7 Approval of this application constitutes approval of the proposed request only to the extent that 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 REVISED (Page 5, Exhibit “A”) [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY-APPROVED MITIGATED NEGATIVE DECLARATION TOGETHER WITH MITIGATION MONITFORING PROGRAM NO. 156 IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND AMENDING FINAL SITE PLAN NO. 2008-00004 (TRACKING NO. FSP2008-00004A) (1820 SOUTH HARBOR BOULEVARD) WHEREAS, on March 2, 2009, the Anaheim City Planning Commission (hereinafter referred to as the “Planning Commission”) adopted its Resolution No. PC2009-039 for the approval of a Final Site Plan to construct a 252-room hotel with 75,593 square feet of accessory uses for certain real property located at 1820 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference (the “Project”); WHEREAS, on March 31, 2009, the Anaheim City Council, adopted Resolution No. 2009- 059 granting Final Site Plan No. 2008-00004 the Project; WHEREAS, the Planning Commission did receive a verified Petition to amend Final Site Plan No. 2008-00004 (hereinafter referred to “Final Site Plan No. 2008-00004A”) for an extension of time to comply with the conditions of approval the Project; WHEREAS, Final Site Plan No. 2008-00004 was approved in connection with General Plan Amendment No. 2008-00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055), Amendment No. 4 to the Anaheim Resort Public Realm Landscape Program (Miscellaneous No. 2009-00297), Conditional Use Permit No. 2009-05403, Variance No. 2008- 04761 and Public Convenience or Necessity No. 2009-00056 (collectively, the “Entitlements”); and WHEREAS, on June 22, 2012, an application for an extension of time to comply with the conditions of approval was timely made in writing (i.e., within six (6) months following the expiration date of the Entitlements), and was accompanied by the appropriate filing fee. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 16, 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 Final Site Plan No. 2008-00004 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission has reviewed the proposed amendment to Final Site Plan No. 2008-00004 and has considered the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156, which were approved by the Planning Commission and the City Council in connection with the approval of Final Site Plan No. 2008-00004, and finds and determines that (i) said environmental documentation is adequate to serve as the appropriate - 2 - PC2012-*** environmental documentation in connection with this request and satisfies all the requirements of the California Environmental Quality Act (“CEQA”); (ii) “none of the conditions described in Section 15162 [of the State CEQA Guidelines] calling for the preparation of a subsequent EIR or negative declaration have occurred” in connection with the proposed amendment to Final Site Plan No. 2008-00004; and (iii) no further environmental documentation need be prepared for said amendment. WHEREAS, before granting any request for an extension of time to comply with conditions of approval pursuant to Section 18.60.170.020 of the Anaheim Municipal Code, the Planning Commission is required to make, and hereby makes, the following findings: 1. That the extension of time will not extend the approval beyond two (2) extensions, with each extension not to exceed one (1) year, or any greater or lesser time increment specified in the original resolution, or written decision if approved by the Planning Director. 2. That the approved project remains consistent with the General Plan and the zone district designation for the property. 3. That either no amendments to Title 18 of the Anaheim Municipal Code (the “Zoning Code”) have occurred that would cause the approval to be inconsistent with the Zoning Code, or the petitioner has: (i) submitted revised plans demonstrating that the approved project can be modified to bring it into conformance with such amendments Zoning Code; and (ii) agreed to modify the project to conform to such amendments. 4. That the subject property is being maintained in a safe, clean and aesthetically pleasing condition, with no unremediated code violations on the property, as confirmed by an inspection of the subject property by the Community Preservation Division. Cost of inspection is established pursuant to subsection .030 of Section 1.01.389 (Enforcement of the Code – Community Preservation Officer – Inspection and Reinspections - Fees) of the Anaheim Municipal Code, and shall be paid by the applicant prior to consideration of the extension application by the approval authority. 5. That no additional information or changed circumstances are present which contradict the facts necessary to support one or more of the required findings for the original approval of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby approve the amendment to Final Site Plan No. 2009-05403 subject to the conditions of approval described 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 subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that approval of the amendment to Final Site Plan No. 2008-00004 is subject to the approval of the amendments to Variance No. 2008-004761 and Conditional Use Permit No. 2009-05403; and - 3 - PC2012-*** BE IT FURTHER RESOLVED, that Final Site Plan No. 2009-05403A is approved without limitations on the hours of operation or the duration of the use, other than as may be contained in Conditional Use Permit No. 2009-05403. Amendments, modifications and revocations of Final Site Plan No. 2009-05403A may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal 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 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 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 the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission meeting of July 16, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, “Zoning Provisions – General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior 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 July 16, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of July, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** - 6 - PC2012-*** EXHIBIT “B” FINAL SITE PLAN NO. 2008-00004 NO. CONDITIONS OF APPROVAL (NOTE: Mitigation Measures (“MM”), Project Design Features (“PDF”) and Standard Conditions (“SC”) from Mitigation Monitoring Program No. 156 are incorporated into these conditions of approval and are identified by the mitigation measure number below applicable condition numbers.) RESPONSIBLE FOR MONITORING PRIOR TO ISSUANCE OF BUILDING PERMITS 1 The applicant/developer shall install, bond for, or otherwise secure on-site electrical facilities in accordance with the City of Anaheim Public Utility Electric Rates, Rules and Regulations, and provide written evidence of this fact to the Public Utilities Department. Electrical Engineering 2 The applicant/developer shall submit plans which detail the lighting system for any parking facilities adjacent to light-sensitive uses. The systems shall be designed and maintained in such a manner as to conceal light sources to the extent feasible to minimize light spillage and glare to the adjacent uses. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the engineer stating that, in the opinion of the engineer, this requirement has been met. (1-PDF 1-1) Planning 3 The applicant/developer shall submit plans which illustrate that all mechanical equipment and trash areas for the subject building(s) will be screened from adjacent public streets. Screening shall be installed prior to final building and zoning inspection. (3-MM 3.11-1) Planning 4 The applicant/developer shall submit a landscape and irrigation plan which shall be prepared and certified by a licensed landscape architect. The landscape plan shall include a phasing plan for the installation and maintenance of landscaping associated with that building permit and shall be in conformance with the Water Efficiency Landscape Ordinance. The irrigation plan shall specify methods for monitoring the irrigation system. The system shall ensure that irrigation rates do not exceed the infiltration of local soils, that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies, and that surface runoff and overwatering is minimized. Planning/ Resource Efficiency - 7 - PC2012-*** The landscape and irrigation plans shall include water-conserving features such as low flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, rain sensors, soil moisture sensors, and other water-conserving equipment. In addition, all irrigation systems shall be designed so that they will function properly with reclaimed water, once a system is available. The landscape and irrigation plans shall be reviewed by the Anaheim Resort Maintenance District. (4-MM 3.11-2) 5 The applicant/developer submitted a preliminary shade/shadow study for this project which demonstrated that the project would not create any shade/shadow impacts. Construction plans shall conform to the conclusions of that study or further analysis may be necessary to demonstrate that the proposed structure would not create significant shade and shadow impacts on adjacent land uses. A significant shade and shadow impact would occur when outdoor active areas (e.g., eating areas along Harbor Boulevard, hotel/motel swimming pools, and residential front and back yards) or structures that include sensitive uses (e.g., residences) have windows that normally receive sunlight are covered by shadows for more than 50 percent of the sunlight hours. If the analysis identifies shade and/or shadow impacts would occur and the building setback, architectural massing and landscape requirement provisions set forth in Section 5.0, Design Plan of the Anaheim Resort Specific Plan, do not function as feasible mitigation measures, additional technical review of the structure(s) will be required. (5-MM 3.11-3) Planning 6 The applicant/developer shall submit evidence that low emission paints and coatings are utilized in the design of buildings, in compliance with SCAQMD regulations. This information shall be denoted on the project plans and specifications. The applicant/developer shall also implement the following to limit emissions from architectural coatings and asphalt usage: a. Use non-solvent-based coatings on buildings, wherever appropriate. b. Use solvent-based coatings, where they are necessary, in ways that minimize solvent emissions. c. Encourage use of high-solid or water-based coatings. (8-MM 3.4- 2) Building 7 The applicant/developer shall comply with all SCAQMD offset regulations and implementation of Best Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary source. Copies of Planning - 8 - PC2012-*** permits shall be given to the Planning Department. (11-MM 3.4-5) 8 The applicant/developer shall implement, and demonstrate to the City, measures that are being taken to reduce operation-related air quality impacts. These measures may include, but are not limited to, the following: 1. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. 2. Incorporate efficient heating and other appliances. 3. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. 4. Use drought-resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. 5. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center. (12-MM 3.4-6) Resource Efficiency 9 Implementation of energy conservation techniques (i.e., installation of energy saving devices, construction of electrical vehicle charging stations, use of sunlight filtering window coatings or double-paned windows, utilization of light-colored roofing materials as opposed to dark-colored roofing materials, and placement of shady trees next to habitable structures) shall be indicated on plans. (13-New MM) Building 10 The applicant shall incorporate project features and commitments as described in Table AQ-7, attached hereto. (14-New MM) South Coast Air Quality Management District; (verification of notes on plans); Development Services (for annual review) 11 The following summary of mitigation measures to be incorporated into the design and/or operation of the Anaheim Hotel is based on the Table CC-1, Attorney General’s Recommended Project-Level Mitigation Measures (repeated in Table 7 in this document). Each mitigation measure is referenced using the Table CC-1 ID number, the suggested mitigation measure, and how the project responds to meet the criteria. Energy Efficiency GCC-1-1: Design buildings to be energy efficient. Site buildings to take advantage of shade, prevailing winds, landscaping and sun Resource Efficiency Planning Traffic and Transportation - 9 - PC2012-*** screens to reduce energy use. GCC-1-2: Install efficient lighting and lighting control systems. Use daylight as an integral part of lighting systems in buildings. GCC-1-3: Install light colored “cool” roofs, cool pavements, and strategically placed shade trees. GCC-1-5: Install energy efficient heating and cooling systems, appliances and equipment, and control systems. GCC-1-8: Use solar heating, automatic covers, and efficient pumps and motors for pools and spas. GGC-1-9: Provide education on energy efficiency. Renewable Energy GCC-1-13: Create water-efficient landscapes. GCC-1-14: Install water-efficient irrigation systems and devices, such as soil moisture-based irrigation controls. GCC-1-18: Restrict watering methods (e.g., prohibit systems that apply water to non-vegetated surfaces) and control runoff. GCC-1-20: Implement low-impact development practices that maintain the existing hydrologic character of the site to manage storm water and protect the environment. (Retaining storm water runoff on- site can drastically reduce the need for energy-intensive imported water at the site.) GCC-1-22: Provide education about water conservation and available programs and incentives. GCC-1-23: Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). GCC-1-24: Provide interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. GCC -1-26: Provide education and publicity about reducing waste and available recycling services. Land Use Measures GCC-1-27: Include mixed-use, infill, and higher density in development projects to support the reduction of vehicle trips, promote alternatives to individual vehicle travel, and promote efficient delivery of services and goods. GCC-1-29: Incorporate public transit into project design. GCC-1-31: Develop “brownfields” and other underused or defunct - 10 - PC2012-*** properties near existing public transportation and jobs. Transportation and Motor Vehicles GCC-1-33: Limit idling time for commercial vehicles, including delivery and construction vehicles. • Idling time for deliveries will be controlled by hotel operational requirements. Construction vehicle idling time can be restricted through specification requirements. GCC-1-35: Promote ride sharing programs e.g., by designating a certain percentage of parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a web site or message board for coordinating rides. • Ride sharing will be encouraged using programs targeted at hotel employees, providing preferred parking or a cost offset for ride sharing and car pooling. GCC-1-39: Increase the cost of driving and parking private vehicles by, e.g., imposing tolls and parking fees. • Fees will be charged for on-site parking. GCC-1-41: Provide shuttle service to public transit. • The project will provide a stop and load/unload area for the shuttle which currently serves the resort district. GCC-1-42: Provide public transit incentives such as free or low-cost monthly transit passes. GCC-1-46: For commercial projects, provide adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience. For large employers, provide facilities that encourage bicycle commuting, including, e.g., locked bicycle storage or covered or indoor bicycle parking. • Secure bicycle storage for employees will be provided in the basement adjacent to the primary staff entry and Back-of-House areas. (15-New MM) 12 The applicant/developer shall submit plans showing that the proposed structure has been analyzed for earthquake loading and designed according to the most recent seismic standards in the Uniform Building Code adopted by the City of Anaheim. (19-MM VI-1) Building 13 The applicant/developer shall submit for review and approval, detailed foundation design information for the subject building(s), Building - 11 - PC2012-*** prepared by a civil engineer, based on recommendations by a geotechnical engineer. (21-MM VI-3) 14 The applicant/developer shall submit a report prepared by a geotechnical engineer for review and approval which shall investigate the subject foundation excavations to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. (22-MM VI-4) Building 15 The property owner shall ensure the provision of an 8-foot-high temporary construction noise barrier on or adjacent to the section of the eastern property line adjacent to the Islander Inn Suites swimming pool. The barrier shall be solid from the ground to the top, with no openings, and shall have a weight of at least three pounds per square foot, such as half-inch thick plywood. (40-Additional MM) (In compliance with MM XI-2) Building 16 Plans shall include a note that noise generated by construction activity shall be limited by the applicant/developer to 60 dBA along the property boundaries, before 7:00 a.m. and after 7:00 p.m., as governed by Chapter 6.70, Sound Pressure Levels, of the Anaheim Municipal Code. (35-MM 3.5-1) Planning, Code Enforcement Building (verification of notes on plans) 17 The applicant/developer shall ensure that all mechanical ventilation units are shown on plans and installed in compliance with the Sound Pressure Levels Ordinance. (38-MM 3.5-4) Planning, Building 18 The water supply system shall be designed by the applicant/developer to provide sufficient fire flow pressure and storage for the proposed land use and fire protection in accordance with Fire Department requirements. (41-New MM) Fire 19 Onsite fire hydrants shall be installed and charged by the applicant/developer as required and approved by the Fire Department. (42-XIII-2) Fire 20 Plans shall indicate that all buildings shall have sprinklers installed by the applicant/developer in accordance with Anaheim Municipal Code. Said sprinklers shall be installed prior to final building and zoning inspections. (44-XIII-4) Fire 21 Plans shall be submitted to ensure that development is in accordance with the City of Anaheim Fire Department Standards, including: A. Overhead clearance shall not be less than 14 feet for the full Fire - 12 - PC2012-*** width of access drives. B. Adequate off-site public fire hydrants and onsite private fire hydrants shall be provided by the applicant/developer. The precise number, types and locations of the hydrants shall be determined during building permit review. Hydrants are to be a maximum of 400 feet apart. C. A minimum residual water pressure of 20 psi shall remain in the water system. Flow rates for public parking facilities shall be set at 1,000 to 1,500 gpm. (45-XIII-5) 22 The applicant/developer shall submit a Construction Fire Protection Plan to the Fire Department for review and approval detailing accessibility of emergency fire equipment, fire hydrant location, and any other construction features required by the Fire Marshal. The applicant/developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. (46-XIII-6) Fire 23 The applicant/developer shall submit plans to the Police Department for review and approval for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design (e.g., building design, circulation, site planning, and lighting of parking structures and parking areas). (48-XIII-9) Police 24 The project design shall include parking lots with controlled access points to limit ingress and egress if determined to be necessary by the Police Department, and shall be subject to the review and approval of the Police Department (50-XIII-11) Police 25 The applicant/developer shall provide proof of compliance with Government Code Section 53080 (schools) to the Building Division of the Planning Department. (51-XIII-12) Building 26 Appropriate Traffic Signal Assessment Fees and Traffic Impact and Improvement Fees shall be paid by the applicant/developer to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City-authorized improvements provided by the applicant/developer; and, participate in all applicable reimbursement or benefit districts which have been established. (52-MM 3.3-2) Building (fee payment); Traffic and Transportation (credits/districts) 27 The applicant/developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate right(s)-of-way as shown in the Circulation Public Works - Development Services - 13 - PC2012-*** Element of the Anaheim General Plan for the widening of Katella and Harbor Avenue. (53-MM 3.3-3) 28 Street improvement plans shall be submitted for all traffic related improvements adjacent to the project site to the Public Works Department, Development Services Division for review and approval. These plans will show both sides of all streets and alleys adjacent to the property, including all driveways and utility installations, signing and striping. A bond shall be posted for all traffic related street improvements, including, but not limited to, directional signage, striping, and median islands as required for said project. All improvements shall be installed and completed prior to the first final building and zoning inspection. Public Works - Development Services 29 Plans shall specifically indicate that all vehicular ramps and grades conform to all applicable Engineering Standards. Traffic and Transportation 30 Plans for the parking structure shall demonstrate that at-grade ducts and overhead pipes shall not encroach in the parking space areas or required vehicle clearance areas. Traffic and Transportation 31 Plans shall demonstrate that fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Traffic and Transportation 32 The applicant/developer shall abandon any existing City of Anaheim Public Utilities easements conflicting with building footprints. Public Works - Development Services 33 A lot line adjustment shall be submitted to the Public Works Department, Development Services Division to merge the existing parcels into one legal lot. The Lot Line Adjustment shall be approved by the City Engineer and recorded in the office of the Orange County Recorder. Public Works - Development Services 34 A Right of Way Construction Permit shall be obtained from the Public Works Department/Development Services for all work performed in the right-of-way. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney. The improvements shall be constructed prior to final building and zoning inspections. Public Works - Development Services 35 The recordation of a Save Harmless in-lieu of Encroachment Agreement is required for any private storm drains connecting to a City storm drain. Public Works - Development Services - 14 - PC2012-*** 36 The existing middle driveway approach on Harbor Blvd shall be removed and replace with curb, gutter, parkway landscaping and sidewalk. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to issuance of a building permit. A Right of Way Construction Permit shall be obtained from the Public Works Department/Development Services for all work performed in the right-of-way. The improvements shall be constructed prior to final building and zoning inspections. Public Works - Development Services 37 The applicant/developer shall fully fund the implementation of Intelligent Transportation Systems (ITS) improvements at and adjacent to the intersection of Harbor Boulevard and Katella Avenue. The specific improvements to be implemented shall be: 1) a CCTV installation at the Harbor Boulevard/ Convention Way intersection; 2) performance monitoring station and detection to provide a permanent traffic count station at the Harbor Boulevard/ Katella Avenue intersection; and 3) ATC controller and ITS cabinet with hardened Ethernet communications to cabinet at the Harbor Boulevard/ Katella Avenue intersection. Implementation of these improvements shall be to the satisfaction of the City Engineer. (55- MM XV-1) Traffic and Transportation 38 The applicant/developer shall coordinate with all utility providers to ensure avoidance of any notable service disruptions during the extension, relocation, upgrading of, or connection to services. (58- PDF XVI-1) Building 39 The applicant/developer shall provide proof of participation in the Anaheim Transportation Network (ATN) once the project is in operation. Ongoing during project operations, every property owner and/or lessee shall be a voting member of the ATN, subject to the terms and provisions of the by-laws and association rules of the ATN. Every property owner and/or lessee shall participate in ATN coordinated transportation demand management efforts designed to decrease traffic congestion and increase ridesharing. Every property owner and/or lessee shall financially participate in the operation of a clean fuel shuttle system, and pursue its use for employee transportation, aka Anaheim Resort Transit. (56-MM XV- 2) Traffic and Transportation 40 The applicant/developer shall provide a plan for implementation and administration of a comprehensive Transportation Demand Management (TDM) program for all employees. Objectives of the Traffic and Transportation - 15 - PC2012-*** TDM program shall be: Increase ridesharing and use of alternative transportation modes by employees and guests. Provide a menu of commute alternatives for employees to reduce project-generated trips. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. Every property owner and/or lessee shall designate an on-site contact who shall be responsible for coordinating with the ATN and implementing all trip mitigation measures. The on-site coordinator shall be the one point of contact representing the project with the ATN. The requirements of the mitigation measure shall be included in the lease or other agreement with all of the project participants. Documentation indicating compliance with this mitigation measure shall be included in the annual monitoring report ongoing during project operation. (57-MM XV-3) 41 Water: The project shall be subject to the fees, terms and conditions of the Anaheim Resort Area Water Supply Assessment (currently under preparation), the APUD Water Rates, Rules and Regulations. The developer/owner will be required to pay a share of the cost of the additional water supply, based on a percentage of the average day water demand imposed by the proposed development compared to the capacity of a future water supply facility (e.g. well, MWD connection). The developer/owner will be required to pay fees in accordance with APUD’s Water Rates, Rules, and Regulations, Part 15E. All new water connections shall be installed and constructed in accordance with the latest version of Anaheim Water Services Standard Specifications and the applicable Supplements. The quantities of water delivered to the applicant/developer shall also be subject to the requirements of the Orange County Water District and the Metropolitan Water District of Southern California. (59-SC XVI- 1) Water Engineering 42 The applicant/developer shall submit project plans to the Maintenance Department for review and approval to ensure that the plans comply with AB 939, the Solid Waste Reduction Act of 1989, as administered by the City of Anaheim and the County of Orange and City of Anaheim Integrated Waste Management Plans. Prior to final building and zoning inspection, implementation of said plan shall commence and shall remain in full effect. Waste management mitigation measures that shall be taken to reduce solid waste generation include, Streets and Sanitation - 16 - PC2012-*** but are not limited to: A. Detailing the location and design of on-site recycling facilities. B. Providing on-site recycling receptacles to encourage recycling. C. Complying with all Federal, State and City regulation for hazardous material disposal. Participating in the City of Anaheim’s “Recycle Anaheim” program or other substitute program as may be developed by the City. In order to meet the requirements of the Solid Waste Reduction Act of 1989 (AB 939), the applicant/developer shall implement numerous solid waste reduction programs, as required by the Public Works Department, including, but not limited to: • Facilitating paper recycling by providing chutes or convenient locations for sorting and recycling bins. • Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and bailing. • Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. • Providing trash compactors for non-recyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. • Prohibiting curbside pick-up. (MMP No. 0085 MM 3.9.3-1, MMP No. 0085a MM 9-1) (60-MM XVI-3) 43 The applicant/developer shall submit plans showing that each structure will comply with the State Energy Efficiency Standards for Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Regulations); and, will consult with the City of Anaheim Utilities Department, Resource Efficiency Division in order to review above Title 24 measures to incorporate into the project design including energy efficient designs. 62 (MM XVI-5) Resource Efficiency 44 The applicant/developer shall install an underground electrical service from the Public Utilities Distribution System. The Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. (64-MM XVI-7) Electrical Engineering 45 The applicant/developer shall demonstrate on plans that fuel efficient models of gas-powered building equipment have been incorporated Building - 17 - PC2012-*** into the project, to the extent feasible. (66-MM XVI-9) 46 The applicant/developer shall submit plans showing that each structure will comply with the State Energy Efficiency Standards for Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Regulations); and, will consult with the City of Anaheim Utilities Department, Resource Efficiency Division in order to review above Title 24 measures to incorporate into the project design including energy efficient designs. (69-MM XVI-13) Building 47 The applicant/developer shall install an underground electrical service from the Public Utilities Distribution System. The Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. (71-MMXVI-15) Electrical Engineering 48 The applicant/developer shall submit evidence that the transformers are PCB free. (72-MMXVI-16) Electrical Engineering 49 The applicant/developer shall submit an emergency fire access plan to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department Service Programs. Fire 50 The applicant/developer shall coordinate with the Electrical Engineering Division to ensure that there will be no conflicts with the underground electrical systems and to establish electrical service requirements and obtain electrical distribution plans. Electrical Engineering 51 Plans shall indicate that above-ground utility devices are located on private property and outside any required setback areas unless otherwise allowed by the Code. The above-ground utility devices shall be specifically shown on construction plans in locations substantially in accordance with the approved Final Site Plan. Landscape and/or hardscape screening of all padmounted equipment shall be required outside the easement area of the equipment. Electrical Engineering 52 The applicant/developer shall coordinate its service requirements and relocation issues with the City of Anaheim Public Utilities Department and the other utility companies involved. Electrical Engineering 53 Building plans shall show that the property shall be served with underground utilities per the Electrical Rates, Rules, and Regulations, and the City of Anaheim Underground Policy, with installation prior Electrical Engineering - 18 - PC2012-*** to the first final building and zoning inspection. 54 The proposed project shall comply with all State Energy Insulation Standards and City of Anaheim codes in effect at the time of application for building permits. (Commonly referred to as Title 24, these standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. Title 24 covers the use of energy efficient building standards, including ventilation, insulation and construction and the use of energy saving appliances, conditioning systems, water heating and lighting.) Plans submitted for building permits shall include written notes demonstrating compliance with energy standards and shall be reviewed and approved by the Public Utilities Department prior to issuance of building permits. Resource Efficiency 55 The applicant/developer shall demonstrate in the building/design plans that efficient lighting and lighting control systems will be utilized in the building structure. In addition, the plans will utilize natural light/daylight as an integral part of lighting systems in the buildings. (GCC-1-2) Resource Efficiency 56 The applicant/developer shall demonstrate that light colored “cool” roofs, cool pavements, and strategically placed shade trees will be incorporated into the building plans. In addition, the applicant/developer shall also demonstrate that the hotel roofs will be comprised of “cool roof” materials with SRI meeting LEED criteria. (GCC-1-3) Resource Efficiency 57 The applicant/developer shall demonstrate that solar power/heating, (including automatic covers, and efficient pumps and motors for pools and spas) will be utilized for the proposed pool and filter. (GCC-1-8) Resource Efficiency 58 The applicant/developer shall submit irrigation and detailed landscape plans that utilize efficient landscape materials and water-efficient irrigation systems and devices, such as soil moisture-based irrigation controls for review and approval. (GCC-1-13, GCC-1-14) Resource Efficiency 59 The applicant/developer shall be responsible for demonstrating that the irrigation systems will be high efficiency with minimum spray type delivery carefully planned and adjusted to apply water only to vegetated areas and to limit over-spray. (GCC-1-18-GCC-1-30) Resource Efficiency 60 The applicant/developer shall institute a demolition and construction waste diversion program, coordinated with the local waste Resource Efficiency - 19 - PC2012-*** management company, to achieve a goal of 50% diversion/recycle of demolition and construction waste. Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). (GCC-1-23) 61 The applicant/developer shall demonstrate that they have incorporated public transit into the project design including a loading and staging area for tour busses and the local tourist shuttle as shown on the final site plan. (GCC-1-29) Traffic and Transportation 62 The applicant/developer shall incorporate the following energy saving practices into building plans. The applicant/developer shall implement, to the extent feasible, these energy saving practices, in compliance with Title 10 of the Anaheim Municipal Code, prior to final building and zoning inspection: a. Consultation with the Public Utilities Department energy conservation experts for assistance with energy conservation design features. b. Use of electric motors designed to conserve energy. c. Use of special lighting fixtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights. d. Use of T8 lamps and electronic ballasts. Metal halide or high- pressure sodium for outdoor lighting. Electrical Engineering 63 Prior to issuance of the first final site plan, the project applicant/developer shall provide fair-share funding (as identified in the project traffic study) for following improvements: • Manchester Avenue/ I-5 Southbound Ramps at Katella Avenue: Modify the existing traffic signal and install a northbound right-turn overlap phase with the westbound left-turn phase. Re-stripe the northbound approach to have one left-turn lane and two right-turn lanes. • Anaheim Boulevard at Disney Way/ Manchester Avenue/ I-5 Southbound Ramps: Re-stripe the eastbound shared left-through turn lane on Disney Way to a through lane. Modify the traffic signal to remove the split-phase in the east/west direction and provide a protected left- turn in the eastbound direction. This shall restore the eastbound and westbound approaches and phasing to existing conditions. Public Works - 20 - PC2012-*** PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 64 The applicant/developer shall demonstrate to the satisfaction of the City Planning Director or his/her designee, that that the LED display does not cause any significant off-site lighting spillage on the adjacent property to the south and the west. If the City Planning Director or his/her designee determines there is an impact, the applicant/developer shall be required to comply with mitigations listed below, or with equivalent mitigation, to mitigate the impact: 1. The applicant/developer may be required to dim the output of the LED display, either automatically (photovoltaic sensor) or manually, to ensure no off-site lighting spillage; and/or 2. The applicant/developer may be required to adjust the angle of the LED display in a different direction since most modern display modules are designed with louver-like dividers between the rows of LEDs that help focus the light emissions to the intended viewers and/or; 3. The applicant/developer may be required to apply lighting shields to limit off-site spillage to adjacent properties; The LED structure will be required to be affixed to the building in a manner that is acceptable to the Planning Department, Building Division. Structural/building plans will be required to be reviewed and approved by the City Building Official and the Planning Director will review the final location for the LED display. Operation of the LED display will not be permitted until the City Planning Director and the Building Official grants final approval and completes inspection of the structure. (2-New MM) Planning Building 65 The applicant/developer shall participate in the Anaheim Assessment District for landscape installation and maintenance. (6-MM 3.11-4) Planning 66 The applicant/developer shall submit an earthquake emergency response plan for review and approval. The plan shall require posted notices in hotel rooms on earthquake safety procedures and incorporate ongoing earthquake training for hotel staff. (24-MM 3.6- 5) Fire 67 The applicant/developer shall submit a letter from a licensed landscape architect to the City certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. (32-MM VIII-4) Planning 68 The applicant/developer shall place emergency telephone service Fire - 21 - PC2012-*** numbers in prominent locations as approved by the Fire Department. (47-XIII-8) 69 The applicant/developer shall implement energy-saving practices in compliance with Title 24, which may include the following: • Use of high-efficiency air conditioning systems controlled by a computerized management system including features such as a variable air volume system, a 100-percent outdoor air economizer cycle, sequential operation of air conditioning equipment in accordance with building demands, isolation of air conditioning to any selected floor or floors. • Use of electric motors designed to conserve energy. • Use of special lighting fixtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights. • Use of T8 lamps and electronic ballasts. Metal halide or high- pressure sodium for outdoor lighting and parking lots. (63-MM XVI-6) Resource Efficiency 70 The Southern California Gas Company has developed several programs which are intended to assist in the selection of the most energy-efficient water heaters and furnaces. The applicant/developer shall implement a program to reduce the demand on natural gas supplies. (65-MM XVI-8) Southern California Gas Company 71 A study of area television reception shall be undertaken by the applicant/developer and submitted to the City Engineer for review and approval. If the City Engineer determines that the proposed project creates a significant impact on broadcast television reception at local residences and other existing hotels/restaurants or other businesses, the applicant/developer shall immediately install a signal booster or relay system on the roof of the tallest project building to restore television reception to its original condition. In no event shall heights set forth in Section 18.04.035 of the Anaheim Municipal Code entitled, “Structural Height Limitations-Anaheim Commercial Recreation Area” be exceeded. (67-MM XVI-10) Public Works - Development Services 72 The applicant shall: • Demonstrate that all structural BMPs described in the Project & Site Specific WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non- structural BMPs described in the Project & Site Specific WQMP Public Works - Development Services - 22 - PC2012-*** • Demonstrate that an adequate number of copies of the approved Project & Site Specific WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 73 The installation of new electrical facilities systems shall be timed to coincide with the level of development that would require this improvement, to the satisfaction of the Anaheim Public Utilities Department and other utility companies. Electrical Engineering 74 The applicant/developer shall provide the City of Anaheim with a public utilities easement (per final electric design), along/across high voltage lines, low voltage lines crossing private property, and around all padmounted transformers, switches, capacitors, etc. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. Landscape and/or hardscape screening of all padmounted equipment shall be required outside the easement area of the equipment. Electrical Engineering 75 The applicant/developer shall provide evidence that educational material including the hotel’s website and literature will feature energy conservation strategies as part of the Guest information and education program. (GCC-1-9) Resource Efficiency/ Planning 76 The applicant/developer shall be provide a copy of literature and/or materials that will be provided to guests about water conservation and available programs and incentives (i.e. Hotel website and literature will feature water conservation strategies as part of the Guest information and education program). (GCC-1-22) Resource Efficiency Planning 77 The applicant/developer shall demonstrate that they are providing interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. The project will include waste collection areas suitable for sorting and storing recyclable materials. A recycling program will be coordinated with the local waste management company to recycle glass, metals, plastic, cardboard, and green waste. (GCC-1-24) Resource Efficiency Streets and Sanitation PRIOR TO ISSUANCE OF GRADING PERMITS 78 The applicant/developer shall submit Demolition and Import/Export Plans, if determined to be necessary by the Public Works/Engineering Department. The plans shall include identification of offsite locations for materials exported from the project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the Public Works – Development Services - 23 - PC2012-*** vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The applicant/developer shall offer recyclable building materials, such as asphalt or concrete, for sale or removal by private firms or public agencies for use in construction of other projects, if it cannot be reused on project site. (10-MM 3.4-4) 79 The applicant/developer shall submit to the Public Works Department/Development Services for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. • Includes public structural BMPs to address runoff from public areas associated with the construction of this project, which have been reviewed and approved by the City’s Resort Services, in Public Works’ Operations and Maintenance Division, as well as Public Works’ Development Services Division. Public Works – Development Services 80 If the ornamental trees on the project site are proposed to be removed during the nesting season, (February 1 to June 30), a qualified Biologist shall be required to inspect the trees prior to removal to ensure no nesting birds are present. If an active nest is present, then the Biologist will identify appropriate minimization measures to the satisfaction of the City of Anaheim Planning Department. (SC IV-1) Planning Public Works – Development Services 81 The applicant/developer shall submit a letter identifying the certified archaeologist that has been hired to ensure that the following actions are implemented: a. The archaeologist must 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 Public Works - Development Services - 24 - PC2012-*** artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the applicant/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. 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. (17-MM 3.12-1) 82 The applicant/developer shall submit a letter identifying the certified paleontologist that has been hired to ensure that the following actions are implemented: a. The paleontologist must 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 resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the applicant/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will 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 monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted. Upon completion of the grading, the paleontologist shall notify the City as to when the final report will be submitted. (18-MM 3.12-2) Public Works - Development Services 83 The applicant/developer shall demonstrate on plans submitted for grading permits, that they will implement measures to reduce construction-related air quality impacts. These measures shall include, but are not limited to: Public Works - Development Services - 25 - PC2012-*** a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth-moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed stock piles. c. Roadways adjacent to the project shall be swept and cleared of any spilled export materials at least twice a day to assist in minimizing fugitive dust; and, haul routes shall be cleared as needed if spills of materials exported from the project site occur. d. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. e. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. f. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. g. Preventing trucks from idling for longer than 2 minutes. (9-MM 3.4-3) 84 The applicant/developer shall submit to the City Engineer for review and approval, a soils and geological report for the area to be graded, based on proposed grading and prepared by an engineering geologist and geotechnical engineer. All grading shall be in conformance with Title 17 of the Anaheim Municipal Code. (20-MM VI-2) Public Works - Development Services 85 The applicant/developer shall implement standard practices for all applicable codes and ordinances to prevent erosion to the satisfaction of the Public Works Department, Development Services Division. (23-MM VI-5) Public Works - Development Services 86 The applicant/developer shall submit a plan for review and approval to the Hazardous Materials Section of the Fire Department which details procedures that will be taken if a previously unknown USTs, or other unknown hazardous material or waste, is discovered onsite. (26-MM VII-2) Fire 87 The applicant/developer shall provide an Asbestos Identification Survey to the Hazardous Materials Section of the City of Anaheim Fire Department. This Survey shall detail procedures that will be Fire - 26 - PC2012-*** taken if previously unknown underground storage tanks (USTs), or other unknown hazardous material or waste is discovered. (27- Additional MM VII-2) 88 The applicant/developer shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that will: • Require implementation of Best Management Practices (BMPs) designed with a goal of preventing a net sediment load increase in storm water discharges relative to preconstruction levels; • Prohibit, during the construction period, discharges of storm water or non-storm water at levels which would cause or contribute to an exceedance of applicable water quality standards contained in the Basin Plan; • Discuss in detail the BMPs planned for the project related to control of sediment and erosion, non-sediment pollutants, and potential pollutants in non-storm water discharges; • Describe post-construction BMPs for the project; • Explain the maintenance program for the project’s BMPs; • Require reporting of violations to the Regional Board during construction; and • List the parties responsible for SWPPP implementation and BMP maintenance during and after grading. (28-SC 4.5-1) Public Works - Development Services 89 The applicant/developer shall ensure compliance with all recommended structural and non-structural Best Management Practices identified in the Water Quality Management Plan (WQMP). (29-MM VIII-1) Public Works - Development Services 90 The applicant/developer shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the City Engineer. (30-MM VIII-2) Public Works - Development Services 91 The applicant/developer shall submit a Master Drainage and Runoff Management Plan (MDRMP) for review and approval by the Public Works/Engineering Department, Development Services Division and Orange County Environmental Management Agency. The Master Plan shall include, but not be limited to, the following items: a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100-year storm; and, b. A delineation of the improvements to be implemented for control of project-generated drainage and runoff. (34-MM VIII-6) Public Works - Development Services - 27 - PC2012-*** 92 The applicant/developer shall submit an emergency fire access plan to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department service requirements. Fire 93 The applicant/developer shall participate in the City's Master Plan of Storm Drains and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future storm drainage system deficiencies as follows. (MMP No. 0085a MM 13-1) The applicant/developer shall submit a report for review and approval by the City Engineer to assist with determining the following: • If the specific development/redevelopment does not increase or redirect current or historic storm water quantities/flows, then the property owner's/ developer's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program to provide storm drainage facilities in 10- and 25-year storm frequencies and to protect properties/structures for a 100-year storm frequency. • If the specific development/redevelopment increases or redirects the current or historic storm water quantity/flow, then the applicant/developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and City Attorney's Office of the impact prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, pursuant to the improvements identified in the Master Plan of Drainage for the South Central Area. The applicant/developer shall be required to install the storm drainage facilities as recommended by the Master Plan of Drainage for the South Central Area to provide storm drainage facilities for 10- and 25-year storm frequencies and to protect properties/structures for a 100-year storm frequency prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building/structure, whichever occurs first. Additionally, the applicant/developer shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which could include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted by the applicant/developer to the City Engineer for review and approval and shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and, (4) construction estimates. (Note: The City has adopted the Storm Drain Impact and Public Works - Development Services - 28 - PC2012-*** Improvement Fee Program for the South Central City Area. Compliance with this Fee Program by the applicant/developer (per Ordinance No. 5491 and Resolution No. 95R-61 dated April 18, 1995) shall satisfy the requirements of this mitigation measure). (68- MM XVI-12) 94 The applicant/developer shall enter into a Right-of-Way Encroachment License Agreement with the City for the maintenance of the water features proposed within the public right-of-way. Public Works GENERAL 95 The applicant/developer shall implement measures to reduce emissions to the extent practical, schedule goods movements for off- peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable. (7-MM 3.4-1) Traffic and Transportation 96 The applicant/developer shall provide for the following: cleaning of all paved areas not maintained by the City of Anaheim on a monthly basis, including, but not limited to, private streets and parking lots. The use of water to clean streets, paved areas, parking lots, and other areas and flushing the debris and sediment down the storm drains shall be prohibited. (31-MM VIII-3) Streets and Sanitation 97 The sanitary sewer and storm drains for this development shall be privately maintained except the mainline sewer and storm drain within the public streets. Public Works – Development Services 98 That it is the responsibility of the OWNER to remove and relocate any traffic signal poles and equipment at the intersection of Katella Avenue and Harbor Boulevard if necessary at the OWNERS expense. Public Works – Development Services 99 The applicant/developer shall ensure that all internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers. (37-MM 23.5-3) Building 100 The applicant/developer shall ensure that large bulldozers, large heavy trucks, and other similar equipment not be used within 20 feet of the built or occupied parts of Islander Inn Suites. The work shall be done with medium-sized equipment or smaller within this distance. (39-Additional MM) Planning, Building 101 Ongoing during project operation, the applicant/developer shall provide private security on the premises to maintain adequate security for the entire project subject to review and approval of the Police Department. The use of security patrols and electronic security Police - 29 - PC2012-*** devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. (49-XIII-10) 102 If the Anaheim Police Department or Anaheim Traffic Management Center (TMC) personnel are required to provide temporary traffic control services, the applicant/developer shall reimburse the City, on a fair share basis, if applicable, for reasonable costs associated with such services. (54-MM 3.3-7) Police/ Traffic and Transportation 103 The following practices shall be implemented during project operations, as feasible, by the applicant/developer: • Usage of recycled paper products for stationery, letterhead, and packaging. • Recovery of materials such as aluminum and cardboard. • Collection of office paper for recycling. • Collection of polystyrene (foam) cups for recycling. • Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. (61-MM XVI-4) Resource Efficiency 104 The applicant/developer shall be responsible for ensuring that idling time is limited for commercial vehicles, including delivery and construction vehicles. (GCC-1-33) Traffic and Transportation 105 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 82, and as conditioned herein. Planning 106 The time period to satisfy conditions of approval shall be two (2) years, commencing immediately following the original expiration date, which was March 31, 2012. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code, as the same may be amended from time to time. Planning 107 That 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. Planning - 30 - PC2012-*** 108 Approval of this application constitutes approval of the proposed request only to the extent that 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 109 No required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Planning RESOLUTIONNO 2009056 A RESOLUTIONOFTHECITYCOUNCIL OFTHE CITYOFANAHEIMAPPROVINGCONDITIONAL I SEPERMITNO200905403 WHEREAS theAnaheim CityPlanningCommission hereinafterthePlanning Commission didreceiveaverified Petition fortheapproval of ConditionalUsePermitNo 200905403to constructanewninestory 252room hotelwith 75593 squarefeet ofaccessory useswithanightclubhealthspa murals visibleto thepublicright ofway buildingintegrated multi tenantsignsandprojecting signsfor thatcertain realpropertygenerallylocatedat 1820 South HarborBoulevard Anaheim Californiaasmoreparticularly shown inExhibit A attached hereto andincorporated hereinbythisreferencehereinafter theapplication and WHEREASConditional Use PermitNo 2009 05403isproposed inconjunction withGeneralPlan AmendmentNo2008 00470AmendmentNo13totheAnaheim Resort SpecificPlanSPN200800055AmendmentNo4to The AnaheimResortPublic Realm LandscapeProgram MiscellaneousCaseNo 200900297Variance No 200804761 Determination of PublicConvenienceorNecessityNo 200900056 and FinalSitePlanNo 201800004 hereinafterthe Discretionary Actions and WHEREASthe Planning Commissiondidholdapublic hearingat the Anaheim CivicCenterCouncil Chamber 200 SouthAnaheimBoulevard onMarch 22009at 230 pm notice of saidpublichearing having beendulygiven asrequired bylawandinaccordancewith the provisions of theAnaheimMunicipalCode Chapter1860to hearand consider evidence for andagainst saidproject including ConditionalUsePermit No200905403 andat saidhearing didreceive evidenceandreports from personsinterestedtherein and fromits staffand WHEREASthePlanningCommission has reviewed theDiscretionaryActions and did find anddetermine thatthe MitigatedNegativeDeclarationand the associatedMitigation Monitoring ProgramNo 156isadequateto serveasthe required environmentaldocumentation inconnection with thisrequest uponfindingthatthedeclarationreflects theindependent judgmen oftheleadagencyand thatit hasconsideredtheMitigatedNegative Declaration togetherwith anycomments receivedduring thepublic reviewprocess andfurther finding on the basisof theinitial studyand anycommentsreceivedthat thereisnosubstantial evidence that the projectwillhaveasignificanteffecton theenvironment and WHEREAS said Planning Commission after dueinspection investigationand studiesmade byitself and in itsbehalf and afterdueconsideration ofall evidence andreports offered atsaid hearingdid adoptits ResolutionNoPC2009 038 granting Conditional Use Permit No 200905403 and WHEREASsaid Planning Commissionbyits Motion didrequestthat the AnaheimCityCouncilreviewthePlanning Commissionsaction approvingConditionalUse Permit No2009 05403 ata dulynoticed publichearing and 1 ATTACHMENT NO. 3 WHEREASthereafter the CityCouncildidsetConditional UsePermitNo 2009 05403for ade novo hearing whichpublichearingwas duly noticedandheld asprescribedbylawandasaresultthereoftheCityCouncildoesherebymakethefollowingfindings 1 That anightclub healthspaandprojecting signsin theAnaheim Resort Specific Planzone areusesand signsforwhich aconditionalusepermit isauthorized byAnaheimMunicipalCodeSections181160700402PublicDanceHallandMassageEstablishmentand 18116160130 ProjectingSigns and furtherthatmurals visibletothe public rightofway building integratedmulti tenantsigns and changeablecopy signsnot visibletothepublicrightofaresignsforwhichaconditionalusepermitwouldbeauthorizedbaseduponapprovalofAmendmentNo13totheAnaheimResortSpecificPlanSPN200800055andAmendmentNo 4toTheAnaheim ResortPublicRealm LandscapeProgram MiscellaneousCaseNo 2009 00297nowpending 2 That the proposed nightclub healthspachangeablecopy signbuildingintegrated multi tenant signsprojectingsignsand lifestyleimage displaysmuralsvisible tothepublic right ofway are consistentwith theintentoftheAnaheimResort SpecificPlanasproposed foramendmentThesecomponentswillcomplementandenhancethetourismrelatedlandusesin The AnaheimResortarea andwillnot adverselyaffect the adjoining landusesorthegrowth and dev elopment ofthearea 3 That the sizeandshape ofthe siteisadequatetoallowthe full development ofthe proposeduseina mannernot detrimentaltothe particularareanortothehealth safetyandgeneralwelfareofthepublicbecausealloftheabovementionedusesareintegratedwiththe proposedhotelcomplex Fulldevelopment ofthenightclub andhealth spawasgiven careful consideration duringprojectdesignand issufficiently accommodated within theproposedbuildingprogramThereforethefulldevelopmentoftheproposeduseswillnotbedetrimental totheparticular areaortothehealthsafety andgeneral welfareof thepublic 4 Thatthetrafficgenerated bytheproposed projectwouldnot impose anundue burdenupon the streetsand highwaysdesignedand improvedto carry thetrafficin the areaA trafficstudy hasbeen preparedfor projectwhich assessedthenightcluband health spa uses alongwith other landusecomponentsoftheproject inthetripgeneration analysis The projectspotential trafficimpactswere evaluatedintheMitigatedNegativeDeclarationwhich indicatedthatproject trafficimpactswouldhelessthansignificant withthe implementationofappropriatemitigationmeasures NOWTHEREFOREBE ITRESOLVED bytheCity Councilofthe Cityof Anaheim thatConditional UsePermitNo200905403be andthesameis herebygranted BE ITFURTHERRESOLVEDthat theAnaheimCityCouncil does approveConditionalUsePermitNo200905403subjecttotheconditionsofapprovaldescribedin Exhibit 13attachedheretoand incorporatedherein bythisreferencewhich are herebyfound to be anecessary prerequisite totheproposed useof thesubject propertyin order to preservethesafetyandgeneralwelfareoftheCitizensoftheCityofAnaheim BEITFURTHERRESOLVED thattheCityCouncil asleadagencyforpurposes oftheCaliforniaEnvironmentalQuality Acthaving reviewedtheDiscretionaryActionsdoes hereby findanddeterminethattheMitigated Negative DeclarationandtheassociatedMitigation MonitoringProgramNo 156 isadequateto serveastherequiredenvironmental documentation inconnectionwiththisrequestupon findingthatthedeclarationreflects theindependent judgment oftheleadagencyand that ithasconsideredtheMitigatedNegative Declaration togetherwithanycomments receivedduringthepublicreviewprocess andfurtherfindingon the basis oftheinitialstudyandanycomments receivedthatthereisno substantialevidence thatthe project willhaveasignificanteffecton the environment BEITFURTHERRESOLVED thattheCity CounciloftheCityof Anaheimdoes herebyfind anddeterminethatadoption of thisResolution isexpresslypredicated upon applicants compliancewitheachandall oftheconditionshereinabove set forth Shouldany suchcondition oranypartthereofbe declared invalidorunenforceablebythe finaljudgment of any court ofcompetent jurisdictionthenthis Resolutionandanyapprovalsherein contained shallhedeemednullandvoid BE ITFURTHER RESOLVEDthatthisapplicationisgrantedsubjectto the approval bytheCity CouncilofGeneral Plan AmendmentNo2008 00470Amendment No13 to theAnaheim Resort SpecificPlan SPN200800055AmendmentNo4toThe Anaheim Resort PublicRealmLandscapeProgram MIS200900297Variance No2008 04761and FinalSitePlanNo 2008 00004now pending THE FOREGOING RESOLUTIONisapproved andadoptedbytheCity Council of theCityof Anaheim this31stdayof March 2009bythefollowingroll callvote AYES Mayor PringleCouncilMembersHernandezSidhu Kring NOES CouncilMember Galloway ABSENT NONE ABSTAIN NONE ATTEST CITY CLERKOF THE CITYOF AAHEIM 72433v1MGordon CITYOF AHEIM By OR OFTHE CITY0ANAHEIM EXHIBITA CONDITIONAL USEPERMITNO2009 05403 KATELLA AVE 540 550 O N Source RecordedTractMapsandorCityGISPleasenotetheaccuracyistwotofivefeet 10715 4 NO CONDITIONSOF APPROVAL RESPONSIBLE FOR MONITORING NIGHTCLUBBAR GENERAL Atleast oneexpresselevatorshalloperateto takepatrons of thenightclubdirectlyto theeighthfloor duringhours of nightcluboperation PlanningPolice Thepermittedeventoractivityshallnotcreatesoundlevels thatviolateany ordinanceof theCity ofAnaheim Section 416100010AnaheimMunicipal Code Police Code Enforcement II r Security measures shallbe providedto thesatisfaction of theAnaheim Police Departmenttodeterunlawful conductof employees andpatrons promotethesafeand orderlyassembly andmovementof personsand vehicles andtoprevent disturbances totheneighborhoodby excessivenoisecreated bypatronsentering orleavingthe premises Police Code Enforcement Anytimethepremisesareproviding entertainment the petitionersshallprovideuniformed securitypersonnel Police Code Enforcement Thenumberofpersons attending theeventshallnot exceed themaximum occupancyloadas determined bythe AnaheimFire DepartmentSignsindicatingtheoccupant loadshallbe postedinaconspicuous placeonanapproved signnearthemainexitfrom theroom Fire Code Enforcement 6 Thebusiness shallnot beoperated in sucha way asto be detrimentalto thepublichealthsafety orwelfare Police Code Enforcement 7 Allentertainers andemployees shallbeclothed insuch a wayastonot expose specifiedanatomical areas as describedinSection 716060oftheAnaheimMunicipal Code Police Code Enforcement 8 Noone under theageof21 shallbeallowedinthe nightclub Police CodeEnforcement EXHIBITB CONDITIONALUSEPERMIT NO 200905403 5 9 10 11 12 13 14 15 I6 I8 GENERAL 19 Thebusiness shallnotemploy orpermitany personsto solicit orencourageothersdirectly orindirectlyto buythem drinks inthelicensedpremisesunderany commission percentage salary orotherprofitsharingplanschemeorconspiracy Section242005Alcoholic Beverage Control Act Thefloorspaceprovided fordancingshall be freeof any furnitureorpartitionsandmaintainedinasmoothandsafe condition Any violationof theapplication oranyattached conditions shall besufficientgroundsto revoke thepermit Thereshallbeno exterioradvertising orsign ofany kindor typeincludingadvertising directedto theexteriorfrom withinpromoting orindicatingtheavailability ofalcoholic beveragesInterior displaysofalcoholic beverages orsigns whichareclearlyvisibleto theexterior shallconstitute a violationofthiscondition Thesaleof alcoholicbeveragesforconsumptionoff the premises is strictly prohibited There shallbenorequirementtopurchase aminimum numberofdrinks Signs shallbe posted atallexitsof thepremises of the prohibitionofalcoholicbeverages from leavingtheconfines ofthe establishment Alcoholicbeverages cannot beincludedinthe priceof admission Thereshallbeno amusementmachines orvideogame devices maintaineduponthepremises at any timewithout obtaining theproperpermitsfrom theCityofAnaheim Thenightclub shallbe inspectedbyCitystaff everytwo yearsattheexpenseof thebusinessoperatorto confirm compliancewithapplicable conditionsof approval and MunicipalCodeprovisions HEALTHSPAMASSAGEESTABLISHMENT Thisbusiness shalloperate infull compliancewith AnaheimMunicipalCode Chapter429pertainingto MassageEstablishments 6 Police CodeEnforcement Police Code Enforcement Police Code Enforcement Police CodeEnforcement Police Code Enforcement Police Code Enforcement Police Code Enforcement Police CodeEnforcement Police CodeEnforcement Planning CodeEnforcement CodeEnforcement PRIORTOISSUANCE OFFUILDINGPERMVIITS 20 Finalplansforthesizeandconfiguration ofdisplay cases shallhe submitted totheCityPlanningDirectororhisher designee forreview andapproval Planning GENERAL 21 The Lifestyle imagedisplays shallnotinclude anytext whatsoever Planning CodeEnforcement 22 The businessoperator shall obtainapprovalfromtheCity Planning Directororhis herdesigneeprior tochanging theimages displayedwithinthe storefront displays Planning BUILDINGINTEGRATEDMULTI TENANTSIGNS GENERAL Finalsignplansshallbe submittedto theCity Planning Director orhisherdesignee forreviewandapproval Planning CHANGEABLECOPYSIGNS PRIORTOOPERATION 24 Thedeveloperbusinessoperator shalldemonstrate tothe satisfactionof theCityPlanningDirector orhisher designeethat the imageson the proposedLEDscreen andimages projectedonto thewaterfallarenot visible fromsixfeetaboveground levelonHarborBoulevard or KatellaAvenueIftheimageisvisibletheprojection mustbe adjusted tothe satisfaction of theCityPlanning Director orhisherdesigneeorremoved Planning Theapplicantdevelopershalldemonstrateto the satisfactionoftheCityPlanningDirector orhisher designee that theLED displaydoesnotcause any significantoffsitelightingspillageontheadjacent propertyto thesouthandthewest IftheCityPlanningDirector orhisher designee determinesthereisan impacttheapplicant developer shall berequired tocomplywithmitigationslistedbelow orwithequivalent mitigationto mitigatethe impact ITheapplicantdeveloper maybe required todim the outputof theLED display eitherautomatically photovoltaicsensorormanually toensureno offsite lightingspillageandor Planning MURALS LIFESTYLEIMAGE DISPLAYS 7 28 26 2Theapplicantdevelopermayberequired to adjustthe angleof theLED display inadifferentdirectionsince most moderndisplaymodules aredesigned withlouver like dividersbetweentherows of LEDsthat helpfocusthe light emissionstotheintended viewersand or 3Theapplicant developermayberequired to apply lighting shieldsto limit offsite spillage toadjacent properties The LED structurewillbe requiredtobe affixed to the buildinginamannerthatis acceptableto thePlanning DepartmentBuilding DivisionStructural buildingplans will be requiredto be reviewed andapprovedbythe City Building OfficialandthePlanningDirectorwillreviewthe finallocationfortheLED display Operation ofthe LED displaywill not be permitteduntiltheCityPlanning Directorand theBuildingOfficialgrants final approvaland completes inspection ofthestructure GENERAL Applicant has designed the LEDscreenonthe pooldeck andthewaterscreen at therooftoplounge to notbe visiblefrom pedestrianorvehicular trafficat theKatella Avenue HarborBoulevardintersectionTheremaybe some instanceswhere a limitednumberofselecthotel roomscould view eitherone oftheabove referenced visual elements Giventhe highqualitydestination environment within theAnaheimResort districtthe applicant developershallensurethat allimagedisplays visibletooffsite resort guestsincluding theLED screen andthe waterscreenwill not include explicitsexual contentorgratuitousviolence GENERAL Thesubjectproperty shallbedevelopedsubstantially in accordancewithplansandspecifications submitted to the Cityof Anaheim bythepetitionerand whichplans areon filewiththePlanningDepartmentmarkedExhibit Nos1 through82andas conditioned herein Thetimeperiodto satisfyconditionsof approval shallbe two2iyearsfrom thedateof thisresolution Extensions forfurthertimemaybegranted inaccordance with Section 186070 of theAnaheim MunicipalCode That timing forcompliancewithconditions ofapprovalmay beamended bythePlanningDirectorupon a showingof goodcauseprovided iequivalent timingisestablished that Planning Planning Planning Planning 8 satisfies theoriginalintentandpurposeofthe conditions iithe modificationcomplies with theAnaheim Municipal Codeand iiitheapplicant hasdemonstrated significant progresstoward establishmentof theuseorapproved development 0 Approval of this applicationconstitutesapproval of the proposedrequestonlyto the extentthat complieswiththe Anaheim MunicipalZoning Codeand anyother applicable CityStateandFederalregulationsApprovaldoesnot includeanyactionorfindingsastocompliance orapproval oftherequestregardingany otherapplicableordinance regulationorrequirement RESOLUTION NO 2009057 ARESOLUTION OFTHE CITYCOUNCILOFTHE CITY OFANAHEIMAPPROVING VARIANCENO200804761 WHEREAStheAnaheim CityPlanningCommission hereinafterthePlanning Commission did receiveaverified Petitionfor theapproval of avariance designatedas Variance No2008 04761to constructa newninestory252room hotelwith 75593squarefeet ofaccessoryuses with less parkingandsmallerinterior setbacksthan requiredbythe ZoningCodeforthatcertainrealpropertygenerallylocatedat1820SouthHarborBoulevardAnaheim California as moreparticularly shownin Exhibit Aattached hereto andincorporated hereinby thisreference hereinaftertheapplication and WHEREAS Variance No200804761 isproposed inconjunctionwith General Plan AmendmentNo 200800470 AmendmentNo13 totheAnaheimResort SpecificPlan SPN200800055Amendment No4to TheAnaheim Resort Public Realm Landscape Program MiscellaneousCase No 200900297 Conditional UsePermit No2009 05403Determination ofPublicConvenienceorNecessityNo200900056 andFinal SitePlan No2008 00004 hereinaftertheDiscretionary Actions and requestsapproval of avariance from thefollowing provisionsof theAnaheimMunicipal Code a SECTIONNO1842040010 Minimumnumberof parkingspaces 712spacesrequired527 spaces proposed b SECTION NO18116090040 Minimuminteriorsetback 10feet required5 feetproposed WHEREASthe PlanningCommissiondid holdapublic hearingatthe Anaheim CivicCenterCouncil Chamber 200South AnaheimBoulevard onMarch 22009at 230 pm noticeofsaidpublichearinghavingbeen dulygiven asrequired bylaw andinaccordance with theprovisions oftheAnaheim MunicipalCode Chapter1860tohearand considerevidence for and againstsaidproject includingVariance No200804761 andatsaidhearing didreceive evidence and reports from personsinterested thereinandfromits staffand WHEREASthe PlanningCommission hasreviewed the Discretionary Actions and didfind anddetermine thatthe MitigatedNegativeDeclaration and theassociatedMitigation MonitoringProgram No156is adequatetoserve astherequired environmental documentation in connectionwiththis request uponfinding thatthe declarationreflectsthe independent judgmentofthe leadagencyandthat ithasconsidered the MitigatedNegative Declaration togetherwithanycommentsreceived duringthe publicreview processand furtherfinding on the basis of theinitialstudyand any comments receivedthat thereisnosubstantial evidence thatthe projectwillhave asignificanteffect ontheenvironmentand WHEREAS saidPlanningCommissionafter dueinspection investigationand studiesmade byitselfand initsbehalf and afterdueconsideration ofall evidence andreports offered at saidhearing did adoptits ResolutionNo PC2009039 grantingVariance No 2008 04761and WHEREASsaid Planning Commission byitsMotion didrequest that the AnaheimCityCouncilreview the PlanningCommissionsaction approving VarianceNo2008 04761atadulynoticed publichearingand WHEREASthereafter the CityCouncildidsetVarianceNo 2008 04761fora de novohearingwhich publichearing wasdulynoticed andheldasprescribed bylaw andasa resultthereof theCity Council does hereby makethefollowing findings The variancepertainingtotheminimumnumberofparking spacesishereby approvedbasedupona parkingstudy preparedbyLinscottLawandGreenspan anddated January 142009which determined thataminimum of463spacesshouldbe provided forthe projectbasedon asharedparking analysis 2 Thevariancepertaining to theminimumnumberof parkingspaces underthe conditionsimposed willnotcausefewer off streetparking spacestobe provided for the proposed usethan the number ofsuch spaces necessarytoaccommodateall vehiclesattributable tosuchuseunder thenormalandreasonablyforeseeableconditions ofoperation ofsuch use becausethesite willaccommodate theforecasted parkingbased on theresults oftheparking studyandhavea surplusof64parkingspacesThe site will havea parkingdemandfar less than code requiredparkingfor the individual landuses due to theproximity ofthe ConventionCenter andDisneyland Resortaswellastheavailabilityof lowcost transitservingAnaheimhotels 3 Thevariancepertaining to theminimum numberof parking spacesunderthe conditionsimposed will not increasethe demandandcompetition for parkingspaces uponthe publicstreets inthe immediatevicinityofthe proposedusebecausethe projecteddemand willbe far lessthancode requirements andthere arenocurbside parking spaces available alongthe project frontage onHarbor Boulevardor Katella Avenueexcept forbuses andtaxis 4 Thevariancepertaining totheminimumnumberof parking spacesunderthe conditionsimposed willnotincrease thedemand andcompetition for parkingspaces upon adjacentprivate property in the immediatevicinityofthe proposed usebecause theparking for this siteissufficient fortheproposed useandsurroundingproperties haveparking lotsthatare distinctly separatefrom thisfacility Thevariancepertainingto theminimum numberofparking spaces underthe conditions imposedwillnotincrease traffic congestion withintheoffstreet parking areasorlots provided forsuchusesince theoffstreet parkingarea will provide sufficientparking toaccommodatetheprojectedparkingdemandandthedriveaislesthroughthesitearesufficientto accommodatethesites anticipatedtraffic 6 Thevariance pertainingto theminimumnumberof parkingspacesunderthe conditions imposed willnot impede vehicular ingressto oregressfrom adjacent propertiesupon thepublic streetsinthe immediatevicinityof theproposedusesincetheproposeddriveways are in generallythesamelocation astheexistingaccess driveways suchthatnosignificant access changesare contemplated Thevariancepertaining tothe minimum requiredinteriorsetbacksishereby approved becausetheproposed plant materialwillscreen mostlevels oftheparkinggarage and willsoftentheappearance ofthestructureThesizeand numberof trees complieswith the required treedensity basedon therequired setbackof tenfeet Further thereare nosensitive landuses adjacentto theareas wherethe setbackvarianceisbeingrequested S Thevariancepertaining tothe minimum requiredinteriorsetbacksishereby approvedbecausestrict applicationof theZoning Codewoulddeprive theproperty ofprivileges enjoyedbyother propertiesunderidentical zoning classification inthevicinitydue to a dedicationof ninefeetalongHarborBoulevardandnineto twentyfeetalongKatellaAvenue 6 Thevariancepertaining to the minimumrequired interiorsetbacksishereby approvedbecausethere are special circumstancesapplicableto thispropertydueto thefactthat substantial dedication isrequired toaccommodatefuture public improvements andthe variance isnecessaryinorderto allow busand shuttlemovement independentof thehotelsportecochere and parking structureaccessWiththis additionalsite area shuttlebusescanenterand leavethe site withoutinterferingwith theprojectsinternalvehicle circulationprovidingforimproved circulation flowandpublicsafety Additionallycompliance withthe requiredsetbackwould resultintheelimination ofapproximately30parking spacesat the groundleveland would furtherimpact thenumber of parkingspacesand circulationwithin theparking structure NO THEREFORE BEITRESOLVEDbytheCityCouncil oftheCityof AnaheimthatVariance No2008 04761beand thesame ishereby granted BE ITFURTHER RESOLVEDthattheAnaheimCity Councildoesapprove Variance No2008 04761subjecttothe conditions ofapprovaldescribed inExhibitBattached heretoand incorporatedhereinbythis referencewhichareherebyfound tobea necessary prerequisiteto the proposed useof thesubjectpropertyinorderto preservethe safetyand general welfare oftheCitizens of theCityofAnaheim BEITFURTHERRESOLVEDthat theCityCouncilasleadagency forpurposes ofthe CaliforniaEnvironmentalQuality Acthavingreviewed theDiscretionary Actions does hereby findand determinethat the Mitigated Negative Declarationandthe associatedMitigation MonitoringProgram No156 isadequatetoserveastherequiredenvironmental documentation inconnectionwiththis requestupon findingthat the declarationreflects the independent judgmentoftheleadagencyand that ithasconsideredthe MitigatedNegative Declaration togetherwith anycommentsreceivedduringthe publicreview processand furtherfinding onthe basisofthe initial studyand anycommentsreceivedthat thereisno substantialevidence thatthe project willhaveasignificant effectontheenvironment 3 BEITFURTHER RESOLVEDthatthe CityCounciloftheCityof Anaheimdoes herebyfindand determine that adoption ofthisResolution isexpresslypredicated upon applicantscompliancewitheachand allofthe conditionshereinabove setforth Shouldany suchcondition oranypartthereofbe declaredinvalid orunenforceable bythe final judgmentof anycourt of competent jurisdiction thenthis Resolution andany approvalsherein contained shallbedeemednull andvoid BEITFURTHERRESOLVEDthat this application isgranted subjecttothe approval bytheCity Councilof GeneralPlan AmendmentNo 200800470 Amendment No13 totheAnaheim ResortSpecificPlanSPN2008 00055Amendment No4to TheAnaheim ResortPublicRealmLandscape ProgramMIS2009 00297ConditionalUse Permit No2009 05403andFinalSite Plan No2008 00004nowpending THEFOREGOINGRESOLUTION isapprovedand adopted bytheCityCouncil of theCityof Anaheimthis 31stdayofMarch 2009bythefollowingrollcallvote AYES MayorPringleCouncil Members HernandezSidhuKring NOES CouncilMemberGalloway ABSENT NONE ABSTAIN NONE CITY CLERKOF THE CITY OF ANAHEIM 72431v1MGordon CITYOFA EIM By MAYOROF THEC Y O NAHEIM EXHIBIT A ARIANCENO200804761 KATELLAAVE 540 550 Source Recorded TractMapsand orCity GIS Pleasenotethe accuracyis twoto fivefeet 10715 NO CONDITIONS OFAPPROVAL RESPONSIBLE FOR MONITORING GENERAL 1 Thesubjectpropertyshall bedevelopedsubstantially in accordancewithplanssubmittedto theCityof Anaheim by theapplicant andwhich plansareon filewiththe Planning Department marked ExhibitNos1through 82 andas conditionedherein Planning I Thegrantingofthe parkingvarianceiscontingentupon operation of the useinconformance withtheassumptions andiorconclusionsrelatingto theoperationandintensity of useascontainedintheparking demandstudythatformed the basisforapproval of said varianceExceeding violating intensifying orotherwise deviatingfrom anyof said assumptions andorconclusions ascontainedinthe parkingdemandstudy shallbe deemedaviolationof the expressedconditionsimposedupon saidvariancewhich shallsubjectthisvariance to terminationormodification pursuant totheprovisions ofChapter 1860Procedures of the AnaheimMunicipalCode Planning 3 Theapprovalof this applicationconstitutesapprovalof theproposedrequestonlyto the extentthat itcomplies withtheAnaheimMunicipalZoningCodeandany other applicable CityStateand FederalregulationsApproval does notincludeany actionorfindingsastocompliance orapprovalof therequest regarding anyother applicable ordinanceregulationorrequirement Planning 4 Thesubjectpropertyshallbe developedsubstantially in accordancewith plans and specificationssubmitted tothe CityofAnaheim bythe petitionerand whichplans areon filewiththePlanningDepartment markedExhibitNos1 through82 andasconditioned herein Planning 5 Thatextensionsforfurthertimeto completeconditions of approvalmaybe grantedinaccordance withSection 1860170oftheAnaheimMunicipal Code Planning EXHIBITB VARIANCENO200904761 6 That timingforcompliancewithconditions of approval maybe amendedbythe Planning Director upon ashowing of good causeprovided iequivalenttimingisestablished thatsatisfiesthe original intentandpurposeofthe conditionsiithe modification complieswiththe AnaheimMunicipalCode and iiithe applicant has demonstrated significantprogresstoward establishmentof theuse orapproveddevelopment Approvalof this applicationconstitutes approval ofthe proposedrequest onlytotheextent thatcomplieswith the AnaheimMunicipalZoningCodeand anyother applicable CityStateand Federalregulations Approval doesnot includeanyactionorfindings as to compliance orapproval of therequest regardinganyother applicable ordinanceregulation orrequirement Planning Planning RESOLUTION NO2009059 A RESOLUTIONOFTHECITYCOUNCILOFTHE CITYOFANAHEIM APPROVINGFINALSITEPLAN NO200800004 WHEREASthe AnaheimCityPlanningCommissionhereinafterthe Planning Commission didreceive averified Petitionforthe approval ofafinal site plandesignated asFinal SitePlan No2008 00004to construct a newninestory252room hotelwith75593squarefeet of accessory uses for that certainrealpropertygenerallylocated at1820 South Harbor Boulevard AnaheimCalifornia asmore particularly shown in ExhibitAattached hereto andincorporated hereinbythis referencehereinaftertheapplication and WHEREASFinalSitePlanNo 2008 00004isproposedinconjunction with GeneralPlanAmendmentNo2008 00470Amendment No 13to the AnaheimResort Specific PlanSPN200800055AmendmentNo 4 to TheAnaheimResort PublicRealmLandscape ProgramMiscellaneousCase No2009 00297ConditionalUsePermit No2009 05403Variance No200804761 and DeterminationofPublicConvenienceand NecessityNo 2009 00056 hereinaftertheDiscretionary Actions and WHEREASthe PlanningCommissiondidholdapublichearing atthe Anaheim CivicCenter CouncilChamber200South Anaheim Boulevard onMarch 22009 at 230pm noticeof saidpublic hearinghaving been duly givenasrequired bylawand inaccordancewith the provisions of theAnaheim MunicipalCodeChapter1860to hearand considerevidence forand againsttheproposed Discretionary Actionsincluding FinalSitePlan No200800004 and at said hearingdid receive evidence and reportsfrompersons interested thereinandfrom itsstaffand WHEREASthe Planning Commission hasreviewed theDiscretionaryActions and didfindand determinethattheMitigatedNegativeDeclaration andtheassociatedMitigation MonitoringProgram No156 isadequatetoserveasthe required environmental documentation in connectionwith thisrequestupon findingthat thedeclarationreflectstheindependent judgment of theleadagency and thatithasconsideredthe Mitigated NegativeDeclarationtogether withany commentsreceivedduring thepublic reviewprocess andfurtherfinding on thebasisof theinitial studyand anycommentsreceived thatthere isno substantialevidencethattheproject willhavea significant effect ontheenvironmentand WHEREASsaid PlanningCommission afterdue inspectioninvestigation and studiesmade byitselfand initsbehalfand afterdueconsiderationof allevidenceandreports offeredat saidhearing didadoptitsResolution NoPC2009040approving FinalSitePlan No 200800004and WHEREASsaidPlanningCommissionbyitsMotiondidrequestthatthe Anaheim CityCouncilreviewthe Planning Commissionsactionapproving FinalSitePlanNo2008 00004 at aduly noticed public hearingand 1 WHEREASthereaftertheCityCouncildid setFinalSitePlan No200800004fora denovohearingwhich publichearingwas dulynoticed andheldasprescribedbylawandasa resultthereofthe CityCouncildoesherebymakethe followingfindings 1 Thatthe requestto constructa 252room hotelwith75593squarefeet ofaccessory usesincludingsupportingretailspanightclubloungesrestaurants conference meeting rooms andhotelofficescomplies withtheAnaheimResort SpecificPlan No92 2SP922asproposed foramendmentinconjunctionwithGeneralPlan AmendmentNo2008 00470AmendmentNo13 tothe AnaheimResortSpecific PlanSPN2008 00055 ConditionalUse PermitNo2009 05403 VarianceNo200804761 andFinalSitePlanNo 2008 00004nowpending 2 Thatthe proposed252 roomhotelwith75593 squarefeetof accessoryuses willbe compatible withhotels withinthe AnaheimResort Specific Plan Moreoverthe project hasbeen designedto haveanattractive appearance frombothHarborBoulevardand KatellaAvenueto preserve and enhanceTheAnaheimResort WHEREAS theCity CouncilasleadagencyforpurposesoftheCalifornia Environmental Quality Acthavingreviewed the Discretionary Actionsdoeshereby findand determinethattheMitigatedNegativeDeclarationandtheassociatedMitigationMonitoring Program No156isadequateto serveastherequired environmentaldocumentation inconnection withthisrequestupon findingthat thedeclaration reflects theindependent judgmentofthe lead agencyand thatithasconsideredthe MitigatedNegativeDeclarationtogetherwithanycomments receivedduringthe publicreviewprocessandfurtherfindingon the basisofthe initial studyand anycommentsreceivedthat thereisno substantialevidence thatthe project willhavea significant effectonthe environment NOW THEREFORE BE ITRESOLVED thattheCity CounciloftheCity of Anaheimdoeshereby approveFinalSitePlan No2008 00004 subject tothe conditionsof approval describedinExhibitBattachedhereto andincorporated bythisreference which arehereby found tobe a necessary prerequisiteto theproposeduseof the subjectproperty inorderto preservethe healthsafetyandgeneral welfareof theCitizensof theCityof Anaheim BEITFURTHERRESOLVEDthattheAnaheim CityPlanningCommissiondoes Herebyfindand determinethat adoption ofthisResolution isexpresslypredicated uponapplicants compliancewitheachandall of theconditionshereinabove setforthShouldanysuch conditionor anypart thereofbedeclared invalidorunenforceable bythefinal judgmentofanycourtof competentjurisdictionthen thisResolution and anyapprovals hereincontained shallbedeemed nulland void BEITFURTHER RESOLVEDthat thisapplication isgrantedsubject tothe approvalbythe CityCouncilof GeneralPlan AmendmentNo 2008 00470Amendment No13 to theAnaheimResort SpecificPlan SPN200800055Amendment No4to TheAnaheim Resort Public RealmLandscapeProgram Miscellaneous CaseNo200900297Conditional UsePermit No200945403 andVarianceNo200804761now pending THEFOREGOINGRESOLUTION isapprovedandadoptedbytheCityCouncil of theCity ofAnaheimthis31stday ofMarch 2009bythe followingrollcallvote AYES NOES ABSENT ABSTAIN Mayor PringleCouncilMembersHernandez Sidhu Kring Council Member Galloway NONE NONE Ar RKOFTHE CITYOF NAHEIM 72426v lMGordon CITYOFANAHEIM B AHEIM EXHIBIT A FINALSITEPLANNO200800004 N KATELLAAVE 540 550 N SourceRecordedTractMapsandorCityGIS Pleasenotetheaccuracy is1two to five feet 10715 4 EXHIBITB FINALSITEPLANNO200800004 NO 1 ToolS OFAPV NCTEMitigation1 IeasuresMM Project DesignFeatures PDFandStandard ConditionsSC fromMitigation rnitoringProgram No 156areincorporated intotheseconditions ofapproval and areidentified bythemitigationmesure number PONSLBLE 1ITl1 belowapplicable condition numbers P RTO ISSUANCEOFBUILDINGPERMITS 1 Theapplicantdeveloper shallinstallbond fororotherwisesecure on siteelectrical facilitiesinaccordance withtheCityofAnaheim PublicutilityElectric RatesRules and Regulations andprovide writtenevidence ofthisfact to thePublicUtilitiesDepartment Electrical Engineering it 2 Theapplicantdeveloper shallsubmitplanswhich detailthe lighting systemforany parkingfacilitiesadjacent tolight sensitiveuses The systems shallbedesignedandmaintained insuch amannerasto conceallight sourcesto the extentfeasibleto minimizelight spillage and glare tothe adjacentusesTheplans shallbeprepared and signed byalicensed Electrical Engineerwith aletter fromthe engineer stating thatintheopinionof theengineer thisrequirement hasbeen met 1PDF1 1 Planning 3 Theapplicantdevelopershallsubmit planswhich illustratethatall mechanical equipmentand trashareasforthe subject buildingswill be screenedfrom adjacent publicstreets Screeningshall beinstalled iprior tofinal buildingandzoning inspection 3MM 3111 Planning j I ii II 4 Theapplicantdeveloper shallsubmita landscape andirrigation plan whichshallbe preparedand certifiedbyalicensed landscape architect Thelandscape planshallinclude aphasing planforthe installationandmaintenanceof landscaping associatedwith that buildingpermit and shall beinconformance withtheWater EfficiencyLandscapeOrdinance Theirrigationplanshall specify methodsformonitoringthe irrigation system Thesystem shallensure thatirrigation ratesdonot exceed the infiltrationof localsoils thatthe applicationof fertilizers and pesticidesdonot exceed appropriate levels of frequenciesandthat surfacerunoffand overwateringisminimized Thelandscapeand irrigationplansshallincludewaterconserving features such aslow flowirrigation headsautomaticirrigation schedulingequipment flowsensingcontrols ramsensorssoil Planning Resource Efficiency EXHIBITB FINALSITEPLANNO200800004 moisturesensorsand otherwaterconservingequipment Inaddition all irrigationsystemsshallbe designed sothattheywill function properly with reclaimed wateronceasystemisavailableThe landscape and irrigationplansshall be reviewed bythe Anaheim ResortMaintenanceDistrict 4MM3112 Iconclusions Ishade 1 iIand II if 5 Theapplicant developer submitted apreliminaryshade shadowstudy forthis project whichdemonstrated thatthe projectwould notcreate anyshadeshadowimpacts Constructionplans shall conformto the ofthatstudyorfurtheranalysismaybe necessary to demonstratethat theproposedstructure wouldnotcreatesignificant and shadowimpactson adjacentlandusesA significantshade andshadowimpactwouldoccurwhen outdoor activeareaseg ieatingareas alongHarborBoulevardhotel motelswimming pools residential frontand backyardsorstructures that include sensitiveuseseg residenceshavewindowsthatnormally receive sunlight arecovered byshadows formorethan50 percentof the sunlighthoursIfthe analysisidentifies shadeand orshadowimpacts wouldoccurand the buildingsetbackarchitecturalmassingand landscape requirementprovisions setforthinSection50 DesignPlan of theAnaheimResortSpecific Plando not functionasfeasible mitigationmeasures additionaltechnical reviewof the structures will berequired5 MM 311 3 Planning 1 li if 6 The applicantdevelopershallsubmitevidence thatlow emission paints andcoatingsareutilizedinthe design ofbuildings in compliancewith SCAQMDregulationsThisinformation shallbe denotedon the projectplans andspecifications The applicantdevelopershallalsoimplement thefollowingtolimit emissions from architecturalcoatingsandasphaltusage a Usenonsolvent basedcoatingson buildingswherever appropriate b Usesolvent basedcoatingswheretheyarenecessary inways that minimize solvent emissions cEncourageuseofhighsolid orwaterbasedcoatings8MM342 Building jj r Theapplicant developershall comply withall SCAQMDoffset regulations andimplementationof BestAvailable Control TechnologyBACT andBest Available Retrofit ControlTechnology BARCT1for anynewormodified stationary source Copiesof permits shallbe givento thePlanningDepartment11 MM345 Planning li 8 1 Theapplicantdevelopershallimplement anddemonstrate tothe Citymeasures thatarebeing taken toreduceoperation related air qualityimpactsThesemeasures may includebutarenot limitedto thefollowingg 1Improvethermalintegrityof structures andreducedthermalload throughuse ofautomatedtimeclocksoroccupantsensors Resource Efficiency 2Incorporate efficientheatingand otherappliances 3Incorporate energy conservationmeasuresinsite orientationandin buildingdesignsuch as appropriatepassive solardesign 4Usedroughtresistantlandscaping whereverfeasible toreduce energyusedinpumping andtransportingwater 5Tothe extentfeasibleprovidedaycare opportunitiesfor employeesorparticipateinajoint developmentdaycarecenter 12MM346 Implementation ofenergy conservationtechniques ieinstallationof energy savingdevices constructionof electricalvehicle charging stationsuse of sunlightfilteringwindow coatingsordouble paned windowsutilizationof light coloredroofingmaterialsas opposed to dark coloredroofing materials and placementof shadytreesnext to habitablestructuresshall be indicatedon plans13NewMM 10 The followingsummaryofmitigationmeasures to be incorporated into thedesign andoroperationof theAnaheim Hotelis basedontheTable CC 1Attorney General Recommended ProjectLevelMitigation Measures EnergyEfficiency GCC 1 1Design buildingsto beenergyefficientSitebuildingsto take advantageofshadeprevailing winds landscapingandsunscreensto reduceenergyuse GCC12Install efficientlightingandlighting control systemsUse daylightasanintegralpartof lightingsystemsinbuildings GCC15Install energyefficientheating andcoolingsystems appliancesandequipmentand controlsystems GCC 1 8Use solarheatingautomaticcovers and efficientpumps and motors forpoolsandspas GGC19Provideeducation onenergyefficiency Renewable Energy GCC 120Implement lowimpact developmentpractices thatmaintain the existing hydrologic characterof thesite to manage stormwaterand protect theenvironmentRetaining stormwater runoffonsitecan drastically reducethe need forenergyintensiveimportedwateratthe site GCC122Provide educationaboutwaterconservation andavailable programsandincentives GCC 123 Reuseandrecycleconstructionanddemolition waste includingbutnot limitedto soilvegetationconcrete lumbermetal andcardboard GCC 126 Provideeducationandpublicity aboutreducingwasteand availablerecyclingservices Building Resource Efficiency Planning Traffic and Transportation LandUse Measures GCC 1 27Includemixed useinfilland higher density indevelopment projects tosupportthe reductionofvehicle tripspromote alternativesto individualvehicletravelandpromote efficientdeliveryofservices and goods GCC131 Develop brownfieldsandotherunderused ordefunct properties nearexistingpublictransportation andjobs Transportation andMotor Vehicles GCC1 39Increase thecostof driving andparking privatevehiclesby egimposing tollsandparkingfees Feeswill be chargedforon siteparking GCC 141 Provideshuttleservice to publictransit The projectwillprovideastopand loadunloadareafortheshuttle whichcurrently serves theresortdistrict GCC142Providepublictransit incentives such asfreeorlow cost monthlytransitpasses GCC146 Forcommercialprojects provide adequatebicycleparking nearbuildingentrances topromote cyclistsafetysecurityand convenienceForlarge employersprovide facilitiesthatencourage bicyclecommutingincluding eglockedbicyclestorageorcoveredor indoorbicycleparking Securebicycle storageforemployeeswill be providedinthe basementadjacenttotheprimary staffentryandBack ofHouse areas15NewMM i 11 Theapplicantdeveloper shallsubmit plansshowingthat theproposed structure hasbeenanalyzed forearthquake loadingand designed accordingto themostrecent seismicstandardsinthe2007California Building Code UniformBuildingCode asadoptedbytheCityof Anaheim 19 MMVI 1 Building 12 Theapplicantdevelopershallsubmit forreviewand approval detailed foundationdesign informationforthe subjectbuildings prepared byacivilengineerbasedonrecommendations bya geotechnicalengineer21MMVI3 Building 13 The applicant developershallsubmit areportprepared byageotechnical engineer forreviewand approvalwhich shall investigate thesubject foundationexcavationsto determineifsoftlayers arepresent immediately beneath thefooting siteand toensure thatcompressibility doesnotunderlie thefooting 22 MMVI 4 Building 14 Theproperty ownershall ensurethe provision ofan8foot high temporary constructionnoisebarrieron oradjacentto thesectionof Building theeasternproperty line adjacentto the Islander InnSuites swimming poolThebarriershallbe solidfromthe groundto thetop withno openingsandshall haveaweightof at leastthree poundspersquare footsuchas halfinchthickplywood 40AdditionalMM Incompliancewith MM XI2 15 Plans shallincludeanotethatnoisegenerated byconstructionactivity shallbelimitedbytheapplicantdeveloper to 60dBAalongthe property boundariesbefore 700amandafter 700pmas governed byChapter670 SoundPressureLevelsof theAnaheim Municipal Code35MM351 PlanningCode Enforcement Building verificationof noteson plans 16 Theapplicant developershallensurethatallmechanical ventilation unitsare shownonplansand installed incompliancewiththeSound Pressure LevelsOrdinance38 MM354 Planning Building 17 Thewater supplysystem shallbedesigned bytheapplicant developer toprovidesufficient fireflowpressureandstorage fortheproposed landuse andfireprotectioninaccordancewithFireDepartment requirements41 NewMM Fire 18 Onsitefirehydrantsshallbeinstalledandchargedbythe applicantdeveloperasrequiredandapprovedbytheFire Department 42 XIII2 Fire 19 Plans shallindicate thatallbuildingsshallhavesprinklersinstalledby theapplicantdeveloperinaccordancewithAnaheim MunicipalCode Saidsprinklersshall be installedprior tofinal buildingandzoning inspections44XIII 4 Fire 20 Plansshall be submittedto ensurethatdevelopmentisinaccordance withtheCityof Anaheim Fire Department Standardsincluding AOverheadclearanceshallnot beless than14feetforthefull widthof accessdrives BAdequateoffsitepublic firehydrantsand onsiteprivate fire hydrants shallbe provided bytheapplicantdeveloperThe precise numbertypesand locationsofthehydrants shallbedetermined duringbuildingpermitreviewHydrantsareto be amaximum of 400feetapart CAminimum residual waterpressure of20psishallremain inthe water systemFlowrates forpublicparkingfacilitiesshallbeset at 1000to1500gpm 45 XIII 5 Fire 21 The applicantidevelopershallsubmitaConstructionFire Protection Plan to theFireDepartment forreviewandapproval detailing accessibility of emergencyfireequipmentfirehydrantlocation andanyother constructionfeatures requiredbytheFireMarshal The applicantdevelopershall be responsible forsecuringfacilitiesacceptable to theFire Depainuent andhydrants shallbeoperational withrequired fireflow46XIII6 Fire 22 Theapplicant developershallsubmit plans tothePoliceDepartment forreviewandapproval forthepurposeof incorporatingsafety Police T measures intheprojectdesign includingthe conceptofcrime preventionthrough environmental design egbuildingdesign circulation siteplanningand lightingofparking structuresand parkingareas 48XIII 9 23 Theproject design shallincludeparking lotswith controlledaccess pointstolimitingress andegress ifdeterminedtobe necessarybythe Police Depailuientandshallbesubjectto thereviewandapprovalof thePolice Department 50XIII 11 Police 24 The applicantdevelopershall provideproofofcompliance with Government CodeSection 53080schoolstotheBuilding Division ofthePlanningDepartment51 XIII12 Building F 25 Appropriate Traffic SignalAssessmentFees andTrafficImpact and ImprovementFeesshallbepaidbytheapplicant developerto the Cityof Anaheiminamounts determined bytheCityCouncil Resolutionineffect atthetimeofissuance of thebuildingpermit with creditgivenforCityauthorized improvements providedbythe applicant developerandparticipate inallapplicable reimbursement orbenefitdistrictswhichhavebeenestablished 52 MM332 Buildingfee payment Trafficand Transportation creditsdistricts 26 Theapplicant developer shallirrevocably offerfordedication with subordination of easementsincludingnecessary construction easementstheultimate rightsofwayasshownintheCirculation ElementoftheAnaheimGeneralPlanforthewideningof Katellaand Harbor Avenue53MM333 PublicWorks Development Services 27 Streetimprovement plansshallbesubmitted foralltrafficrelated improvements adjacenttotheprojectsiteto thePublicWorks Depai tmentDevelopmentServicesDivision forreviewandapproval Theseplanswillshowbothsides ofallstreets adjacenttothe propert including allexistingdrivewaysandutilityinstallations signingandstriping Abond shall beposted foralltraffic related street improvementsincludingbutnotlimitedtodirectional signagestriping andmedian islands asrequiredforsaid projectAll improvementsshall be installedandcompletedprior to thefirstfinal buildingandzoninginspection PublicWorks Development Services 28 Plans shallspecificallyindicate thatallvehicularramps andgrades conform toall applicableEngineeringStandards Trafficand Transportation 29 Plans fortheparkingstructureshalldemonstrate thatatgrade ducts andoverheadpipesshallnotencroachintheparkingspaceareas or requiredvehicle clearance areas Trafficand Transportation 30 Plansshalldemonstratethatfirelanesshallbe postedwithNo ParkingAnyTimeSaidinformation shallbe specifically shownon planssubmittedforbuilding permits Trafficand Transportation 31 The applicantdeveloper shallabandonanyexistingCity ofAnaheim PublicUtilities easementsconflictingwithbuildingfootprints PublicWorks Development Services 33 32 Alotlineadjustmentshallbesubmittedtothe PublicWorks Department DevelopmentServices Divisionto merge theexisting parcels intoone legal lotTheLot LineAdjustment shallbe approved by the CityEngineerand recordedintheofficeof theOrange County Recorder A Rightof WayConstruction Permitshall beobtainedfrom thePublic Works DepartmentDevelopmentServices forall work performedinthe right ofwayA bond shallbe postedinan amount approvedbytheCity Engineer and a formapprovedbytheCityAttorneyTheimprovements shallbe constructed priortofinal buildingand zoninginspections 34 Therecordation ofa Save Harmlessin lieu ofEncroachment Agreementisrequiredforanyprivate storm dramsconnecting toa City storm dram 35 Theexisting middledriveway approach onHarborBlvdshall beremoved andreplacewithcurb gutter parkwaylandscapingand sidewalkAbond shallbe postedinan amount approvedbythe CityEngineer andaform approved bytheCityAttorneypriortoissuance ofa buildingpermit A Rightof WayConstruction Permitshall beobtained fromthePublicWorks DepartmentDevelopmentServicesforall work performedintherightof wayTheimprovementsshallbe constructedprior tofinalbuildingand zoninginspections 36 Theapplicantdeveloper shallfullyfund theimplementation of IntelligentTransportationSystemsITS improvements atandadjacent totheintersectionofHarborBoulevard andKatellaAvenueThe specificimprovements to be implementedshallbe 1aCCTV installationattheHarbor Boulevard ConventionWay intersection2 performancemonitoringstation anddetectionto provideapermanent trafficcountstation attheHarbor BoulevardKatella Avenue intersection and3ATC controller andITScabinetwithhardened EthernetcommunicationstocabinetattheHarbor Boulevard Katella Avenueintersection Implementationof theseimprovements shall beto thesatisfaction of theCityEngineer 55MMXV1 37 Theapplicantdeveloper shallcoordinatewithall utility providers to ensureavoidanceof anynotableservicedisruptions duringthe extensionrelocation upgradingof orconnectionto services 58 PDF XVI1 38 The applicantdevelopershallprovideproofof participationinthe Anaheim TransportationNetwork ATNonce theproject isin operation Ongoingduringprojectoperations everypropertyowner andorlessee shallbeavotingmemberoftheATNsubject to thetermsand provisions of theby laws andassociation rulesof theATN Everyproperty ownerandorlessee shallparticipateinATNcoordinated transportation demandmanagementefforts designedto decreasetraffic congestion andincreaseridesharing PublicWorks Development Services PublicWorks Development Services PublicWorks Development Services PublicWorks Development Services Traffic and Transportation Building Traffic and Transportation Ii 39 it ii it Provideamenuof commutealternativesforemployeestoreduce projectgenerated trips Conductan annualcommuter surveyto ascertaintripgenerationtrip origin andAverageVehicleRidership Everyproperty ownerandorlesseeshalldesignateanon sitecontact who shallbe responsibleforcoordinating withthe ATN and implementingall tripmitigationmeasuresThe onsitecoordinator shall bethe one pointof contact representingthe projectwith the ATN Therequirements ofthemitigationmeasureshallbe included intheleaseorotheragreementwithall oftheproject participants Documentation indicating compliancewiththismitigationmeasure shall beincluded intheannualmonitoring report ongoingduring project operation57MMXV 3 40 rEvery propertyownerandorlesseeshallfinanciallyparticipateinthe operation ofacleanfuel shuttle systemand pursueits useforemployee transportation akaAnaheim Resort Transit56MMXV 2 Theapplicantdeveloper shallprovide aplanforimplementationand administrationofacomprehensiveTransportation Demand Management TDMprogramforall employeesObjectives of the TDMprogram shallbe Increase ridesharinganduseof alternativetransportationmodesby employeesandguests WaterThe projectshallbesubjecttothefeesterms andconditions of theAnaheimResortAreaWaterSupplyAssessmentcurrently underpreparation theAPUD WaterRatesRulesand Regulations The developerowner willberequired to payashareof thecost ofthe additionalwatersupplybasedonapercentage ofthe averageday waterdemandimposedbythe proposeddevelopmentcomparedtothe capacityof afuture watersupply facilityegwellMWD connection Thedeveloperowner willbe required topay feesinaccordance with APUDsWaterRatesRulesandRegulationsPart 15E Allnewwaterconnectionsshallbeinstalled and constructed in accordance withthelatest versionofAnaheimWater Services StandardSpecificationsand the applicableSupplements The quantitiesof waterdelivered tothe applicant developershall alsobe subjectto the requirementsof theOrange CountyWater District and theMetropolitan WaterDistrictof SouthernCalifornia 59SCXVI 1 41 Theapplicant developer shallsubmitprojectplans tothe MaintenanceDepartment forreview andapproval toensurethat the planscomplywithAB939theSolid WasteReduction Act of1989 Trafficand Transportation Water Engineering Streetsand Sanitation asadministeredbytheCity ofAnaheim andtheCountyofOrange and Cityof AnaheimIntegrated WasteManagement Plans Priorto finalbuildingand zoninginspection implementationofsaid plan shallcommenceandshallremaininfulleffect Wastemanagement mitigation measuresthatshallbetaken to reducesolidwaste generationincludebutarenotlimitedto ADetailingthelocation anddesignof on siterecycling facilities BProvidingon siterecycling receptaclestoencourage recycling C Complying withall FederalStateandCity regulationfor hazardousmaterial disposal Participating intheCity of AnaheimsRecycleAnaheimprogram orother substitute programasmaybedevelopedbythe City In orderto meettherequirementsof theSolidWasteReduction Act of1989 AB 939theapplicant developershall implement numerous solid waste reduction programsasrequired bythePublic Works Department includingbutnot limitedto Facilitatingpaperrecycling byprovidingchutes orconvenient locations forsorting andrecyclingbins Facilitatingcardboardrecyclingespeciallyinretailareas by providing adequatespaceandcentralized locationsforcollection andbailing Facilitatingglassrecycling especiallyfrom restaurantsby providing adequatespaceforsorting andstoring Providing trashcompactors fornonrecyclable materialswhenever feasibletoreduce the totalvolumeofsolidwasteandthe number of tripsrequired forcollection Prohibiting curbsidepickupMMPNo0085 MM3931MMP No0085aMM9160MMXVI 3 4 Theapplicant developershallsubmit plansshowingthateach structure willcomplywiththeStateEnergyEfficiencyStandards for NonresidentialBuildings Title24Part 6Article2California Code ofRegulationsandwillconsultwiththeCity of AnaheimUtilities DepartmentResourceEfficiencyDivisioninorder toreviewabove Title24 measuresto incorporate intotheproject designincluding energyefficientdesigns 62MMXVI 5 43 Theapplicant developershallinstallanunderground electrical servicefrom thePublicUtilitiesDistributionSystemThe Underground Servicewillbeinstalled inaccordance withtheElectric RulesRatesRegulationsandElectricalSpecificationsfor UndergroundSystemsElectricalServiceFeesandotherapplicable feeswillbeassessed inaccordance withtheElectricRulesRates RegulationsandElectricalSpecificationsforUnderground Systems 64MMXVI7 Resource Efficiency Electrical Engineering 44 Theapplicant developershalldemonstrate on plansthatfuelefficient modelsof gaspowered buildingequipment havebeen incorporated intotheprojectto the extentfeasible66MM XVI9 Building 45 Theapplicantdevelopershall submitplans showingthateach structurewillcomplywiththeStateEnergyEfficiencyStandards for Nonresidential BuildingsTitle24Part 6 Article2 California Code ofRegulations and willconsultwiththe Cityof AnaheimUtilities DepartmentResource EfficiencyDivision inorderto reviewabove Title24 measures toincorporate intothe project designincluding energyefficientdesigns69MM XVI13 Building 46 Theapplicantdevelopershallinstallan undergroundelectrical servicefrom thePublicUtilities Distribution System The UndergroundServicewillbeinstalled inaccordance withtheElectric Rules RatesRegulations andElectrical Specificationsfor UndergroundSystems ElectricalService Feesand otherapplicable feeswillbe assessedinaccordancewiththe Electric Rules Rates Regulations and Electrical SpecificationsforUndergroundSystems 71MMXVI15 Electrical Engineering 47 Theapplicant developershallsubmit evidence thatthetransformers arePCBfree 72MMXVI16 Electrical Engineering 48 49 Theapplicant developer shallsubmitan emergencyfire accessplan totheFireDepartment forreviewandapproval to ensurethatservice tothe siteisinaccordancewithFireDepaitmentServicePrograms Fire Theapplicant developershallcoordinatewiththeElectrical Engineering Divisionto ensurethattherewillbe noconflictswiththe underground electricalsystemsandtoestablish electrical service requirements and obtainelectrical distribution plans Electrical Engineering 50 Plansshall indicatethataboveground utility devicesarelocated on privatepropertyandoutside anyrequiredsetbackareas unless otherwiseallowed bythe CodeTheaboveground utilitydevices shallbespecifically shownon constructionplansinlocations substantiallyinaccordancewiththe approvedFinalSitePlan Landscape andiorhardscape screeningof all padmountedequipment shall berequiredoutside theeasement areaofthe equipment Electrical Engineering 51 Theapplicant developershall coordinateits servicerequirements and relocation issueswiththeCity of AnaheimPublicUtilities Departmentand the otherutilitycompaniesinvolved Electrical Engineering 52 Buildingplansshallshowthattheproperty shallbeserved with underground utilitiesperthe ElectricalRatesRules andRegulations andthe Cityof AnaheimUnderground Policywithinstallationprior tothefirstfinalbuildingand zoning inspection Electrical Engineering 53 Theapplicantdevelopershall demonstrateinthebuildingdesign plans that efficientlightingandlightingcontrol systemswill be utilized inthebuildingstructure In addition the planswill utilize Resource Efficiency natural light daylightasanintegral partof lightingsystems inthe buildings GCC12 54 Theapplicantdevelopershalldemonstrate thatlightcolored cool roofscool pavementsandstrategically placedshadetreeswillbe incorporated intothebuildingplansIn additionthe applicant developershall alsodemonstratethatthehotelroofswill be comprised ofcool roofmaterials withSRImeetingLEED criteria GCC 13 Resource Efficiency 55 Theapplicant developershalldemonstrate thatsolarpowerheating includingautomaticcovers andefficientpumps and motorsfor poolsandspaswillbeutilizedfortheproposed poolandfilter GCC18 Resource Efficiency 56 The applicant developershallsubmitirrigation anddetailed landscape plansthatutilizeefficientlandscapematerials andwater efficientirrigation systemsand devices suchassoilmoisture based irrigation controls forreviewandapproval GCC113GCC 114 Resource Efficiency 57 The applicantdevelopershallbe responsiblefordemonstratingthat theirrigation systemswillbehighefficiencywithminimum spray typedeliverycarefullyplanned andadjusted toapplywateronlyto vegetated areasand tolimitover sprayGCC118GCC 130 Resource Efficiency 58 The applicantdevelopershalldemonstrate thattheyhave incorporatedpublic transit intotheprojectdesign including aloading andstagingarea fortourbusses andthelocaltouristshuttleasshown on thefinal siteplanGCC129 Trafficand Transportation 59 The applicantdevelopershall incorporate thefollowingenergy savingpractices intobuildingplansTheapplicant developershall implement totheextent feasiblethese energysavingpracticesin compliancewithTitle10of theAnaheimMunicipal Codeprior to finalbuilding andzoning inspection a Consultation withthePublicUtilities Departmentenergy conservation expertsforassistance withenergy conservation designfeatures b Useof electricmotorsdesigned toconserveenergy c Useofspecial lightingfixtures such asmotionsensing light switchdevicesandcompactfluorescentfixturesinplaceof incandescent lights d UseofT8lamps andelectronicballastsMetalhalide orhigh pressuresodium foroutdoorlighting Electrical Engineering 60 Prior to issuance ofthefirstfinalsite planthe project applicant developershallprovide fairsharefunding asidentifiedin theproject trafficstudyforfollowingimprovements Manchester Avenue15SouthboundRampsat KatellaAvenue Modifythe existing trafficsignaland install anorthboundright turnoverlapphase withthewestbound leftturn phaseRestripe 63 thenorthboundapproachtohaveoneleftturnlaneand tworight turnlanes AnaheimBoulevard atDisney Way ManchesterAvenue I5 Southbound RampsRestripethe eastboundsharedleftthrough turnlaneonDisney Way toathrough laneModify the traffic signalto remove thesplitphaseinthe eastwestdirectionand provideaprotectedleftturn intheeastbounddirectionThis shallrestore theeastboundandwestbound approachesand phasing toexistingconditions 61 The applicantdevelopershall demonstrate to thesatisfactionof theCity PlanningDirectororhisherdesignee thatthattheLED displaydoesnot causeany significantoffsitelightingspillageon theadjacentproperty to the southand thewest IftheCity PlanningDirector orhisherdesigneedetermines thereis an impact theapplicantdevelopershall be required tocomplywith mitigationslisted beloworwithequivalentmitigationto mitigate the impact 1The applicantdevelopermaybe requiredto dim theoutputofthe LEDdisplayeither automatically photovoltaic sensorormanually to ensureno offsitelightingspillageandor 2Theapplicantidevelopermaybe requiredto adjust theangleof the LEDdisplay inadifferentdirectionsincemostmoderndisplay modules are designedwithlouverlike dividersbetweentherowsofLEDs that helpfocusthelight emissions totheintendedviewersandor 3Theapplicantidevelopermaybe required to applylightingshieldsto limitoffsitespillageto adjacentproperties TheLEDstructurewillberequired to beaffixed tothebuildingina mannerthatis acceptable to thePlanningDepartment Building DivisionStructuralbuildingplanswillberequiredtobe reviewedand approvedbytheCityBuildingOfficial andthePlanningDirector will reviewthefinal location fortheLED display Operationof theLED displaywillnotbepermitteduntiltheCityPlanningDirectorandthe BuildingOfficialgrantsfinal approval andcompletes inspectionof the structure2 NewMM 62 Theapplicant developershallparticipateintheAnaheimAssessment Districtforlandscape installationandmaintenance 6MM3114 Theapplicantdevelopershall submit an earthquakeemergencyresponse planforreviewandapproval The planshallrequire postednotices in hotelroomson earthquake safety proceduresandincorporate ongoing earthquake trainingforhotelstaff24 MM365 Theapplicant developershallsubmit aletterfrom alicensed Landscapearchitectto theCitycertifying thatthelandscape Planning Building Planning Fire Planning installation and irrigationsystemshavebeen installed asspecified in theapprovedlandscaping andirrigation plans32MM VIII4 65 Theapplicant developer shallplace emergencytelephoneservice numbersinprominentlocations asapprovedbytheFireDepartment 47 XIII 8 Fire 1 I ji 66 Theapplicantdeveloper shallimplementenergysavingpracticesin compliancewith Title24 whichmayincludethe following Useof highefficiencyairconditioning systemscontrolledbya computerized managementsystem including features suchasa variableair volume systema100percentoutdoorair economizer cyclesequentialoperationofairconditioning equipmentin accordancewithbuildingdemandsisolation of airconditioningto anyselectedflooror floors Useof electricmotorsdesignedto conserveenergy Useof speciallightingfixtures such asmotionsensinglight switch devices andcompactfluorescent fixturesinplaceof incandescent lights Useof T8lamps andelectronic ballastsMetalhalide orhigh pressure sodiumforoutdoorlightingandparking lots63MM XVI6i Resource Efficiency 67 The SouthernCalifornia GasCompany has developed several programswhichare intended toassist intheselection ofthemost energyefficientwaterheatersandfurnacesTheapplicant developer shallimplementaprogram toreducethedemandon naturalgas supplies65 MMXVI8 Southern CaliforniaGas Company 68 Astudyof areatelevisionreception shallbe undertakenbythe applicantdeveloperandsubmitted totheCityEngineer forreview and approvalIftheCity Engineer determines thattheproposed project createsasignificantimpactonbroadcasttelevisionreception at localresidences andotherexistinghotelsrestaurants orother businessestheapplicant developershallimmediatelyinstallasignal boosterorrelaysystem onthe roofof the tallestproject buildingto restore televisionreceptionto its originalcondition In noeventshall heights setforthinSection 1804035of theAnaheimMunicipal CodeentitledStructural HeightLimitationsAnaheim Commercial Recreation Areabe exceeded 67MMXVI10 PublicWorks Development Services 69 Theapplicant shall DemonstratethatallstructuralBMPsdescribed intheProject SiteSpecific WQMP havebeen constructedandinstalledin conformance withapprovedplansand specifications Submit forreviewandapproval bytheCityanOperationand MaintenancePlanforallstructuralBMPs PublicWorks Development Services 70 Theinstallation ofnew electricalfacilitiessystemsshallbetimedto coincidewiththelevelof developmentthatwould requirethis Electrical Engineering improvement tothesatisfaction of theAnaheim PublicUtilities Department andother utilitycompanies The applicantdevelopershallprovidetheCityof Anaheim witha publicutilitieseasement perfinal electricdesignalongacross high voltage lineslowvoltagelinescrossing private propertyandaround all padmountedtransformersswitchescapacitors etcSaideasement shall be submitted to theCityof Anaheimprior toconnection of electrical service Landscapeandorhardscapescreening of all padmounted equipment shallbe required outsidethe easementareaof theequipment Electrical Engineering 72 3 Theapplicantdeveloper shallprovideevidence thateducational materialincluding thehotelswebsiteandliteraturewillfeature energy conservation strategiesaspart oftheGuestinformation and educationprogram GCC 19 Resource Efficiency Planning Theapplicantdeveloper shallbe providea copyofliteratureand or materials that willbe provided toguestsabout waterconservationand available programsandincentivesieHotelwebsite andliterature willfeaturewater conservationstrategiesas part oftheGuest information andeducation programGCC122 Resource Efficiency Planning 74 Theapplicantdeveloper shalldemonstrate thattheyareproviding interior andexterior storageareasforrecyclables andgreenwasteand adequate recycling containerslocatedinpublicareas The projectwill include waste collectionareas suitableforsorting andstoring recyclable materials Arecycling programwillbecoordinated with the localwastemanagement company torecycleglass metals plasticcardboardandgreen wasteGCC124 Resource Efficiency Streets and Sanitation 5 The applicantdevelopershallenterintoaRight ofWay EncroachmentLicense AgreementwiththeCity forthemaintenance of thewaterfeaturesproposedwithin thepublic right ofway PublicWorks Development Services 76 Theapplicant developer shallsubmitDemolitionandImportExport Plansifdetermined to be necessary bythePublicWorks Engineering DepartmentTheplansshallinclude identification of offsitelocations formaterialsexportedfromtheproject andoptions fordisposal of excessmaterialThese optionsmayincluderecycling of materials onsitesaleto asoilbroker orcontractorsale to aproject inthe vicinityortransportto anenvironmentally clearedlandfill with attemptsmade to move itwithinOrange CountyThe applicant developershalloffer recyclable building materialssuch as asphaltorconcrete forsale orremoval byprivate firmsorpublic agenciesforuseinconstructionof otherprojectsif itcannotbe reused on projectsiteIOMM344 PublicWorks Development Services The applicantdeveloper shall submit to the Public Works DepartmentDevelopmentServicesforreviewandapprovalaWater PublicWorks Development Quality ManagementPlanthat AddressesSiteDesignBest ManagementPracticesBMPs suchasminimizingimpervious areasmaximizing permeability minimizingdirectlyconnectedimpervious areas creating reduced orzero discharge areasandconserving naturalareas Incorporates theapplicable Routine SourceControlBMPsas definedintheDrainageAreaManagement Plan IncorporatesTreatment Control BMPsas definedintheDAMP Describes the longterm operation and maintenance requirementsfortheTreatmentControl BMPs Identifies the entitythatwill be responsibleforlongterm operationandmaintenanceoftheTreatmentControl BMPsand Describes themechanismforfundingthe longterm operation and maintenanceofthe Treatment ControlBMPs Includespublic structuralBMPs toaddress runofffrom public areasassociatedwiththeconstruction of thisprojectwhich havebeen reviewedand approved bytheCitysResort ServicesinPublicWorksOperations andMaintenance DivisionaswellasPublicWorksDevelopmentServices Division 78 Ifthe ornamental treeson theprojectsite areproposedtoberemoved duringthenestingseason February 1 toJune30 aqualified Biologistshall berequired toinspect the trees prior toremoval to ensureno nesting birdsarepresentIf anactivenestispresentthen theBiologist willidentifyappropriateminimization measuresto the satisfactionof theCityof AnaheimPlanningDepaltinentSC IV1 79 Theapplicant developer shallsubmit aletteridentifyingthe certified archaeologistthat hasbeen hiredto ensurethatthe followingactions areimplemented a Thearchaeologist mustbe presentat the pregradingconferencein ordertoestablish proceduresfortemporarilyhalting orredirecting work topermitthe sampling identification and evaluationof artifacts ifpotentially significantartifacts areuncoveredIf artifacts areuncoveredand determined tobesignificantthe archaeologicalobservershall determineappropriate actionsin cooperation withthe applicantdeveloper forexplorationandor salvage oSpecimensthatarecollectedprior to orduringthe gradingprocess willbe donated toanappropriateeducational orresearch institution c Any archaeologicalworkatthesite shallbeconductedunder the directionof thecertified archaeologist Ifanyartifacts are discoveredduring gradingoperationswhen the archaeological monitorisnot presentgradingshallbe diverted aroundthearea untilthemonitorcansurvey the area Services Planning PublicWorks Development Services PublicWorks Development Services dA final reportdetailingthefindings and dispositionof the specimens shallbe submittedto theCityEngineer Upon completion of thegradingthe archaeologist shall notifythe City astowhenthefinalreport willbe submitted 17MM3121 80 Theapplicant developer shallsubmit aletter identifying the certified paleontologist that hasbeen hiredto ensurethat thefollowingactions areimplemented aThepaleontologist mustbepresent at thepregradingconferencein ordertoestablish procedurestotemporarily halt orredirectwork topermitthesampling identificationandevaluation offossilsif potentiallysignificant paleontologicalresourcesareuncoveredIf artifactsareuncovered andfound tobe significantthe paleontological observershalldetermineappropriate actions in cooperationwiththeapplicantdeveloperforexplorationandor salvage b Specimensthatarecollected priortoorduringthe gradingprocess willbe donatedto an appropriateeducational orresearch institution c Any paleontologicalwork atthesiteshallbe conductedunder the directionof thecertified paleontologistIf anyfossilsare discoveredduringgradingoperations when thepaleontological monitoris notpresentgrading shallbedivertedaround thearea untilthemonitorcan surveythearea d Afinal reportdetailingthefindings and dispositionofthe specimens shall besubmitted Upon completionof thegrading the paleontologistshallnotifytheCity astowhenthefinal reportwill be submitted18MM3122 81 Theapplicantdevelopershalldemonstrate onplans submittedfor grading permitsthattheywillimplementmitigationmeasuresto reduceconstructionrelatedair qualityimpactsThesemitigation measuresshallinclude but arenot limitedto a Nolniai wetting procedures atleast twicedailyorotherdust palliativemeasuresshallbe followedduringearthmoving operations to minimizefugitivedustemissionsincompliance withthe CityofAnaheim Municipal Codeincludingapplication of chemicalsoil stabilizersto exposedsoilsafter gradingis completed andreplacing ground coverindisturbedareas as quicklyaspracticable b Enclosing covering wateringtwicedailyorapplyingapproved soil bindersaccordingtomanufacturersspecificationto exposed stock piles c Roadways adjacent to the projectshall be sweptandcleared of any spilledexportmaterialsatleast twiceadaytoassist in minimizingfugitive dustandhaulroutesshallbeclearedas needed ifspillsof materialsexportedfrom theproject site occur PublicWorks Development Services PublicWorks Development Services IdI Where practicableheavydutyconstructionequipment shallbe keptonsitewhennotinoperation tominimizeexhaust emissions associated withvehicles repetitiouslyenteringand exitingthe project site e Trucks importingorexporting soilmaterialandordebrisshall be covered priortoentering publicstreets f Taking preventivemeasures toensurethat trucksdonot carrydirt on tiresonto public streetsincludingtreatingonsiteroadsand stagingareas gPreventingtrucksfrom idlingforlongerthan2minutes 9MM 343 82 Theapplicantdeveloper shallsubmit tothe CityEngineerforreview andapprovalasoils and geological reportforthe area to be graded basedon proposedgradingand prepared byanengineering geologistPPingPPYgggg andgeotechnicalengineerAll grading shallbe inconformancewith Title17ofthe AnaheimMunicipal Code20MM VI 2 PublicWorks Development Services 83 Theapplicant developershallimplementstandardpracticesforall applicablecodesandordinancesto prevent erosionto thesatisfaction of thePublicWorksDepaitinentDevelopmentServices Division 23MMVI5 PublicWorks Development Services 84 Theapplicantdeveloper shallsubmita planforreview andapproval to theHazardous Materials Section of theFireDepaitnientwhich detailsproceduresthatwillbetakenifapreviouslyunknown USTs orotherunknownhazardousmaterial orwaste isdiscovered onsite 26 MMVII 2 Fire 85 Theapplicantdevelopershall provideanAsbestos Identification Surveyto theHazardous MaterialsSection ofthe Cityof Anaheim Fire DepartmentThisSurveyshalldetailproceduresthatwillbe takenifpreviouslyunknown undergroundstorage tanks USTsor otherunknown hazardous materialorwaste isdiscovered 27 AdditionalMMVII 2 Fire I I ii u 86 Theapplicant developershall prepareanErosion andSediment ControlPlan thatwill Requireimplementation of BestManagementPractices BMPs designed witha goalof preventing a netsediment loadincrease in stormwaterdischarges relativeto preconstructionlevels Prohibitduringthe constructionperiod discharges ofstormwater or nonstorm wateratlevelswhichwouldcause or contributetoan exceedanceof applicable water qualitystandardscontained inthe BasinPlan DescribepostconstructionBMPsfortheproject and Explainthemaintenance programfortheprojects BMPs PublicWorks Development Services r I 87 The applicant developershallobtain coverageunder theNPDES Statewide industrialStormwaterPermit forGeneralConstruction PublicWorks Development 88 Activities from the StateWaterResources ControlBoard Evidenceof attainmentshallbe submittedtotheCityEngineer 30 MMVIII 2 Theapplicant developershall submita Master Drainageand Runoff Management Plan MDRMPforreview andapproval bythePublic Works EngineeringDepaitalentDevelopmentServicesDivision and OrangeCountyEnvironmental Management AgencyTheMaster Plan shallincludebutnotbe limitedtothefollowingitems aBackbonestormdrain layout andpipesize including supporting hydrologyand hydrauliccalculations forstormsupto and includingthe 100 yearstorm and bA delineation of the improvements to be implemented forcontrol ofproject generated drainage and runoff34 MMVIII6 89 Theapplicant developershall submitan emergencyfire accessplan to theFireDepartmentforreviewandapproval toensurethat service tothesiteisinaccordance withFireDepartment service requirements 90 TheapplicantdevelopershallparticipateintheCitysMasterPlanof StormDrainsandrelatedInfrastructureImprovement Fee Program to assist inmitigatingexistingandfuturestormdrainagesystem deficienciesas followsMMP No0085a MM131 The applicantdevelopershallsubmitareportforreviewandapproval by theCityEngineer to assist withdeterminingthefollowing If thespecific developmentredevelopmentdoesnot increaseor redirect currentorhistoricstorm waterquantities flowsthen the propertyownersdevelopersresponsibility shall belimitedto participationintheInfrastructureImprovement FeeProgram to providestormdrainagefacilitiesin10and 25 year stormfrequencies and toprotect propertiesstructures fora100 yearstormfrequency Ifthespecific developmentredevelopmentincreasesorredirects the current orhistoricstorm waterquantityflowthenthe applicantdevelopershallbe requiredtoguarantee mitigationto the satisfaction of theCity Engineer andCity AttorneysOffice of the impact priorto approvalof a final subdivisionmap orissuanceof a grading orbuildingpermit whichever occursfirstpursuanttothe improvements identified intheMasterPlanofDrainageforthe South Central Area Theapplicantdevelopershall berequired toinstall the storm drainagefacilities as recommendedbytheMasterPlanof Drainage fortheSouth Central Areato providestormdrainage facilitiesfor10 and 25 yearstorm frequencies andto protect properties structuresfora 100 yearstorm frequency priorto acceptance formaintenanceof publicimprovements bythe Cityor final buildingand zoninginspectionforthebuildingstructure whichever occurs firstAdditionally theapplicantdevelopershall participateintheInfrastructureImprovementFee Programas determined bytheCity Engineerwhichcouldincludefeescredits Services PublicWorks Development Services Fire PublicWorks Development Services reimbursements oracombinationthereof Aspart of guaranteeing the mitigation of impactson thestorm drainagesystem astorm drainagesystemimprovementphasingplanfortheproject shallbe submitted bytheapplicantdeveloper totheCityEngineerforreview andapproval and shallcontain ata minimum1a layout of the completesystem2 allfacility sizesincluding supportcalculations 3constructionphasingand4constructionestimates Note TheCityhas adoptedtheStorm Drain Impactand Improvement FeeProgramfortheSouth CentralCityAreaCompliance withthisFee Programbytheapplicant developerperOrdinanceNo5491 and ResolutionNo95R61 datedApril 181995 shall satisfy the requirements of thismitigation measure68MM XVI12 91 j Norequiredparking areas shall befencedor otherwiseenclosed for outdoorstorageuses Trafficand Transportation 92 Theapplicantdeveloper shallimplementmeasuresto reduceemissions totheextent practicalschedulegoods movements foroffpeaktraffic hoursand usecleanfuel forvehicles andotherequipmentas practicable7MM341 Trafficand Transportation 93 Theapplicantdevelopershall provideforthefollowingcleaningof all pavedareasnot maintainedbytheCityofAnaheim onamonthlybasis including butnot limitedtoprivate streets andparking lotsTheuseof waterto cleanstreetspavedareasparking lotsand other areasand flushingthedebrisand sedimentdownthe storm drainsshallbe prohibited31 MMVII13 Streetsand Sanitation 94 Thesanitarysewerand stormdrainsforthisdevelopment shallbe privatelymaintained exceptthemainlinesewer andstormdrain within thepublic streets PublicWorks Development Services j 1 95 Thatitisthe responsibilityof the OWNERto removeand relocateany trafficsignalpolesandequipment at theintersection ofKatella Avenue andHarbor Boulevardif necessaryattheOWNERS expense PublicWorks Development Services j96 j Theapplicantdevelopershall ensurethat all internalcombustionengines onconstructionequipmentandtrucks arefittedwithproperlymaintained mufflers 37MM2353 Building I Q7 Theapplicantdevelopershall ensure that large bulldozers largeheavy trucks andother similarequipment not be usedwithin20feet ofthe builtoroccupied partsof Islander InnSuitesTheworkshall be done withmediumsizedequipment orsmallerwithinthisdistance 39 Additional MM Planning Building j98 i Ilimonitors Ongoing duringprojectoperation theapplicantdevelopershall provide privatesecurity onthe premises to maintain adequate securityforthe entire projectsubjectto reviewandapproval ofthePolice Department Theuseofsecuritypatrols and electronicsecuritydevicesievideo should beconsideredtoreducethepotential forcriminal activityin thearea 49XIII 10 Police 99 IftheAnaheim PoliceDepartment orAnaheim TrafficManagement CenterTMCpersonnelarerequiredto provide temporarytraffic control servicestheapplicantdevelopershallreimbursetheCity on afair share basisifapplicable forreasonablecostsassociatedwith such services54MM337 100 Thefollowingpractices shallbe implementedduringproject operationsas feasiblebythe applicantdeveloper Usage ofrecycledpaperproducts forstationeryletterheadand packaging Recovery ofmaterialssuchas aluminum andcardboard Collectionof officepaper forrecycling Collection ofpolystyrene foamcups forrecycling Collection of glassplasticskitchengrease laserprintertoner cartridges oil batteriesand scrapmetalforrecycling orrecovery 61 MMXVI 4 101 Theapplicant developer shallbe responsible forensuring thatidling timeislimitedforcommercialvehiclesincludingdeliveryand construction vehicles GCC133 102 Thesubiectproperty shall be developedsubstantiallyinaccordance withplansandspecifications submittedto theCityof Anaheimbythe petitioner and which plansareon filewith the PlanningDepartment marked ExhibitNos1through82 andasconditioned herein 103 That extensionsforfurthertimetocomplete conditionsofapproval maybe grantedinaccordancewithSection1860170of theAnaheim Municipal Code 104 105 That timingforcompliancewithconditionsofapproval maybe amended bythePlanningDirectorupona showingofgood cause provided iequivalent timingisestablishedthatsatisfiesthe original intentandpurposeof theconditionsiithe modificationcomplies withtheAnaheimMunicipal Codeandiiitheapplicant has demonstratedsignificantprogresstoward establishment oftheuseor approveddevelopment Approval of thisapplicationconstitutes approval ofthe proposed request onlyto the extentthatcomplieswiththe AnaheimMunicipal Zoning Codeand anyotherapplicable CityState andFederal regulationsApproval doesnot includeanyactionorfindingsas to complianceorapproval oftherequestregarding anyotherapplicable ordinanceregulationorrequirement Police Trafficand Transportation Resource Efficiency Trafficand Transportation Planning Planning Planning Planning 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. RM-4FOURPLEX TRELIGIOUSUSE RM-4TRIPLEX RM-4FOURPLEX RS-2SINGLE FAMILYRESIDENCE RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4TRIPLEX RM-4TRIPLEX RM-4FOURPLEX RM-4FOURPLEX IINDUSTRIAL RM-4FOURPLEX RM-4FOURPLEX RS-2SINGLE FAMILYRESIDENCE IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL RIVERSIDE (91) FREEWAY RIVERSIDE (91) FREEWAY E MIRALOMA AVEE M IR A LO M A W A Y E T E R R A C E S T N SUNSHINE W AY N SUNKIST WAYE P A R K L N E BA LSAM AVE E RO MN EYA DR N L AWRENCE AVEN EARL CIRE. LA PALMA AVEN. ACACIA STN. BLUE GUM STE . M IR A L O M A A V E N. STATE COLLEGE BLVDE. ORANGETHORPE AVE N. SUNKIST STN. RIO VISTA STE . O R A N G E T H O R P E A V E 2 5 5 0 Ea st Miraloma Way D E V N o. 2012-00022 Subject Property APN: 344-391-02 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 E MIRALOMA AVEE M IR A LO M A W A Y E T E R R A C E S T N SUNSHINE W AY N SUNKIST WAYE P A R K L N E BA LSAM AVE E RO MN EYA DR N L AWRENCE AVEN EARL CIRE. LA PALMA AVEN. ACACIA STN. BLUE GUM STE . M IR A L O M A A V E N. STATE COLLEGE BLVDE. ORANGETHORPE AVE N. SUNKIST STN. RIO VISTA STE . O R A N G E T H O R P E A V E 2 5 5 0 Ea st Miraloma Way D E V N o. 2012-00022 Subject Property APN: 344-391-02 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 Mesa Roofing Corporation 2550 E. Mira Loma Way, Anaheim, Ca 92806 Telephone 714-632-6929, Fax 714-632-2784 License 564151 C-39 rick@mesaroofing.com July 6, 2012 City of Anaheim Anaheim Planning Commission 200 S. Anaheim Blvd Anaheim, Ca 92805 Attn: Vanessa Norwood Re: CUP No #2012-05595 I am requesting that this request be withdrawn from the Planning Commission public hearing on July 16, 2012. Sincerely, Mesa Roofing Corporation Richard Marion Richard Marion V.P. - OWNER 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. SP 94-1DA1AUTO REPAIR/SERVICE SP 94-1DA1OIL WELLS/TANKS DA1RAILROADSP 94-1DA1AUTO DEALERSHIP SP 94-1DA5OFFICES SP 94-1DA1RETAILSP 94-1DA1INDUSTRIAL SP 94-1DA1INDUSTRIALSP 94-1DA1RETAIL SP 94-1DA5AUTO REPAIR/SERVICE SP 94-1DA1AUTO DEALERSHIP IORANGE COUNTYWATER DISTRICTANAHEIM LAKE C I T Y O F P L A C E N T I ACITY O F P L A C E N T I A C I T Y O F A N A H E I MCITY O F A N A H E I M SP 94-1DA1OFFICES N TUSTIN AVEN JEFFERSON STE MIR ALOMA AVE E O R A N G E THORPE AVE E . M IR A L O M A A V E E. L A P A LMA AVE E. ORANGETHORPE AVE N. MI LLER STN. T US TIN A V E S. RICHFIELD RD1 4 8 0 North Tus tin Aven ue D E V N o. 2012-00061 Subject Property APN: 345-161-24 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 N TUSTIN AVEN JEFFERSON STE MIR ALOMA AVE E ORANGETHORPE AVE E . M IR A L O M A A V E E. L A P A LMA AVE E. ORANGETHORPE AVE N. MI LLER STN. T US TIN A V E S. RICHFIELD RD1 4 8 0 North Tus tin Aven ue D E V N o. 2012-00061 Subject Property APN: 345-161-24 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 REVISED (Page 5, Exhibit “A”) [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY-APPROVED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2012-05611 AND VARIANCE NO. 2012-04898 (DEV2012-00061) (1480 NORTH TUSTIN AVENUE) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission") did receive a verified Petition for Conditional Use Permit No. 2012-05611 and Variance No. 2012-04898 to expand an existing automobile auction facility with a fence higher than permitted by code within the front setback area and less front yard landscaping than permitted by code, for that certain real property located at 1480 North Tustin Avenue in the City of Anaheim, County of Orange, State Of California, as more particularly shown in Exhibit “A”, attached hereto and incorporated herein by this reference (the "subject property"); and WHEREAS, the 1.78-acre Project site is developed with a vacant industrial building to be demolished and is located in the Northeast Area Specific Plan. The subject property together with the main 36-acre main Manheim Auto Auction facility comprises a total of 37.87 acres. The Anaheim General Plan designates this property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 16, 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 “Procedures”, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; 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 the following conditional use permit and variance to permit an automobile auction facility with a fence higher than permitted by code within the front setback area and less front yard landscaping than permitted by code, does find and determine the following facts: 1. The proposed request to permit the expansion of an automobile auction facility in the Northeast Area Specific Plan, Development Area 1 is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.120.050.050.0547 (Vehicle Sales Agencies and Lots). 2. The proposed conditional use permit to permit the expansion of an automobile auction facility, 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 staging/unloading area is intended to replace an existing staging/unloading area and inventory spaces that were removed to accommodate the Tustin Avenue grade separation project and the proposed surface staging/unloading area does not preclude future development of the property. - 2 - PC2012-*** 3. The size and shape of the site for the use is adequate to allow the full development of the proposed staging/unloading area in a manner not detrimental to the particular area or to the health and safety because the staging/unloading area and is designed to take advantage of access from the main Auction facility and is designed in a manner that will allow safe and efficient vehicular circulation during the interim grade separation improvements and under the ultimate permanent scenario and is compatible with the design of the current auto auction operations. 4. The staging/unloading area will not generate additional traffic that could cause an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the staging/unloading area is intended to replace a lost staging/unloading area at the adjacent site and inventory spaces due to the relocation of parking spaces that previously served customers of the auto auction facility and will not generate any additional traffic trips. 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 staging/unloading area will be compatible with the surrounding area because the use is integrated with the adjacent site and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request to permit a fence higher than permitted by code within the front setback area and less front yard landscaping than permitted by code should be approved for the following reasons: (a) SECTION NO. 18.46.110.030 Maximum fence height in front setback. (3 feet maximum permitted; 8 feet proposed) (b) SECTION NO. 18.120.090.0902 (b) Minimum front landscaped setback. (10 feet required 10; 0 feet proposed) 1. That there are special circumstances applicable to the property, including size, shape, location and surroundings, which do not apply to other property under identical zoning classification in the vicinity that result in limited and inefficient use of the property if it were developed in conformance with development standards. The property which is located immediately adjacent to the grade separation project will no longer have street front and access from Tustin Avenue. The loss of access to the site will limit the efficiency of site, rendering it appropriate for use by the adjacent auto auction facility, and the location of the staging/unloading surface area adjacent to Tustin Avenue overpass presents a unique situation where a landscape setback is unnecessary due to the grade difference between the staging/unloading area and the Tustin Avenue overpass bridge. Further, since for all intents and purposes, the site will no longer have a street frontage due to the grade separation improvement will serve more as side/rear yard, therefore it is appropriate to permit the fence exceeding maximum height permitted by the Code to 8 feet. 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. - 3 - PC2012-*** NOW, THEREFORE, BE IT RESOLVED, the Planning Commission has reviewed the proposal and does hereby determine that a previously-approved negative declaration is the appropriate environmental documentation. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012-05611 and Variance No. 2012-04898, subject to the conditions of approval as stated in Exhibit “B” attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject 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 Anaheim Municipal 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 Anaheim Municipal 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 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. 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. - 4 - PC2012-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 16, 2012. 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. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior 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 July 16, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of July, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** - 6 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2012-05611 AND VARIANCE NO. 2012-04898 (DEV2012-00061) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. Water Utilities 2 That the developer/owner shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Water Utilities 3 That water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and the City Attorney shall be posted with the City of Anaheim. Water Utilities 4 The legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department. A Certificate of Compliance shall be submitted for approval by the City Surveyor and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. Public Works, Development Services 5 The legal property owner shall submit an application to the Public Works Department for the dedication to the City of Anaheim of the relinquishment of access rights to Tustin Avenue. The dedication shall be submitted for approval by the City and recorded in the Office of the Orange County Recorder prior to issuance of a building permit Public Works, Real Property Services 6 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets. Public Works, Planning 7 Emergency vehicular access shall be provided and maintained in accordance with Fire Department Specifications and Requirements. Fire Department GENERAL 8 All new and relocated parking areas shall be re-striped per City standards to replace the parking spaces lost to the proposed OCTA project. All parking space dimensions and access ways shall be in accordance with City Standard Detail No. 470. Disabled parking spaces shall be provided in accordance with the Americans with Disabilities Act and City Standard Detail No. 436-G. Planning - 7 - PC2012-*** 9 All existing fencing at 1480 North Tustin Avenue shall be replaced with new chain-link fencing and shall incorporate PVC slats to screen the vehicle staging area from view. Planning 10 A minimum 10 foot wide landscaped setback must be maintained along the full length of the Tustin Avenue grade separation improvement easement area under the “ultimate site plan” scenario per Section 18.120.090.0902 of the Anaheim Municipal Code, except as approved by this variance request. Planning 11 The new 8 foot high chain-link fence and gates shall only be permitted within the front setback of the 1480 North Tustin Avenue site. Revised plans shall be submitted to staff reflecting the revised chain-link fence location. Planning 12 Lighting for this facility shall be designed and positioned in a manner so as not to unreasonably illuminate or cause glare onto adjacent or nearby streets and/or properties. Lighting shall match lighting at main facility. Planning 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. Code Enforcement 14 The transformer and meter associated with the existing 12KV overhead and underground distribution lines on the west side of the property must be relocated. Relocation plans shall be prepared and the new location of transformer and meter panel shall be established per the direction of Utilities staff. Electrical Utilities 15 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 marked Exhibit Nos. 1 through 5 (Site Plans), and as conditioned herein. Planning ATTACHMENT NO. 3 ATTACHMENT NO. 4 CALIFORNIA AUTODEALERS EXCHANGE©VICINITY MAP NOT TO SCALE PROJECT LOCATION ATTACHMENT NO. 5 O.C.F.C.D.. ATWOOD CHANNEL SCALE FEET 0 30 60 NORTH CALIFORNIA AUTODEALERS EXCHANGE© O.C.F.C.D.. ATWOOD CHANNEL SCALE FEET 0 30 60 NORTH CALIFORNIA AUTODEALERS EXCHANGE© SCALE FEET 0 80 160 NORTH CALIFORNIA AUTODEALERS EXCHANGE© SCALE FEET 0 80 160 NORTH CALIFORNIA AUTODEALERS EXCHANGE© CALIFORNIA AUTODEALERS EXCHANGE©SCALE FEET 0 50 100 NORTH 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. IOFFICES IMEDICAL OFFICE RM-4MAGNOLIA PLAZAAPARTMENTS84 DU IVOCATIONALSCHOOL C-GSERVICE STATION IINDUSTRIAL C-GRESTAURANT RM-4DE ANZA PLAZAAPARTMENTS55 DU IRETAIL C-GSERVICESTATION IINDUSTRIAL ISERVICESTATION C-GRESTAURANT IOFFICES IMEDICAL OFFICE C-GOFFICES IBUSINESSPARK IBUSINESS PARK IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IOFFICES W LA PAL MA AVEN MAGNOLIA AVEW WOOD LA ND DR N ELECTRIC WAYN HUBBELL WAYW V IA PAL M A W. LA PALMA AVE W. CRESCENT AVE N. MAGNOLIA AVEN. BROOKHURST STN. DALE AVE. CRESCENT AVE 2 5 5 7 Wes t Wood land Drive D E V N o. 2012-00063 Subject Property APN: 071-531-07 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 W LA PAL MA AVEN MAGNOLIA AVEW WOOD LA ND DR N ELECTRIC WAYN HUBBELL WAYW V IA PAL M A W. LA PALMA AVE W. CRESCENT AVE N. MAGNOLIA AVEN. BROOKHURST STN. DALE AVE. CRESCENT AVE 2 5 5 7 Wes t Wood land Drive D E V N o. 2012-00063 Subject Property APN: 071-531-07 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2012-05613 (DEV2012-00063) (2557 WEST WOODLAND DRIVE) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission") did receive a verified Petition for Conditional Use Permit No. 2012- 05613, pursuant to Section 18.60.190 of the Anaheim Municipal Code, to permit an adult day care facility within an existing industrial building for certain real property located at 2557 West Woodland Drive in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A (the “Property”); and WHEREAS, the Property is currently developed with a 4,957 square foot industrial building; the zoning is Industrial (I); and the Anaheim General Plan designates the Property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 16, 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 Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2012-05604, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Conditional Use Permit No. 2012-05613, does find and determine the following facts: 1. The request to allow the proposed adult day care facility is properly one for which a conditional use permit is authorized under Section 18.10.030.010 (Day Care Centers) of the Anaheim Municipal Code. 2. The request to allow the proposed adult day care facility would not adversely affect the surrounding land uses and the growth and development of the area because the use would be compatible with the surrounding commercial and industrial uses and all activities will occur inside the building. 3. The size and shape of the Property is adequate to allow the full operation of the existing and proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because sufficient parking will be provided to accommodate the adult day care facility. - 2 - PC2012-*** 4. The traffic generated by the business would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with typical industrial businesses that would be permitted as a matter of right within the Industrial zone. 5. Granting Conditional Use Permit No. 2012-05613 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012-05613, including, specifically, 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 the conditions of approval set forth in Exhibit B hereto may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2012-05613 is approved without limitations on the duration of the use. 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 approval of Conditional Use Permit No. 2012-05613 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. 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. - 3 - PC2012-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 16 , 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Zoning Provisions - General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior 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 July 16, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of July, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-*** - 5 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2012-05613 (DEV2012-00063) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Planning 2 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. Code Enforcement 3 A building permit shall be obtained from the Building Division to permit a change in occupancy per California Building Code, Chapter 34 requirements. All required improvements shall be completed prior to the establishment of the use. Associated building plans shall be prepared by a California Licensed Architect. Building 4 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 marked Exhibit Nos. 1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. Planning ATTACHMENT NO. 3 ATTACHMENT NO. 4 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.