Resolution-PC 2012-072RESOLUTION NO. PC2012 -072
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2011- 05550,
FINAL SITE PLAN NO. 2011-00001 AND
VARIANCE NO. 2012 -04914 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2011- 00011)
(1640 -1650 SOUTH HARBOR BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commnission") did receive a verified Petition for Conditional Use Permit No. 2011-
05550, Final Site Plan No. 2011 -00001 and Variance No. 2012 -04914 to demolish 24 existing
motel rooms and construct 37 new motel rooms including the addition of approximately 800
square feet of retail space (the "Project') with a variance from interior setback requirements and
fewer parking spaces than required by the Anaheim Municipal Code (herein referred to as the
"Code ") for certain real property located at 1640 -1650 South Harbor Boulevard in the City of
Anaheim, County of Orange, State of California, as more particularly described on Exhibit A
attached hereto and incorporated herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 3.46- acres, is developed with the
Ramada Maingate Hotel. The Property is located in the SP92 -2 Anaheim Resort Specific Plan
Zone. The Anaheim General Plan designates the Property for Commercial Recreation land uses;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 8, 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
Code, to hear and consider evidence for and against said proposed conditional use pemlit to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, a Mitigated Negative Declaration ( "MND ") was prepared to evaluate the
physical environmental impacts of the Project in conformance with the provisions of the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein
referred to as "CEQA ") pursuant to State CEQA Guidelines Section 15070.. The MND finds that
the project will have less than significant impacts to the environment, with the implementation of
mitigation measures; and
WHEREAS, the MND was circulated for a 20 -day public review period from September
6, 2012, through September 26, 2012; and
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
has reviewed and considered the MND and associated Mitigation Monitoring and Reporting
Program No. 0085c ( "MMP "), together with written comment letters (if any) received during the
CEQA public review period along with any testimony received at the public hearing and, in
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accordance with the requirements of CEQA, finds and determines that, with the imposition of
identified mitigation measures, the Project will not result in significant impacts to the
environment; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request to permit the Project on the Property does find and
determine the following facts:
1. The proposed use is properly one for which a conditional use permit is authorized by
the Anaheim Resort Specific Plan (SP92 -2), subject to the approval of Variance No. 2012 -04914
and the conditions of approval.
2. The proposed use will not adversely affect the adjoining land uses, or the growth and
development of the area in which it is proposed to be located because the expansion of the
existing hotel will not create any additional impacts to the surrounding properties.
3. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular area or
health and safety because the expansion incremental and is similar to the existing building
footprint.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the
incremental increase of 13 hotel rooms and 800 square feet of retail space is not significant
enough to create a noticeable increase in traffic.
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 because the project is
an expansion of an existing hotel and Mitigated Negative Declaration has been prepared which
evaluated and provided mitigation for any potential impacts.
6. That the request to construct the Project complies with the Anaheim Resort Specific
Plan (SP92 -2), subject to the approval of Variance No. 2012 -04890 and the conditions of
approval.
7. The design and layout of the proposed Project will not interfere with the use and
enjoyment of neighboring existing or future developments, and will not create traffic or
pedestrian hazards.
8. The architectural design of the proposed Project is compatible with the character of
the surrounding hotels and development located within the land area of the Anaheim Resort
Specific Plan.
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9. The design of the proposed Project will provide a desirable environment for its
occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture
and color, and will remain aesthetically appealing and be appropriately maintained.
10. The proposed Project will not be detrimental to the public health, safety or welfare, or
materially injurious to the properties or improvements in the vicinity of the proposed Project.
WEMIZEAS, the Planning Commission does further find and determine that the variance
request from setback requirements and fewer parking spaces than required by the Code should be
approved for the following reasons:
(a) SECTION NO. 18.116.090.040 Minimum building setbacks
(10 feet required; 2 feet proposed)
(b) SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(230 spaces required; 189 spaces proposed)
1. That the variance, under the conditions imposed, if any, will not cause fewer off -
street parking spaces to be provided for the proposed use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonably
foreseeable conditions of operation of such use because a parking study was submitted by the
applicant determining that the proposed number of parking spaces for the project is sufficient to
accommodate the hotel property. The parking study indicates that 191 parking spaces will be
required by the hotel during the peak demand hours based on observations at the hotel and that a
parking management plan is required and included in the conditions of approval to accommodate
the deficiency of two parking spaces during this peak demand period;
2. That 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 will adequately accommodate the parking demands
of the existing hotel;
3. That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use because the on -site parking will adequately accommodate the parking demands of
the hotel;
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off- street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the Property and are designed to allow
for adequate on -site circulation; and
5. That the variance, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use because the project site has existing ingress or egress access points that are
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designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the hotel
uses.
6. That there are special circumstances applicable to the Property, including size,
shape, location and surroundings, which do not apply to other property under the identical zoning
classification in the vicinity of the proposed Project that result in limited and inefficient use of
the Property if it were developed in conformance with development standards. The Property is
comprised of two substandard parcels that have lot widths that are significantly less than the
Code required width.
7. That, because of these special circumstances, strict application of the Zoning
Code deprives the Property of privileges enjoyed by other property under the identical zoning
classification in the vicinity as there are many hotels in the vicinity that are developed with
buildings located in the interior setback area.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Anaheim as follows:
1. The Planning Commission hereby approves and adopts the MND and the MMP
in the form presented at this meeting.
2. The Planning Commission does hereby approve Conditional Use Permit No.
2011 - 05550, Final Site Plan No. 2011 -00001 and Variance No. 2012 - 04914, 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
Property in order to preserve the health, safety and general welfare of the citizens of the City of
Anaheim. Extensions for further time to complete conditions of approval may be granted in
accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of
approval may be amended by the Planning Director upon a showing of good cause provided (i)
equivalent timing is established that satisfies the original intent and purpose of the conditions,
(ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
3. Any amendment, modification or revocation of this permit may be processed in
accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -
Initiated Revocation or Modification of Permits) of the Code.
4. The 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 of 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.
5. Approval of this application constitutes approval of the proposed request only to
the extent that it complies with the Zoning Code of the City of Anaheim and any other applicable
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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.
6. The applicant is responsible for paying all charges related to the processing of this
discretionary case application within 15 days of the issuance of the final invoice. Failure to pay
all charges shall result in the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 8, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of
the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in
the event of an appeal.
ft — Roc"
CHAIR, ANAHEIM CITY PLAT G COMMISSION
ATTEST:
SENIOR VeRETARY, 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 October 8, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 8 day of October, 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2011 -00011
APN: 082 - 211 -08
082 - 211 -09
603'
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N
m
600'
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W DISNEY WAY
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! Source: Recorded Tract Maps City GIS.
two to
Please note the accuracy is +/- two to five feet.
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IWV911t3fll W(W
CONDITIONAL USE PERMIT NO. 2011-05550
FINAL SITE PLAN NO. 2011-00001
AND VARIANCE NO. 2012-04914
(DEV2011- 00011)
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CONDITIONS OF APPROVAL
(NOTE: Mitigation Measures ( "MM "), Project Design Features ( "PDF") and
RESPONSIBLE
NO.
Standard Conditions ( "SC ") from Mitigation Monitoring Program No. 0085c are
incorporated into these conditions of approval and are identified by the
MONITORING
mitigation measure number below applicable condition numbers.)
PRIOR TO ISSUANCE OF GRADING PERMITS
1
Prior to approval of each grading plan (for Import/Export plan) and prior to
Planning
issuance of demolition permit (for Demolition Plan the property
Department,
owner /developer shall submit Demolition and Import/Export plans. The plans
Building
shall include identification of offsite locations for materials exported from the
Division
project and options for disposal of excess materials. These options may include
recycling of materials onsite, sale to a soil broker or contractor, sale to a project
in the vicinity or transport to an environmentally cleared landfill, with attempts
made to move it within Orange County. The property owner /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 not all can be reused on project site. MM III -4
2
Prior to and ongoing during grading and construction, the City shall ensure that
Planning
ornamental shrub and tree removal shall be conducted outside the nesting
Department,
bird/raptor season (March 15 to September 15 for nesting birds; February 1 to
Planning
June 30 for nesting raptors), to the extent practicable. If construction or
Services Division
vegetation removal would occur between February I and September 15, the
Project Applicant shall conduct a pre - construction survey for active bird /raptor
nests within three days prior to commencement of construction
activities /vegetation removal. Should an active nest be identified, restrictions
may be placed on construction activities in the vicinity of the nest observed until
the nest is no longer active as determined by a qualified Biologist. The size of
the protective buffer will be determined by the Biologist based on the location of
the nest; the type of construction activities; the existing human activity in the
vicinity of the nest; and the sensitivity of the nesting species. Once the nest is no
longer active, construction can proceed within the buffer zone. MM N -1
3
The property owner /developer shall submit a letter to the Planning Department,
Planning
Planning Division, identifying the certified archaeologist that has been hired to
Department,
ensure that the following actions are implemented:
Building
a. The archaeologist must be present at the pregrading conference in order to
Division
establish procedures for temporarily halting or redirecting work to permit
the sampling, identification, and evaluation of artifacts if potentially
significant artifacts are uncovered. If artifacts are uncovered and
determined to be significant, the archaeological observer shall determine
appropriate actions in cooperation with the property owner /developer for
exploration and/or salvage.
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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 to when the final report will be
submitted MM V -1
4
The property owner /developer shall submit a letter to the Planning Department,
Planning
Building Division, identifying the certified paleontologist that has been hired to
Department,
ensure that the following actions are implemented:
Building
a. The paleontologist must be present at the pregrading conference in order
Division
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 property owner /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 MM V -2
5
The property owner /developer shall submit to the City Engineer for review and
Planning
approval, a soils and geological report for the area to be graded, based on
Department,
proposed grading and prepared by an engineering geologist and geotechnical
Building
engineer. All grading shall be in conformance with Title 17 of the Anaheim
Division
Municipal Code. MM VI -2
6
The property owner /developer shall submit a plan for review and approval to the
Fire Department
Environmental Protection 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. MM VII-2
7
The property owner /developer shall ensure compliance with all recommended
Planning
structural and non - structural Best Management Practices identified in the Water
Department,
Quality Management Plan. MM VIII -1
Building
Division
8
The property owner /developer shall obtain coverage under the NPDES Statewide
Planning
Industrial Stormwater Permit for General Construction Activities from the State
Department,
Water Resources Control Board. Evidence of attainment shall be submitted to the
Planning
City Engineer. MM MM VIII -2
Division
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9
The property owner /developer shall submit a Master Drainage and Runoff
Planning
Management Plan (MDRMP) for review and approval by the Public
Department,
Works/Engineering Department, Development Services Division, and Orange
Building
County Environmental Management Agency. The Master Plan shall include, but
Division; Public
not be limited to, the following items:
Works/Engineeri
a. Backbone storm drain layout and pipe size, including supporting
ng Department,
hydrology and hydraulic calculations for storms up to and including the
Development
100 -year storm; and,
Division
b. A delineation of the improvements to be implemented for control of
project - generated drainage and runoff. MM VIII -6
10
The property owner /developer shall submit grading and construction plans to the
Planning
Building Division incorporating the following conditions:
Department,
a. Contractors shall schedule construction activities to avoid
Building
simultaneous use of several pieces of high noise level - emitting
Division
equipment, to the extent practicable.
b. Construction equipment shall be fitted with manufacturer's
standard (or better) noise shielding and muffling devices to reduce noise
levels to the maximum extent feasible.
C. Equipment maintenance and staging areas should be located as far
away from local residences and hotel uses as feasible. MM XII -3
11
The property owner /developer shall submit grading plans to the City of Anaheim
Planning
Building Division that prohibit the use of large bulldozers and large loaded trucks
Department,
within 45 feet of normally occupied buildings. MM XII -4
Building
Division
12
The projects shall be required to comply with requirements in effect at the time
Planning
building permits are issued (i.e., impact fees, etc.) MM XIV -1
Department,
Building
Division
13
The property owner /developer shall submit an emergency fire access plan to the
Fire Department
Fire Department for review and approval to ensure that service to the site is in
accordance with Fire Department service requirements. MM XPJ -3
14
The Property Owner/Developer shall comply with Rule 15E of the Public Utilities
Public Utilities
Department Water Rates, Rules, and Regulations. Rule 15E shall be amended to
Department,
include:
Water
(1) Installation of a 16 -inch pipe in Harbor Boulevard from
Engineering
Orangewood Avenue to Chapman Avenue; and
Division
(2) Provision for a new well to be constructed near the intersection of
Haster Street and orangewood Avenue.
Note: To implement this mitigation measure, the City has adopted the Anaheim
Resort Water Facilities Fee Program (Rule 15E of the Water Rates, Rules and
Regulations). Compliance with this Fee Program by the property owner /developer
(per Resolution No. 95R -140, effective September 1, 1995) shall satisfy the
requirement of this Mitigation Measure, or the City may enter into alternative
financing arrangements). MM XVII -3
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15
The property owner /developer shall participate in the City's Master
Public Works
Plan of Sewers and related Infrastructure Improvement (Fee) Program
Department,
to assist in mitigating existing and future sanitary sewer system deficiencies as
Development
follows:
Services Division
The property owner /developer shall submit a report for review and approval of
the City Engineer to assist in determining the following:
a. If the development/redevelopment (1) does not discharge into a
sewer system that is currently deficient or will become deficient
because of that discharge and/or (2) does not increase flows or
change points of discharge, then the property owner's /developer's
responsibility shall be limited to participation in the Infrastructure
Improvement (Fee) Program.
If the development/redevelopment (1) discharges into a sewer system that is
currently deficient or will become deficient because of that discharge and/or (2)
increases flows or changes points of discharge, then the property
owner /developer shall be required to guarantee mitigation to the satisfaction of
the City Engineer and the 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 South Central Area
Sewer Deficiency Study. The property owner /developer shall be required to
install the sanitary sewer facilities, as recommended by the South Central Area
Sewer Deficiency Study, prior to acceptance for maintenance of public
improvements by the City or final building and zoning inspections for the
building/structure, whichever comes first. Additionally, the property
owner /developer shall participate in the Infrastructure Improvement (Fee)
Program, as determined by the City Engineer, which may include fees, credits,
reimbursements, or a combination thereof. As part of guaranteeing the
mitigation of impacts for the sanitary sewer system, the property
owner /developer shall submit a sanitary sewer system improvement phasing
plan for the project to the City Engineer for review and approval which 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. The study shall determine the impact of the project sewer flows for
total build out of the project and identify local deficiencies for each project
component (i.e., each hotel). MM XVII-6
16
The property owner /developer shall participate in the City's Master Plan of
Public Works
Storm Drains and related Infrastructure Improvement (Fee) Program to assist in
Department,
mitigating existing and future storm drainage system deficiencies as follows:
Development
The property owner /developer shall submit a report for review and approval by
Services Division
the City Engineer to assist with determining the following:
A. If the specific development/redevelopment does not increase or
redirect current or historic storm water quantities /flow, 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.
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B. If the specific development/redevelopment increases or redirects the
current or historic storm water quantity /flow, then the property
owner /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 property owner /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 property owner /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 property owner /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.
MM XVII -11
(Note: The City has adopted the Storm Drain Impact and Improvement Fee
Program for the South Central City Area. Compliance with this Fee Program by
the Property Owner/Developer [per Ordinance No. 5491 and Resolution
No. 95R -61 dated April 18, 1995] shall satisfy the requirements of this
mitigation measure.)
17
Prior to approval of each grading plan (for Import/Export plan) and prior to
Planning
issuance of demolition permit (for Demolition Plan), the property
Department,
owner /developer shall submit Demolition and Import/Export plans. The plans
Building
shall include identification of offsite locations for materials exported from the
Division
project and options for disposal of excess materials. These options may include
recycling of materials onsite, sale to a soil broker or contractor, sale to a project
in the vicinity or transport to an environmentally cleared landfill, with attempts
made to move it within Orange County. The property owner /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 not all can be reused on project site. MM III -4
PRIOR TO ISSUANCE OF BUILDING PERMITS
18
Prior to issuance of a building permit, the property owner shall irrevocably offer
Public Works,
to dedicate to the City of Anaheim an easement 72- feet in width (12 -feet total
Development
dedication from existing r /w) from the centerline of Harbor Blvd for landscape
Services
and irrigation improvements as required per the Anaheim Resort Specific Plan.
19
The developer shall submit street improvement plans to improve Harbor Blvd per
Public Works,
The Anaheim Resort standards, including storm drain improvements, planting and
Development
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irrigation for the public parkway to the Public Works Department, Development
Services
Services Division. The parkway landscaping strips, 8 feet behind curb and 8 feet
behind sidewalk, shall be constructed with the irrigation connected to the City
system, and maintained by City Resort Services Division. Prior to issuance of a
building permit, the developer shall submit a bond to guarantee that the
improvements are constructed prior to final building and zoning inspection.
20
Prior to the issuance of a building permit for the project, the owner /developer
Planning
shall obtain and deliver to the City a Covenant and Agreement to Hold Property
Department,
as One Parcel for Building Requirements in a form acceptable to the City
Building
Attorney, which Covenant and Agreement shall be executed in recordable form
Division.
by all owners of the subject property (1640 -1650 South Harbor Blvd.).
21
The property owner /developer shall submit plans which illustrate that all
Planning
mechanical equipment and trash areas for the subject building(s) will be screened
Department,
from adjacent public streets and adjacent residential areas. Screening shall be
Planning
installed prior to final building and zoning inspection. MM I -1
Services Division
22
The property owner /developer shall submit a landscape and irrigation plan which
Planning
shall be prepared and certified by a licensed landscape architect. The landscape
Department,
plan shall include a phasing plan for the installation and maintenance of
Planning
landscaping associated with that building permit and shall be in conformance with
Services Division
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 over - watering is minimized.
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. MM I -2
23
The property owner /developer shall submit evidence that low emission paints
Planning
and coatings are utilized in the design and construction of buildings, in
Department,
compliance with SCAQMD regulations. This information shall be denoted on the
Building
project plans and specifications. The property owner /developer shall also
Division
implement the following to limit emission from architectural coatings and
asphalt usage:
A. Use nonsolvent -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. MM III -2
24
The property owner /developer shall comply with all SCAQMD offset regulations
South Coast Air
and implementation of Best Available Control Technology (BACT) and Best
Quality
Available Retrofit Control Technology (BARCT) for any new or modified
Management
stationary source. Copies of permits shall be given to the Planning Department.
District (for
MM III -5
permit issuance);
Planning
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Department,
Planning
Services Division
(for verification
of permit
application and
receipt)
25
The property owner /developer shall implement, and demonstrate to the City,
Public Utilities
measures that are being taken to reduce operation - related air quality impacts.
Department,
The measures may include, but not limited to the following:
Electric Services
A. Improve thermal integrity of structures and reduced thermal load through
Administration,
Resource
use of automated time clocks or occupant sensors.
Efficiency
B. Incorporate efficient heating and other appliances.
C. Incorporate energy conservation measures in site orientation and in
building design, such as appropriate passive solar design.
D. Use drought - resistant landscaping wherever feasible to reduce energy
used in pumping and transporting water.
E. To the extent feasible, provide daycare opportunities for employees or
participate in a joint development daycare center. MMM III -6
26
Implementation of energy conservation techniques (i.e., installation of energy
Public Utilities
saving devices, construction of electrical vehicle charging stations, use of
Department,
sunlight filtering window coatings or double -paned windows, utilization of
Electric Services
light- colored roofing materials as opposed to dark- colored roofing materials,
Administration,
and placement of shady trees next to habitable structures) shall be indicated on
Resource
plans. MM III -7
Efficiency
27
The property owner /developer shall submit plans showing that the proposed
Planning
structure has been analyzed for earthquake loading and designed according to the
Department,
most recent seismic standards in the Uniform Building Code adopted by the City
Building
of Anaheim. MM VI -1
Division
28
The property owner /developer shall submit for review and approval, detailed
Planning
foundation design information for the subject building(s), prepared by a civil
Department,
engineer, based on recommendations by a geotechnical engineer. MM VI -3
Building
Division
29
The property owner /developer shall submit a report prepared by a geotechnical
Planning
engineer for review and approval which shall investigate the subject foundation
Department,
excavations to determine if soft layers are present immediately beneath the
Building
footing site and to ensure that compressibility does not underlie the footing.
Division
30
On -site fire hydrants shall be installed and charged by the property
Fire Department
owner /developer as required and approved by the Fire Department. MM XIV -2
31
Plans shall indicate that all buildings shall have sprinklers installed by the
Planning
property owner /developer in accordance with Anaheim Municipal Code. Said
Department,
sprinklers shall be installed prior to each final building and zoning inspection.
Building
MIV -4
Division; Fire
Department
32
Plans shall be submitted to ensure that development is in accordance with the
Planning
City of Anaheim Fire Department Standards, including:
Department,
A. Overhead clearance shall not be less than 14 feet for the full width of
Building
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access roads.
Division; Fire
B. Adequate off -site public fire hydrants contiguous to the Specific Plan
Department
Area and onsite private fire hydrants shall be provided by the property
owner /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. MM XN -5.
33
The property owner /developer shall submit a Construction Fire Protection Plan to
Planning
the Fire Department for review and approval detailing accessibility of emergency
Department,
fire equipment, fire hydrant location, and any other construction features required
Building
by the Fire Marshal. The property owner /developer shall be responsible for
Division; Fire
securing facilities acceptable to the Fire Department and hydrants shall be
Department
operational with required fire flow. MM XIV -6
34
All water supply planning for the project will be closely coordinated with, and be
Public Utilities
subject to the review and final approval of, the Public Utilities Department, Water
Department,
Engineering Division and Fire Department. MM XVII -4
Water
Engineering, Fire
Department
35
Water pressure greater than 80 pounds per square inch (psi) shall be reduced to 80
Public Utilities
psi or less by means of pressure reducing valves installed at the property
Department,
owner /developer's service. MM XVII-5
Water
Engineering, Fire
Department
36
Prior to issuance of each building permit (to be implemented prior to final
Public Utilities
building and zoning inspections, and continuing on an on -going basis during
Department,
project operation)The property owner/ developer shall submit to the Public
Water
Utilities Department plans for review and approval which shall ensure that
Engineering
water conservation measures are incorporated. Among the water conservation
Division
measures to be shown on the plans and implemented by the property
owner /developer, to the extent applicable include, but are not limited to, the
following:
• Use of low -flow sprinkler heads in irrigation systems.
• Use of waterway recirculation systems.
• Low -flow fittings, fixtures, and equipment, including
low flush toilets and urinals.
• Use of self - closing valves on drinking valves.
• Use of efficient irrigation systems such as drip irrigation
and automatic systems which use moisture sensors.
• Use of low -flow shower heads in hotels.
• Water efficient ice - machines, dishwashers, clothes
washers and other water -using appliances.
• Use of irrigation systems primarily at night when
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evaporation rates are lowest.
• Provide information to the public in conspicuous places
regarding water conservation.
Use of water conserving landscape plant materials wherever feasible.
MM XVII -7
37
The Property Owner /Developer for new development within the ARSP area shall
Planning
provide evidence to the Planning Director or Planning Services Manager that
Department,
separate irrigation lines for recycled water shall be constructed. All irrigation
Planning
systems shall be designed so that they will function properly with recycled water.
Services Division
MM XVII -9
38
The property owner /developer shall submit an irrigation plan in which all
Planning
irrigation systems shall be designed so that they will function properly with
Department,
reclaimed water, once a system is available. MM XVII -10
Planning
Services Division
39
The property owner /developer shall submit project plans to the Public Works
Public Works
Department for review and approval to ensure that the plans comply with AB
Department,
939, the Solid Waste Reduction Act of 1989, as administered by the City of
Streets and
Anaheim and the County of Orange and City of Anaheim Integrated Waste
Sanitation
Management Plans. Prior to final building and zoning inspection,
Division
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, 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.
D. 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 property owner /developer shall implement numerous solid waste
reduction programs, as required by the Public Works Department, including, but
not limited to:
A. Facilitating paper recycling by providing chutes or convenient
locations for sorting and recycling bins.
B. Facilitating cardboard recycling (especially in retail areas) by
providing adequate space and centralized locations for collection and
bailing.
C. Facilitating glass recycling (especially from restaurants) by providing
adequate space for sorting and storing.
D. Providing trash compactors for nonrecyclable materials whenever
feasible to reduce the total volume of solid waste and the number of
trips required for collection.
E. Prohibiting curbside pick -up. MM XVII -12
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40
The property owner /developer shall submit plans showing that each structure will
Public Utilities
comply with the State Energy Efficiency Standards for Nonresidential Buildings
Department,
(Title 24, Part 6, Article 2, California Code of Regulations) and will consult with
Resource
the City of Anaheim Public Utilities Resource Efficiency Division in order to
Efficiency
review above Title 24 measures to incorporate into the project design including
Division
energy efficient designs. MM XVII -14
41
The property owner /developer shall install an underground electrical service from
Public Utilities
the Public Utilities Distribution System. The Underground Service will be
Department,
installed in accordance with the Electric Rules, Rates, Regulations and Electrical
Electrical
Specifications for Underground Systems. Electrical Service Fees and other
Engineering
applicable fees will be assessed in accordance with the Electric Rules, Rates,
Division
Regulations and Electrical Specifications for Underground Systems.
MM XVII-16
42
The property owner /developer shall demonstrate on plans that fuel efficient
Planning
models of gas- powered building equipment have been incorporated into the
Department,
project, to the extent feasible. MM XVII-18
Planning
Services Division
43
Prior to commencement of structural framing on the project site, on -site fire
Fire Department
hydrants shall be installed and charged by the property owner /developer as
required and approved by the Fire Department. MM XPJ -2
44
Prior to approval of water improvement plans, the water supply system shall be
Fire Department
designed by the property owner /developer to provide sufficient fire flow pressure
and storage for the proposed land use and fire protection in accordance with Fire
Department requirements. MM XIV-7
45
The project design shall include parking lots with controlled access points to limit
Police
ingress and egress if determined to be necessary by the Police Department, and
Department
shall be subject to the review and approval of the Police Department.
MM XIV -11
46
The property owner /developer shall provide proof of compliance with
Planning
Government Code Section 53080 (schools) to the Building Division of the
Department,
Planning Department. MM XIV -12
Building
Division
47
Ongoing during project construction and operation the City shall continue to
Planning
collaborate with the Metropolitan Water District of Southern California (MWD),
Department,
its member agencies, and the Orange County Water District (OCWD) to ensure
Planning
that available water supplies meet anticipated demand. If it is forecasted that
Services
water demand exceeds available supplies, the City shall trigger application of its
Division; Public
Water Conservation Ordinance (Anaheim Municipal Code, §10.18), as
Utilities
prescribed, to require mandatory conservation measures as authorized by Sections
Department,
10.18.070 through 10.18.090, as appropriate. MM XVII -8
Water
Engineering
Division
48
The property owner /developer shall submit plans to the Police Department for
Police
review and approval for the purpose of incorporating safety measures in the
Department
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). MM XIV -9
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49
The property owner /developer shall implement energy- saving practices in
Planning
compliance with Title 24, which may include the following:
Department,
A. Use of high - efficiency air conditioning systems controlled by a
Building
computerized management system including features such as a variable
Division
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.
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 hallide or high - pressure
sodium for outdoor lighting and parking lots. MM XVII -15
50
The Southern California Gas Company has developed several programs which are
Planning
intended to assist in the selection of the most energy - efficient water heaters and
Department,
furnaces. The property owner /developer shall implement a program, as required,
Planning
to reduce the demand on natural gas supplies. MM XVH -17
Services Division
ONGOING DURING CONSTRUCTION
51
The property owner /developer shall implement measures to reduce
South Coast Air
construction - related air quality impacts. These measures shall include, but are
Quality
not limited to:
Management
A. Normal wetting procedures (at least twice daily) or other dust palliative
District; Planning
measures shall be followed during earth- moving operations to minimize
Department,
fugitive dust emissions, in compliance with the City of Anaheim
Building
Municipal Code including application of chemical soil stabilizers to
Division
exposed soils after grading is completed and replacing ground cover in
(verification of
disturbed areas as quickly as practicable.
notes on plans);
Public Works
B. Enclosing, covering, watering twice daily, or applying approved soil
Department,
binders, according to manufacturer's specification, to exposed stock
Development
piles.
Services Division
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.
H. Manually irrigate or activate irrigation systems necessary to water and
maintain the vegetation as soon as planting is completed.
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I. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour
or less.
J. Suspend all grading operations when wind speeds (as instantaneous gust)
exceed 25 miles per hour and during first and second stage smog alerts.
K. Comply with the SCAQMD Rule 402, which states that no dust impacts
offsite are sufficient to be called a nuisance, and SCAQMD Rule 403,
which restricts visible emissions from construction.
L. Use low emission mobile construction equipment (e.g., tractors, scrapers,
dozers) where practicable.
M. Utilize existing power sources (e.g. power poles) or clean -fuel generators
rather than temporary power generators, where practicable.
N. Maintain construction equipment engines by keeping them properly
tuned.
O. Use low sulfur fuel for equipment, to the extent practicable. MM III -3
52
Ongoing during demolition and construction, in the event that hazardous waste,
Fire Department
including asbestos, is discovered during site preparation or construction, the
property owner /developer shall ensure that the identified hazardous waste and /or
hazardous material are handled and disposed of in the manner specified by the
State of California Hazardous Substances Control Law (Health and Safety Code,
Division 20, Chapter 6.5) and according to the requirements of the California
Administrative Code, Title 30, Chapter 22. MM VII -1
53
The property owner /developer shall ensure that all internal combustion engines
Planning
on construction equipment and trucks are fitted with properly maintained
Department,
mufflers. MM XII -2
Planning
Services Division
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
54
The property owner /developer shall participate in an assessment district for
Public Works
landscape installation and maintenance if one is established for the Anaheim
Department,
Resort. MM I -3
Resort Services
55
The property owner /developer shall submit a letter from a licensed landscape
Planning
architect to the City, certifying that the landscape installation and irrigation
Department,
systems have been installed as specified in the approved landscaping and
Planning
irrigation plans. MM VIII -4
Services Division
56
The property owner /developer shall submit a noise study prepared by a certified
Planning
acoustical engineer to the satisfaction of the Building Division identifying
Department,
whether noise attenuation is required and defining the attenuation measures and
Building
specific performance requirements, if warranted, to comply with the Uniform
Division
Building Code and Sound Pressure Level Ordinance. Ultimate noise attenuation
requirements, if any, shall depend on the final location of such buildings and
noise - sensitive uses inside and surrounding the buildings. Attenuation measures
shall be implemented by the property owner /developer prior to final building and
zoning inspections. MM XII -1
57
The property owner /developer shall place emergency telephone service numbers
Fire Department
in prominent locations as approved by the Fire Department. MM XIV -8
58
A parking management plan shall be submitted to the Planning Department,
Planning
Planning Services Division for review and approval to accommodate the peak
Department,
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demand during the month of December as indicated in the parking study. The
Planning
parking management plan shall continue to be in place throughout the project
Services Division
operation. These options include:
• Encourage hotel staff to carpool during this time or provide
off -site shuttle service for employees to a commuter parking lot.
• Utilization of the two loading areas as parking spaces for
employees. Because the peak hour is late in the evening, the loading
areas will not be needed for deliveries.
• Valet or attendant assisted parking for employees which
would utilize a stacked parking scenario for employee vehicles.
ONGOING DURING PROJECT OPERATION
59
The property owner /developer shall implement measures to reduce emissions to
Public Works
the extent practical, schedule goods movement for off -peak traffic hours, and use
Department,
clean fuel for vehicles and other equipment, as practicable. MM III -1
Traffic and
Transportation
Division
60
The property owner /developer shall provide for the following: cleaning of all
Public Works
paved areas not maintained by the City of Anaheim on a monthly basis, including,
Department,
but not limited to, private streets and parking lots. The use of water to clean
Development
streets, paved areas, parking lots, and other areas and flushing the debris and
Services Division
sediment down the storm drains shall be prohibited. MM VIII -3
61
If and when is becomes available from the County Sanitation District of Orange
Planning
County, the property owner /developer shall install piping onsite with project
Department,
water mains so that reclaimed water may be used for landscape irrigation. MM
Building Division
VIII -5
62
The property owner /developer shall provide private security on the premises to
Police
maintain adequate security for the entire project subject to review and approval of
Department
the Police Department. The use of security patrols and electronic security devices
(i.e., video monitors) should be considered to reduce the potential for criminal
activity in the area. MM XIV -10
63
All landscaping for projects located within the Proposed Project shall utilize
Planning
drought tolerant plant materials within a plant factor of 0.5 or less pursuant to
Department,
the publication entitled "Water Use Classification of Landscape Species" by the
Planning Services
U.C. Cooperative Extension, August 2000. MM XVII -1
Division
64
All new development within the Proposed Project shall include water efficient
Planning
design features including, but not limited to (as applicable to the type of
Department,
development at issue) waterless water heaters, waterless urinals, automatic on
Planning Services
and off water facets, and water efficient appliances. MM XVII -2
Division
65
The following practices shall be implemented, as feasible, by the property
Public Works,
owner /developer:
Streets and
A. Usage of recycled paper products for stationary, letterhead, and
Sanitation
packaging.
Division
B. Recovery of materials such as aluminum and cardboard.
C. Collection of office paper for recycling.
D. Collection of polystyrene (foam) cups for recycling.
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E. Collection of glass, plastics, kitchen grease, laser printer toner
cartridges, oil, batteries, and scrap metal for recycling or recovery.
MM XVH -13
66
All entrances to parking areas shall be posted with appropriate signs per 22658(a)
Police
C.V.C., to assist in removal of vehicles at the property owners /managers request.
Department
67
"No Trespassing 602(k) P.C." posted at the entrances of parking lots /structures
Police
and located in other appropriate places. Signs must be at least 2' x 1' in overall
Department
size, with white background and black 2" lettering.
68
Minimum recommended lighting level for covered portions of all parking
Police
structures is 1 foot - candle maintained, measured at the parking surface, with a
Department
maximum to minimum ratio no greater than 10:1.
69
Rooftop address numbers for the police helicopter. Minimum size 4' in height and
Police
2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers
Department
shall be spaced 12" to 18" apart. Numbers shall be painted or constructed in a
contrasting color to the roofing material. Numbers shall face the street to which
the structure is addressed. Numbers are not to be visible from ground level.
70
Complete a Burglary /Robbery Alarm Permit application, Form APD 516, and
Police
return it to the Police Department prior to initial alarm activation. This form is
Department
available at the Police Department front counter, or it can be downloaded from
the following web site: htty : / /www.anaheim.net/article.asp ?id =678
71
The subject Property shall be developed substantially in accordance with plans
Planning
and specifications submitted to the City of Anaheim by the petitioner and which
Department,
plans are on file with the Planning Department, and as conditioned herein.
Planning
Services
72
Extensions for further time to complete conditions of approval may be granted in
Planning
accordance with Section 18.60.170 of the Anaheim Municipal Code.
Department,
Planning
Services
73
That timing for compliance with conditions of approval may be amended by the
Planning
Department,
Planning Director upon a showing of good cause provided (i) equivalent timing is
Planning
established that satisfies the original intent and purpose of the condition(s), (ii) the
Services
modification complies with the Anaheim Municipal Code and (iii) the applicant
has demonstrated significant progress toward establishment of the use or
approved development.
74
Approval of this application constitutes approval of the proposed request only to
Planning
Department,
the extent that complies with the Anaheim Municipal Zoning Code and any other
Planning
applicable City, State and Federal regulations. Approval does not include any
Services
action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
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