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PC 2014/02/24 City of Anaheim Planning Commission Agenda Monday, February 24, 2014 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chair: Victoria Ramirez • Chair Pro-Tempore: Harry Persaud • Commissioners: Peter Agarwal, Paul Bostwick, Mitchell Caldwell Michelle Lieberman, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Workshop on Smoking Lounge Regulations – 5:00 p.m. • Consent Calendar • 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, February 20, 2014, 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 02/24/14 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. 02/24/14 Page 3 of 7 Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff, or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations ITEM NO. 1A FINAL SITE PLAN NO. 2013-00006 (DEV2013-00104) Location: 1050 West Ball Road Request: To construct a four story, 124-room Staybridge Suites hotel with a parking garage, breakfast room and meeting room. Environmental Determination: The Planning Commission will consider whether the previously-certified Anaheim Resort Specific Plan Master Environmental Impact Report No. 313 and Supplemental Environmental Impact Report No. 340 will serve as the appropriate environmental documentation for this request. Resolution No. _____ Project Planner: Scott Koehm skoehm@anaheim.net 02/24/14 Page 4 of 7 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 4156 (DEV2013-00135) Location: 5401 East La Palma Avenue Request: To amend a previously-approved conditional use permit to allow an approximately 2,000 square foot expansion to an existing automotive dealership. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 3 AMENDMENT TO CONDITIONAL USE PERMIT NO. 3156 (CUP3156B) (DEV2013-00096) Location: 721 East Ball Road Request: An amendment to a conditional use permit to allow the expansion of an existing computer training school into an adjacent unit. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Continued from the January 27, 2014 and February 10, 2014 Planning Commission meetings. Motion Request for Continuance to March 10, 2014 Project Planner: Vanessa Norwood vnorwood@anaheim.net 02/24/14 Page 5 of 7 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2013-05706 (DEV2013-00114) Location: 2951 West Ball Road Request: To permit an indoor and outdoor smoking lounge in an existing retail building. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Continued from the January 27, 2014 Planning Commission meeting. Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2013-05699 VARIANCE NO. 2013-04932 (DEV2013-00051) Location: 1775-1785 West Lincoln Avenue 1783-1785 West Lincoln Avenue Request: To permit an outdoor smoking lounge in conjunction with an existing restaurant with fewer parking spaces than required by Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: David See dsee@anaheim.net 02/24/14 Page 6 of 7 ITEM NO. 6 CONDITIONAL USE PERMIT NO. 2013-05690 (DEV2013-00087) Location: 907 South Beach Boulevard Request: To permit a community center and banquet hall within an existing commercial building, including the on-site consumption of alcoholic beverages. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: David See dsee@anaheim.net Adjourn to Monday, March 10, 2014 at 5:00 p.m. 02/24/14 Page 7 of 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. February 19, 2014 (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 m ismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 1-A PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: FEBRUARY 24, 2014 SUBJECT: FINAL SITE PLAN NO. 2013-00006 LOCATION: 1050 West Ball Road APPLICANT/PROPERTY OWNER: The applicant and property owner is Ashok Patel, and the agent is Robert Tuttle. REQUEST: The applicant proposes to construct a four story, 124-room Staybridge Suites hotel with a parking garage, breakfast room and meeting room. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that the previously-certified Anaheim Resort Specific Plan Master Environmental Impact Report No. 313 and Supplemental Environmental Impact Report No. 340 will serve as the appropriate environmental documentation for this request, and approving Final Site Plan No. 2013-00006. BACKGROUND: The 1.28-acre project site consists of two contiguous parcels. One property consists of a vacant lot and the other is occupied with a vacant restaurant building. The site is located within the Anaheim Resort Specific Plan (SP92-2) zone and the property is designated for Commercial Recreation land uses by the General Plan. Surrounding land uses include a Disney employee parking lot to the south and hotels to the east, west, and north across Ball Road. PROPOSAL: The applicant proposes to construct a four story, 124-room Staybridge Suites hotel on a vacant property with frontage on Ball Road and West Place. The project will include a two level parking structure, meeting room, dining area, fitness center, and pool. The dining area and fitness room will be for guests of the hotel only and will not be open to the public. The hotel room types include a mix of standard hotel rooms and suites. The project requires 104 parking spaces and 104 spaces will be provided. ANALYSIS: Development within the Anaheim Resort Specific Plan is implemented through the review and approval of Final Site Plans prior to the issuance of building permits. The purpose of Final Site Plan reviews for hotels is to ensure that the proposed design is appropriate for the site, compatible with surrounding land uses and in compliance with specific plan requirements. FINAL SITE PLAN NO. 2013-00006 February 24, 2014 Page 2 of 2 Staff has reviewed the plans submitted for the proposed project and has found them to be in conformance with all provisions of the Anaheim Resort Specific Plan. The applicant submitted colored elevation plans that show a ground floor with arched elements and earth tone colors, projecting walls, brown stucco banding separating the floors, decorative window overhangs and cornices. The hotel development is compatible with the character of the surrounding hotels and development located within the Anaheim Resort Specific Plan. CONCLUSION: The proposed development is consistent with the goals and policies of the Anaheim Resort Specific Plan as it would enhance the visitor experience to the area and represents a significant positive investment in the Anaheim Resort area. Staff recommends approval of this request. Prepared by, Submitted by, Scott Koehm Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 3. Photos 4. Plans SP 92-2DA1SERVICESTATION SP 92-2DA1DAYS INNDISNEYLANDWESTRS-2SINGLE FAMILY RESIDENCESP 92-2DA1VACANT SP 92-2DA1ANAHEIM RODEWAY INNMAINGATE SP 92-2DA1TRAVELODGE ANAHEIM SP 92-2DA1SUPER 8 ANAHEIM/DISNEYLAND DRIVE SP 92-1DA3BDISNEY PARKINGSTRUCTURE SP 92-1DA1PARKING LOT SP 92-2DA1SHERATON ANAHEIM HOTEL SP 92-1DA1PARKING LOTRS-2SINGLE FAMILY RESIDENCESP 92-2DA1VACANTRS-2SINGLE FAMILY RESIDENCESP 92-2DA1BESTWESTERNCOURTESYINN SP 92-1DA1DISNEYLAND W BALL RD S DI SNEYL AND DRS DISNEYLAND DRS DISNEYLAND DRS FLORE STS PEPPER STS CAPLAN STS WEST PLW V E R M O N T A V E W. BALL RD S. EUCLID STS. WALNUT STS. ANAHEI M BLVDS. HARBOR BLVDW. BRO ADWAY W. CERRITOS AVE E.BALL R D 1 0 5 0 Wes t Ball Road D E V N o. 2013-00104 Subject Property APN: 082-112-03082-112-02 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 12 W BALL RD S DI SNEYL AND DRS DISNEYLAND DRS DISNEYLAND DRS FLORE STS PEPPER STS CAPLAN STS WEST PLW V E R M O N T A V E W. BALL RD S. EUCLID STS. WALNUT STS. ANAHEI M BLVDS. HARBOR BLVDW. BRO ADWAY W. CERRITOS AVE E.BALL R D 1 0 5 0 Wes t Ball Road D E V N o. 2013-00104 Subject Property APN: 082-112-03082-112-02 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 12 [DRAFT] ATTACHMENT NO. 2 -1- PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT THE PREVIOUSLY-CERTIFIED MASTER ENVIRONMENTAL IMPACT REPORT NO. 313 AND FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 2008-00340 SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING MITIGATION MONITORING PROGRAM NO. 85C AND FINAL SITE PLAN NO. 2013-00006 AND AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00104) (1050 WEST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified Petition for Final Site Plan No. 2013-00006 to construct a 124-room hotel (herein referred to as the "Proposed Project") for certain real property located at 1050 West Ball Road in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 1.25 acres, is developed with a vacant lot and vacant restaurant. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaries of Anaheim Resort Specific Plan No. 92-2 (SP 92-2). As such, the Property is located in the Anaheim Resort Specific Plan Zone and is subject to the zoning and development standards described in Chapter 18.116 of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 24, 2014 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 18.116.040 of the Code, to hear and consider evidence for and against said proposed Final Site Plan No. 2013-00004 to investigate and make findings and recommendations in connection therewith; and WHEREAS, on September 20, 1994, the City Council adopted the Anaheim Resort Specific Plan to provide a long-range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape program, and a public facilities plan, intended to maximize the area’s potential, guide future development, and ensure a balance between growth and infrastructure. The Anaheim Resort Specific Plan permits the development of hotel, convention, retail, and other visitor-serving uses as well as the infrastructure improvements that are needed to support future development; and WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan, the City Council certified Master Environmental Impact Report (“MEIR No. 313”); and 2 PC2014-*** WHEREAS, by Resolution No. 2012-158, the City Council certified Final Supplemental Environmental Impact Report No. 2008-00340 ("Final EIR No. 340") for (a) Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010-00060), (b) an amendment to the Anaheim General Plan (General Plan Amendment No. 2010-00482), (c) Zoning Code Amendment No. 2010-00093, (d) Amendment to Ordinance No. 5454 (Miscellaneous Case No. 2010-00484), (e) Amendment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case No. 2010-00478), (f) Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010-00479), and (g) a Water Supply Assessment (Miscellaneous Case No. 2010-00421), which entitlements permitted the maximum build-out of the Anaheim Resort Specific Plan to increase by up to 406,359 square feet of convention center space; 180,000 square feet of commercial development; 900 hotel rooms; and, 40,000 square feet of hotel meeting/ballroom space; 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 finds and determines that Final EIR No. 340 will serve as the appropriate environmental documentation in connection with the Proposed Project and that none of the conditions set forth in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report or a supplement to Final EIR No. 340 have occurred; specifically: a. There have not been any substantial changes in the project analyzed in Final EIR No. 340 that require major revisions of Final EIR No. 340 because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b. There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of Final EIR No. 340 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and c. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time Final EIR No. 340 was certified as complete was adopted, that shows any of the following: (a) the Proposed Project will have one or more significant effects not discussed in Final EIR No. 340; (b) significant effects previously examined will be substantially more severe than shown in Final EIR No. 340; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Proposed Project, but the project proponents decline to adopt the mitigation measures or alternatives; or (d) mitigation measures or alternatives which are considerably different from those analyzed in Final EIR No. 340 would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternatives. 3 PC2014-*** WHEREAS, the Planning Commission has reviewed and considered Mitigation Monitoring and Reporting Program No. 85C ("MMP"), which is attached hereto as Exhibit C and incorporated herein by this reference, and was prepared for the Proposed Project and includes mitigation measures specific to the Proposed Project, and, in accordance with the requirements of CEQA, finds and determines that, with the imposition of identified mitigation measures, the Proposed Project will not result in any new significant impacts to the environment and there is no substantial evidence that the Proposed Project will have a significant effect on the environment; and WHEREAS, the Planning Commission does find and determine that the request for a Final Site Plan should be approved for the following reasons: 1. Subject to compliance with the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference, the Final Site Plan, including its design and layout, complies with the Anaheim Resort Specific Plan No. SP92-2 and is consistent with the zoning and development standards of said Specific Plan, as described in Chapter 18.116 of the Code. 2. 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. 3. 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. 4. 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. 5. 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Final Site Plan No. 2013-00006 contingent upon and subject to the conditions of approval and the MMP, which are described in Exhibit B and Exhibit C, respectively, and attached hereto and incorporated herein by this reference. Said conditions and mitigation measures are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 4 PC2014-*** BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement.THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 24, 2014. 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. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 24, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of February, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 6 PC2014-*** - 6 - PC2014-*** EXHIBIT “B” FINAL SITE PLAN NO. 2013-00006 (DEV2013-00104) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF BUILDING PERMITS 1 Prior to issuance of a grading permit, the water quality management plan shall address the following items: • The WQMP shall include additional information such as soils analysis, prior contamination, depth to groundwater, etc. to determine the acceptability and capability of this site to use infiltration. • The applicant shall obtain approval for infiltration from the City and from the Orange County Water District. The City will coordinate the review of this proposed infiltration system to obtain comments. • The WQMP and grading plans shall show that flows are conveyed to the infiltration trench below the permeable pavers. • The design storm needs to be captured in the infiltration area. Clarify how the storm drain system will be used to route flows to the infiltration area. • The WQMP shall show the required pretreatment for any focused infiltration. The pretreatment system may be landscape swales, filter strips or bio-retention areas (rain gardens), prior to reaching the infiltration system. • Ensure that all flows from the property are captured and treated. If flows from the adjacent properties are co-mingled with water on this site, then the total flow must be treated and accommodated in the design of the infiltration system. This project includes roadway widening and related improvements, which will also need to treat the footprint of that portion of the project by treating the design storm that will fall on that footprint. The treatment must be based on Green Streets Guidelines and must obtain approval of the City’s Operations Division and/or Resort Services. Public Works, Development Services 2 Prior to the approval of the final subdivision map or issuance of building permits, whichever occurs first, the property owner/developer shall pay the identified fair-share responsibility as determined by the City as set forth in MM 5.14-15. The City shall allocate the property owner/developer’s fair- share contribution to traffic mitigation programs that result in improved traffic flow on the impacted mainline and ramp locations, via an agreement mutually acceptable to Caltrans and the City. Public Works, Traffic Engineering 3 Per the requirements of the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009-DWQ), a Stormwater Pollution Prevention Plan (SWPPP) for the proposed project shall be prepared and include a sufficient number of erosion control Best Management Practices (BMPs) are implemented Public Works, Development Services - 7 - PC2014-*** during the construction phase to ensure that potential erosion issues are adequately addressed. BMPs shall include the following, or similar, efforts: fiber rolls, street sweeping, sandbag barriers, straw bale barriers, and storm drain inlet protection. 4 That Prior to issuance of a building permit, the developer shall submit street improvement plans to the Public Works Department, Development Services Division to improve Harbor Boulevard per The Anaheim Resort standards, including planting and irrigation in the public parkway. The parkway landscaping strips, eight feet behind curb and eight feet behind sidewalk, shall be constructed with the irrigation connected to the City system, and maintained by City Resort Services Division. Public Works, Development Services 5 That prior to issuance of a building permit, the developer shall post a security to guarantee the construction of public works improvements in an amount approved by the City Engineer and in a form approved by the City Attorney. The improvements shall be constructed prior to final building and zoning inspections. Public Works, Development Services 6 That prior to issuance of a building permit, the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 8- feet in width measured from the existing Right of Way. for landscape and irrigation improvements, as required per the Anaheim Resort Specific Plan. Public Works, Development Services 7 All plumbing or other similar pipes and fixtures located on the exterior of the building shall be shown on plans as fully screened from view of adjacent public rights-of-way and from adjacent properties by architectural devices and/or appropriate building materials. A note indicating that these improvements will be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. Planning and Building 8 Unless records indicate previous payment, a fee for street tree purposes shall be paid or cause to be paid to the City of Anaheim based on the length of street frontage in an amount as established by City Council resolution or credit against the fee given for City authorized improvements installed by the property owner/developer. Planning and Building 9 All air conditioning facilities and other roof and ground-mounted equipment shall be shown on plans as shielded from public view and the sound buffered to comply with City of Anaheim noise ordinances from any adjacent residential or transient-occupied properties. A note indicating that these improvements shall be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. Planning and Building 10 The property owner/developer shall submit evidence that low emission paints and coatings are utilized in the design and construction of buildings, in compliance with SCAQMD regulations. The information shall be denoted on the project plans and specifications. The property owner/developer shall submit an architectural coating schedule and calculations demonstrating that VOC emissions from architectural coating operations would not exceed 75 pounds per day averaged over biweekly periods. The calculations shall show, for each coating, the surface area to Planning and Building - 8 - PC2014-*** be coated, gallons (or liters) of coating per unit surface area, and VOC content per gallon (or liter). The property owner/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. 11 Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance of demolition permit (for Demolition Plan), the property owner/developer shall submit Demolition and Import/Export plans. The plans shall include identification of offsite locations for materials export 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 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 the project site. Planning and Building 12 The property owner/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 permits shall be given to the Planning and Building Department. Planning and Building 13 The property owner/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: a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. 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. f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. Planning and Building 14 Prior to the issuance of a demolition permit, grading permit, or building permit, whichever occurs first, a survey for active raptor nests shall be conducted by a qualified Biologist and submitted to the Planning and Building Department 30 days prior to commencement of any demolition or construction activities during the raptor nesting season (February 1 to June Planning and Building - 9 - PC2014-*** 30) and within 500 feet of a fan palm, juniper, or canary island pine. Should an active nest be identified, restrictions defined by a qualified Biologist will be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active, as determined by a qualified Biologist. These restrictions may include a 300- to 500-foot buffer zone designated around a nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, construction can proceed within the buffer zone. 15 Prior to the issuance of a demolition permit, grading permit, or building permit, whichever occurs first, a letter detailing the proposed schedule for vegetation removal activities shall be submitted to the Planning and Building Department, verifying that removal shall take place between August 1 and February 28 to avoid the bird nesting season. This would ensure that no active nests would be disturbed. If this is not feasible, then a qualified Biologist shall inspect any trees which would be impacted prior to demolition, grading or construction activities to ensure no nesting birds are present. If a nest is present, then appropriate minimization measures shall be developed by the Biologist. Planning and Building 16 MM 5.2-4: Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance of demolition permit (for Demolition Plan), the property owner/developer shall submit Demolition and Import/Export plans. The plans shall include identification of offsite locations for materials export 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 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 the project site. Planning and Building 17 Prior to issuance of each grading permit, the property owner/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 pre-grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the 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 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 Planning and Public Works Departments - 10 - PC2014-*** 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. 18 Prior to issuance of each grading permit, the property owner/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 pre-grading 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 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. Planning and Public Works Departments 19 Prior to issuance of each building permit, the property owner/developer shall provide proof of compliance with Government Code Section 53080 (Schools). Planning and Building 20 Prior to issuance of each building permit, all air conditioning facilities and other roof and ground-mounted equipment shall be shown on plans as shielded from public view and the sound buffered to comply with City of Anaheim noise ordinances from any adjacent residential or transient- occupied properties. A note indicating that these improvements shall be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. Planning and Building 21 The property owner/developer shall submit to the Planning and Building Department, Building Services Division for review and approval, detailed foundation design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. Planning and Building 22 Prior to issuance of each foundation permit, the property owner/developer shall submit a report prepared by a geotechnical engineer to the Planning and Building Department, Building Services Division 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. Planning and Building - 11 - PC2014-*** 23 The property owner/developer shall submit plans to the Planning Department, Building Services Division for review and approval showing that the proposed structure has been analyzed for earthquake loading and designed according to the most recent seismic standards in the California Building Code adopted by the City of Anaheim. Planning and Building 24 Prior to issuance of building or grading permits, the property owner/developer shall submit to the Planning and Public Works Departments, geologic and geotechnical investigations in areas of potential seismic or geologic hazards and provide a note on plans that all grading operations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. Planning and Public Works Departments 25 Prior to issuance of the first grading or demolition permit, whichever occurs first, in areas of former service stations, in areas known or thought to have been previously occupied by USTs, and in areas where tank removal has not been verified prior to excavation or grading the property owner/developer shall retain the services of a qualified environmental professional to conduct an investigation for known, or the presence of, cryptic tanks, using geophysical methods. Soil sampling or a soil organic vapor survey may be required if soil sampling results are not available, or indicate contamination is present above regulatory guidelines. If warranted, subsurface investigation and sampling shall be undertaken in these areas, and appropriate remediation measures developed, if necessary, before demolition, excavation, or grading takes place in these areas. Fire Department 26 Prior to issuance of the first grading or demolition permit, whichever occurs first, the property owner/developer shall submit a plan for review and approval by the Fire Department which details procedures that will be taken if previously unknown USTs, or other unknown hazardous material or waste, is discovered onsite. Fire Department 27 Prior to issuance of the first building permit, the property owner/developer shall enter into an agreement recorded against the property with the City of Anaheim to pay or cause to be paid their fair share of the funding to accommodate the following, which will serve the Anaheim Resort Specific Plan area: a. One additional fire truck company. b. One additional paramedic company. c. Modifications to existing fire stations to accommodate the additional fire units, additional manpower, equipment and facilities. d. A vehicle equipped with specialty tools and equipment to enable the Fire Department to provide heavy search and rescue response capability. e. A medical triage vehicle/trailer, equipped with sufficient trauma dressings, medical supplies, stretchers, etc., to handle 1,000 injured persons, and an appropriate storage facility. The determination of the allocable share of costs attributable to the property owner/developer shall be based on an apportionment of the costs of such equipment/facilities among property owners/developers in the Hotel Circle Specific Plan Area, the Disneyland Resort Specific Plan Area and the Anaheim Resort Specific Plan Area or the otherwise defined service area, Fire Department - 12 - PC2014-*** as applicable, depending on the area served. Note: To implement this mitigation measure, the City has adopted the Fire Protection Facilities and Paramedic Services Impact Fee Program. Compliance with this Program by the property owner/developer (per Ordinance No. 5496 and Resolution No. 95R-73 dated May 16, 1995) shall satisfy the requirements of this Mitigation Measure, or the City may enter into alternative financing arrangements. 28 The property owner/developer shall provide written evidence that all storm drain, sewer, and street improvement plans shall be designed and constructed to the satisfaction of the City Engineer. Public Works Department 29 A note shall be provided on building plans indicating that during construction, the property owner/developer shall install and maintain specially designed construction barriers at the project perimeter areas. The construction sound barriers shall be a minimum height of 8 feet with a minimum surface weight of 1.25 pounds per square foot or a minimum Sound Transmission Class (STC) rating of 25. The structure shall be a continuous barrier. Gates and other entry doors shall be constructed with suitable mullions, astragals, seals, or other design techniques to minimize sound leakage when in the closed position. Access doors should be self- closing where feasible. Vision ports are permissible providing they are filled with an acceptable solid vision product. Planning and Building 30 The property owner/developer shall present plans and calculations to the Planning and Building Department, Building Division to demonstrate that noise levels from planned mechanical ventilation equipment, loading docks, trash compactors, and other proposed on-site noise sources are designed to meet the City’s 60 dBA Sound Pressure Levels standard at the property line, and not create a noise increase greater than 5 dBA over existing ambient noise at the nearest noise sensitive receptor, whichever is more restrictive. Planning and Building 31 Prior to issuance of each building permit, the property owner/developer shall present plans and calculations to the Planning Department, Building Division to demonstrate that noise levels would be less than 65 dBA CNEL for outdoor use areas (including dining patios, pools, playgrounds, or outdoor gathering areas). This requirement can be accomplished through shielding areas behind buildings or the construction of a noise barrier. Planning and Building 32 Prior to issuance of each building permit, for structures that are adjacent to noise-sensitive areas such as residences, the property owner/developer shall ensure that all mechanical ventilation units are shown on plans and installed in compliance with Sound Pressure Level Ordinance. Planning and Building 33 Prior to issuance of each building permit if pile driving and blasting is anticipated during construction, a noise and vibration analysis must be prepared and submitted to the Planning and Building Department, Building Division, to assess and mitigate potential noise and vibration impacts related to these activities. Planning and Building 34 Prior to the approval of each Final Site Plan and issuance of each building permit, the property owner/developer shall submit plans to the Police Police - 13 - PC2014-*** Department for review and approval for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases 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). Department 35 The project design shall include parking lots and parking structures 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. Police Department 36 Prior to commencement of structural framing on each parcel or lot, on-site fire hydrants shall be installed and charged by the property owner/developer as required and approved by the Fire Department. Fire Department 37 Prior to issuance of each grading permit, the property owner/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 Department 38 Prior to issuance of each building permit, to be implemented prior to the final building and zoning inspection, plans shall indicate that all buildings, exclusive of parking structures, shall have sprinklers installed by the property owner/developer in accordance with the Anaheim Municipal Code. Said sprinklers shall be installed prior to each final building and zoning inspection. Fire Department 39 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 width of access roads. b. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 75,000 pounds. c. All underground tunnels shall have sprinklers. Water supplies are required at all entrances. Standpipes shall also be provided when determined to be necessary by the Fire Department. d. Adequate off-site public fire hydrants contiguous to the Specific Plan 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. e. 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. Fire Department 40 The property owner/developer shall enter into an agreement recorded against the property with the City of Anaheim to pay or cause to be paid their fair share of the funding to accommodate the following, which will Fire Department - 14 - PC2014-*** serve the Anaheim Resort Specific Plan area: a. One additional fire truck company. b. One additional paramedic company. c. Modifications to existing fire stations to accommodate the additional fire units, additional manpower, equipment and facilities. d. A vehicle equipped with specialty tools and equipment to enable the Fire Department to provide heavy search and rescue response capability. e. A medical triage vehicle/trailer, equipped with sufficient trauma dressings, medical supplies, stretchers, etc., to handle 1,000 injured persons, and an appropriate storage facility. The determination of the allocable share of costs attributable to the property owner/developer shall be based on an apportionment of the costs of such equipment/facilities among property owners/developers in the Hotel Circle Specific Plan Area, the Disneyland Resort Specific Plan Area and the Anaheim Resort Specific Plan Area or the otherwise defined service area, as applicable, depending on the area served. Note: To implement this mitigation measure, the City has adopted the Fire Protection Facilities and Paramedic Services Impact Fee Program. Compliance with this Program by the property owner/developer (per Ordinance No. 5496 and Resolution No. 95R-73 dated May 16, 1995) shall satisfy the requirements of this Mitigation Measure, or the City may enter into alternative financing arrangements. 41 The property owner/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 property owner/developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. Fire Department 42 Plans shall be reviewed and approved by the Fire Department as being in conformance with the Uniform Fire Code. Fire Department 43 Prior to approval of water improvement plans, the water supply system shall be designed by the property owner/developer to provide sufficient fire flow pressure and storage for the proposed land use and fire protection services in accordance with Fire Department requirements. Fire Department 44 The property owner/developer shall comply with the Anaheim Municipal Code, Section 17.08.385, Public Library Facilities Services Areas – Payment of Fees Required. Planning and Building 45 The property owner/developer shall pay the appropriate Transportation Impact and Improvement Fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance Public Works Traffic Engineering - 15 - PC2014-*** of the building permit with credit given for City-authorized improvements provided by the property owner/developer. The property owner shall also participate in all applicable reimbursement or benefit districts, which have been established. 46 The property owner/developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s)-of-way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan. Public Works Department 47 Prior to the issuance of grading permits, the property owner/developer shall provide to the City of Anaheim Public Works Department a plan to coordinate rideshare services for construction employees with the Anaheim Transportation Network (ATN) for review and approval and shall implement ATN recommendations to the extent feasible. Public Works Traffic Engineering 48 Plans shall show that all driveways shall be constructed with a minimum fifteen (15) foot radius curb returns as required by the City Engineer, unless otherwise approved by the City Engineer. Public Works Department 49 Prior to issuance of the first building permit for each building, the property owner/developer shall pay the appropriate Traffic Signal Assessment Fees and Transportation Impact and Improvement Fees 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 property owner/developer. The property owner shall also participate in all applicable reimbursement or benefit districts, which have been established. Public Works Traffic Engineering 50 Based upon the improvement phasing analysis in the project traffic study, the property owner/developer shall implement traffic improvements as identified in the project traffic study to maintain satisfactory levels of service as defined by the City’s General Plan, based on thresholds of significance, performance standards, and methodologies established by the Orange County Congestion Management Program and the City of Anaheim Traffic Study Guidelines. The improvement phasing analyses will specify the timing, funding, construction, and fair-share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. The property owner/developer shall construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager, unless alternative funding sources have been identified. Public Works Traffic Engineering 51 The property owner/developer shall pay the identified fair-share responsibility as determined by the City as set forth in MM 5.14-15. The City shall allocate the property owner/developer’s fair-share contribution to traffic mitigation programs that result in improved traffic flow on the impacted mainline and ramp locations, via an agreement mutually acceptable to Caltrans and the City. Public Works Traffic Engineering 52 The property owner/developer shall meet with the Traffic and Transportation Manager to determine whether a bus stop(s) is required to be placed adjacent to the property. If a bus stop(s) is required, it shall be Public Works Traffic - 16 - PC2014-*** placed in a location that least impacts traffic flow and may be designed as a bus turnout or a far side bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). Engineering 53 Prior to issuance of each building permit (to be implemented prior to final building and zoning inspections, and continuing on an on-going basis during project operation), the property owner/ developer shall submit to the Public Utilities Department plans for review and approval which shall ensure that water conservation measures are incorporated. The water conservation 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: a. Use of low-flow sprinkler heads in irrigation systems. b. Use of waterway recirculation systems. c. Low-flow fittings, fixtures, and equipment, including low flush toilets and urinals. d. Use of self-closing valves on drinking valves. e. Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. f. Use of low-flow shower heads in hotels. g. Water efficient ice-machines, dishwashers, clothes washers and other water-using appliances. h. Use of irrigation systems primarily at night when evaporation rates are lowest. i. Provide information to the public in conspicuous places regarding water conservation. j. Use of water conserving landscape plant materials wherever feasible. Public Utilities Department 54 All water supply planning for the project will be closely coordinated with, and be subject to the review and final approval of, the Public Utilities Department, Water Engineering Division and Fire Department. Public Utilities, Fire Departments 55 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad (ii) a twenty (20) foot wide easement for all water service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions Public Utilities Department Water Engineering - 17 - PC2014-*** for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC & Rs for the project. 56 That a private water system with separate water service for fire protection and domestic water shall be provided. Such improvements shall be shown on plans submitted for building permits. Public Utilities Department Water Engineering 57 Water pressure greater than 80 pounds per square inch (psi) shall be reduced to 80 psi or less by means of pressure reducing valves installed at the property owner/developer’s service. Public Utilities, Fire Departments 58 The property owner/developer shall submit a landscape and irrigation plan which shall be prepared and certified by a licensed landscape architect. 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. The landscaping 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. The landscaping and irrigation plans shall indicate that separate irrigation lines for recycled water shall be constructed and recycled water will be used when it becomes available. All irrigation systems shall be designed so that they will function properly with recycled water. Planning and Building 59 Plans shall specifically show that the water meter and backflow equipment and any other large water system equipment will be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, aboveground and behind the building setback line in a manner fully screened from all public streets and alleys and in accordance with Ordinance No. 4156. Prior to the final building and zoning inspections, the water meter and backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, in accordance with the Final Site Plan and the building permit plans. Public Utilities Department 60 Unless records indicate previous payment, the appropriate fees for Primary Mains, Secondary Mains and Fire Protection Service shall be paid to the Public Utilities Department, Water Engineering Division in accordance with Rule 15A, and Rule 20 of the Public Utilities Department Water Rates, Rules and Regulations. Public Utilities Department 61 Prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, The property owner/developer shall participate in the City’s Master Plan of Sewers and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future sanitary sewer system deficiencies as follows: Public Works Department - 18 - PC2014-*** 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. b. 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 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. c. 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). 62 The property owner/develop shall consult with the City of Anaheim Public Utilities Department, Business and Community Programs Division, in order to review energy efficient measures to incorporate into the project design. Prior to the final building and zoning inspection, the property owner developer shall implement these energy efficient measures which may include the following: a. High-efficiency air-conditioning systems with EMS (computer) control b. Variable air volume (VAV) distribution c. Outside air (100%) economizer cycle d. Staged compressors or variable speed drives to flow varying thermal Public Utilities Department - 19 - PC2014-*** loads e. Isolated HVAC zone control by floors/separable activity areas f. Specification of premium-efficiency electric motors (i.e., compressor motors, air-handling units, and fan-coil units) g. Use of occupancy sensors in appropriate spaces h. Use of compact fluorescent lamps i. Use of cold cathode fluorescent lamps j. Use of light emitting diode (LED) or equivalent energy-efficient lighting for outdoor lighting k. Use of Energy Star® exit lighting or exit signage. l. Use of T-8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified m. Use of lighting power controllers in association with metal-halide or high-pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots n. Consideration of thermal energy storage air-conditioning for spaces or facilities that may require air-conditioning during summer, day- peak periods. o. For swimming pools and spas, incorporate solar heating, automatic covers, and efficient pumps and motors, as feasible. p. Consideration for participation in Advantage Services Programs such as: a. New construction design review, in which the City cost-shares engineering for up to $10,000 for design of energy efficient buildings and systems b. New Construction – cash incentives ($300 to $400 per kW reduction in load) for efficiency that exceeds Title 24 requirements c. Green Building Program – offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. 63 Prior to the issuance of the first building permit or grading permit, whichever occurs first, the property owner/developer shall comply with Rule 15E of the Public Utilities Department Water Rates, Rules, and Regulations. Rule 15E shall be amended to include: Construction of a new well with a minimum 1,500 GPM capacity to serve The Anaheim Resort Area (tentative location near Ponderosa Park and Orangewood Avenue); and Construction of a new 16-inch water main along Harbor Boulevard from Orangewood to Chapman Avenue. Public Utilities - 20 - PC2014-*** 64 The property owner/developer shall submit plans and calculations to the City of Anaheim Planning and Building Department, to demonstrate that the energy efficiency of each building will exceed the Title 24 Energy Efficiency Standards for Residential and Non-residential Buildings current at the time of application by at least 10 percent. Planning and Building 65 The property owner/developer shall coordinate with the Public Utilities Department to incorporate feasible renewable energy generation measures into the project. These measures may include but not be limited to use of solar and small wind turbine sources on new and existing facilities and the use of solar powered lighting in parking areas. Public Utilities Department 66 The property owner/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: The property owner/developer shall submit a report for review and approval by 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/flows, then the property owner/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. 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 Public Works Department - 21 - PC2014-*** estimates. 67 Building plans shall indicate that new developments will minimize stormwater and urban runoff into drainage facilities by incorporating design features such as detention basins, on-site water features, and other strategies. Planning and Building 68 Prior to issuance of each building permit; to be implemented prior to final building and zoning Inspection, The property owner/developer shall submit project plans to the Public Works 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, 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 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 storing. c. Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. d. 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. e. Prohibiting curbside pick-up. Public Works Streets and Sanitation 69 Plans shall show that trash storage areas shall be provided and maintained in a location acceptable to the City of Anaheim Department of Public Works, Operations Division. On an ongoing basis, trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. Public Works Streets and Sanitation - 22 - PC2014-*** 70 The Property Owner/Developer shall demonstrate that the plans include provisions for the installation of trash and recycle receptacles near all benches and near high traffic areas such as plazas, transit stops and retail and dining establishments. Public Works Streets and Sanitation 71 The Property Owner/Developer shall submit to the Planning Director or Planning Services Manager for approval a Construction Waste Management Plan that, at a minimum, specifies that at least 75 percent of non-hazardous construction and demolition debris shall be recycled or salvaged and identifies the materials to be diverted from disposal and whether the materials will be sorted on site or co-mingled. Planning and Building PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 72 The property owner/developer shall submit to the Planning and Building Department a letter from a licensed landscape architect certifying that all landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with the Final Site Plan. Planning and Building 73 Prior to final building and zoning inspections, root and sidewalk barriers shall be provided for trees within seven feet of public sidewalks. Planning and Building 74 The property owner/developer shall submit an earthquake emergency response plan for review and approval by the Fire Department. The plan shall require posted notices in all hotel rooms on earthquake safety procedures and incorporate ongoing earthquake training for hotel staff to the satisfaction of the Fire Department. Fire Department 75 Prior to the removal of USTs, the property owner/developer shall obtain a permit from the Environmental Protection Section of the Fire Department for the removal of such tanks. During the removal of USTs, a representative from the Environmental Protection Section of the Fire Department shall be onsite to direct soil sampling. Fire Department 76 The property owner/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. Planning and Building 77 The property owner/developer shall install piping on-site with project water mains so that reclaimed water may be used for landscape irrigation, if and when it becomes available. Public Utilities Department 78 The property owner/developer shall place emergency telephone service numbers in prominent locations as approved by the Fire Department. Fire Department 79 Prior to the placement of building materials on a building site, An all- weather road shall be provided from the roadway system to and on the construction site and for fire hydrants at all times, as required by the Fire Department. Such routes shall be paved or, subject to the approval of the Fire Department - 23 - PC2014-*** Fire Department, shall otherwise provide adequate emergency access. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements of Section 10.204 of the Uniform Fire Code, as adopted by the City of Anaheim. 80 The property owner shall join and financially participate in a clean fuel shuttle program such as the Anaheim Resort Transit system, and shall participate in the Anaheim Transportation Network in conjunction with the on-going operation of the project. The property owner shall also record a covenant on the property that requires participation in these programs ongoing during project operation. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Public Works Department, Traffic Engineering 81 The property owner shall record a covenant on the property requiring that ongoing during project implementation, the property owner/developer shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. The form of the covenant shall be approved by the City Attorney’s Office. Objectives of the TDM program shall be: a. Increase ridesharing and use of alternative transportation modes by guests. b. Provide a menu of commute alternatives for employees to reduce project-generated trips. c. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. Public Works Department, Traffic Engineering 82 The property owner/developer shall provide to the City of Anaheim Public Works Department for review and approval a menu of TDM program strategies and elements for both existing and future employees’ commute options, and incentives for hotel patrons’ transportation options. These options may include, but are not limited to, the list below. The property owner shall also record a covenant on the property requiring that the approved TDM strategies and elements be implemented ongoing during project operation. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. a. On-site services. Provide, as feasible and permitted, on-site services such as the food, retail, and other services. b. Ridesharing. Develop a commuter listing of all employee members for the purpose of providing a “matching” of employees with other employees who live in the same geographic areas and who could rideshare. c. Vanpooling. Develop a commuter listing of all employees for the purpose of matching numbers of employees who live in geographic proximity to one another and could comprise a vanpool or participate in the existing vanpool programs. Public Works Department, Traffic Engineering - 24 - PC2014-*** d. Transit Pass. Promote Orange County Transportation Authority (including commuter rail) passes through financial assistance and on- site sales to encourage employees to use the various transit and bus services from throughout the region. e. Shuttle Service. Generate a commuter listing of all employees living in proximity to the project, and offer a local shuttle program to encourage employees to travel to work by means other than the automobile. When appropriate, event shuttle service shall also be made available for guests. f. Bicycling. Develop a Bicycling Program to offer a bicyclingalternative to employees. Secure bicycle racks, lockers, and showers should be provided as part of this program. Maps of bicycle routes throughout the area should be provided to inform potential bicyclists of these options. g. Guaranteed Ride Home Program. Develop a program to provide employees who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. h. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. i. Work Shifts. Stagger work shifts. j. Compressed Work Week. Develop a “compressed work week” program, which provides for fewer work days but longer daily shifts as an option for employees. k. Telecommuting. Explore the possibility of a “telecommuting” program that would link some employees via electronic means (e.g., computer with modem). l. Parking Management. Develop a parking management program that provides incentives to those who rideshare or use transit means other than single-occupant auto to travel to work. m. Access. Provide preferential access to high occupancy vehicles and shuttles. n. Financial Incentive for Ridesharing and/or Public Transit. Offer employees financial incentives for ridesharing or using public transportation. Currently, federal law provides tax-free status for up to $65 per month per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bus pools. o. Financial Incentive for Bicycling. Offer employees financial incentives for bicycling to work. p. Special “Premium” for the Participation and Promotion of Trip Reduction. Offer ticket/passes to special events, vacations, etc. to - 25 - PC2014-*** employees who recruit other employees for vanpool, carpool, or other trip reduction programs. q. Incentive Programs. Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. 83 Every property owner and/or lessee shall designate an on-site contact that will 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 TDM requirements shall be included in the lease or other agreement with all of the project participants. Public Works Department, Traffic Engineering 84 That prior to final building and zoning inspection, fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Public Works Department, Traffic Engineering 85 A separate water meter shall be installed for landscape water on all projects where the landscape area exceeds 2,500 square feet in accordance with Ordinance No. 6160. Planning and Building 86 The property owner/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. Public Utilities Department 87 Prior to final building and zoning inspections, the applicant shall: • Demonstrate that all structural BMPs described in the Project 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 WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Public Works, Development Services GENERAL / ONGOING DURING PROJECT CONSTRUCTION 88 Ongoing during grading activities, the property owner/developer shall implement standard practices for all applicable codes and ordinances to prevent erosion to the satisfaction of the Planning and Building Planning and Building - 26 - PC2014-*** Department, Building Services Division. 89 Ongoing during construction, the property owner/developer shall implement measures to reduce construction-related air quality impacts. These measures shall include, but are not limited to: 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. For projects where there is excavation for subterranean facilities (such as parking) on-site haul roads shall be watered at least every two hours or the on-site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer’s specification, to exposed piles. d. 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. e. 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. f. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. l. Comply with SCAQMD Rule 402, which states that no Planning and Building - 27 - PC2014-*** dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable. o. Maintain construction equipment engines by keeping them properly tuned. Use low sulfur fuel for equipment, to the extent practicable. 90 All on-site non-Public Realm landscaping and irrigation systems, and Public Realm landscaping and irrigation systems, within area in which dedication has not been accepted by the City, shall be maintained by the property owner/developer, in compliance with City standards. Planning and Building 91 Any tree planted within the Setback Realm shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning and Building 92 A licensed arborist shall be hired by the property owner/developer to be responsible for all tree trimming. Planning and Building 93 The property owner/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. Planning and Building 94 The property owner/developer shall implement measures to reduce construction-related air quality impacts. These measures shall include, but are not limited to: 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. For projects where there is excavation for subterranean facilities (such as parking) on-site haul roads shall be watered at least every two hours or the on-site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer’s specification, to exposed piles. d. 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 Planning and Building - 28 - PC2014-*** materials exported from the project site occur. e. 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. f. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. l. Comply with 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. m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable. o. Maintain construction equipment engines by keeping them properly tuned. p. The property owner/developer shall implement standard practices for all applicable codes and ordinances to prevent erosion to the satisfaction of the Planning and Building Department, Building Services Division. 95 Ongoing during remediation all remediation activities of surface or subsurface contamination not related to USTs, conducted on behalf of the property owner/developer, shall be overseen by the Orange County Health Care Agency (OCHCA). Information on subsurface contamination from USTs shall be provided to the Public Utilities Department, Environmental Services Division. Fire Department 96 In the event that hazardous waste, 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 Fire Department - 29 - PC2014-*** 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. 97 The property owner/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. Planning and Building 98 The property owner/developer shall ensure that all internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers. Planning and Building 99 Pressure washing operations for purposes of building repair and maintenance due to graffiti or other aesthetical considerations shall be limited to daytime hours of operation between 7:00 a.m. and 8:00 p.m. Planning and Building 100 Sweeping operations in the parking facilities and private on-site roadways shall be performed utilizing sweeping/scrubbing equipment which operate at a level measured not greater than 60 dBA at the nearest adjacent property line. Planning and Building 101 The property owner/developer shall pay for all reasonable costs associated with noise monitoring which shall include monitoring conducted by a certified acoustical engineer under the direction of the Planning and Building Department four times a year on a random basis to ensure that outdoor construction-related sound levels at any point on the exterior project boundary property line do not exceed 60 dBA between the hours of 7:00 p.m. and 7:00 a.m. of the following day where outside construction is occurring. If a complaint is received by the City, additional noise monitoring shall be conducted at the discretion of the City. If the monitoring finds that the 60 dBA threshold is being exceeded, construction activities will be modified immediately to bring the sound level below the 60 dBA requirement, with additional follow-up monitoring conducted to confirm compliance. Planning and Building 102 The property owner/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 devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. Police Department 103 If the Anaheim Police Department or the Anaheim Traffic Management Center (TMC) personnel are required to provide temporary traffic control services, the property owner/developer shall reimburse the City, on a fair- share basis, if applicable, for reasonable costs associated with such Police Department - 30 - PC2014-*** services. 104 The City shall continue to collaborate with the Metropolitan Water District of Southern California (MWD), its member agencies, and the Orange County Water District (OCWD) to ensure that available water supplies meet anticipated demand. If it is forecasted that water demand exceeds available supplies, staff shall recommend to City Council to trigger application of the Water Conservation Ordinance (Anaheim Municipal Code, §10.18), as prescribed, to require mandatory conservation measures as authorized by Sections 10.18.070 through 10.18.090, as appropriate. Public Utilities Department 105 The following practices shall be implemented, as feasible, by the property owner/developer: a. Usage of recycled paper products for stationary, letterhead, and packaging. b. Recovery of materials such as aluminum and cardboard. c. Collection of office paper for recycling. d. Collection of polystyrene (foam) cups for recycling. e. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. Public Works Department 106 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, and as conditioned herein. Planning 107 The use of the dining area of the hotel shall be for paid hotel guests only and shall not be open to the general public. No meals shall be provided or sold to the general public and the dining area shall not operate as a restaurant open to the public. Planning 108 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Code Enforcement 109 The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring uses. Police 110 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit Planning - 31 - PC2014-*** or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 111 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning SITE PHOTOS 1050 WEST BALL ROAD ATTACHMENT NO. 3 A-1SITE PLAN D724-A-1 SITE PLAN D.DWG Staybridge Ball Road Anaheim 1050 W. Ball Road, Anaheim, CA 92802 Wesball LLC Costa Mesa, CA -JANUARY 28, 2013STAYBRIDGEFILENAME:REVISIONS:SHEET NUMBEROF SHEETS IN SERIESSET DATE:FILENAME:DRAWN BY: Phone (951) 302-5444 Fax (951) 302-4446 33533 Pebble Brook Circle Temecula, California 92592 office@rftarch.com www.rftarch.com ARCHITECTURE. PLANNING. DESIGN. rfta 02/05/2014poolBall RoadWest Place required parking:124 rooms x 80% = 99 stallsmeeting room 473 s.f. @ 8/1000 =4 stalls4 employees x .25 = 1 stalltotal required stalls = 104 stallsprovided parking:on grade 11 stallsparking level 1 47parking level 2 46total104 stallsallowable units based upon 80% parkingratio = 138 unitsunit mix & count:lev 1 0 roomslev 22 bdrm king/dq 2 rooms1 bdrm dq 15 roomsstudio dq 6 roomsstudioking 17 roomstotal40 roomslev 32 bdrm king/dq 2 rooms1 bdrm dq 15 roomsstudio dq 8 roomsstudioking 17 roomstotal42 roomslev 42 bdrm king/dq 2 rooms1 bdrm dq 15 roomsstudio dq 8 roomsstudioking 17 roomstotal42 roomstotals2 bdrm king/dq 12 rooms1 bdrm dq 39 roomsstudio dq 22 roomsstudioking 51 rooms124 rooms4lobby &front officedining & serving26216outdoor patio &diningparking level 1SITE PLAN CONCEPT D1/16" = 1'-0"1Vicinity MapStaybridge SuitesExisting Hotel Propertyproperty lineproperty lineproperty lineproperty lineprop linestatisticsapn: 082-112-02082-112-03site area:55,811 s.f.1.28 acresbuilding footprint: 14,397 s.f.number of stories: 4 storiesconstruction: type V-Abuilding area square footagefirst floor:7,927 s.f.second floor: 25,619 s.f.third floor: 25,619 s.f.fourth floor: 25,619 s.f.total building: 84,784 s.f.parking first: 16,083 s.f.parking second: 16,052 s.f.total parking: 32,135 s.f.1xxxxA-115WATER NOTES:CBC 2010 Building Code Items of note:TRAFFIC NOTES:A-1.11ATTACHMENT NO. 4 A-1.1PARKING LOT PLAN724-A-1.1 PARKING LOT PLAN.DWG Staybridge Ball Road Anaheim 1050 W. Ball Road, Anaheim, CA 92802 Wesball LLC Costa Mesa, CA -JANUARY 28, 2013STAYBRIDGEFILENAME:REVISIONS:SHEET NUMBEROF SHEETS IN SERIESSET DATE:FILENAME:DRAWN BY: Phone (951) 302-5444 Fax (951) 302-4446 33533 Pebble Brook Circle Temecula, California 92592 office@rftarch.com www.rftarch.com ARCHITECTURE. PLANNING. DESIGN. rfta 02/05/2014PARKING LOT PLAN1/16" = 1'-0"1A-1.12A-115NO PARKINGUNAUTHORIZED VEHICLES SUBJECT TOTOW-AWAY AT OWNER'S EXPENSECVC 22658 - AMC 14.32.220Anaheim Police Telephone 999-1900. 2UG† SDUW 'HFHPEHU A-138RAMP DOWN1/16" = 1'-0"2A-134A-131A-139A-137A-132LEV 1 ACC PKG1/16" = 1'-0"3 A-2FIRST FLOOR PLAN724-A-2 FIRST FLOOR PLAN.DWG Staybridge Ball Road Anaheim 1050 W. Ball Road, Anaheim, CA 92802 Wesball LLC Costa Mesa, CA -JANUARY 28, 2013STAYBRIDGEFILENAME:REVISIONS:SHEET NUMBEROF SHEETS IN SERIESSET DATE:FILENAME:DRAWN BY: Phone (951) 302-5444 Fax (951) 302-4446 33533 Pebble Brook Circle Temecula, California 92592 office@rftarch.com www.rftarch.com ARCHITECTURE. PLANNING. DESIGN. rfta 02/05/2014pooloutdoor patio & diningfire pitoutdoorliving roomparking level 2board rmpreplobbyregisworkroommenemployeebreak rmlaundryroomexerciseroomguestlaundrysitting roomstairselevlobbywomenmanagersalesbusinesscntrpbxlibrarydining roome.restrmmarketstorlockablestoreFIRST FLOOR PLAN3/32" = 1'-0"12723FIRE DEPARTMENT NOTES: A-3SECOND FLOOR PLAN724-A-3 SECOND FLOOR PLAN.DWG Staybridge Ball Road Anaheim 1050 W. Ball Road, Anaheim, CA 92802 Wesball LLC Costa Mesa, CA -JANUARY 28, 2013STAYBRIDGEFILENAME:REVISIONS:SHEET NUMBEROF SHEETS IN SERIESSET DATE:FILENAME:DRAWN BY: Phone (951) 302-5444 Fax (951) 302-4446 33533 Pebble Brook Circle Temecula, California 92592 office@rftarch.com www.rftarch.com ARCHITECTURE. PLANNING. DESIGN. rfta 02/05/2014elevkingstudio417 s.f.1 bdrmdbl queen525 s.f.kingstudio417 s.f.kingstudio417 s.f.1 bdrmdbl queen525 s.f.1 bdrmdbl queen525 s.f.1 bdrmdbl queen525 s.f.kingstudio417 s.f.kingstudio417 s.f.1 bdrmdbl queen525 s.f.kingstudio417 s.f.kingstudio417 s.f.1 bdrmdbl queen525 s.f.1 bdrmdbl queen525 s.f.1 bdrmdbl queen525 s.f.kingstudio417 s.f.kingstudio417 s.f.1 bdrmdbl queen525 s.f.2 bdrmking/dq831 s.f.2 bdrmking/dq831 s.f.kingstudio417 s.f.kingstudio417 s.f.1 bdrmdbl queen525 s.f.maidsdbl queenstudio417 s.f.dbl queenstudio417 s.f.kingstudio417 s.f.kingstudio417 s.f.kingstudio417 s.f.kingstudio417 s.f.kingstudio417 s.f.dbl queenstudio417 s.f.dbl queenstudio417 s.f.dbl queenstudio417 s.f.kingstudio417 s.f.dbl queenstudio417 s.f.1 bdrmdbl queen525 s.f.1 bdrmdbl queen525 s.f.dbl queenstudio417 s.f.dbl queenstudio417 s.f.elevlobbyelevstairstairelectricalSECOND FLOOR PLAN3/32" = 1'-0"1maids 1 bdrmdbl queen525 s.f.1 bdrmdbl queen525 s.f.1 bdrmdbl queen525 s.f. A-4ROOF PLAN724-A-4 ROOF PLAN.DWG Staybridge Ball Road Anaheim 1050 W. Ball Road, Anaheim, CA 92802 Wesball LLC Costa Mesa, CA -JANUARY 28, 2013STAYBRIDGEFILENAME:REVISIONS:SHEET NUMBEROF SHEETS IN SERIESSET DATE:FILENAME:DRAWN BY: Phone (951) 302-5444 Fax (951) 302-4446 33533 Pebble Brook Circle Temecula, California 92592 office@rftarch.com www.rftarch.com ARCHITECTURE. PLANNING. DESIGN. rfta 02/05/2014elevelevstairtoroofstairtoroofROOF PLAN3/32" = 1'-0"11050 A-5BUILDING ELEVATIONS724-A-4 BUILDING ELEVATIONS.DWG Staybridge Ball Road Anaheim 1050 W. Ball Road, Anaheim, CA 92802 Wesball LLC Costa Mesa, CA -JANUARY 28, 2013STAYBRIDGEFILENAME:REVISIONS:SHEET NUMBEROF SHEETS IN SERIESSET DATE:FILENAME:DRAWN BY: Phone (951) 302-5444 Fax (951) 302-4446 33533 Pebble Brook Circle Temecula, California 92592 office@rftarch.com www.rftarch.com ARCHITECTURE. PLANNING. DESIGN. rfta 02/05/2014MATERIAL & COLOR LEGENDFIRST FLOORT.O. CONCRETESECOND FLOORTHIRD FLOORROOF BEARINGPARAPET 2PARAPET 1STUCCO 5 CORNICE - DE 6184 "Sailcloth"STUCCO 2 BASE - DEC 776 "Courtyard Green"STUCCO 1 FIELD - DE 5310 "Spring Buttercup"STUCCO 4 BAND 2 - DE 6196 "covered Wagon"ALUMINUM WINDOWS - Anodized Light BronzePAINTED METAL - DE 6231 "Shaker Gray" glossSTUCCO 3 BAND 1 - DE 6195 "Prairie Grove"THIRD FLOORparking 2parking 1NORTH ELEVATION3/32" = 1'-0"1PARAPET 31WEST ELEVATION3/32" = 1'-0"2FIRST FLOORT.O. CONCRETESECOND FLOORTHIRD FLOORROOF BEARINGPARAPET 2PARAPET 1THIRD FLOORparking 2parking 1PARAPET 3TOWER2SOUTH ELEVATION3/32" = 1'-0"3FIRST FLOORT.O. CONCRETESECOND FLOORTHIRD FLOORROOF BEARINGPARAPET 2PARAPET 1THIRD FLOORparking 2parking 1PARAPET 3 A-6BUILDING ELEVATIONS ANDSECTIONSBUILDING ELEVATIONS ANDSECTIONS.DWG Staybridge Ball Road Anaheim 1050 W. Ball Road, Anaheim, CA 92802 Wesball LLC Costa Mesa, CA -JANUARY 28, 2013STAYBRIDGEFILENAME:REVISIONS:SHEET NUMBEROF SHEETS IN SERIESSET DATE:FILENAME:DRAWN BY: Phone (951) 302-5444 Fax (951) 302-4446 33533 Pebble Brook Circle Temecula, California 92592 office@rftarch.com www.rftarch.com ARCHITECTURE. PLANNING. DESIGN. rfta 02/05/20141NORTH ELEV SECTION3/32" = 1'-0"2FIRST FLOORT.O. CONCRETESECOND FLOORTHIRD FLOORROOF BEARINGPARAPET 2PARAPET 1THIRD FLOORparking 2parking 1PARAPET 3EAST ELEVATION3/32" = 1'-0"1FIRST FLOORT.O. CONCRETESECOND FLOORTHIRD FLOORROOF BEARINGPARAPET 2PARAPET 1THIRD FLOORparking 2parking 1PARAPET 3MATERIAL & COLOR LEGENDSTUCCO 5 CORNICE - DE 6184 "Sailcloth"STUCCO 2 BASE - DEC 776 "Courtyard Green"STUCCO 1 FIELD - DE 5310 "Spring Buttercup"STUCCO 4 BAND 2 - DE 6196 "covered Wagon"ALUMINUM WINDOWS - Anodized Light BronzePAINTED METAL - DE 6231 "Shaker Gray" glossSTUCCO 3 BAND 1 - DE 6195 "Prairie Grove"2EAST ELEV SECTION3/32" = 1'-0"3SECOND FLOORTHIRD FLOORROOF BEARINGPARAPET 2PARAPET 1THIRD FLOORparking 2parking 1PARAPET 3SOUTH ELEV SETION3/32" = 1'-0"4FIRST FLOORT.O. CONCRETESECOND FLOORTHIRD FLOORROOF BEARINGPARAPET 2PARAPET 1THIRD FLOORparking 2parking 1PARAPET 3 A-7ENLARGED FIRST FLOOR724-A-7 ENLARGED FIRST FLOOR.DWG Staybridge Ball Road Anaheim 1050 W. Ball Road, Anaheim, CA 92802 Wesball LLC Costa Mesa, CA -JANUARY 28, 2013STAYBRIDGEFILENAME:REVISIONS:SHEET NUMBEROF SHEETS IN SERIESSET DATE:FILENAME:DRAWN BY: Phone (951) 302-5444 Fax (951) 302-4446 33533 Pebble Brook Circle Temecula, California 92592 office@rftarch.com www.rftarch.com ARCHITECTURE. PLANNING. DESIGN. rfta 02/05/2014pooloutdoor patio & diningfire pitoutdoorliving roomboard rmpreplobbyregisworkroomwomenemployeebreak rmlaundryroomexerciseroomguestlaundrysitting roomstairselevlobbymanagersalesbusinesscntrpbxlibrarydining roommarketstorENLARGED FIRST FLOOR PLAN3/16" = 1'-0"1vestibuleservingdining roommenstore.restrmstairsgarage exit A-8ENLARGED UNIT PLANS724-A-8 ENLARGED UNIT PLANS.DWG Staybridge Ball Road Anaheim 1050 W. Ball Road, Anaheim, CA 92802 Wesball LLC Costa Mesa, CA -JANUARY 28, 2013STAYBRIDGEFILENAME:REVISIONS:SHEET NUMBEROF SHEETS IN SERIESSET DATE:FILENAME:DRAWN BY: Phone (951) 302-5444 Fax (951) 302-4446 33533 Pebble Brook Circle Temecula, California 92592 office@rftarch.com www.rftarch.com ARCHITECTURE. PLANNING. DESIGN. rfta 02/05/2014kingstudio417 s.f.KING STUDIO3/8" = 1'-0"12 bdrmking848 s.f.12 BEDROOM KING3/8" = 1'-0"21 bdrmdbl queen571 s.f.1 BEDROOM DBL QUEEN3/8" = 1'-0"41 bdrmking528 s.f.1 BDRM DBL QUEEN 23/8" = 1'-0"3 A-9SITE SURVEYSITE SURVEY.DWG Staybridge Ball Road Anaheim 1050 W. Ball Road, Anaheim, CA 92802 Wesball LLC Costa Mesa, CA -JANUARY 28, 2013STAYBRIDGEFILENAME:REVISIONS:SHEET NUMBEROF SHEETS IN SERIESSET DATE:FILENAME:DRAWN BY: Phone (951) 302-5444 Fax (951) 302-4446 33533 Pebble Brook Circle Temecula, California 92592 office@rftarch.com www.rftarch.com ARCHITECTURE. PLANNING. DESIGN. rfta 02/05/2014.ž4ž.ž4ž4ž.ž4ž.ž.ž4ž0ž'ž ž ž 5ž9 ž5ž'žž5ž'ž5ž9 žžžSITE SURVEY1/16" = 1'-0"112364598711101213141516PHOTO KEY1PHOTO DIRECTIONINDICATED BY ANGLE - SEEPHOTO SHEET FORNUMBERED PHOTOS17181920212225242326 A-10SIGN PLAN724-A-10 SIGN PLAN.DWG Staybridge Ball Road Anaheim 1050 W. Ball Road, Anaheim, CA 92802 Wesball LLC Costa Mesa, CA -JANUARY 28, 2013STAYBRIDGEFILENAME:REVISIONS:SHEET NUMBEROF SHEETS IN SERIESSET DATE:FILENAME:DRAWN BY: Phone (951) 302-5444 Fax (951) 302-4446 33533 Pebble Brook Circle Temecula, California 92592 office@rftarch.com www.rftarch.com ARCHITECTURE. PLANNING. DESIGN. rfta 02/05/2014BUILDING SIGN FRONT3/8" = 1'-0"2BUILDING SIGN WEST3/8" = 1'-0"4 A-11TRASH ENCLOSURE724-A-11 TRASH ENCLOSURE.DWG Staybridge Ball Road Anaheim 1050 W. Ball Road, Anaheim, CA 92802 Wesball LLC Costa Mesa, CA -JANUARY 28, 2013STAYBRIDGEFILENAME:REVISIONS:SHEET NUMBEROF SHEETS IN SERIESSET DATE:FILENAME:DRAWN BY: Phone (951) 302-5444 Fax (951) 302-4446 33533 Pebble Brook Circle Temecula, California 92592 office@rftarch.com www.rftarch.com ARCHITECTURE. PLANNING. DESIGN. rfta 02/05/2014A-1119A-1112A-111916A-1111A-116A-111A-112A-117A-1112 SECTION AT TRASH ENCLOSURE ROOFA-1112A-1117A-1117 A-12ENLARGED ACCESSIBLEPARKINGA-12 ENLARGED ACCESSIBLEPARKING.DWG Staybridge Ball Road Anaheim 1050 W. Ball Road, Anaheim, CA 92802 Wesball LLC Costa Mesa, CA -JANUARY 28, 2013STAYBRIDGEFILENAME:REVISIONS:SHEET NUMBEROF SHEETS IN SERIESSET DATE:FILENAME:DRAWN BY: Phone (951) 302-5444 Fax (951) 302-4446 33533 Pebble Brook Circle Temecula, California 92592 office@rftarch.com www.rftarch.com ARCHITECTURE. PLANNING. DESIGN. rfta 02/05/20141SITE ACCESSIBLE STALLS1/4" = 1'-0"2P1 ACCESSIBLE STALLS1/4" = 1'-0"3P2 ACCESSIBLE STALLS1/4" = 1'-0" A-13SIGNAGE DETAILS724-A-13 SIGNAGE DETAILS.DWG Staybridge Ball Road Anaheim 1050 W. Ball Road, Anaheim, CA 92802 Wesball LLC Costa Mesa, CA -JANUARY 28, 2013STAYBRIDGEFILENAME:REVISIONS:SHEET NUMBEROF SHEETS IN SERIESSET DATE:FILENAME:DRAWN BY: Phone (951) 302-5444 Fax (951) 302-4446 33533 Pebble Brook Circle Temecula, California 92592 office@rftarch.com www.rftarch.com ARCHITECTURE. PLANNING. DESIGN. rfta 02/05/2014A-131A-136 A-14STANDARD WATER DETAILS724-A-14 STANDARD WATERDETAILS.DWG Staybridge Ball Road Anaheim 1050 W. Ball Road, Anaheim, CA 92802 Wesball LLC Costa Mesa, CA -JANUARY 28, 2013STAYBRIDGEFILENAME:REVISIONS:SHEET NUMBEROF SHEETS IN SERIESSET DATE:FILENAME:DRAWN BY: Phone (951) 302-5444 Fax (951) 302-4446 33533 Pebble Brook Circle Temecula, California 92592 office@rftarch.com www.rftarch.com ARCHITECTURE. PLANNING. DESIGN. rfta 02/05/2014 A-15SITE LIGHTING PLAN724-A-15 SITE LIGHTING PLAN.DWG Staybridge Ball Road Anaheim 1050 W. Ball Road, Anaheim, CA 92802 Wesball LLC Costa Mesa, CA -JANUARY 28, 2013STAYBRIDGEFILENAME:REVISIONS:SHEET NUMBEROF SHEETS IN SERIESSET DATE:FILENAME:DRAWN BY: Phone (951) 302-5444 Fax (951) 302-4446 33533 Pebble Brook Circle Temecula, California 92592 office@rftarch.com www.rftarch.com ARCHITECTURE. PLANNING. DESIGN. rfta 02/05/2014SITE LIGHTING PLAN1/16" = 1'-0"1 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: FEBRUARY 24, 2014 SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT NO. 4156 (CONDITIONAL USE PERMIT NO. 4156C) LOCATION: 5401 East La Palma Avenue (Rusnak Jaguar/Land Rover) APPLICANT/PROPERTY OWNER: The applicant is David Leckie and the property owner is MCP SoCal Industrial – Canyon LLC. REQUEST: The applicant is requesting to amend a conditional use permit for an existing automobile sales facility in order to expand the showroom by 2,000 square feet. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving an amendment to Conditional Use Permit No. 4156. BACKGROUND: This approximate 12-acre property is developed with an industrial office complex and two automotive dealerships. The property is located in the Northeast Area Specific Plan, Development Area 2 – Expanded Industrial Area (SP94-1, DA2) zone. Surrounding uses include industrial related offices to the north, an automotive dealership to the west, industrial uses to the south across La Palma Avenue, and a medical office building to the east. The General Plan designates this property for Low density office uses. Previous Entitlements: Conditional Use Permit No. 4156, to permit an automobile dealership at this location, was approved in 1999. In 2003, the conditional use permit was amended to allow the expansion of the dealership into adjacent tenant spaces. PROPOSAL: The applicant proposes an amendment to the conditional use permit to allow a 2,000 square foot expansion of the existing showroom area. This area is currently utilized as a landscaped planter area. The proposed expansion would allow a larger showroom area while allowing for reconfiguration of interior office and storage areas. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 4156 February 24, 2014 Page 2 of 2 ANALYSIS: A Conditional Use Permit is required for automotive facilities in this zone to determine compatibility with adjacent uses. This automobile dealership has been operating at this location for over 15 years in a manner compatible with the surrounding area. The architectural design of the new building elevation integrates seamlessly with the existing building façade. While the proposed showroom expansion has a parking demand of five parking spaces, the parking demand for the dealership will actually decrease because of the reduction of square footage in areas currently designated for offices and storage. Staff recently inspected the property and found it to be well-maintained. CONCLUSION: The request to allow the expansion of the dealership is consistent with the goals of the Northeast Area Specific Plan which are intended to encourage the growth of existing businesses. The existing auto dealership has been operating at this location for several years and the proposed expansion has been designed in a manner that ensures on-going compatibility with surrounding uses. Staff recommends approval of this Conditional Use Permit No. 4156C. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Letter of Operation The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 4. Site and Floor Plans 5. Elevation Plan 6. Site Photographs SP 94-1 (SC)DA2INDUSTRIAL SP 94-1 (SC)DA2MERCEDES BENZCAR DEALERSHIP SP 94-1 (SC)DA2INDUSTRIAL SP 94-1 (SC)DA2MERCEDES BENZCAR DEALERSHIP SP 94-1 (SC)DA2ANAHEIMHILLSHEALTHPLAZA SP 94-1 (SC)DA2OFFICE S SP 94-1 (SC)DA2INDUSTRIAL SP 94-1 (SC)DA2INDUSTRIAL SP 94-1 (SC)DA2MERCEDES BENZCAR DEALERSHIP SP 94-1 (SC)DA2CANYONOFFICECENTER SP 94-1 (SC)DA 2INDUSTRIALSP 94-1 (SC)DA2INDUSTRIALSP 94-1 (SC)DA2RELIGIOUS USE SP 94-1 (SC)DA2OFFICES E L A P A L M A A V E E ORANGETHORPE AVE N BRASHER STE HUNTER AVE E. LA PALMA AVE N. IMPERIAL HWYN.LAKEVI EWA V E E .S A N T A A N A C A N Y O NRDN.KELLOGGDRE. SA NTA A NA CA N Y O N R D E .LAP A LMAAVE540 1 E a s t La Palm a A v e n u e D E V No . 2 01 3 -0 0 13 5 Subject Property APN: 34 6-261-06 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l P hoto :Ma y 2012 E L A P A L M A A V E E ORANGETHORPE AVE N BRASHER STE HUNTER AVE E. LA PALMA AVE N. IMPERIAL HWYN.LAKEVI EWA V E E .S A N T A A N A C A N Y O NRDN.KELLOGGDRE. SA NTA A NA CA N Y O N R D E .LAP A LMAAVE540 1 E a s t La Palm a A v e n u e D E V No . 2 01 3 -0 0 13 5 Subject Property APN: 34 6-261-06 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l P hoto :Ma y 2012 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 4156 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-000135) (5401 EAST LA PALMA AVENUE) WHEREAS, on October 25, 1999, and subject to certain conditions of approval, the Anaheim City Council, by its Resolution No. PC99-187, did approve Conditional Use Permit No. 4156 to permit an automobile dealership within an existing industrial/office complex (herein referred to as the "Original CUP") on that certain real property located at 5401 East La Palma Avenue in the City of Anaheim, generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, on March 10, 2003, the Planning Commission, by its Resolution No. PC2003-41, approved an amendment to the Original CUP to expand the existing automobile dealership into adjacent tenant spaces. The Original CUP, together with the aforementioned amendment thereto, shall be referred to herein collectively as the "CUP"; and WHEREAS, the Planning Commission did receive a verified petition to amend Conditional Use Permit No. 4156 to permit a 2,000 square foot showroom expansion area pursuant to Section 18.60.190 of the Anaheim Municipal Code (the "Code"). Said amendment is designated as Conditional Use Permit No. 4156C; and WHEREAS, the Property is approximately 12.2 acres in size and is developed with two automobile dealerships and industrial offices. The Property is located in the Expanded Industrial Area (Development Area 2) of the Northeast Area Specific Plan Area and is subject to the zoning and development standards described in Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) of the Code. The Land Use Element of the Anaheim General Plan designates the Property for Industrial land uses; and WHEREAS, on February 24, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by Resolution No. 95R-134 and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 4156C, and to investigate and make findings and recommendations in connection therewith; 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 finds and determines that the proposed 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 proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2014-*** 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. 4156C, does find and determine the following facts: 1. The request to permit a 2,000 square foot showroom expansion is properly one for which a conditional use permit is authorized under paragraph .0544 of subsection .050 of Section 18.120.070 [Land Use And Development Standards – Expanded Industrial Area (Development Area 2)] of the Code under the conditions imposed. 2. The showroom expansion area, under the conditions imposed, will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the expansion will be compatible with the surrounding industrial uses in the area. 3. The size and shape of the site for the showroom expansion area 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 site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 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 site is adequate in size to accommodate the expansion without increasing impacts on the surrounding area. 5. The granting of Conditional Use Permit No. 4156C under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an integrated land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 4156C, 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 condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that Conditional Use Permit No. 4156C 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 of Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. - 3 - PC2014-*** BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 4156C 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 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 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 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 findings hereinabove set forth. BE IT FURTHER RESOLVED that except as amended herein, all conditions of approval contained in Resolution Nos. 99-187and PC2003-41 shall remain in full force and effect. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 24, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of the City Council in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 24, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of February, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2014-*** - 6 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 4156C (DEV2013-00135) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division 2 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division 3 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning Department, Planning Services Division HOK 9530 Jefferson Boulevard | Culver City, CA 90232 USA t +1 310 838 9555 f +1 310 838 9586 hok.com February 18, 2014 Ms. Vanessa Norwoord Associate Planner City of Anaheim Planning Department 200 S. Anaheim Blvd., Suite 162 Anaheim, CA 92805 Re: RUSNAK Jaguar Land Rover Expansion and Tenant Improvement 5401 East La Palma Ave. Anaheim Hills, CA 92807 TO WHOM IT MAY CONCERN: Dear Ms. Norwood, HOK is please to submit documents to request approval for the expansion of the existing RUSAK automobile dealership located at 5401 East La Palma Avenue in Anaheim Hills. The project involves the consolidation of existing Jaguar and Land Rover dealerships into a single location. The work involves a 2,037 square foot expansion of the existing building, of which 1,801 square feet is expansion of showroom space and 235 square feet is expansion of office space. Exterior Work includes modification and expansion of the exterior façade on the south portion of the site facing La Palma Avenue, and the construction of a canopy to cover the service drop-off area located on the drive located on the east side of the building. Interior Work includes demolition of existing interior offices and reconfiguration of showroom, office and customer service areas. The Work also includes modifications to the site including landscaping, signage (to be approved under a separate permit), parking, and vehicle display areas. Respectfully submitted, David P. Leckie Architect HOK ATTACHMENT NO. 3 E LA PALMANEW MONUMENT SIGNNEW MONUMENT SIGNNEW CUSTOMER PARKING STRIPINGNEW DISPLAY CARPARKING STRIPINGNEW DISPLAY PARKING STRIPINGNEW LANDSCAPINGEXISTING JAGUARPORTICONEW CONCRETE WALKWAYNEWCONCRETERAMPNEW 2042 SFADDITION(E) LANDSCAPINGDASHED INDICATES EXISTINGBUILDING AREA OF EXPANSIONJAGUAR LAND ROVERSHOWROOM6934 SF (EXISTING)8976 SF (W/ADDITION)MB ENTRY STATEMENT ADDITIONAREA NICJLR WORKSHOP &SERVICE CENTERJLR WORKSHOP &SERVICE CENTERJLR CPO SHOWROOMINVENTORY STORAGE(E)(E)(E)(E)(E)(E)510112016131071A102372019EXISTING PARKINGEXISTING PARKINGEXISTING PARKINGEXISTING PARKING16164586EXISTING PARKINGEXISTING PARKINGEXISTINGPARKING2EXISTING PARKING24INVENTORY STORAGE114PROPERTYLINEDASHED INDICATESNEW EXTERIORSERVICE CANOPYNEW 2764 SFCANOPYPARKIG LOAD TABULATION - REMODELED FACILITYUSEAREA USFPARKING RATIOPARKING REQUIREDOFFICE6,8374/100027.35SHOWROOM11,3092.5/100028.27STORAGE4,6335.5/100025.5TOATL FLOOR OCCUPANCY LOAD:81.1222,779PARKING PROVIDED87PARKIG LOAD TABULATION - EXISTING FACILITYUSEAREA USFPARKING RATIOPARKING REQUIREDOFFICE77784/100031.112SHOWROOM8712.5/10002.178STORAGE78555.5/100043.20TOATL FLOOR OCCUPANCY LOAD:101.621,075PARKING PROVIDEDSTORAGE45715.5/100025.14PROJECT DESIGNATEDPARKINGAREA OF ADDITIONEXISTING BUILDINGS WITHIN THESCOPE OF WORKPROPERTY LINEVEHICLUAR CIRCULATIONNUMBER OF PARKING STALLSOVERALL SITE PLAN LEGENDXXAs indicated001OVERALL SITE PLANEXISTING JAGUAR / LAND ROVER SHOWROOM T.I. AND EXPANSION13.24015.00 3/64" = 1'-0"1OVERALL SITE PLANENLARGED AREALOT PLANNTSATTACHMENT NO. 4 UPUP(N) CONCRETE PAVINGPROPERTY LINEAREA OF (N) ADDITION25'-0" HIGH POLE LIGHT QUAD LAMP:MFR: LSITYPE: XSB FRAX LEDCOLOR: BUFFNOTE: REFER TO ELECTRICAL DRAWING FOR ADDITIONAL INFORMATION25'-0" HIGH POLE LIGHT TRI LAMP:MFR: LSITYPE: XSB FRAX LEDCOLOR: BUFFNOTE: REFER TO ELECTRICAL DRAWING FOR ADDITIONAL INFORMATION25'-0" HIGH POLE LIGHT BI LAMP:MFR: LSITYPE: XSB FRAX LEDCOLOR: BUFFNOTE: REFER TO ELECTRICAL DRAWING FOR ADDITIONAL INFORMATIONSITE PLAN LEGENDREFERENCED SITE PLAN NOTES1.NEW CONCRETE PAVING2.EXISTING ASPHALT PAVING3.NEW 6" CONCRETE CURB4.NEW JAGUAR EXTERNAL DISPLAY PLINTH. SEE 3 / 003 ON THIS SHEET.5.NEW CONCRETE WALKWAY6.EXISTING PALM TREE - PROTECT AND PRESERVE AS REQUIRED DURING CONSTRUCTION7.NEW PARKING STALL STRIPING8.EXISTING PARKING STALLS9.NEW 40' HIGH MONUMENT SIGN10.NEW POLE LIGHTING - SEE REFLECTED CEILING PLAN FOR SPECIFICATIONS11.EXISTING POLE LIGHTING TO REMAIN12.LAND ROVER ROCK ARTICULATION DISPLAY AREA AS REQUIRED BY LAND ROVER GUIDELINES13.LAND ROVER OFF ROAD DEMONSTRATION COURSE AS REQUIRED BY LAND ROVER GUIDELINES.SEE 2 / 00314.EXISTING LANDSCAPING15.NEW 2042 SF BUILDING ADDITION (HATCHED AREA). SEE CONSTRUCTION PLAN16.CONCRETE WHEEL STOP17.EXISTING CONCRETE CURB, VIF18.NEW CONCRETE RAMP19.EXISTING CONCRETE SLAB20.OUTLINE OF CANOPY ABOVE - SEE ROOF PLAN21.NEW ASPHALT PAVING22.LANDSCAPING: PHORMIUM 'BLONDIE' 24" HT DWARF NEW ZEALAND FLAX23.LANDSCAPING: FESTUCA GLAUCA 12" HT BLUE FESCUE24.LANDSCAPING: LIRIOPE MUSCAN 12" HT25.LANDSCAPING: PHORMIUM ' JESTER' 18" HT FIESTA NEW ZEALAND FLAX26.LANDSCAPING: NESELLA TENUISSIMA 24" HT MEACAN FEATHERGRASS27.LANDSCAPING: PHORMIUM ' EMERLAND GEM' 24" HT DWARF NEW ZEALAND FLAXHGFEDH1E LA PALMA(E) ASPHALT PAVINGNOPARKING(E)1779232'-0" TYP18'-0" TYP.9'-0"10'-11 3/4"18'-0"24'-0" VIF56'-0"1:12MAXSLOPE1:12MAXSLOPE6'-0"4'-0"9'-6"566666UP10'-0"DOOREQEQ18191975'-2 1/4"R 2'-7 1/4"R 2'-7 1/4"5'-2 1/2"88'-6 5/8"R 9'-4 7/8"R 10'-3 3/8"R 1 7 '-0 "R 4'-10 5/8"R 7'-5 5/8"1010101010161:12MAXSLOPEUP18'-0"24'-0"18'-0"15'-6 3/4"18'-1"R 3'-0"87'-7 1/8"65'-0"ALIGNALIGNALIGNALIGN 173317'-8"1733111111146"101019181833171733121422225'-5"4'-2"DOOR1915101013ALIGN50'-0"10232425262727272526272726252423222227272625242423237 '-0 "R 9'-0"546" DIA. TO 20" DIA. STONES SET IN SLOPINGCONCRETE SLAB-ON-GRADE, PROVIDEMINIMAL CONCRETE EXPOSURE, BY HANDFITTING STONES. EMBED STONES MIN. 50%IN CONCRETE.STONE SURFACE MINIMUM ELEVATIONABOVE SURROUNDING PAVEMENT (TYP.)SCHEMATICSECTIONPERIMETER CONCRETEPAVING ASSUMEDELEVATION = 0"ROTATE ARTICULATIONTO MATCH SITE PLANNOTE: PROVIDE STOPBEHIND HIGHEST ROCKPROVIDE REMOVABLEPOST IN CONDUIT FORVEHICLE PLACEMENTPLAN VIEW0"+2'-0"+3'-0"+1'-6"+6"0"0"0"10'-0" RMAX. HT. STONE = 36"MIN. HT. STONE &CONC. PAVING = 6"SECTION AASECTION AFOR INFORMATIONREGARDING ROCKARTICULATIONDISPLAY,CONTACT JOHNCUMMINGS(832) 577-1110NOTE: NATURALPLANTING/LANSCAPING ISREQUIRED AROUND THEEXTERNAL DISPLAYTYP. AT PLANTING AREAS:NATURAL INDIGINEOUSGRASSES AND SMALLSHRUBSWILLIAMLYONSQUOTEGROUND LEVELSECTION AACONCRETE FOOTING ANDPLINTH TO BE DESIGNEDBY PROFESSIONALENGINEERWILLIAM LYONSQUOTE EMBOSSED INBRUSHED STAINLESSSTEEL PLATE AND SETIN TILETROUGHS TO BE FILLEDHALF WAY WITH STONEPIECES - SEE TROUGHDETAIL ABOVEFLAT CONCRETE BASENOT TO SCALETROUGH DETAIL24"x24" BLACK TILES(ET-1) WITH BLACKGROUTLOOSE LANDSCAPEPEBBLES GRAY/BLACKAND ASSORTEDMEDIUM SIZE PEBBLES,1" TO 2"24"x24" TILE (ET-1) ORSCORED BLACK STAMPEDCONCRETE FINISHCONCRETE EDGE18'-0".As indicated003SITE & LANDSCAPE PLANEXISTING JAGUAR / LAND ROVER SHOWROOM T.I. AND EXPANSION13.24015.00 1" = 10'-0"1SITE PLAN_PLANNING 1/8" = 1'-0"2LAND ROVER EXTERIOR DISPLAYPLINTH_PLANNING 1/8" = 1'-0"3JAGUAR EXTERIOR DISPLAY PLINTH_PLANNING EXISITNG STRIPING TO REMAIN44'-1 1/2"31241512511109876129141315'-1 1/2"23'-10"10'-0"20'-11"1581616161616101718ALIGNALIGNALIGN16G ABBBDDFEFFDEMOLITION LEGENDEXISTING CONSTRUCTION PARTITION, DOOR, GLAZING AND FRAMES TOREMAINEXISTING PARTITION, DOOR, GLAZING AND FRAMES TO BE REMOVEDAREA NOT IN CONTRACTCEILING DEMOLITION LEGENDAREA OF DEMOLISHED CEILING AND LIGHTS.EXISTING APC GRID AND TILE SYSTEM TO REMAIN.REFERENCED DEMOLITION NOTES1.REMOVE (E) FLOORING AND PREP FOR NEW SCHEDULED FINISH.2.DEMOLISH (E) ROOF SKYLIGHTS.3.REMOVE (E) PARTIAL HEIGHT WALL FURRING.4.REMOVE (E) WINDOW BARS. PARTCH HOLES AND PREP FOR NEW FINISH.5.(E) INTERIOR FINISHES AND CEILING TO REMAIN, UON.6.DEMOLISH EXISTING STOREFRONT SYSTEM AND PREP FOR NEW STOREFRONT.7.PATCH AND REPAIR (E) STUCCO FINISH AND PREP FOR NEW PAINT.8.DEMOLISH EXISTING STUCCO FACADE PANELS AND PREP FOR NEW FACADE PANELS.9.REMOVE EXISTING POLE LIGHTS AND SALVAGE FOR POSSIBLE REUSE, TYP.10.EXISTING LANDSCAPING TO BE DEMOLISHED . PREP SITE FOR NEW CONSTRUCTION.11.DEMOLISH SECTIONS OF EXISTING TILT-UP CONCRETE WALL. SEE CONSTRUCTION PLAN FOR ADDITIONALINFORMATION..12.13.DEMOLISH (E) ASPHALT AND PREP FOR (N) CONC AS SCHEDULED.14.REMOVE (E) SIGN.15.DEMOLISH TREE / LANDSCAPING.DEMOLISH (E) CURB.16.(E) TREE TO REMAINDEMOLISH ACOUSTIC CEILNIG17.DEMOLISH SECTION OF EXISTING CURB18.TREE LEGENDPINE TREE TO BE REMOVEDCARROT WOOD TREE TO BE REMOVEDMEXICAN FAN PALMS TO REMAINFICUS TREE TO BE REMOVEDPYGMY DATE PALM TO BE REMOVEDABEUCALYPTUS TREE TO BE REMOVEDCDEFMEXICAN FAN PLAM TREE TO BE REMOVEDGAs indicated002DEMOLITION PLANEXISTING JAGUAR / LAND ROVER SHOWROOM T.I. AND EXPANSION13.24015.00 3007200710071345678HGFEDCBAH12NEW CARDELIVERY102JAGUAR SALESMANAGER104GM105WOMEN113MEN112F & I108F & I109KID'S PLAY110ELEC123SHOWROOM101CUSTOMERLOUNGE122SHOWROOMAREA121CUSTOMERWKSTNS111SHOWROOM120RECEPTION100JAN107A3AA3AA3AA3A1041054'-5"H2H1H1H1H1H1H1H1H1H1100120102BRETAIL /CASHIERCOUNTER140MEETINGROOM139GREETER147SERVICEMANAGER131COFFEE BAR142BOUTIQUEDISPLAY141OFFICE116OFFICE117OFFICE118OFFICE119SALES ASSOC.145SALES ASSOC.146SERVICEADVISORS132SHOWROOM138A3AA3A116117118119139140131147138A132AA3AA3AA5AA5AA5AA3AA5AA5AA5AA3AP5102A108 109 110107113112123101B138B11'-8 1/2"11'-10 7/8"14'-8 5/8"ALIGNALIGN132 ALIGN ALIGNALIGN 19'-3 1/2"11'-8 1/2"11'-10 7/8"17'-7 7/8"7'-8"12'-8 5/8"17'-1 5/8"11'-10 7/8"12'-0 1/8"14'-6"9'-10 1/2"11'-8 1/2"E123443567788G3TG3TG3TG3TG3TALIGNALIGNALIGN1'-10 1/8"1'-4"1'-4"9'-4"1'-4"9'-4"ALIGN19'-11 1/2"20'-0"20'-0"20'-0"20'-0"20'-0 1/2"COPY149G24007FLOOR PLAN LEGEND(E) PARTITION OR CONSTRUCTION TO REMAIN(E) ROOM OR ZONE TO REMAIN, NOT INCLUDED IN THIS SCOPE OF WORKFIRE EXTINGUISHER CABINET - BUILDING STANDARD MINIMUM;UON, (N) STEEL, SOLID FLUSH PANEL, FULLY RECESSED; BLACK DECAL;ABC MULTI-PURPOSE DRY CHEMICAL EXTINGUISHER #3010, 10LB, UL RATED 4a-80bc.REFER TO SHEET A100 FOR LOCATIONS.NEW CASEWORK / MILLWORK, COORDINATE WITH POWER & DATA PLANNEW GLAZED OPENING WITH ALUM OR HM FRAME AS INDICATEDNEW DOOR, DOOR IDENTIFIER ASSEMBLY AS INDICATED ON DOOR SCHEDULEFEC 101ANEW GYP BD PARTITION, REFER TO PARTITION TYPE GENERAL NOTES ON SHEETA 911 FOR TYPE.XXXREFER TO SHEET A911 FOR PARTITION TYPES.REFERENCED CONSTRUCTION NOTES1.OUTLINE OF (E) SOFFIT ABOVE.2OUTLINE SUSPENDED CEILING3OUTLINE OF TRUSS ABOVE, TYP.4NEW HSS COLUMN, TYP. SEE STRUCTURAL DRAWINGS5OUTLINE OF ARTIFACT SHELF ABOVE6NEW CONCRETE RAMP7SLOPE UP 1:12 MAX8OUTLINE OF ROOF ABOVE8OUTLINE OF ROOF ABOVE9NEW STOREFRONT SYSTEM. INFILL EXISTING OPENING WITH CW-1, G-4.10ALUMINUM GLAZING SYSTEM: CW-1, G-4.11LAND ROVER TOWER: ACM-312LAND ROVER FREESTANDING ADVENTURE CENTER, INTERIOR OF LANDMARK TOWERAs indicated004CONSTRUCTION PLANEXISTING JAGUAR / LAND ROVER SHOWROOM T.I. AND EXPANSION13.24015.00 LEVEL 10"Level 1 CLG8' - 10"PARAPET20' - 0"ROOF19' - 0"T.O. RIDGE24' - 8"NEW CEMENT PLASTER FACIA WITH REVEALNEW GLASS STOREFRONT WITH ANODIZEDALUMINUM MULLIONSEXISTING COLUMNS, TO REMAIN,TYP. PATCH AND REPAINT COVERSEXISTING PORTICO WITH UPDATED ILLUMINATED SIGNAGENEW CEMENT PLASTER FACIA WITH REVEALNEW GLASS STOREFRONT WITH ANODIZEDALUMINUM MULLIONSNEW ILLUMINATED DEALER SIGNAGENEW ILLUMINATED LANDROVER OVAL SIGNAGESTACKED STONE FACADELAND ROVER LANDMARKTOWER: ALUMINUMCOMPOSITE MATERIAL (ACM)PANEL.ACM PANEL JOINT, TYPSTANDING SEAM METAL ROOFALUMINUM CURTAIN WALLSYSTEM27'-0"JAGUAR LAND ROVEROF ANAHEIM HILLSLEVEL 10"PARAPET20' - 0"CEMENT PLASTER FACIA WITH REVEALSSERVICE CANOPY WITH CEMENT PLASTER FINISH18'-0"10'-4 5/8"7'-2"EXISTING BUILDING FACADE BEYONDEXISTING WINDOWS, TYP.NEW GLASS STOREFRONT ENTRANCE15'-0 3/8"T.O. RIDGE24' - 8"STACKED STONE FACADESTANDING SEAM METAL ROOFALUMINUM CURTAIN WALLSYSTEMLAND ROVER LANDMARKTOWER: ALUMINUMCOMPOSITE MATERIAL (ACM)PANEL.EXISTING CONC WALLEXISTINGNEW CONSTRUCTION1/8"6'-7 7/8"5'-0 1/2"19'-7 1/2"LEVEL 10"PARAPET20' - 0"3'-0"15'-0"6"1'-6"1'-10 3/8"ROUND CEMENTPLASTER COLUMNCOVERCEMENT PLASTERCANOPY FACIAILLUMINATED SIGNAGEEXISTING BUILDING 3/16" = 1'-0"007EXTERIOR ELEVATIONSEXISTING JAGUAR / LAND ROVER SHOWROOM T.I. AND EXPANSION13.24015.00 3/16" = 1'-0"SOUTH EXTERIOR ELEVATION1SOUTH EXTERIOR ELEVATION 3/16" = 1'-0"2EAST EXTERIOR ELEVATION 3/16" = 1'-0"3WEST EXTERIOR ELEVATION_PLANNING 3/16" = 1'-0"4SOUTH ELEVATION AT CANOPY_PLANNING UPUP461, 2537 '-0 1 /4 "50'-3 1/2" 1/16" = 1'-0"006SIGNAGE PLANEXISTING JAGUAR / LAND ROVER SHOWROOM T.I. AND EXPANSION13.24015.001, 2 - WALL TOWER SIGNAGE3 - SERVICE SIGN AT CANOPY4 - SIGNAGE AT TOWER5 - SIGNAGE AT SHOWROOM ENTRY6 - SIGNAGE AT SHOWROOM ENTRY LEVEL 10"Level 1 CLG8' - 10"PARAPET20' - 0"ROOF19' - 0"T.O. RIDGE24' - 8"NEW CEMENT PLASTER FACIA WITH REVEALNEW GLASS STOREFRONT WITH ANODIZEDALUMINUM MULLIONSEXISTING COLUMNS, TO REMAIN,TYP. PATCH AND REPAINT COVERSEXISTING PORTICO WITH UPDATED ILLUMINATED SIGNAGENEW CEMENT PLASTER FACIA WITH REVEALNEW GLASS STOREFRONT WITH ANODIZEDALUMINUM MULLIONSNEW ILLUMINATED DEALER SIGNAGENEW ILLUMINATED LANDROVER OVAL SIGNAGESTACKED STONE FACADELAND ROVER LANDMARKTOWER: ALUMINUMCOMPOSITE MATERIAL (ACM)PANEL.ACM PANEL JOINT, TYPSTANDING SEAM METAL ROOFALUMINUM CURTAIN WALLSYSTEM27'-0"JAGUAR LAND ROVEROF ANAHEIM HILLSLEVEL 10"PARAPET20' - 0"CEMENT PLASTER FACIA WITH REVEALSSERVICE CANOPY WITH CEMENT PLASTER FINISH18'-0"10'-4 5/8"7'-2"EXISTING BUILDING FACADE BEYONDEXISTING WINDOWS, TYP.NEW GLASS STOREFRONT ENTRANCE15'-0 3/8"T.O. RIDGE24' - 8"STACKED STONE FACADESTANDING SEAM METAL ROOFALUMINUM CURTAIN WALLSYSTEMLAND ROVER LANDMARKTOWER: ALUMINUMCOMPOSITE MATERIAL (ACM)PANEL.EXISTING CONC WALLEXISTINGNEW CONSTRUCTION1/8"6'-7 7/8"5'-0 1/2"19'-7 1/2"LEVEL 10"PARAPET20' - 0"3'-0"15'-0"6"1'-6"1'-10 3/8"ROUND CEMENTPLASTER COLUMNCOVERCEMENT PLASTERCANOPY FACIAILLUMINATED SIGNAGEEXISTING BUILDING 3/16" = 1'-0"007EXTERIOR ELEVATIONSEXISTING JAGUAR / LAND ROVER SHOWROOM T.I. AND EXPANSION13.24015.00 3/16" = 1'-0"SOUTH EXTERIOR ELEVATION1SOUTH EXTERIOR ELEVATION 3/16" = 1'-0"2EAST EXTERIOR ELEVATION 3/16" = 1'-0"3WEST EXTERIOR ELEVATION_PLANNING 3/16" = 1'-0"4SOUTH ELEVATION AT CANOPY_PLANNINGATTACHMENT NO. 5 UPUP461, 2537 '-0 1 /4 "50'-3 1/2" 1/16" = 1'-0"006SIGNAGE PLANEXISTING JAGUAR / LAND ROVER SHOWROOM T.I. AND EXPANSION13.24015.001, 2 - WALL TOWER SIGNAGE3 - SERVICE SIGN AT CANOPY4 - SIGNAGE AT TOWER5 - SIGNAGE AT SHOWROOM ENTRY6 - SIGNAGE AT SHOWROOM ENTRY ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: FEBRUARY 24, 2014 SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT NO. 3156 LOCATION: 721 East Ball Road (Ball Road Business Park) APPLICANT/PROPERTY OWNER: The applicant is United School of America and the property owner is The Realty Associates Fund VI, L.P. REQUEST: This hearing was continued from the January 27th and February 10, 2014, Commission meetings. The applicant has submitted a third request to continue this hearing to the March 10, 2014, Planning Commission meeting in order to allow additional time to clarify the project description. RECOMMENDATION: Staff recommends that this hearing be continued to the March 10, 2014 Planning Commission meeting, as requested by the applicant. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Applicant’s Letter of Request IOFFICES IAUTO REPAIR/SERVICE IINDUSTRIAL IADULTTHEATER IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL E BALL RD S ALLEC STE. BALL RD S. SUNKIST STS. ANAHEI M BLVDS. HARBOR BLVDS. EAST STE. CERRITOS AVE W. BALL RD 72 1 E a st B a ll Ro a d DE V N o . 2 0 1 3 -0 0 0 9 6 Subjec t Property APN: 234-121-22 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo:May 2012 E BALL RD S ALLEC STE. BALL RD S. SUNKIST STS. ANAHEI M BLVDS. HARBOR BLVDS. EAST STE. CERRITOS AVE W. BALL RD 72 1 E a st B a ll Ro a d DE V N o . 2 0 1 3 -0 0 0 9 6 Subjec t Property APN: 234-121-22 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo:May 2012 Date: February 19, 2014 Re: Request for Continuance of Conditional Use Permit No. 3156B Ms. Norwood, I request that this item to the Planning Commission meeting of March 10, 2014, in order to revise documents for this request. Sincerely, Moises Castaneda 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. ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: FEBRUARY 24, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05706 LOCATION: 2951 West Ball Road (The Vault Hookah Lounge) APPLICANT/PROPERTY OWNER: The applicant is Mohammad Abdo and the property owner is Ben’s Equity, LLC. REQUEST: The applicant is requesting approval of a conditional use permit to allow a smoking lounge in a commercial tenant space located less than 200 feet from a residential zone and less than 1,000 feet from a school. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2013-05706. BACKGROUND: This hearing was continued from the January 27, 2014 Planning Commission meeting. At the hearing, the Commission raised several questions regarding the City’s existing smoking lounge regulations, including the manner in which they are enforced. The Commission requested that staff address these questions at a future workshop prior to its continued consideration of this application. The requested workshop has been scheduled on this agenda. The .90-acre project site is developed with a two-story, 14,500 square foot commercial building in the General Commercial (C-G) zone. The property is one of two parcels which together comprise an integrated shopping center sharing parking and access rights. The site is designated for General Commercial land uses by the General Plan. Surrounding land uses include a motel to the west, single-family residences to the east, a church and commercial center to the south across Ball Road and apartments to the north. PROPOSAL: The applicant is proposing an indoor/outdoor smoking lounge on the first floor of the existing two-story building. The proposed smoking lounge would include 4,560 square feet of indoor space and a 715 square foot outdoor smoking patio. The applicant also proposes to operate an adjacent 1,025 square foot restaurant that would be physically separated from the smoking lounge areas. The proposed hours of operation for the smoking lounge are 5:00 p.m. to 2:00 a.m. daily. The smoking lounge would include a front reception area, an office and storage room, a hookah pipe preparation area and restrooms. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2013-05706 February 24, 2014 Page 2 of 3 ANALYSIS: Smoking lounges are allowed in this zone subject to the approval of a conditional use permit, if located within 200 feet of a residential zone or 1,000 feet of a school, to ensure compatibility with the surrounding uses. When located beyond these specified distances, smoking lounges may be permitted through an administrative permit approved by staff. The nearest residentially-zoned property is located approximately 40 feet north of the northern exterior wall of the proposed smoking lounge. A continuation high school exists within the easternmost unit of the commercial center to the east, approximately 160 feet away from the outdoor portion of the smoking lounge; therefore, a conditional use permit is required to allow this business. The Zoning Code requires that specific findings be made prior to approval of a conditional use permit. The complete findings are included in the attached draft resolution. A summary of the project’s compliance with the required findings is provided below. Smoking lounges in close proximity to a residential zone boundary or school may be permitted by conditional use permit if it can be demonstrated that there are structures or other factors which provide a physical buffer from potential noise, odors or other impacts from the smoking lounge. The proposed smoking lounge would be located in a two-story building that anchors a multi-tenant commercial center. The rear of the center has a parking area and drive-aisle allowing traffic circulation around the entire center, Both the enclosed and exterior portions of this proposed smoking lounge are buffered from the residential properties to the north by existing building walls. There are no public entrances on the north building wall thereby preventing any noise or odors from the proposed business from impacting the residences to the north. The door on the northeast side of the building is for emergency or employee use only. In addition, the apartment complex to the north has no south-facing windows. In order to prevent patrons from congregating in the rear parking lot area during evening hours, the property owner proposes to install vehicular access gates to secure the rear parking area after 9:00 p.m. Conditions of approval have been included in the attached draft resolution requiring that the north-facing door remain closed at all times; that the gates securing the rear parking area be locked by 9:00 p.m. daily and that the smoking lounge only operate between the hours of 5:00 p.m. to 2:00 a.m. The continuation high school, located approximately 160 feet from the outdoor smoking lounge at easterly end of the commercial center, operates between the hours of 7:30 a.m. to 1:30 p.m., Monday through Friday when the smoking lounge is closed; therefore, impacts to the school are not anticipated. The other units within the commercial center are occupied by a variety of restaurant, retail and service uses. The site provides a total of 167 parking spaces, 49 of which are located in the rear parking lot area, in compliance with the Zoning Code. Once the rear parking lot is secured, 118 parking spaces would remain available after 9:00 p.m. These spaces are adequate to provide the Code-required number of parking spaces for the smoking lounge and the other businesses that would be open during late evening hours. CONDITIONAL USE PERMIT NO. 2013-05706 February 24, 2014 Page 3 of 3 CONCLUSION: Staff believes that the proposed smoking lounge would be compatible with the other uses in the commercial center and with the surrounding neighborhood due to its physical design and location. The recommended conditions of approval would further serve to ensure that the business does not negatively impact the surrounding area. Staff recommends approval of this conditional use permit. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Applicant’s Letter of Request The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 4. Site and Floor Plans 5. Site Photographs C-GRETAIL C-GRETAIL C-GRESTAURANT TRELIGIOUS USE C-GECONOMY INN C-GSAHARA MOTEL C-GRESTAURANT C-GSERVICESTATION C-GROYAL PACIFIC INN C-G (MHP)TRAILS INN MOBILEHOME PARK RS-2SINGLE FAMILY RESIDENCEC-GANAHEIM LODGE RM-4COBBLESTONEAPARTMENTS34 DU C-GRETAIL RM-4COBBLESTONEAPARTMENTS30 DU RS-2SINGLE FAMILY RESIDENCE C-GROBIN HOOD MOTEL C-GTRAVEL INN MOTEL RS-2SINGLE FAMILY RESIDENCE C-GAUTO SALVAGE YARD C-GRAINBOW INN C-GLYNDY'S MOTEL RS-2SINGLE FAMILY RESIDENCERM-2CONDOS9 DU TRELIGIOUS USE C-GRETAIL RM-4LYNROSE MANORAPARTMENTS72 DU RM-4FRENCH COUNTRYAPARTMENTS33 DU RS-2SINGLE FAMILY RESIDENCE C-GRETAIL C-GRETAILC-GRETAIL C-GRETAIL C-GAUTO SALVAGE YARDW BALL RDS BEACH BLVDS BEACH BLVDS GAYMONT STW LYN ROSE DR W ELMLAWN D R W RAV EN SW OOD DR W LYNROSE DR W. BALL RD W. ORANGE AVE S. DALE AVES. KNOTT AVE. CERRITOS AVE S. MAGNOLIA AVES. WESTERN AVES.BEACHBLVD2 9 5 1 Wes t Ball Road D E V N o. 2013-00114 Subject Property APN: 126-261-28126-261-30 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 12 W BALL RDS BEACH BLVDS BEACH BLVDS GAYMONT STW LYN ROSE DR W ELMLAWN D R W RAV EN SW OOD DR W LYNROSE DR W. BALL RD W. ORANGE AVE S. DALE AVES. KNOTT AVE. CERRITOS AVE S. MAGNOLIA AVES. WESTERN AVES.BEACHBLVD2 9 5 1 Wes t Ball Road D E V N o. 2013-00114 Subject Property APN: 126-261-28126-261-30 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 12 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05706 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00114) (2951 WEST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition to approve Conditional Use Permit No. 2013-05706 to permit an indoor and outdoor smoking lounge within an existing commercial tenant space located less than 200 feet from a residential zone and less than 1,000 feet of a school for that certain real property located at 2951 West Ball Road in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately .90 acres, is developed with a 14,500 square foot commercial retail building. The Property is located in and subject to the regulations and development standards of the General Commercial (C-G) Zone. The Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 27, and February 24, 2014, 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 proposed Conditional Use Permit No. 2013-05706 and to investigate and make findings and recommendations in connection therewith; 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 finds and determines that the proposed 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 proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit a proposed smoking lounge, has determined that Conditional Use Permit No. 2013-05706 should be approved for the following reasons, does find and determine the following facts: - 2 - PC2014-*** 1. The proposed request to permit an indoor and outdoor smoking lounge within an existing commercial retail building in the Commercial General (C-G) zone, under the conditions imposed, is properly one for which a conditional use permit is authorized by Section 18.08.030.010 of the Code; and 2. The proposed conditional use permit to allow an indoor and outdoor smoking lounge within an existing commercial retail building, under the conditions imposed, 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 outdoor smoking lounge is obstructed from the residential property to the north by the two-story building and the commercaial center and the hours of operation will be limited through conditions of approval in order to reduce potential impacts on adjacent residential properties; and 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to either the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a commercial retail building and no expansion of the building is proposed; and 4. The traffic generated by the proposed project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the 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; and 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 and will provide a land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013-05706, contingent upon 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 Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. 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. - 3 - PC2014-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 24, 2014. 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. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 24, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of February, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05706 (DEV2013-00114) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO FINAL OCCUPANCY 1 Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the Anaheim Fire Department, or as otherwise required by state or federal laws. Planning Department, Building Division Fire Department 2 The project shall comply with the requirements of an A Occupancy as outlined in the 2010 California Building Code. Fire Department OPERATIONAL CONDITIONS 3 The smoking lounge shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation as described in the Letter of Request shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request to ensure compatibility with the surrounding uses. The days and hours of operation for the smoking lounge are limited to 5:00 p.m. to 2:00 a.m. daily. Hours of operation for the patio shall be limited to 12 midnight each day of the week. The hours of operation may be modified subject to prior review and approval by the Planning Director and Chief of Police or their designees. Planning Department, Code Enforcement Division 4 The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code Section 6404.5. Planning Department, Code Enforcement Division 5 The project shall also comply with all City standards and specifications for smoking lounges. Fire Department - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 6 The subject property shall be operated as a "tobacco shop" and a "smokers' lounge", as those terms are defined in Section 6404.5(d)(4) of the California Labor Code. Specifically, the smokers' lounge at the subject property shall at all times be an enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, cigars and pipes, and for the use of tobacco products only. The tobacco shop, itself, shall be dedicated to the sale of tobacco products, including, but not limited to, cigars, pipe tobacco and smoking accessories. This means that no food or beverages (whether alcoholic or not) shall be sold, served or consumed within the smoking lounge (whether indoors or outdoors). Planning Department, Code Enforcement Division 7 No persons under 18 years of age shall be permitted within any area of the business premises where the smoking of tobacco or other substances is allowed including any outdoor seating area, and a sign shall be posted at the entrance stating “No one under the age of 18 allowed.” Police Department 8 There shall be no admission fee, cover charge, nor minimum purchase required. Planning Department, Code Enforcement Division Police Department 9 No alcoholic beverages or food shall be sold, served or consumed on the premises of the smoking lounge, whether indoors or outdoors. Planning Department, Code Enforcement Division 10 There shall be no entertainment permitted on the premises at any time, including, but not limited to singers, DJs, dancers, bands and comedians, unless an Entertainment Permit is first obtained by the business owner. Planning Department, Code Enforcement Division Police Department - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 11 Operation of outdoor barbeques or braziers or lighting coals shall not be permitted. Planning Department, Code Enforcement Division Fire Department, Police Department 12 The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. The northeast facing exterior door shall remain closed at all times, except as required for maintenance or emergency access. Planning Department, Code Enforcement Division Police Department 13 The gates leading to the rear parking lot area adjacent to the apartments on the north side of the property shall be locked from 9 p.m. daily and may be unlocked by 6 a.m. daily. Planning Department, Code Enforcement Division 14 All activities, except the outdoor smoking lounge, related to the use shall occur indoors, except as may be permitted by an authorized Special Event Permit. Planning Department, Code Enforcement Division 15 No amusement devices shall not be permitted anywhere within the business unless proper permits for such devices are first obtained from the Planning Department. Planning Department, Code Enforcement SECURITY CONDITIONS 16 The interior premises shall be equipped with a comprehensive security alarm system (silent or audible) for the following coverage areas: perimeter building and access route protection and high valued storage areas within 120 days of this permit. A Burglary/Robbery Alarm Permit application must be completed, Form APD 516, and return it to the Police Department prior to initial alarm activation within 120 days of this permit. This Police Department - 8 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 17 Closed circuit television (CCTV) security cameras shall be installed with the following coverage areas: building interior entrance and exterior entrance, parking lot; general seating area, manager’s office covering safe and cashier’s area within 120 days of this permit. If security cameras are not monitored, signs indicating so should be placed at each camera. CCTV monitors and recorders should be secured in a separate locked compartment to prevent theft of, or tampering with, the tape. Digital and wireless CCTV security systems are highly recommended over older VHS or “Tape” recording systems. CCTV recordings should be kept for a minimum of 30 days before being deleted or recorded over. If used, CCTV videotapes should not be recorded over more than 10 items per tape. Police Department 18 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be illuminated during hours of darkness. Police Department 19 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Wide-angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised and any rear utility doors. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece within 120 days of this permit. Police Department 20 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 establishment. Police Department 21 At least one uniformed security guard is required from 9:00 p.m. to closing. Police Department 22 Any security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the Planning Department, Code - 9 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY California Business and Profession Code. Enforcement Division Police Department 23 No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the Anaheim Police Department. Planning Department, Code Enforcement Division Police Department 24 The interior of the business shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to persons of normal visual acuity. Police Department 25 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Planning Department, Code Enforcement Division Police Department 26 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Planning Department, Code Enforcement Division GENERAL CONDITIONS 27 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the property owner shall be removed or painted over within 24 hours of being applied. Planning Department, Code Enforcement Division 28 Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the Police Department - 10 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY permit. 29 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnities”) from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. Planning Department, Planning Services Division 30 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division 31 The establishment shall be developed substantially in accordance with the plan and specifications submitted to and reviewed and approved by the City of Anaheim, which plan is on file with the Planning Department marked as Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). Planning Department 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. ITEM NO. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: FEBRUARY 24, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05699 AND VARIANCE NO. 2013-04932 LOCATION: 1783 – 1785 West Lincoln Avenue (Nubia Cafe) APPLICANT/PROPERTY OWNER: The applicant is the owner of the restaurant, Alaa Khalil, and the property owner is Yun C. Kwo. REQUEST: The applicant is requesting approval of a conditional use permit to allow an outdoor smoking lounge in conjunction with an existing restaurant. The proposal includes a variance to allow fewer parking spaces than required by Code. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2013-05699 and Variance No. 2013-04932. BACKGROUND: The 1.0-acre project site is developed with an 11,500 square foot multi-tenant commercial building located in the General Commercial (C-G) zone. The site consists of three parcels that are individually owned but share vehicular access and parking rights. The site is designated for Industrial land uses by the General Plan. Surrounding land uses include a motel to the south, across Lincoln Avenue; a commercial center to the west; a retail building to the east; and an industrial business to the north. PROPOSAL: The existing business currently consists of a 2,560 square foot restaurant, and an existing 1,550 square foot outdoor patio. This business was administratively approved in 2007 because at that time, outdoor smoking lounges were permitted by right when located more than 200 feet from residential uses. A 1,126 square foot expansion to this patio was constructed without permits and this expansion is the subject of this application because the Code was amended in 2013 to require approval of a conditional use permit to allow all outdoor smoking lounges, regardless of their location. The restaurant’s main entrance is oriented towards the front parking lot of the commercial center (adjacent to Lincoln Avenue). A rear entrance to the outdoor smoking lounge is provided in the rear of the building. The hours of operation for the smoking lounge coincide with the restaurant hours, which are 4:30 p.m. to 2:00 a.m. Sunday through Thursday and 4:30 p.m. to 3:00 a.m. Friday and Saturday. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2013-05699 AND VARIANCE NO. 2013-04932 February 24, 2014 Page 2 of 3 The outdoor smoking lounge area contains seating, tables, an overhead canvas canopy structure, televisions, and portable heaters. It is partially enclosed by eight foot high walls along the north and west property lines. The applicant indicates that hookah smoking occurs inside the building and on the patio, but that food is consumed in the outdoor patio only. ANALYSIS: Conditional Use Permit: A conditional use permit is required for outdoor smoking lounges in this zone to ensure compatibility with surrounding uses. The smoking lounge provides a service to restaurant patrons and does not operate independently from the restaurant. The restaurant and smoking lounge will close by 3:00 a.m. and no live music, entertainment, or alcoholic beverages are proposed in the patio area. The nearest residential use is an apartment complex located across Lincoln Avenue to the south, which is approximately 300 feet from the outdoor patio area where smoking occurs. The smoking lounge abuts a retail building to the west and an industrial business to the north. The outdoor smoking lounge is enclosed with 8-foot high walls, although impacts to the adjacent businesses are not anticipated because the peak hours for the smoking lounge occur after 9:00 p.m., when the adjacent businesses are closed. In order to minimize impacts to nearby businesses and residents, staff is recommending several conditions of approval, such as providing security to the satisfaction of the Police Department, prohibiting outdoor coal barbecues, prohibiting the sale of alcoholic beverages, and prohibiting the admittance of minors, the outdoor smoking lounge will be compatible with the area and will have minimal, if any, impacts on the adjacent commercial and industrial businesses. Parking Variance: A total of 115 parking spaces are required for all of the existing businesses on the property and 69 spaces are provided on site. Use of an additional 25 off-site parking spaces on the adjacent properties to the north and east is available through recorded parking agreements. With this agreement, a total of 94 spaces are available, which is still 21 spaces less than required by Code. Other businesses within the center include a restaurant, liquor store, office, bakery, dentist, and two vacant spaces. The subject restaurant and smoking lounge require 61 parking spaces and the other uses require 54 spaces. The existing businesses on the property have varying days and hours of operation. For example, peak hours for the office, bakery, and dentist occur during the daytime. However, peak hours for the adjacent restaurant and liquor store occur during the late afternoon and early evening. To determine the maximum parking demand for the combined on-site uses, the applicant submitted a self-prepared parking demand analysis. The applicant conducted parking counts on Friday, September 13, 2013 between the hours of 9:00 p.m. and 11:00 p.m. These counts identified that a maximum of 64 spaces were occupied during these peak hours. Staff visited the site on Saturday, February 15, 2014 between the hours of 9:00 p.m. 10:00 and p.m. when the restaurant and smoking lounge were in operation. The restaurant in the adjacent tenant space closed at 9:00 p.m. During this visit, staff observed a peak demand of 83 parking spaces. These observations confirmed that ample parking will be available for the existing and proposed uses as the 94 parking spaces provided on both sites can more than accommodate the observed peak demand. Therefore, staff recommends approval of the parking variance. CONDITIONAL USE PERMIT NO. 2013-05699 AND VARIANCE NO. 2013-04932 February 24, 2014 Page 3 of 3 CONCLUSION: Staff believes that the restaurant and outdoor smoking lounge is compatible with the adjacent commercial and industrial uses in the surrounding area. In addition, the findings necessary to support the parking variance can be met since the parking demand analysis and staff’s observations indicate that the site will provide adequate parking for the existing uses. Staff recommends approval of this conditional use permit and variance. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit and Variance Resolution 3. Applicant’s Letter of Request 4. Applicant’s Parking Agreements The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 5. Site Photographs 6. Plans C-GRETAIL RM-3VACANT C-GRESTAURANT RS-2SINGLE FA MILY RESIDENCE C-GMEDICALOFFICE TKETTLE MOTORHOTEL RS-2SINGLE FA MILY RESIDENCE TANAHEIMROADWAYINN & SUITES RM-4WINDROSEAPTS106 DU TRESTAURANT RM-4VILLA GARDENSAPARTMENTS43 DU C-GRETAIL IINDUSTRIAL C-GRETAIL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL C-GRETAIL IINDUSTRIAL C-GMEDICAL OFFICE IRETAIL C-GINDUSTRIALIINDUSTRIAL TMEDICAL OFFICE TMEDICAL OFFICEW LINCOLN AVEN CRESCENT WAYW EMBASSY AVE S HACIENDA STW. BROADWAY N. EUCLID STS. EUCLID STN. BROOKHURST STS. BROOKHURST STS.WALNUTSTW. LINCOLN AVE N. LOARA ST177 5 - 1 78 5 W e s t Lin co ln Av e nu e1783 - 1 78 5 W e s t Lin co ln Av e nu e D E V No . 2 01 3 -0 0 05 1 Subject Property APN: 07 2-101-28072-101-29072-101-30 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l P hoto :Ma y 2012 W LINCOLN AVEN CRESCENT WAYW EMBASSY AVE S HACIENDA STW. BROADWAY N. EUCLID STS. EUCLID STN. BROOKHURST STS. BROOKHURST STS.WALNUTSTW. LINCOLN AVE N. LOARA ST1 7 7 5 - 1 7 8 5 We s t L i n co l n A ve n u e1783 - 1 7 8 5 We s t L i n co l n A ve n u e D E V N o . 2 0 1 3 -0 0 0 5 1 Subject Property APN: 072-101-28072-101-29072-101-30 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph oto :Ma y 2 01 2 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05699 AND VARIANCE NO. 2013-04932 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00051) (1783 – 1785 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition to approve Conditional Use Permit No. 2013-05699 to permit an outdoor smoking lounge in conjunction with an existing restaurant in a commercial building (herein referred to as the "Proposed Project") and Variance No. 2013- 04932 with fewer parking spaces than required by the Anaheim Municipal Code (the "Code") for that certain real property located at 1783 – 1785 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 1.0 acres, is developed with a 11,500 square foot commercial retail building with eight tenants. The site consists of three separate parcels with shared vehicular access and parking. The Property is located in and subject to the regulations and development standards of the General Commercial (C-G) Zone. The Anaheim General Plan designates the Property for Industrial land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 24, 2014 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 (herein referred to as the “Code”), to hear and consider evidence for and against proposed Conditional Use Permit No. 2013-05699 and Variance No. 2013-04932 and to investigate and make findings and recommendations in connection therewith; 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 finds and determines that the proposed 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 proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit an outdoor smoking lounge in conjunction with an existing restaurant, has determined that Conditional Use Permit No. 2013-05699 should be approved for the following reasons, does find and determine the following facts: - 2 - PC2014-*** 1. The proposed request to permit the Proposed Project in the General Commercial (C-G) Zone, under the conditions imposed, is properly one for which a conditional use permit is authorized by Section 18.08.030.010 of the Code; and 2. The proposed conditional use permit to permit the Proposed Project, under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area because the nearest residential structures are located more than 300 feet from the outdoor patio area where smoking occurs. Moreover, the smoking lounge will have minimal impacts on the adjacent commercial and industrial uses; and 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to either the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a commercial retail building; and 4. The traffic generated by the proposed project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and there is adequate parking on-site based on a parking demand analysis prepared for the site and as verified by staff to accommodate the use; and 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 and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission does further find and determine that the request for a variance for less parking than required by Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (115 spaces required; 69 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 based upon the conclusions contained in a self- prepared parking demand analysis submitted by the applicant and staff’s observations during the restaurant’s peak operating hours. These observations confirmed that ample parking will be available for the existing and proposed uses as the 94 parking spaces, which includes 25 off-site parking spaces under a recorded parking agreement, provided on both sites can accommodate the observed peak demand; and 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 within the commercial retail property will adequately accommodate the peak parking demands of the outdoor smoking lounge and restaurant and the other uses on the site; and - 3 - PC2014-*** 3. That the variance, under the conditions imposed, if any, 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 for the outdoor smoking lounge and restaurant will adequately accommodate peak parking demands of all uses on the site; and 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 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 outdoor smoking lounge and restaurant. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013-05699 and Variance No. 2013-04932, contingent upon 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 Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 4 - PC2014-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 24, 2014. 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. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 24, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of February, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2014-*** - 6 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05699 AND VARIANCE NO. 2013-04932 (DEV2013-00051) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 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 Department 2 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Planning Department, Police Department 3 The proper permits shall be obtained for the unpermitted outdoor patio improvements within 60 days of the date of this resolution. Planning Department, Building Division 4 The smoking lounge shall not be operated independently of the restaurant use. Police Department, 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. Planning Department, Code Enforcement 6 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 7 No alcoholic beverages shall be sold or consumed on the premises unless a conditional use permit allowing such use is first obtained. Police Department - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 8 Operation of outdoor barbecues or braziers or lighting coals shall not be permitted. Police Department, Code Enforcement 9 Food shall not be served and/or consumed inside the restaurant building while indoor hookah smoking occurs. Code Enforcement 10 There shall be no admission fee, cover charge, nor minimum purchase required. Police Department 11 Adequate ventilation shall be provided for the heating of coals in accordance with all requirements imposed by the Anaheim Fire Department, or as otherwise required by state or federal laws. Fire Department 12 The maximum occupancy shall not exceed the lesser of (i) the occupancy limit for the premises established by the Anaheim Fire Department and Building Division or (ii) an occupancy limit established as a condition of the permit approved pursuant to this chapter, or any zone variance issued pursuant to Title 18 of this Code. Fire Department, Building Division, Code Enforcement 13 There shall be no entertainment, amplified music or dancing permitted on the outdoor patio. Any entertainment shall not be allowed on the premises unless the business owner first obtains an Entertainment Permit. Police Department, Code Enforcement 14 No persons under 18 years of age shall be permitted within any area of the business premises where the smoking of tobacco or other substances is allowed including any outdoor seating area, and a sign shall be posted at the entrance stating “No one under the age of 18 allowed.” Police Department, Code Enforcement 15 The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. Police Department, Code Enforcement 16 Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. (Section 18.16.040 Anaheim Municipal Code) Planning Department 17 Any security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. Police Department, Code Enforcement - 8 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 18 The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code Section 6404.5. Police Department, Code Enforcement 19 The outdoor smoking lounge shall be operated in accordance with the Letter of Request and Parking Demand Analysis submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and Parking Demand Analysis and to ensure compatibility with the surrounding uses. Planning Department 20 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnities”) from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. Planning Department 21 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department 22 The premises shall be developed substantially in accordance with the plans and specifications submitted to and reviewed and approved by the City of Anaheim, which plan is on file with the Planning Department. Planning Department ATTACHMENT NO. 3 ATTACHMENT NO. 4 NUBIA CAFÉ PHOTOS 1783 – 1785 W. Lincoln Rear parking lot Rear parking lot Industrial property in rear ATTACHMENT NO. 5 Driveway on east side of building Outdoor patio Outdoor patio Outdoor patio Restaurant Hookahs and barbeque Front parking lot Front parking lot Adjacent businesses Front of Nubia Adjacent business to west Front parking lot ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 6 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: FEBRUARY 24, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2013-05690 LOCATION: 907 South Beach Boulevard (Arab American Community Center) APPLICANT/PROPERTY OWNER: The applicant is Max Aranki, representing the property owner, the Arab American Community Center. REQUEST: The applicant is requesting approval of a conditional use permit to allow a community center and banquet hall within an existing commercial building, including the on-site consumption of alcoholic beverages. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities), and approving Conditional Use Permit No. 2013-05690. BACKGROUND: The 1.28-acre project site is developed with a 13,600 square foot commercial building that was formerly occupied by a Denny’s restaurant. The property is located in the General Commercial (C-G) zone and is designated for Corridor Residential land uses by the General Plan. Surrounding land uses include apartments to the east, across Beach Boulevard; motels to the north and south; and single family homes to the west. PROPOSAL: The applicant is proposing to establish a community center and banquet facility in an existing commercial building. The applicant is also requesting a Type 47 (On Sale General – Eating Place) alcohol beverage license in conjunction with the proposed use. The proposed community center would include the following three major components: Use Size Activities Hours Library 3,500 s.f. Educational programs, poetry readings, research/ study 10:00 a.m. - 8:00 p.m. Classroom 1,500 s.f. Music recitals, dance classes, language classes, after school programs 10:00 a.m. - 8:00 p.m. Banquet Hall 5,000 s.f. Weddings, parties with catered food (to include alcoholic beverages), cultural events, business fairs, community events 10:00 a.m. - 10:00 p.m. CONDITIONAL USE PERMIT NO. 2013-05690 February 24, 2014 Page 2 of 3 Major interior and exterior improvements to the property are proposed. Interior improvements include the construction of the three primary activity spaces described in the previous table and the construction of a small kitchen; however, no expansion to the building is proposed. Proposed exterior improvements include new asphalt pavement and parking striping, installation of a landscaped planter along Beach Boulevard, and a major interior and exterior remodel of the existing building. The applicant also proposes to install an eight-foot high wall/wrought iron fence along the rear property line adjacent to the single family homes; this barrier would consist of a six-foot high block wall and a two-foot high wrought iron “Shepherd’s Hook” on top of the block wall. ANALYSIS: The Zoning Code permits banquet facilities, including the service of alcoholic beverages for on-premises consumption, in this zone subject to the approval of a conditional use permit in order to determine compatibility with surrounding land uses. In order to mitigate impacts to surrounding properties, employees will monitor the rear parking lot to deter loitering and alcohol consumption outside the facility during banquet events. In addition, no programmed activities will occur outside of the building and the rear doors will remain closed at all times. An eight foot high wall will be constructed along the rear property line to provide a buffer adjacent to the single family homes. All banquet events would end no later than 10:00 p.m. The collection of a cover charge for the general public to attend events would not be permitted. All of these operational limits are included as conditions of approval in the attached draft resolution. In addition, the applicant would be required to submit a security plan to the Police Department prior to commencement of banquet events. The project complies with all applicable development standards including the required number of parking spaces as described in greater detail below. The site contains a total of 100 parking spaces and the facility would require 70 spaces during peak hours when the banquet hall is fully occupied. The applicant proposes to host up to 192 attendees in the banquet hall based on the number of tables and chairs shown on the submitted floor plan. The parking requirement for this number of attendees is 60 spaces based on an assumed 3.18 patrons per car. Although the Zoning Code does not specify a parking standard for banquet facilities, this ratio is consistent with the parking standard applied to other banquet facilities throughout the city. In addition, the banquet facility will have up to 10 employees on- site during peak event periods, for a total demand of 70 spaces for the banquet facility. Because the site will provide 100 parking spaces, there will be ample parking available to accommodate up to 286 patrons and 10 employees at the banquet facility, provided that the library and classrooms do not host events concurrently with the banquet hall. A condition of approval limiting banquets to no more than 286 attendees when the other on-site uses are inactive is also included in the draft resolution. The Anaheim Police Department indicates that this property is located within Census Tract No. 869.02 which has a population of 5,614. This census tract allows for six on-sale licenses and presently there is one license within the tract. This location is also within Police Reporting District 1815 which is 178 percent above the city average in crime. As detailed in the attached Police Department memorandum, the crime rate within ¼ mile of this property is 628 percent above the city average. The calls for service within the surrounding area were primarily related CONDITIONAL USE PERMIT NO. 2013-05690 February 24, 2014 Page 3 of 3 to drug abuse violations, petty thefts, simple assaults, prostitution, and vandalism. These calls were not related to this property as the site has been vacant for several years. There are no outstanding Code Enforcement violations associated with the subject property. As mentioned above, in order to mitigate impacts to surrounding properties, staff recommends conditions of approval which would require the applicant to submit a security plan to the Police Department prior to commencement of banquet events. In addition, to deter loitering and alcohol consumption outside the facility during banquet events, no programmed activities will occur outside of the building, the rear doors will remain closed at all times, all banquet events would end no later than 10:00 p.m., and adequate lighting and security alarm/cameras will be provided in the rear parking lot area. Neighborhood Outreach: The applicant hosted a community meeting with neighborhood residents on December 18, 2013. Approximately eight neighbors attended the meeting. The applicant provided a comprehensive overview of the project to the neighbors. The neighbors expressed concerns regarding potential noise and loitering in the rear parking lot, late night hours for the banquet hall, sufficient parking for large events, crime along the Beach Boulevard corridor, and the need for a new eight foot high wall along the rear property line to provide an adequate buffer for the homes. CONCLUSION: This use, as proposed, would be operated in a manner that is compatible with the surrounding area. The proposed use is also consistent with the property’s commercial zone designation which is intended to support a variety of commercial uses that support the surrounding community. Staff recommends approval of the requested conditional use permit, subject to recommended conditions of approval contained in the attached draft resolution. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Applicant’s Letter of Operation 4. Police Department Memorandum The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 5. Site Photographs 6. Site and Floor Plans C-GRESTAURANT RS-2SINGLE FAMILY RESIDENCE C-GRETAIL C-GRELIGIOUS USE C-GECONOMY INN C-GVILLA INN C-GRESTAURANT C-GSERVICE STATION C-GROYAL PACIFIC INN C-GANAHEIM LODGE RM-4COBBLESTONEAPARTMENTS34 DU C-GRETAIL C-GMOTEL MOONLIGHT RM-4COBBLESTONEAPARTMENTS30 DU RM-4SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE C-GMEDICAL OFFICE C-GTRAVEL INN MOTEL C-GRAMADA LIMITED C-GRAINBOW INN C-GCOVERED WAGON MOTEL C-GLYNDY'S MOTEL RM-2CONDOS.12 DU SINGLE FAMILY RESIDENCE C-GRETAIL RM-4LYNROSE MANORAPARTMENTS72 DU RS-2SINGLE FAMILY RESIDENCE C-GSAHARA MOTEL C-GRETAILC-GRETAIL RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RM-4STONYBROOKAPARTMENTS56 DU C-GROBIN HOOD MOTEL T (MHP)ANAHEIMMOBILEESTATES W BALL RD S BEACH BLVDS BEACH BLVDS HAYWARD STW RO M E AV E W G LE N HO LLY DR W TERAN IMA R DR W LY NR OS E DR S OAKCREST PLW ROM E AVE W LY NR OS E DR W. BALL RD W. ORANGE AVE S. DALE AVES. KNOTT AVE. CERRITO S AVE S. MAGNOLIA AVES. WESTERN AVEW. BROADWAY 9 0 7 S o u t h B e a ch B o u le v a r d D E V N o . 2 0 1 3 -0 0 0 8 7 Subject Property APN: 079-893-33 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph oto :Ma y 2 01 2 W BALL RD S BEACH BLVDS BEACH BLVDS HAYWARD STW RO M E AV E W G LE N HO LLY DR W TERAN IMA R DR W LY NR OS E DR S OAKCREST PLW ROM E AVE W LY NR OS E DR S MARIN CTW. BALL RD W. ORANGE AVE S. DALE AVES. KNOTT AVE. CERRITO S AVE S. MAGNOLIA AVES. WESTERN AVEW. BROADWAY 9 0 7 S o u t h B e a ch B o u le v a r d D E V N o . 2 0 1 3 -0 0 0 8 7 Subject Property APN: 079-893-33 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph oto :Ma y 2 01 2 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05690 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00087) (907 SOUTH BEACH BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition to approve Conditional Use Permit No. 2013-05690 to permit a community center and banquet hall within an existing commercial building, including the on-site consumption of alcoholic beverages (herein referred to as the "Proposed Project") for that certain real property located at 907 South Beach Boulevard in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 1.28 acres, is developed with a 13,600 square foot commercial building. The Property is located in and subject to the regulations and development standards of the General Commercial (C-G) Zone. The Anaheim General Plan designates the Property for Corridor Residential land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 24, 2014 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 (herein referred to as the “Code”), to hear and consider evidence for and against proposed Conditional Use Permit No. 2013-05690 and to investigate and make findings and recommendations in connection therewith; 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 finds and determines that the proposed 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 proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit a community center and banquet hall within an existing commercial building, including the on-site consumption of alcoholic beverages, has determined that Conditional Use Permit No. 2013-05690 should be approved for the following reasons, does find and determine the following facts: - 2 - PC2014-*** 1. The proposed request to permit the Proposed Project in the General Commercial (C-G) Zone, under the conditions imposed, is properly one for which a conditional use permit is authorized by Section 18.08.030.010 of the Code; and 2. The proposed conditional use permit to permit the Proposed Project, under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area because the applicant proposes to construct an 8-foot high wall along the west property line to provide an effective buffer between the proposed use and the single family homes in the rear. In addition, the applicant will monitor the rear parking lot to deter loitering and alcohol consumption outside the facility; no activities will occur outside of the building; the doors will remain closed at all times; and the all banquet events will end no later than 10:00 p.m.; and 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to either the particular area nor to the health, safety and general welfare of the public because the Proposed Project complies with all applicable development standards, including the required number of parking spaces; and 4. The traffic generated by the proposed project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and there will be adequate parking on-site; and 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 and will provide a land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013-05690, contingent upon 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 Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. 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. - 3 - PC2014-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 24, 2014. 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. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 24, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of February, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2013-05690 (DEV2013-00087) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 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. Any security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. Police Department 2 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Planning Department, Police Department 3 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 4 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 5 The maximum occupancy of the banquet hall shall be limited to 286 attendees. Code Enforcement 6 The banquet hall shall be open no later than 10:00 p.m., seven days a week. Employees shall be allowed to clean-up the facility no later than 10:30 p.m. Code Enforcement - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 7 There shall be no admission fee, cover charge, nor minimum purchase required in conjunction with the banquet hall. Police Department 8 The occupancy shall not exceed the lesser of (i) the occupancy limit for the premises established by the Anaheim Fire Department or (ii) an occupancy limit established as a condition of the permit approved pursuant to this chapter, or any zone variance issued pursuant to Title 18 of this Code. Fire Department 9 There shall be no entertainment, amplified music, loitering, or dancing permitted outside of the building. Any entertainment shall not be allowed on the premises unless the business owner first obtains an Entertainment Permit. Police Department, Code Enforcement 10 The rear doors, adjacent to the parking lot area, shall remain closed at all times except for emergency exiting purposes. 11 A six foot high masonry wall and a two foot high wrought iron “Shepard’s Hook” on the top portion, for an overall height of eight feet (as measured from the grade on the applicant’s property), shall be constructed along the western property line separating the subject property from the residences. 12 The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. Police Department, Code Enforcement 13 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnities”) from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation Planning Department - 7 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY attorneys’ fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 14 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department 15 The premises shall be developed substantially in accordance with the plans and specifications submitted to and reviewed and approved by the City of Anaheim, which plan is on file with the Planning Department. Planning Department ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.