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PC 2015/12/14 City of Anaheim Planning Commission Agenda Monday, December 14, 2015 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Michelle Lieberman • Chairman Pro-Tempore: Mitchell Caldwell • Commissioners: Paul Bostwick, Bill Dalati, Grant Henninger, Victoria Ramirez, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building 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, December 10, 2015, 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 and Building 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 12/14/2015 Page 2 of 8 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. 12/14/2015 Page 3 of 8 Public Hearing Items ITEM NO. 2 VARIANCE NO. 2015-05025 (DEV2015-00043) Location: 105 East Leatrice Lane Request: To allow for the construction of a three-unit apartment complex with structural and landscape setbacks smaller than required by the Zoning Code and recreational-leisure areas less than required by the Zoning 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 3 (New Construction or Conversion of Small Structures) Categorical Exemption. This item was continued from the November 2, 2015 Planning Commission meeting. Resolution No. ______ Project Planner: Amy Stonich astonich@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2010-05486E (DEV2009-00083E) Location: 2232 South Harbor Boulevard Request: For a six-month compliance review of a conditional use permit for an existing theater, restaurant, and accessory uses and an amendment to the conditions of approval pertaining to operations. Environmental Determination: The Planning Commission will consider whether a previously-approved Mitigated Negative Declaration is appropriate to serve as the environmental impact determination for this request per the California Environmental Quality Act (CEQA) guidelines. This item was continued from the November 16, 2015 Planning Commission meeting. Resolution No. ______ Project Planner: Elaine Thienprasiddhi ethien@anaheim.net 12/14/2015 Page 4 of 8 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2015-05823 VARIANCE NO. 2015-05047 ADMINISTRATIVE ADJUSTMENT NO. 2015-00374 (DEV2015-00090) Location: 2013 East Ball Road Request: To construct a new coffee shop with a drive through lane with a reduced front yard setback and less parking spaces than required by the Zoning Code (Starbucks). 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 3 (New Construction or Conversion of Small Structures) Categorical Exemption. This item was continued from the November 16, 2015 Planning Commission meeting. Resolution No. ______ Project Planner: Ashley Hefner ahefner@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2015-05819 VARIANCE NO. 2015-05049 (DEV2015-00076) Location: 5120 East La Palma Avenue, Suite 102 Request: To permit a car rental agency within an existing multi-tenant office and industrial complex with less parking spaces than required by the Zoning 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: Ashley Hefner ahefner@anaheim.net 12/14/2015 Page 5 of 8 ITEM NO. 6 VARIANCE NO. 2015-05043 (DEV2015-00104) Location: 558 South Harbor Boulevard Request: For a variance to permit less parking than required by the Zoning Code to permit an endodontic dental office within an existing two-story office 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. Resolution No. ______ Project Planner: Lisandro Orozco lorozco@anaheim.net ITEM NO. 7 VARIANCE NO. 2015-05036 (DEV2015-00097) Location: 1308 North Patt Street Request: For a variance to permit less parking spaces than required by the Zoning Code and remove an accessory parking lot for an existing food manufacturing facility. 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: Kevin Clausen kclausen@anaheim.net 12/14/2015 Page 6 of 8 ITEM NO. 8 RECLASSIFICATION NO. 2015-00280 CONDITIONAL USE PERMIT NO. 2015-05787 TENTATIVE TRACT MAP NO. 17882 (DEV2015-00057) Location: 1609 and 1615 West Cerritos Avenue Request: To rezone the property from the Single-Family, Residential (RS-2) zone to the Single–Family, Residential (RS-4) zone and to permit and establish an 11-unit small–lot single family residential subdivision. 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 32 (In-Fill Development Projects) Categorical Exemption. This item was continued from the September 21, 2015, October 19, 2015, and November 2, 2015 Planning Commission meetings. Resolution No. ______ Resolution No. ______ Resolution No. ______ Project Planner: Amy Stonich astonich@anaheim.net ITEM NO. 9 VARIANCE NO. 2014-04987 FINAL SITE PLAN NO. 2014-00003 (DEV2013-00138) Location: 1560 and 1570 South Harbor Boulevard Request: To demolish an existing two-story 86-room hotel with restaurant and retail uses and construct a new seven-story, 180-room hotel with a restaurant and retail uses with smaller interior building and landscape setbacks, fewer trees in the surface parking lot, and less parking spaces than required by the Zoning Code. Environmental Determination: The Planning Commission will consider if the Final Environmental Impact Report No. 340 is the appropriate environmental document for this 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 Environmental Impact Report No. 340 have occurred. Resolution No. ______ Project Planner: Elaine Thienprasiddhi ethien@anaheim.net 12/14/2015 Page 7 of 8 ITEM NO. 10 CONDITIONAL USE PERMIT NO. 138A CONDITIONAL USE PERMIT NO. 4075A (DEV2015-00109) Location: 1557 and 1575 West Mable Street Request: The applicant requests approval of: (1) an amendment to Conditional Use Permit No. 138 to permit a new preschool, and relocate existing K-8 students, within the existing Fairmont Private School campus, and (2) an amendment to Conditional Use Permit No. 4075 to modify a condition of approval related to a time limitation of the private school use and to permit and retain the existing administrative school offices. 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: Amy Stonich astonich@anaheim.net ITEM NO. 11 GENERAL PLAN AMENDMENT NO. 2015-00499 RECLASSIFICATION NO. 2015-00276 CONDITIONAL USE PERMIT NO. 2015-05780 TENTATIVE TRACT MAP NOS. 17846 TENTATIVE TRACT MAP NOS. 17992 (DEV2014-00095) Location: 1110-1116 North Anaheim Boulevard and 115-125 West La Palma Avenue Request: The following land use entitlements are requested to permit the development of a mixed use project to include 162-unit attached single family residential units with ground floor commercial space: amend the General Plan land use designation from Open Space to Mixed Use; amend the General Plan Circulation Element to modify circulation maps; reclassify the subject properties from the C-G (General Commercial) and I (Industrial) Zones to the MU (Mixed Use Overlay) Zone; a conditional use permit to allow a mixed-use development with modified development standards; a tentative tract map to create a 152-unit residential subdivision; and a tentative tract map to create a 10-unit residential subdivision with ground floor commercial space. Environmental Determination: The Planning Commission will consider whether a Mitigated Negative Declaration is the appropriate environmental documentation for this request under the California Environmental Quality Act. Resolution No. ______ Resolution No. ______ Resolution No. ______ Resolution No. ______ Resolution No. ______ Resolution No. ______ Project Planner: Scott Koehm skoehm@anaheim.net 12/14/2015 Page 8 of 8 Adjourn to Monday, January 11, 2016 at 5:00 p.m. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:50 p.m. December 9, 2015 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. 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Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: DECEMBER 14, 2015 SUBJECT: VARIANCE NO. 2015-05025 LOCATION: 105 East Leatrice Lane APPLICANT/PROPERTY OWNER: The property owner and applicant is How Chin Te of Te Family Investment, LLC. REQUEST: The applicant requests a variance to allow construction of a three-unit apartment complex with structural and landscape setbacks smaller than required by the Zoning 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 3, New Construction or Conversion of Small Structures) and approving Variance No. 2015-05025. BACKGROUND: This 0.16-acre property is currently vacant and located in the Multiple Family Residential (RM-4) zone. A four unit apartment complex was previously located on the property; however, the complex was demolished in 2007 in conjunction with a street widening project on Haster Street. The property, which had an original width of 80 feet, is considered legal non-conforming with respect to minimum lot width due to the street widening. Code requires a minimum lot width of 70 feet in the RM-4 zone and the lot is now 64 feet wide. The property is designated for Medium Density Residential land uses by the General Plan. Surrounding land uses include apartments to the north, south, east and west across Haster Street. This item was considered by the Planning Commission at its November 2, 2015 meeting. The Commission continued the item to the December 14, 2015 meeting to provide the applicant with an opportunity to redesign the project to include additional outdoor recreational-leisure area in conformance with the Zoning Code. Plans have been revised by the applicant and the proposed project now conforms to Code requirements for outdoor recreational-leisure area. VARIANCE NO. 2015-05025 December 14, 2015 Page 2 of 4 PROPOSAL: The applicant proposes to construct a three unit, two-story apartment complex with three tandem garage parking spaces (six garage spaces total) and one guest parking space adjacent to the garage. The garages would be accessed from the existing public alley along the north property line. This alley is accessed from Haster Street. Each unit would consist of two bedrooms, two bathrooms, a living room, dining room and kitchen. A patio would be provided for the ground floor unit, and balconies would be provided for each second floor unit. The proposed building is designed with contemporary-style architecture including gable roof elements, window trim, gray tone colored stucco walls with mauve and rose accent trim. A three-foot high wrought iron fence is proposed within the front landscape setbacks adjacent to Haster Street and Leatrice Lane. The front setback area would be planted with artificial turf and shrubs. A detailed development summary is included as Attachment 4 to this report. Revisions to prior submittal: The proposed project has been revised based on comments received from the Planning Commission pertaining to the proposed amount of recreational-leisure area provided. In response to the Commission’s comments, the applicant submitted revised plans showing the expansion of the first floor patio and second floor balconies, resulting in a total of 660 square feet of recreational-leisure area proposed. This exceeds the minimum Code requirement of 600 square feet (or 200 square feet per unit); therefore, a variance from this development standard is no longer required. The unit sizes were slightly reduced in order to accommodate the expanded patio and balconies. The expansion of the patio and balconies will result in a 15-foot wide setback from Haster Street. The previous proposal included a variance to permit a 17-foot setback; therefore, the applicant requests to reduce this setback two additional feet. The landscape plan to the right also shows the proposed artificial turf that will be incorporated into the project site. Although these areas cannot be counted as a part of the Code required recreational-leisure area due to their width and location, they will provide usable private and common outdoor areas that would be accessible only to residents within the apartment complex. Balconies (upper level) Patio (lower level) 5 ft. 15 ft. 15 ft. 10 ft. VARIANCE NO. 2015-05025 December 14, 2015 Page 3 of 4 FINDINGS AND ANALYSIS: Before the Planning Commission may approve a variance, it must make a finding of fact that the evidence presented shows that the following conditions exist: 1) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; 2) That, because of the special circumstances, shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. A variance is required because the project would have smaller front and interior yard setbacks than required by the Zoning Code. The following table compares the RM-4 development standards to the proposed project: Standard RM-4 Zone Code Requirements Proposed Front Yard Setback 15 feet Leatrice Lane and Alley North (Alley) South (Leatrice Lane) East (Haster Street) 5 feet 15 feet 15-20 feet 15-20 feet* Haster St. Interior Yard Setback (along east property line) 15 feet with 5 feet landscaped 10 feet (partially landscaped) Parking Spaces 7 spaces 7 spaces Recreational Leisure Area 600 sq. ft. 660 sq. ft. * The required setback abutting an arterial highway (Haster Street) shall have an average landscape setback of not less than 20 feet in depth, with a minimum 15 feet permitted; provided, however, that for every foot of building frontage having a setback of less than 20 feet, there shall be a foot of building frontage having a setback correspondingly greater than 20 feet. A variance is required because a 15-foot setback is proposed for the balconies and ground floor patio. A setback variance is required adjacent to Haster Street because an additional setback greater than 20 feet is not being proposed to compensate for the setback reduction to 15 feet. A variance recognizes that there may be individual lots within a zone or tract that, because of size, irregular shape, or unusual topography cannot be reasonably developed if all the development standards for the zone are strictly applied. The applicant has submitted a letter of justification indicating that the small size of the lot, as compared to all other RM-4 zoned properties on Leatrice Lane, makes it difficult to meet all of the development standards while providing adequate setbacks for the proposed apartment complex. The subject property is 64 feet wide while nearly all other lots in the immediate vicinity are 76 to 80 feet wide. If this property was of similar width, staff believes that the developer would be able to develop the site in accordance with all applicable Code requirements. VARIANCE NO. 2015-05025 December 14, 2015 Page 4 of 4 Staff believes that the complex is designed in a manner that is sensitive to the adjacent properties by providing reasonable yard areas that are compatible with the neighborhood. With a variance for structural setbacks, the property owner would be allowed to develop his property in a manner that is compatible with the other apartment complexes in the vicinity. Because this lot size is smaller than surrounding properties due to the widening of Haster Street, staff believes that there are special circumstances applicable to the property and that the strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. Environmental Impact Analysis: Staff recommends that the Planning Commission determine that the proposed project is within the class of projects (i.e., Class 3 – New Construction or Conversion of Small Structures) which consist of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of apartments, duplexes and similar structures designed for not more than six dwelling units. Since the proposed project consists of the construction of a three-unit apartment complex, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. CONCLUSION: Staff believes that the request to construct a three unit apartment complex on this legal non-conforming lot is justified because of the limited size of the lot and therefore, recommends approval of the project. In addition, staff believes that the project is well designed and will provide a quality living environment for future residents. Prepared by, Submitted by, Amy Stonich Jonathan E. Borrego Contract Planner Planning Services Manager Lilley Planning Group Attachments: 1. Draft Variance Resolution 2. Justification and Request Letter 3. Site, Floor and Elevation Plans 4. Development Summary RM-4PACIFIC PALMSAPARTMENTS80 UNITS RM-4FRENCH QUARTERAPARTMENTS152 UNITS RM-4SINGLEFAMILY RESIDENCE RM-4FOURPLEX RM-4FOURPLEX RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTS RM-4 APTSRM-4 APTS RM-4 APTSRM-4 APTS S H A S T E R S T E LEATRICE LN E WAKEFIELD AVE S . H A R B O R B L V D S . W E S T S T E. KATELLA AVEW. KATELLA AVE E. CERRITOS AVE S.MA NCHESTER AVE E. CHAPMAN AVE S . S T A T E C O L L E G E B L V D W. DISNEY WAY 105 East Leatrice Lane DEV No. 2015-00043 Subject Property APN: 137-342-22 °0 50 100 Feet Aerial Photo:May 2014 S H A S T E R S T E LEATRICE LN E WAKEFIELD AVE S . H A R B O R B L V D S . W E S T S T E. KATELLA AVEW. KATELLA AVE E. CERRITOS AVE S.MA NCHESTER AVE E. CHAPMAN AVE S . S T A T E C O L L E G E B L V D W. DISNEY WAY 105 East Leatrice Lane DEV No. 2015-00043 Subject Property APN: 137-342-22 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2015-05025 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00043) (105 EAST LEATRICE LANE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified petition for Variance No. 2015-05025 to permit (i) a 5-foot setback adjacent to the alley where a 15-foot setback is required adjacent to a “Primary” wall, (ii) a 10-foot setback including a 3-foot wide walkway and landscape on the east property line where 15 feet (5-foot landscape) is required, and (iii) patios/balconies to encroach into the required 20-foot setback adjacent to Haster Street in connection with the proposed construction of a three-unit apartment complex (herein referred to collectively as the "Proposed Project") for certain real property located at 105 East Leatrice Lane 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 one parcel, is currently vacant and undeveloped. The Anaheim General Plan designates the Property for Medium Density Residential land uses. The Property is located in the “RM-4” Multiple Family Residential Zone, meaning that the regulations contained in Chapter 18.06 (Multiple-Family Residential Zones) of the Anaheim Municipal Code (the "Code") shall apply; and WHEREAS, WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on November 2, 2015 to hear and consider evidence for and against proposed Variance No. 2015—05025 and to investigate and make findings and recommendations in connection therewith. Notice of said public hearing was duly given as required by Section 65090 of the California Government Code and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"). The public hearing was continued by the Planning Commission to December 12, 2015; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2015-*** WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 3 – New Construction or Conversion of Small Structures) which consist of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of apartments, duplexes and similar structures designed for not more than six dwelling units. Since the Proposed Project consists of the proposed construction of a three-unit apartment complex, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, paragraph .0101 of Subsection .010 (Setbacks Abutting a Public Street) of Section 18.06.090 (Structural Setbacks) of Chapter 18.06 (Multiple-Family Residential Zones) of the Code requires the minimum landscaped setback in the Multiple-Family Residential Zones abutting an arterial highway, such as Haster Street, to be an average "of not less than twenty (20) feet in depth, with a minimum fifteen (15) feet permitted; provided, however, that for every foot of building frontage having a setback of less than twenty (20) feet, there shall be a foot of building frontage having a setback correspondingly greater than twenty (20) feet" "as measured from the planned highway right-of-way line, as indicated in the Circulation Element of the General Plan . . . ."; and WHEREAS, paragraph .0102 of Subsection .010 (Setbacks Abutting a Public Street) of Section 18.06.090 (Structural Setbacks) of Chapter 18.06 (Multiple-Family Residential Zones) of the Code requires the minimum landscaped setback in the Multiple-Family Residential Zones abutting a public street other than an arterial highway, such as Leatrice Street, to be a minimum of fifteen (15) feet "as measured from the planned highway right-of-way line, as indicated in the Circulation Element of the General Plan . . . ."; and WHEREAS, the aforementioned street setback requirements apply in addition to the structural setback and yard requirements set forth in paragraph .0201 (Street Setbacks for Non- Residential and Multiple-Family Residential Lots) of Subsection .020 (Measurements) of Section 18.40.040 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) of the Code, which require "the minimum setbacks for all . . . multiple-family lots and parcels adjoining [a] . . . public . . . street[] . . . [to] be measured from the closest building to the . . . [t]he ultimate right-of-way of any adjacent public street or arterial highway . . . ." Because the Proposed Project does not meet the aforementioned street setback requirements, the applicant has requested a variance therefrom; and WHEREAS, Subsection .030 (Setbacks Abutting Interior Property Lines) of Section 18.06.090 (Structural Setbacks) of Chapter 18.06 (Multiple-Family Residential Zones) of the Code requires the minimum structural setback for a two-story structure in the Multiple-Family Residential Zones abutting an interior property line to be fifteen (15) feet along the entire length of the building with a minimum of five (5) feet of said setback landscaped; and - 3 - PC2015-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Variance No. 2015-05025 to allow structural and landscape setbacks smaller than required by the Code to permit the future construction of a three- unit apartment complex, should be approved for the following reasons: SECTIONS NO. 18.06.090.010.0101 AND 18.40.040.020.0201.01 Minimum Landscape Setback Adjacent to an Arterial Highway. (20 feet required; 15-20 feet proposed.) SECTIONS NO. 18.06.090.010.0102 AND 18.40.040.020.0201.01 Minimum Structural Setback Adjacent to a Public Alley. (15 feet required; 5 feet proposed) SECTION NO. 18.06.090.030 Minimum Structural Setback Adjacent to an Interior Property Line. (15 feet required; 10 feet proposed.) 1. There are special circumstances applicable to the Property due to the small size of the Property, as compared to all other RM-4 zoned properties on Leatrice Lane. The lot size was reduced when the Property was narrowed significantly in conjunction with a Haster Street widening project. Specifically, the widening of Haster Street left the subject Property in such a shape that the location of the proposed structure, as designed, requires variances from structural setback requirements on three sides of the Property. 2. Strict application of the Code would deprive the Property of privileges enjoyed by other properties under the identical zoning classification in the vicinity due to the legal nonconforming width of the Property, as compared to all other RM-4 zoned properties in the vicinity. This Property is one of the only parcels within the zoning district which was affected by the road widening. The subject property is 63 feet wide while nearly all other lots in the immediate vicinity are 76 feet wide. The nonconforming lot size makes it difficult to meet all of the development standards while providing adequate setbacks for the proposed apartment complex. Therefore, a variance will allow the development of the Property which is consistent with other multi-unit complexes in the area. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 4 - PC2015-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2015-05025, 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 2015. Said Resolution is subject to the appeal provisions set forth in Section 18.60.130 (Appeals – Planning Commission Decisions) of Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2015-*** - 7 - PC2015-*** EXHIBIT “B” VARIANCE NO. 2015-05025 (DEV2015-00043) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 The developer shall submit street improvement plans for work within public right-of-way to the Public Works Department, Development Services Division and a bond shall be posted to guarantee the construction of all public works improvements. The improvements shall be constructed prior to final building and zoning inspections. Public Works Department, Development Services Division 2 The developer/owner shall submit a set of improvement plans for Public Utilities Public Utilities Department Water Engineering Division review and Water Engineering approval in determining the conditions necessary for providing water service to the project. Public Utilities Department, Water Engineering Division 3 All back flow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. Public Utilities Department, Water Engineering Division 4 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Department, Water Engineering Division 5 All existing water services and fire services shall conform to current Water Services Standard Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities Department, Water Engineering Division 6 The developer/owner shall submit to the Public Utilities Department Water Engineering Division an estimate of the Water Engineering maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Public Utilities Department, Water Engineering Division - 8 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 7 Individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. Public Utilities Department, Water Engineering Division 8 All fire services 2-inch and smaller shall be metered with a UL listed meter, Hersey Residential Fire Meter with Translator Register, no equals. Public Utilities Department, Water Engineering Division GENERAL CONDITIONS 9 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 and Building Department, Planning Services Division 10 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 11 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 and Building Department, Planning Services Division Project name: 105 Leatrice Apartments Project address : 105 Leatrice St Anaheim APN : 137-34-222 RE : DEV2015-00043/ VAR2015-05025 Contact : Te, How Chin ( Andy) 714 5532988 ndt123@Gmail.com 1202 Laster Ave Anaheim Date : 09-30-15 Project owner have been worked and live in Anaheim over two decades; Andy felt that he could help the community be creating a good living environment in a hardship area, like 105 Leatrice St. Because of the lot configuration and reduced lot size due to street widening; and in the Anaheim Beatification Artisan zone require 20 feet set back from the street. We are requesting a few variances from City of Anaheim; 1. 18.06.090 Structural Setbacks – a. To permit a 5-foot setback adjacent to the alley where a 15-foot setback is required adjacent to a wall designated as “Primary. (The neighbors have 0 feet set back) b. To permit a 10-foot setback including 3-foot wide walkway and landscape on the east property line where 15 feet (5-feet landscaped) is required. 2. 18.06.080 Allowable encroachments 5 ft into the required setbacks - To permit patios/balconies to encroach into the required 20-foot setback adjacent to Haster Street. ATTACHMENT NO. 2 11 4 ' 47.40' 1 9 . 4 4 ' FI R S T S T O R Y : U N I T " A " SE C O N D S T O R Y : U N I T " B " & " C " LOT COVERAGE : 34' x 94' = 3196 SQ.FT. LOT SIZE : 64.16 x 114 = 7300 SQ.FT. 3237 / 7300 = 44% 3' x 13'-6" = 41 SQ.FT. 3237 SQ.FT. PATIO (PRIVATE AREA) 10' x 22'-6" = 225 SQ.FT. LIVING 15'-0" x 34' = 510 SQ.FT. 28'-6" x 29' = 827 SQ.FT. PROPOSED NEW TWO-STORY TRIP-PLEX UNIT "A" (TWO BEDROOMS, TWO BATHS) TANDEM GARAGE 3-TANDEM GARAGE & ONE GUEST PARKING SPACE 105 E. LEATRICE ST., ANAHEIM, CA. 92802 C/L LEATRICE ST. PARKING REQ'D FOR EACH UNIT : 2.25 PARKINGS TOTAL REQ'D PARKINGS FOR THREE UNITS : 3 x 2.25 = 6.75 PARKINGS TOTAL PARKINGS PROVIDED : 3 x 2 (TANDEM GARAGE) = 6 PARKINGS 1 GUEST PARKING SPACE = 1 PARKINGS TOTAL = 7 PARKINGS APN : 137-342-22 ZONING : RM-4 LEGAL DESCRIPTION 105 E. LEATRICE ST. ANAHEIM, CA. 92802 PROJECT ADDRESS TE HOW CHIN OWNER GENERAL PLAN : R-M EXIST. LAND USE : VACANT 1202 LASTER AVE. ANAHEIM, CA. 92802 GUY WIRE 10'-0"20'-0"34'-0"64.12' 64.18' 10 1 . 4 3 ' (E) GARAGE (E) TWO-STORY BUILDING (E) TWO-STORY BUILDING 20 ' - 0 " 15 ' - 0 " 3'-0" 12'-0" PA R K I N G S P A C E TA N D E M G A R A G E UN I T " A " TA N D E M G A R A G E UN I T " B " TA N D E M G A R A G E UN I T " C " SECOND STOTY 10'-0" 10'-0" 20'-0"34'-0"10'-0"64.12' 43 ' - 6 " 5'- 0 " 4'- 0 " 13 ' - 6 " 20 ' - 0 " 15 ' - 0 " 32 ' - 0 " 3' - 6 " 3 ' - 6 " 3' - 0 " 3' - 0 " 43 ' - 6 " 5'- 0 " 3'- 6 " 15 ' - 0 " 43 ' - 6 " 10 ' - 0 " 32 ' - 0 " 3'- 6 " 10 ' - 0 " C/L ALLEY C/ L H A S T R S T . 20'-0" 15'-0" 1 1 1 3 4 21 5 5 5 5 5 6 6 6 6 5 8 8 9 9 PATIO 6 7 7 7 7 (E ) C & G (E) C & G (E) CATCH BASIN 5'- 0 " 10 ' - 0 " 10 ' x 2 0 ' LEGEND 1 3'-0" HT. WROUGHT IRON 2 6'-0" HT. WROUGHT IRON 3 CONCRETE DRIVEWAY 4 CONCRETE PARKING 5 3'-0" CONCRETE WALKWAY 6 7 ARTIFITIAL TURF 8 EXIST. CONCRETE SIDE WALK 9 EXIST. PARKWAY 94 ' - 0 " 5'-0" TOTAL = 1325 SQ.FT. STORAGE AREA 2'-0" x 10' = 20 SQ.FT. 20 x 8' = 160 CU.FT. BALCONY (PRIVATE AREA) 10' x 22'-6" = 225 SQ.FT. LIVING 15'-0" x 34' = 510 SQ.FT. 28'-6" x 29' = 827 SQ.FT. UNIT "B" (TWO BEDROOMS, TWO BATHS) 43'-6" x 13' = 566 SQ.FT. TANDEM GARAGE BALCONY (PRIVATE AREA) 10' x 21' = 210 SQ.FT. LIVING 15'-0" x 34' = 510 SQ.FT. 27'-0" x 29' = 783 SQ.FT. UNIT "C" (TWO BEDROOMS, TWO BATHS) TANDEM GARAGE SITE PLAN 1" =10'-0" 105 E. LEATRICE ST., ANAHEIM, CA. 92802 -3' x 4' = - 12 SQ.FT. TOTAL = 1325 SQ.FT. -3' x 4' = - 12 SQ.FT. TOTAL = 1281 SQ.FT. -3' x 4' = - 12 SQ.FT. 7' 7' 50 ' 50 ' 7' ARTIFITIAL TURF 10 COLUMN 5'-0" 5 5 3'-0" 7 5'-0"2'-0" 43'-6" x 10'-6" = 457 SQ.FT. 43'-6" x 10'-6" = 457 SQ.FT. STORAGE AREA 2'-0" x 10' = 20 SQ.FT. 20 x 8' = 160 CU.FT. STORAGE AREA 2'-0" x 10' = 20 SQ.FT. 20 x 8' = 160 CU.FT. TOTAL PRIVATE AREA 225 + 225 + 210 = 660 SQ.FT. REVISED SCALE : NOTED DATE : 11/11/15 DRAWN BY : D.S. SHEET OF PR O J E C T OW N E R TE L ( 7 1 4 ) 5 5 3 - 2 9 8 8 TE H O W C H I N PR E P A R E D B Y TE L ( 7 1 4 ) 2 6 0 - 8 5 1 5 FO U N T A I N V A L L E Y , C A . 9 2 7 0 8 16 5 7 4 S U G A R L O A F S T . DU N G S A M PR O P O S E D T W O S T O R Y T R I P - P L E X 10 5 E . L E A T R I C E S T . AN A H E I M , C A . 9 2 8 0 2 12 0 2 L A S T E R A V E . AN A H E I M , C A . 9 2 8 0 2 ATTACHMENT NO. 3 REVISED SCALE : NOTED DATE : 11/11/15 DRAWN BY : D.S. SHEET OF PR O J E C T OW N E R TE L ( 7 1 4 ) 5 5 3 - 2 9 8 8 TE H O W C H I N PR E P A R E D B Y TE L ( 7 1 4 ) 2 6 0 - 8 5 1 5 FO U N T A I N V A L L E Y , C A . 9 2 7 0 8 16 5 7 4 S U G A R L O A F S T . DU N G S A M PR O P O S E D T W O S T O R Y T R I P - P L E X 10 5 E . L E A T R I C E S T . AN A H E I M , C A . 9 2 8 0 2 12 0 2 L A S T E R A V E . AN A H E I M , C A . 9 2 8 0 2 10'-6" 34'-0" 13'-0"10'-6" 43 ' - 6 " 3'- 6 " 43 ' - 6 " 3' - 6 " TA N D E M G A R A G E TA N D E M G A R A G E TA N D E M G A R A G E PATIO 5'-0"34'-0" STAIRS FIRST STORY FLOOR PLAN 1/8" =1'-0" 105 E. LEATRICE ST., ANAHEIM, CA. 92802 12 ' X 4 0 ' 10 ' X 4 0 ' 10 ' X 4 0 ' UN I T " A " UN I T " B " UN I T " C " SECOND STORY T T T T T T 7' - 0 " 22 ' - 6 " 15 ' - 0 " SECOND STORY 40 ' - 0 " C L E A R 12' CLEAR 10' CLEAR 10' CLEAR BEDROOM MASTER DININGLIVING ENTRY BATH KITCHEN HALL BEDROOM CLOSET 15 ' - 0 " 5' - 0 " 11 ' - 0 " 12 ' - 6 " 43 ' - 6 " 8'-0"12'-0"14'-0" 17'-0" 34'-0" 12'-0" 42 ' - 0 " 43 ' - 6 " 3' - 6 " 5'-0"34'-0" 15 ' - 0 " BEDROOM MASTER DININGLIVING ENTRY BATH KITCHEN HALL MA S T E R B A T H BEDROOM CLOSET 15 ' - 0 " 5' - 0 " 11 ' - 0 " 12 ' - 6 " 8'-0"12'-0"14'-0" FIRST STORY ROOF BELOW 5' - 0 " 5' - 0 " BEDROOM MASTER BATHHALL BEDROOM CLOSET 11 ' - 0 " 5' - 0 " 15 ' - 0 " 11 ' - 0 " KITCHEN ENTRY LIVING DINING UN I T " A " UN I T " B " UN I T " C " 5'-0" SECOND STORY FLOOR PLAN 1/8" =1'-0" 105 E. LEATRICE ST., ANAHEIM, CA. 92802 BA L C O N Y 4'- 0 " W.I.C. 4' - 0 " 3' - 6 " 21 ' - 0 " 5'-0" W.I.C.W D MA S T E R B A T H W D M A S T E R B A T H 4'- 0 " BA L C O N Y A B O V E BA L C O N Y ROOF PLAN 1/8" =1'-0" 105 E. LEATRICE ST., ANAHEIM, CA. 92802 4/12 4/ 1 2 4/12 4/12 4/12 4/12 4/12 4/12 4/12 4/12 4/12 4/ 1 2 4/ 1 2 4/ 1 2 RI D G E RI D G E RIDGE RIDGE VAL L E Y V A L L E Y 5'-0"3'-0"5'-0"3'-0"5'-0"1 1 1 2 2 3 3 3 3 3 4 444 4 4 5 7 6 6 6 6 6 6 7 7 8 3 8 8 7 7 8 7 8 8 9 9 9 10 10 10 1 2 3 4 5 6 7 8 EXTERIOR WINDOWS & DOORS SCHEDULE 3'x2' SL.WI. (BATH) 9 3'-0"x6'-8" DR. 3'-0"x6'-8" ENTRY DR. 5'x4' SL.WI. 3'-0"x6'-8" FR.DR.(TEMPERED) 2'x4' S.H. 3'x3' SL.WI. (BATH) 4'x4' SL.WI. 4'x3' SL.WI. 10 8'x7' ROLL-UP GARAGE DR.W/ AUTOMATIC REMOTE CONTROL 5 5 CONSTRUCTION NOTES ASPHALT SHINGLE ROOF OWENS CORNING / DESERT TAN SLOPE : 4/12 (TYP) OVERHANG : 18" (TYP) W D 42 ' - 0 " 43 ' - 6 " 3' - 6 " 5' - 0 " NO OVERHANG 5'-0"34'-0" 24 ' - 6 " 15 ' - 0 " 23 ' - 0 " 5' - 0 " 15 ' - 0 " 4'- 0 " 4' - 0 " 3' - 6 " 34'-0"5'-0" 5'-0" 3 2 W.I.C. 2 2 V A L L E Y VA L L E Y 4/ 1 2 4/ 1 2 2 3 3 STORAGE 2'- 0 " STORAGE 22 ' - 6 " 2'- 0 " STORAGE 15 ' - 0 " 2'- 0 " REVISED SCALE : NOTED DATE : 11/11/15 DRAWN BY : D.S. SHEET OF PR O J E C T OW N E R TE L ( 7 1 4 ) 5 5 3 - 2 9 8 8 TE H O W C H I N PR E P A R E D B Y TE L ( 7 1 4 ) 2 6 0 - 8 5 1 5 FO U N T A I N V A L L E Y , C A . 9 2 7 0 8 16 5 7 4 S U G A R L O A F S T . DU N G S A M PR O P O S E D T W O S T O R Y T R I P - P L E X 10 5 E . L E A T R I C E S T . AN A H E I M , C A . 9 2 8 0 2 12 0 2 L A S T E R A V E . AN A H E I M , C A . 9 2 8 0 2 8' - 0 " ~6 ' - 0 " 8" ~2 3 ' - 8 " 1' - 0 " 8' - 0 " 8'- 0 " ~2 ' - 2 " 8" ~1 0 ' - 1 0 " 21'-0"14'-9"23'-3"5'-0"24'-9" 8' - 0 " ~6 ' - 0 " 8" ~2 3 ' - 8 " 1' - 0 " 8' - 0 " 8'- 0 " ~2 ' - 2 " 8" ~1 0 ' - 1 0 " 42'-0"5'-0"3'-6"43'-6" 43'-6"3'-6"3'-6" 8' - 0 " ~6 ' - 0 " 8" ~2 3 ' - 8 " 1' - 0 " 8' - 0 " 8'- 0 " ~2 ' - 2 " 8" ~1 0 ' - 1 0 " 8' - 0 " ~6 ' - 0 " 8" ~2 3 ' - 8 " 1' - 0 " 8' - 0 " 8'- 0 " ~2 ' - 2 " 8" ~1 0 ' - 1 0 " 5'-0"34'-0" 5'-0"34'-0" FRONT ELEVATION (WEST) 1/8" =1'-0" REAR ELEVATION (EAST) 1/8" =1'-0"LEFT ELEVATION (NORTH) 1/8" =1'-0" RIGHT ELEVATION (SOUTH) 1/8" =1'-0" CONSTRUCTION NOTES ASPHALT SHINGLE ROOF 3 2 1 4 5 PATIO / BALCONY COLUMN LA HABRA STUCCO (TYP) / SILVER GRAY OR APPROVED EQUAL WINDOW / DOOR TRIM 6 ATTIC VENT. 1 22 2 2 2 2 2 5 2 4 4 6 1 1 1 2 2 2 2 3 (TYP) 3 (TYP) 3 (TYP) 4 4 2 2 2 2 6 4 3 (TYP) 3 (TYP) 2 2 1 6 2 23 (TYP) 1 2 22 1 1 1 4 12 4 12 18" (TYP) 18" (TYP) WOOD / PAINTED / DARK BROWN OR APPROVED EQUAL WOOD ACCENT / PAINTED / MADELRA ROSE 3 (TYP) OWENS CORNING / DESERT TAN OR APPROVED EQUAL LA HABRA STUCCO (TYP) / SILVER GRAY OR APPROVED EQUAL 2 3 (TYP)5 5 6 5 5 52 2 2 3 (TYP) 14'-9" 2 REVISED SCALE : NOTED DATE : 11/11/15 DRAWN BY : D.S. SHEET OF PR O J E C T OW N E R TE L ( 7 1 4 ) 5 5 3 - 2 9 8 8 TE H O W C H I N PR E P A R E D B Y TE L ( 7 1 4 ) 2 6 0 - 8 5 1 5 FO U N T A I N V A L L E Y , C A . 9 2 7 0 8 16 5 7 4 S U G A R L O A F S T . DU N G S A M PR O P O S E D T W O S T O R Y T R I P - P L E X 10 5 E . L E A T R I C E S T . AN A H E I M , C A . 9 2 8 0 2 12 0 2 L A S T E R A V E . AN A H E I M , C A . 9 2 8 0 2 8' - 0 " ~6 ' - 0 " 8" ~2 3 ' - 8 " 1' - 0 " 8' - 0 " 6' - 0 " REAR ELEVATION (EAST) 1/4" =1'-0" 39 ' - 0 " 45' POWER POLE PRIMARY ARM 5'5'4'6' FROM PRIMARY CONDUCTOR 10' CLEAR RADIAL 14 ' - 0 " 10 ' - 0 " IN THIS HATCH AREA NO STRUCTURE ALLOWED IN THIS HATCH AREA NO STRUCTURE ALLOWED FINISHED GRADE 3'2' MIN. 105 E. LEATRICE ST., ANAHEIM, CA. 92802 REVISED SCALE : NOTED DATE : 11/11/15 DRAWN BY : D.S. SHEET OF PR O J E C T OW N E R TE L ( 7 1 4 ) 5 5 3 - 2 9 8 8 TE H O W C H I N PR E P A R E D B Y TE L ( 7 1 4 ) 2 6 0 - 8 5 1 5 FO U N T A I N V A L L E Y , C A . 9 2 7 0 8 16 5 7 4 S U G A R L O A F S T . DU N G S A M PR O P O S E D T W O S T O R Y T R I P - P L E X 10 5 E . L E A T R I C E S T . AN A H E I M , C A . 9 2 8 0 2 12 0 2 L A S T E R A V E . AN A H E I M , C A . 9 2 8 0 2 11 4 ' 47.40' 1 9 . 4 4 ' LEATRICE ST. 64.18' 10 1 . 4 3 ' ALLEY HA S T R S T . (E ) C & G (E) C & G (E) CATCH BASIN SITE PLAN 1" =10'-0" 105 E. LEATRICE ST., ANAHEIM, CA. 92802 LEGEND PROPOSED TWO-STORY BUILDING CONCRETE WALK WAY / DRIVEWAY / PARKIING ARTIFITIAL TURF LANDSCAPE TREE PROJECT SUMMARY Development Standard RM-4 Standards Proposed Project Density 36 du/acre max. 18.75 units per acre Min. Site Area per Dwelling Unit 1,200 square feet 2,433 square feet Lot Width 70 feet 64 feet (legal non-conforming) Building Height 40 feet 23 feet, 8 inches Minimum Floor Area (2 BR Unit) 825 square feet 1,281-1,325 sq ft Maximum Site Coverage 55% 44% Recreational Leisure Area 600 sq. ft. minimum 660 sq. ft. Front Landscape Setback 5 feet minimum 15 feet Setback - North (Alley) 15 Feet 5 Feet Setback - South (Leatrice Ave.) 15 Feet 15 Feet Setback - East (Haster Street) 20 Feet 15-20 Feet Setback - West (Adjacent to Multi- Family) 15 Feet with 5 Feet Landscaped 10 feet (7 Feet of Landscape Area with a 3-ft. walkway) Parking 7 spaces 2.25 spaces per 2-BR unit 7 spaces (6 tandem garage plus 1 guest) ATTACHMENT NO. 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: DECEMBER 14, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 2010-05486E LOCATION: 2232 South Harbor Boulevard (M3Live) APPLICANT/PROPERTY OWNER: The applicant is Musa Madain and the property owner is P.A. Poon and Son, Inc. REQUEST: The applicant is requesting a six-month condition compliance review for an existing theater/banquet facility, as required by its conditional use permit (CUP). The applicant also requests the following amendments to the business operation to: 1) allow live musical concerts in the theater; 2) allow the restaurant and banquet room to operate concurrently with events in the theater; 3) extend the permitted hours of operation for the restaurant and banquet facility; and, 4) amend a condition of approval pertaining to parking lot lighting. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that a previously-approved Mitigated Negative Declaration is the appropriate environmental determination for this request, and approve, in part, Conditional Use Permit No. 2010-05486E. BACKGROUND: This item was heard at the Planning Commission meeting of November 16, 2015. The Planning Commission continued the item due to non- payment of fees by the applicant. In July 2010, a conditional use permit was approved to permit a 43,500 square foot dinner theater venue known as Battle of the Dance. The dinner theater opened for business in February 2011. The dinner theater business struggled shortly after opening and the operator subsequently began allowing night club and concert promoters to use the venue in violation of the CUP. This expanded activity resulted in negative impacts to the surrounding community. Complaints received were generally related to loud music emanating from the building and disruptive customers loitering in the parking lot. There had previously been no issues or complaints from the residential community when the Battle of the Dance operated solely as a dinner theater, in compliance with the CUP. In May 2012, the CUP for Battle of the Dance was amended to allow various activities accessory to the dinner theatre operations, including private parties, meetings and banquets, religious assembly, and, sporting and convention events. CONDITIONAL USE PERMIT NO. 2010-05486E December 14, 2015 Page 2 of 6 Additional activities, including public dance hall (nightclub) activities and music concerts were requested at that time, but denied by the Planning Commission. Battle of the Dance subsequently closed in late 2012 and the building remained vacant until occupied by the current tenant, M3 Live. M3 Live opened for business in September 2014 and the first dinner theater show was held on October 17, 2014. The initial business description for M3 Live included dinner theater shows on Friday and Saturday nights and a restaurant that would operate from Sunday through Thursday. Prior to its opening, the Commission reviewed revised floor plans for M3Live to convert the front portion of the building to a restaurant dining area. This area had previously been used as a large lobby area, including a small stage, when operated as Battle of the Dance. The approved modification did not include changes to the conditions of approval, and the new (current) operator agreed to abide by all of the pre-existing conditions of the CUP, including a six-month compliance review to be scheduled before the Planning Commission following the start of operations. On May 18, 2015, the Commission considered a six-month compliance review for M3 Live. The compliance review included a request by the applicant to amend the CUP by removing the requirement to provide dinner in conjunction with theater shows, expanded hours of operation and revised floor plans. The Commission approved the request, in part, permitting live shows in the theater without dinner, with the exception of musical concerts; extending the hours of operation for banquets until midnight on Friday and Saturday nights; and, revising the floor plan for the main dining room. The approved changes to the dining room included relocation of the bar from the middle of the room to a side wall, but these physical changes have not been implemented. PROPOSAL: In addition to the current six-month compliance review, the applicant is requesting modification to the CUP, as follows: 1. Allow Concerts: The applicant requests the ability to host concert events in the theater. Condition No. 8 of the current Planning Commission resolution (Attachment 2) prohibits concerts to be held in the theater. The current prohibition does not extend to musical performances held in conjunction with dinner theater shows. 2. Concurrent Uses: The applicant requests that the restaurant be open to the public when events are held in the theater or the small banquet room. Condition Nos. 11 and 12 currently restrict concurrent events. 3. Extend Permitted Hours of Operation: The applicant proposes to change the hours of operation for the restaurant. Approved hours are Sunday – Thursday, 9:00 a.m. to 10:00 p.m. and Friday/Saturday, 9:00 a.m. to midnight. Proposed hours are 9:00 a.m. to 2 a.m., daily. The applicant is further requesting to extend the mid-week operating hours of the banquet facility from 10:00 p.m. to midnight. No changes are proposed to the hours for the theater. 4. Parking Lot Lighting: The applicant requests that, rather than keeping the entire parking lot lit after business hours, that after hours lighting be focused on the eastern portion of the site only, behind the building. Condition No. 30 requires that the entire lot be lit during all hours of darkness. CONDITIONAL USE PERMIT NO. 2010-05486E December 14, 2015 Page 3 of 6 FINDINGS AND ANALYSIS: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That 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; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. Six Month Review: Per the conditions of approval for this CUP, the business is subject to a six- month review by the Commission to ensure on-going compliance with the conditions of approval and to ensure that the venue is being operated without detriment to the surrounding neighborhood. The CUP also requires Code Enforcement staff to conduct four inspections during the six month review period. Four inspections were conducted during the past six months, as follows: July 18, 2015 in the evening during a concert; September 19, 2015 during a daytime car club event and an associated concert later that evening; October 8, 2015 during a non-event day; and October 28, 2015 during a non-event day. Prior to the first Code inspection on July 18, 2015, the applicant made considerable physical improvements to the property to address noise concerns that have been raised by nearby neighbors during prior concert events. These improvements include the addition of sound proofing insulation to the walls, doors and within the attic area of the theater. Following the installation of this sound-proofing, staff visited the venue to conduct a sound-check in order to gauge its effectiveness. During the inspection, one staff member was stationed in the theater during a concert event to confirm the decibel level inside the venue and another staff member was stationed inside a neighboring residence to observe any noise or vibration. Staff observed that, when music in the theater was held below 95 decibels, no sound was audible, or vibration discernable, off-site. On September 19, 2015, Planning, Code Enforcement and Police Department staff was on-site at various times of day and night. The venue was hosting a weekend event hosted by a car club that included a live concert and other entertainment, including food service. Classic cars were parked in the parking lot and activities were held within the venue. In the afternoon and evening, staff observed that some music was audible at the front of the venue, facing Harbor Boulevard, but no noise was heard around the building adjacent to the neighboring properties. CONDITIONAL USE PERMIT NO. 2010-05486E December 14, 2015 Page 4 of 6 During the October 8 inspection on a non-event day, Code Enforcement staff noted that various conditions of approval had not been complied with, including removal of the metal brackets from the former exterior murals at the front of the building and lack of painted numbers on the valet stalls. By the October 28 visit, these items had been remedied. Since the last 6-month compliance review in May 2015, the applicant has demonstrated a good- faith effort to mitigate impacts to the surrounding neighborhood, particularly with respect to soundproofing the theater. There have been 35 calls for police service to this location within the past year which is not atypical for this type of venue. Approximately half of these calls were related to noise complaints received from the neighborhood to the south but many of these calls were received prior to the installation of the additional sound-proofing. There were, however, three instances in the last six months that the Police Department received complaints regarding the business operating beyond its the permitted hours of operation. The complaints occurred on Saturday, May 30, 2015, in which a high school prom event lasted until 1:00 a.m. in violation of the midnight limit; Monday, June 29, 2015, in which a truck was being loaded in the rear parking lot at 1:22 a.m.; and, Sunday, September 13, 2015, in which music was playing beyond the10:30 p.m. limit and the Police Department confirmed that guests were still in the venue at 11:45 p.m. in violation of the CUP. During the past six months, the City has also received complaints that the parking lot lights were off on numerous occasions, mostly during the months of September and October. The current CUP includes a condition of approval that requires parking lot lighting to be on during all hours of darkness. Code Enforcement staff checked the lights during early morning hours and, in September, confirmed that the lights were off on multiple visits. Staff informed the applicant, who claimed that the issue was caused by a faulty relay switch. The switch was repaired, but staff continued to receive complaints. In response to these subsequent complaints, Code Enforcement staff checked the lights during early morning hours and found them to be on during each visit. During the public hearing on November 16, there was discussion regarding a recent instance in which the venue operated past the allowed hours. Since that hearing, there was another event that was held past the permitted hours. On Wednesday, November 25, a comedy act operated past the permitted 10 p.m. closing time and the Police Department verified that there were still patrons on site when they arrived at 11: 40 p.m. Requested Operational Changes: 1. Allow Concerts: The applicant requests the ability to host concert events in the theater without the requirement to serve a meal. Since the last review of the permit, staff’s concerns with noise and vibration have been addressed. Substantial soundproofing has been installed in the theater and staff has field-verified the effectiveness of these improvements on various occasions. Staff and the applicant have concluded that maintaining tables and table covers in the theater space promotes sound absorption and the applicant has agreed to keep the tables in place during concert events. An in-house sound technician is employed by the owner and is currently responsible for managing operation of the venue’s sound board during all concert events to ensure that volumes are consistently kept a level that will not CONDITIONAL USE PERMIT NO. 2010-05486E December 14, 2015 Page 5 of 6 disturb the adjacent area. As previously described, staff observed that an interior sound level of up to 95 decibels is acceptable, and the applicant has committed to keeping the sound levels at or below 85 decibels to ensure non-disturbance. Conditions of approval reflecting the proposed operations have been included in the draft resolution. Staff recommends that the Planning Commission approve the applicant's request to allow concerts in the theater subject to the recommended conditions of approval. 2. Concurrent Uses: The applicant requests that the restaurant be allowed to operate when concurrent events are held in the theater or the small banquet room. Staff has reviewed the original parking study prepared for the venue and has determined that there would be sufficient parking provided on-site to support up to 175 restaurant patrons if the theater was filled to capacity. Staff believes that sufficient parking is also available to allow the small banquet room and restaurant to operate concurrently at full capacity. Although not requested by the applicant, staff does not believe that sufficient parking exists to allow concurrent operation of all three venue spaces (i.e., restaurant, theater and banquet room). Therefore, staff supports the applicant’s request to allow concurrent events within the restaurant and either the banquet room or theater space. 3. Extend Permitted Hours of Operation: The applicant requests later hours of operation for the restaurant, which would be changed from 12 midnight until 2 a.m., daily. The applicant further requests that permitted hours for the banquet facility be extended from 10:30 p.m. to midnight, Sunday through Thursday. No changes to theater hours are proposed. The applicant proposes that no deejay, band or other live entertainment would be allowed in the facility past midnight in the event that restaurant hours are extended to 2:00 a.m., as requested. Staff does not support the applicant’s request to extend the restaurant’s operating hours beyond 10 p.m. on weeknights or midnight on weekends. Noise associated with the end of an event, including car alarms, music being played from cars, and patrons talking and loitering in parking areas are inevitable; therefore, the facility should close at an acceptable hour so as not to affect the peaceful enjoyment of the surrounding homes. Staff is concerned that extended hours for the restaurant would encourage theater or banquet patrons to carry their group activities into the restaurant during early morning hours. These groups of patrons would be likely leave the venue at the same time during these extended hours which significantly increases the likelihood of noise complaints or other disturbances. Unlike a typical restaurant, this venue includes different elements that make it difficult to segregate hours of activity. For example, banquets would not be allowed to operate past midnight but it would be very difficult to enforce this rule if banquet patrons were able to migrate to the restaurant space after hours and continue their celebration. As described above, during the past six months the business owner has also allowed the business to operate beyond the allowed time limits in violation of the CUP which demonstrates an inability to adhere to current time limits. In order to objectively assess the venue’s current impacts to the surrounding community, staff recently visited residences that are closest to the subject property to the south and east in order to solicit opinions on the operations of the business. Of the 20 residences visited, staff spoke with seven residents. The seven residents contacted do not include persons that CONDITIONAL USE PERMIT NO. 2010-05486E December 14, 2015 Page 6 of 6 have testified at previous Planning Commission hearings. The level of disturbance expressed by each of the residents varied; some were not bothered at all by the current operations, while others experienced some noise impacts but found them tolerable. Of the residents that did experience noise, the majority commented that they would be opposed to extending the venue’s business hours. 4. Parking Lot Lighting: The applicant requests that, rather than keeping the entire parking lot lit after hours, that lighting be focused on the eastern portion of the site when the business is closed. According to the applicant, this change is requested as a means to reduce business expenses. Staff is supportive of this request since the front portion of the property is adequately lit by the ambient lighting from street lights and surrounding commercial properties. Staff has proposed revised language to the conditions of approval requiring that the eastern half of the parking lot be lit from dusk until 5:30 a.m. to discourage loitering or criminal activity behind the main building. Correspondence: Staff received the attached email, dated November 11, 2015, opposing the extended hours due to noise by departing patrons experienced in the parking lot. Environmental Analysis: Staff has determined that the subject request is within the parameters and assumptions analyzed in the previously-approved Mitigated Negative Declaration prepared for the original theater venue, since there is no physical change to the building or property and no increase in the maximum capacity of the business is proposed; therefore, the proposed amendment to the CUP will not create any additional environmental impacts beyond those analyzed and addressed by the previously-approved Mitigated Negative Declaration and associated Mitigation Monitoring Program. CONCLUSION: Staff believes the applicant has made significant improvements in soundproofing the building and has made significant progress towards ensuring that the business operates in a manner that is compatible with the surrounding community. Staff supports the applicant’s requested changes, in part, including allowing concerts in the theater, allowing the restaurant to operate concurrently with the theater and modifications to lighting requirements. Staff does not support the request to extend operating hours on weeknights past 10:00 p.m. or weekends past midnight, for the reasons described in the report. Prepared by, Submitted by, Elaine Thienprasiddhi Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Current Conditional Use Permit Resolution 3. Applicant’s Letter of Request 4. Correspondence in Opposition to the Request 5. Photographs 6. Previously-Approved Site and Floor Plans 7. Previously-Approved Negative Declaration RM-3CONDOMINIUMS64 DU SP 92-2DA1PARKING LOT SP 92-2DA1MEDICAL OFFICE SP 92-2DA1RENT FOR LESS SP 92-2DA1RESTAURANT SP 92-2DA1COMFORT INNMAINGATE SP 92-2DA1RETAIL SP 92-2DA1BANK RM-2CONDOMINIUMS95 DU RM-2CONDOMINIUMS95 DU RM-2SMOKETREE TOWNHOMES123 DU RM-3CONDOMINIUMS106 DU RM-3CONDOMINIUMS106 DU RM-3CONDOMINIUMS106 DU RM-3CONDOMINIUMS106 DUSP 92-2 DA1AUTO REPAIR/SERVICE SP 92-2 DA1QUALITY INNMAINGATE SP 92-2 DA1JACK IN THE BOXRESTAURANT RM-3CONDOMINIUMS106 DU SP 92-2DA1RETAIL C-G4PLEX SP 92-2 DA1HACIENDA INN& SUITES RM-4HARBOR CLIFFAPARTMENTS130 UNITS R S -2 S I N G L E F A M I L Y R E S I D E N C E R S -2 S I N G L E F A M I L Y R E S I D E N C E W S U M M E RF IEL D C IR S S CUTTY WAY W S U M M E R F I E L D C I R S CUTTY WAY S M I R A C T S W IL L O W B R O O K L N W WILKEN WAY S M A L L U L D R S M A D R I D S T S H A R B O R B L V D C I T Y O F A N A H E I M C I T Y O F G A R D E N G R O V E W. KATELLA AVE S . W E S T S TS. N I N T H S T W.ORANGEWOOD AVE S . H A S T E R S T E. KATELLA AVE E. CHAPMAN AVE E. GENE AUTRY WAY S . L E W I S S T 2232 South Harbor Boulevard DEV No. 2009-00083E Subject Property APN: 233-051-08 °0 50 100 Feet Aerial Photo:May 2014 W S U M M E R F I E L D C I R W S U M M E R F I E L D C I R S W S U M M E R F I E L D C I R S CUTTY WAY W S U M M E R F I E L D C I R S CUTTY WAY S M I R A C T S W IL L O W B R O O K L N W WILKEN WAY S M A L L U L D R S M A D R I D S T S H A R B O R B L V D C I T Y O F A N A H E I M C I T Y O F G A R D E N G R O V E W. KATELLA AVE S . W E S T S TS. N I N T H S T W.ORANGEWOOD AVE S . H A S T E R S T E. KATELLA AVE E. CHAPMAN AVE E. GENE AUTRY WAY S . L E W I S S T 2232 South Harbor Boulevard DEV No. 2009-00083E Subject Property APN: 233-051-08 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05486, AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC 2015-037 AND DETERMINING THAT A PREVIOUSLY-APPROVED MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THIS REQUEST (DEV2009-00083E) (2232 SOUTH HARBOR BOULEVARD) WHEREAS, on July 19, 2010, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (hereinafter referred to as ("Planning Commission"), by its Resolution No. PC2010-057, did approve Conditional Use Permit 2010-05486 (the "Original CUP") to permit the conversion of two adjoined vacant commercial buildings located on a legal non-conforming 4.8-acre site into the “Battle of the Dance” dinner theater, which included enhanced landscaping and wall murals, located at 2232 South Harbor Boulevard, City of Anaheim, County of Orange, State of California (the “Property”), as generally depicted on the map attached hereto as Exhibit “A” and incorporated herein by this reference; and WHEREAS, on May 7, 2012, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC2012-033, approved an amendment to the Original CUP (designated as “Conditional Use Permit No. 2010-05486B”) to permit additional entertainment and community assembly uses (including: private parties, meetings and banquets, religious services, and sporting and convention events) in conjunction with a previously-approved dinner theater, with or without the sale of alcoholic beverages for on-premises consumption, but denied the request to allow public dances (dance venue), launch parties and music concerts (herein referred to as the "2012 Amendment"); and WHEREAS, on April 7, 2014, and subject to certain conditions of approval, the Planning Commission, by motion, approved a minor amendment to the Original CUP (designated as “Conditional Use Permit No. 2010-05486C”) to revise the floor plan for a previously-approved dinner theater, restaurant, and banquet facility to accommodate a full-service restaurant and dinner theater (herein referred to as the "2014 Amendment"); and WHEREAS, on May 18, 2015, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC2015-037, approved an amendment to the CUP (designated as “Conditional Use Permit No. 2010-05486D”), in part, to change the use from a dinner theater to a live performance theater, extend the operating hours an additional half hour for the banquet facility and restaurant, and modify previously-approved floor plans; denying that portion of the request to extend the hours of operation for the restaurant and the banquet facilities (herein referred to as the "2015 Amendment"); and - 2 - PC2015-*** WHEREAS, the Original CUP, the 2012 Amendment, 2014 Amendment and 2015 Amendment shall be referred to collectively herein as the "CUP". The conditions of approval which were the subject of the Original CUP, as amended and modified by the 2012 Amendment, 2014 Amendment, and 2015 Amendment shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, this Property is currently developed with a 43,500 square foot building, located within the boundaries of the Anaheim Resort Specific Plan and within the Commercial Recreation (C-R) District (Development Area 1) of the Anaheim Resort Specific Plan Zone. The Property is designated for Commercial Recreation land uses in the Anaheim General Plan; and WHEREAS, one of the conditions of approval which were the subject of the 2015 Amendment (specifically, Condition No. 6) states that the permit be reviewed by the Planning Commission at a noticed public hearing six months from May 18, 2015 to ensure on-going compliance with the conditions of approval and to ensure that the venue is being operated without detriment to the surrounding neighborhood; and WHEREAS, the Planning Commission did receive a verified petition to further amend the CUP (designated as "Conditional Use Permit No. 2010-05486E") to 1) to allow live musical concerts in the theater; 2) allow the restaurant to operate concurrently with events in the theater; 3) extend the permitted hours of operation for the restaurant until 2 a.m., daily; 4) amend a condition pertaining to lighting. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 16, 2015 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 (Procedures) of the Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against the six-month compliance review, said proposed Conditional Use Permit No. 2010-05486E, and to investigate and make findings and recommendations in connection therewith. The public hearing was continued by the Planning Commission to December 14, 2015; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the proposed amendment to the CUP will not create any additional environmental impacts beyond those analyzed and addressed by the previously approved Mitigated Negative Declaration and associated Mitigation Monitoring Program No. 158, and is therefore, exempt from the requirement to prepare additional environmental documentation; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for an amendment to the CUP, does find and determine the following facts: - 3 - PC2015-*** 1. The request to amend the CUP to change the operations of the existing live performance theater, restaurant and banquet facility is within that class of primary uses (i.e., Entertainment Venue and Community and Religious Assembly) subject to a conditional use permit authorized under Section 18.116.070 (Uses – Commercial Recreation (C-R) District (Development Area 1) of the Code. 2. With the exception of the requested extension of the hours of operation, the request to change the operations of the existing live performance theater will not adversely affect the surrounding land uses and the growth and development of the area, with the implementation of the conditions of approval. 3. The size and shape of the site is adequate to allow the full operation of the proposed uses in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because no expansion to the building is proposed and all activities would be inside the building. 4. The traffic generated at the site would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with traffic impacts associated with the originally-permitted dinner theater. 5. The granting, in part, of the amendment to the CUP 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, with respect to the requested extended hours of operation for the restaurant, that all of the conditions and criteria for fully approving the requested amendment to this conditional use permit are not present for the following reasons: 1. The request to extend hours of operation for the restaurant would allow theater or banquet patrons to carry their group activities into the restaurant for the later hours. Differing hours for the various uses would be extremely difficult to monitor and enforce. The Police Department has also validated that the business has operated beyond the allowed time limits on three occasions. 2. Noise associated with the end of an event, including car alarms, music being played from cars, and patrons talking and loitering in parking areas are inevitable; therefore, the facility should close at an acceptable hour so as not to affect the peaceful enjoyment of the surrounding homes. 3. The Property is adjacent to residential uses to the south and east, which are immediately adjacent to the parking areas for the facility. Closing hours beyond those approved would impact the quiet enjoyment of the neighbors’ properties. - 4 - PC2015-*** WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2010-05486E to 1) allow live musical concerts in the theater; 2) allow the restaurant to operate concurrently with events in the theater; and 3) amend a condition pertaining to lighting; provided, however, that the Planning Commission does hereby deny that portion of the request to extend the hours of operation for the restaurant. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2010-05486E contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference (the "Revised Conditions of Approval"). BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the CUP shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the CUP, as amended by Conditional Use Permit No. 2010-05486E. BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to the uses permitted under Conditional Use Permit No. 2010-05486E, 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 those conditions of approval that relate to the uses permitted under Conditional Use Permit No. 2010-05486E 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. - 5 - PC2015-*** 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 December 14, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2015-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 7 - PC2015-*** - 8 - PC2015-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05486 (CUP2010-05486E) (DEV2009-00083E) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 This permit shall be reviewed by the Planning Commission at a noticed public hearing in six months to ensure on-going compliance with the conditions of approval and to ensure that the venue is being operated without detriment to the surrounding neighborhood. The costs associated with this public hearing shall be borne by the applicant. Planning and Building Department 2 Hours of operation shall be limited to the following: Banquets and Restaurant: • Sunday – Thursday: 9:00 a.m. to 10:00 p.m. • Friday/Saturday: 9:00 a.m. to midnight Theater: • Sunday – Thursday: 9:00 a.m. to 10:00 p.m. • Friday/Saturday: 9:00 a.m. to 11:30 p.m. Guests must be cleared from the property within 30 minutes of the time limits stated above. Security personnel shall be responsible for maintaining orderly conduct and prompt exiting from the property. The disassembly and/or loading of equipment following events shall cease no later than one hour beyond the time limits stated above. Planning and Building Department Police Department 3 Deejays, bands or any other form or live entertainment shall be limited to the following: • Sunday – Thursday: 9:00 a.m. to 10:00 p.m. • Friday/Saturday: 9:00 a.m. to midnight Police Department 4 The maximum sound level within the venue shall be maintained at 85 decibels or less. 5 The tables and table covers shall be maintained in the theater during events to serve as sound absorption. 6 Ticketed concert or musical events or any concert or musical event open to the general public shall not be held in any restaurant/banquet area. Planning and Building Department - 9 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 Concurrent events are permitted subject to the following: • During an event in the theater, up to 175 restaurant patrons are permitted. • During an event in the theater, a private event shall not be held in the main dining room. • During an event in the theater and a private event in the small banquet room, the restaurant shall not be open to the public. Planning and Building Department 8 Events taking place on the same day shall be scheduled a minimum of two hours apart in order to ensure an adequate number of on-site parking spaces and adequate traffic flow. Planning and Building Department 9 The number of persons admitted shall not exceed 990 guests for events held within the theatre portion of the venue. Planning and Building Department 10 If noise complaints are received, and are validated by City staff, the applicant must cease operation of the noise source until such time that additional measures are implemented to eliminate the noise. Planning and Building Department 11 Trash shall not be emptied into outside trash containers between the hours of 10:00 p.m. and 7:00 a.m. Planning and Building Department 12 A chain or other barrier/barricade shall be maintained at either end of the south drive aisle from one hour before to one hour after events to prohibit cars and buses from driving through or parking in this area. Planning and Building Department 13 The permitted event or activity shall not create sound levels that violate any ordinance of the City of Anaheim. Planning and Building Department 14 The Parking Management Plan is subject to continuous review by the Planning and Building Department and Public Works, Traffic and Transportation Division. The plan shall include measures to ensure that the parking of vehicles and valet activities do not affect traffic on Harbor Boulevard and do not cause a disturbance to the residential neighbors. Planning and Building Department, Public Works Department 15 The business owner shall require that any valet operator review the Parking Management Plan and conditions of approval pertaining to valet operations and sign an agreement that they will comply with the requirements. Planning and Building Department 16 Valet attendants shall park vehicles in the numbered stalls reserved for valet. Valet attendants shall not rely upon chirping the key fobs to locate vehicles. Planning and Building Department 17 The valet stand shall be located at the west entry, as shown on the approved Parking Management Plan. Public Works Department, Traffic and Transportation Division - 10 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 18 The ongoing ability for guests to self-park at no charge shall be clearly posted. Optional valet parking may also be provided. Planning and Building Department Public Works Department, Traffic and Transportation Division 19 The parking area immediately behind the building shall be reserved for employees. Guests are not permitted to park in this area. Planning and Building Department 20 No buses are allowed in the parking area on the east side of the property, or the drive aisle along the south side of the property, including, but not limited to, buses for tour companies or performers. Planning and Building Department 21 Patrons shall be prohibited from parking on the adjacent commercial property to the south (currently occupied by Bank of America) unless written authorization to do so is received from the property owner and submitted to the Planning and Building Department. Planning and Building Department 22 The same security team for all events shall be provided by the business owner, utilizing a company approved by the Police Department. Customers hosting events at the facility are not permitted to employ or provide their own security, except for security that is in addition to the security team provided by the business owner. Police Department 23 The Security Plan is subject to continuous review by the Police Department, Vice Detail. The plan shall include measures 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 24 Any and all 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 25 The eastern portion of the property shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about the premises between dusk and 5:30 a.m. Police Department 26 All south and east facing doors shall remain closed at all times, except in case of an emergency. Security guards shall monitor the south and east doors during events to ensure that they remain closed. Police Department 27 Security personnel shall be responsible for maintaining orderly conduct and prompt exiting from the property. Police Department - 11 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 28 Management shall e-mail a monthly calendar of entertainment/events to the Vice Detail, attention mmirwin@anaheim.net, prior to the start of each month. Alternatively, the operator shall consistently maintain an “Event Calendar” on the website for the business. Police Department 29 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. Planning and Building Department 30 Any television or film activity shall be limited to filming, recording or broadcasting events that are authorized by this conditional use permit. Planning and Building Department 31 As recommended by the updated parking analysis prepared by Kunzman Associates, Inc. (dated March 7, 2012), events shall commence no earlier than 9:00 a.m. Public Works 32 As required by the facility’s Type 47 (On-Sale-General – Eating Place) Alcohol Beverage Control license, at all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of food normally offered in a restaurant. Police Department 33 That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code. Police Department 34 The sale of alcoholic beverages for consumption off the premise shall be prohibited. Police Department 35 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 36 The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) Police Department 37 Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. Police Department - 12 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 38 All employees and patrons shall be clothed in such a way as to not expose "specified anatomical areas" as explained in the Anaheim Municipal Code. Police Department 39 Petitioner(s) shall not require patrons to purchase a minimum number of drinks. Police Department 40 Entertainment is allowed only within the building. No entertainment, including band warm-up and rehearsal, is allowed in the parking lot. Police Department 41 The property shall not be operated as a “Dance Venue”, as defined in Section 18.92.070 of the Anaheim Municipal Code. Police Department 42 No minor under the age of sixteen (16) years shall be allowed to attend the dance or event, unless accompanied by a parent or guardian. Police Department 43 Managers, owners, bar tenders, and wait staff shall call the Department of Alcoholic Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs) Training. The contact number is (714) 558-4101. Police Department 44 The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. (Section 4.18.050.0302 Anaheim Municipal Code) Police Department 45 Any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the permit. (Section 4.18.110(A) Anaheim Municipal Code) Police Department 46 Signs shall be posted on the interior of the south and east facing exit doors stating “Do Not Open, Except in Emergencies.” Planning and Building Department 47 All guest parking spaces that may be used for valet service shall be marked with a number. The 34 parking spaces behind the building and closest to the south property line shall be marked “Employee.” Planning and Building Department 48 Signs shall be posted at all exits stating “No alcohol beyond this point.” Police Department GENERAL 49 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 and Building Department, and as conditioned herein. Planning and Building Department 50 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 Planning and Building Department - 13 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 51 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department ATTACHMENT NO. 2 2232 S. Harbor Blvd. Anaheim, CA 92802 - 714 299-1170 November 9, 2015 City of Anaheim Planning Department 200 S. Anaheim Blvd. Anaheim, California 92802 M3 Live has been operating for over one year at its present location on a limited scale, with considerable restrictions via the Conditional Use Permit 2010-05486 currently in place. In the evermore competitive marketplace of food service and entertainment businesses in the Anaheim Resort area, the operation has proven that it can handle its patrons effectively and almost invisibly, as well as controlling other management issues in a manner that allows M3 to blend into the neighborhood nearly seamlessly. Verifiable, reasonable concerns of neighboring residents have been quickly addressed and resolved to a degree substantially in excess of the City Zoning Code provisions, as well as the conditions of the CUP. M3 has proven itself capable of existing in a manner that demonstrates its concern for compliance with its CUP. In order to be relevant in the Anaheim Resort Climate and to (finally) become profitable, we must be able to increase our customer capacity, and to do so at greater frequency. We feel it reasonable to ask for a modest extension of operating hours and the option to conduct multiple operations contemporaneously. The following is our proposal: STATEMENT OF PROPOSED OPERATIONS THEATER, RESTAURANT & BANQUET HALL BUSINESS HOURS: • Theater Hours: 9:00 am to 10:00 pm Sunday through Thursday 9:00 pm to 11:30 pm Friday and Saturday > All concerts are allowed with or without dinner (customers can enjoy a meal before the show in the restaurant area) • >One hour after the show ends guest must cleared from the building. Unless the guest chooses to enjoy the restaurant area. • Restaurant Hours / When food will be served: Monday through Sunday from 9 am to 2am. (Full Menu will be available until closing) o During the restaurant hours live music entertainment will be provided during restaurant hours o Monday through Sunday live music must end at 12:00 am, restaurant will remain open until 2am. ATTACHMENT NO. 3 • Banquet Hours: Monday through Sunday from 9 am to 12am. > Food would be served during these hours. > Live entertainment would be allowed during these hours. It was M3Live intention (and business plan) to concurrently operate multiple events from its first day of operation, and that is still its desired method of operation. M3Live does NOT plan or wish to operate as a “Night Club.” RECENT TENANT IMPROVEMENTS IN SUPPORT OF NEW PROPOSED OPERATIONS: • Sound proofing of attic area between ceiling and roof to ensure that no sound escapes to outside. • Addition of sound proofing to east and south walls that face toward residential areas. • Addition of sound proof doors on south east exit, ensuring no sound escapes to neighbors. • Sound proofing of rear east door including a metal frame with additional sound proofing material on outside of door that eliminates any sound from escaping around the doors edge. • Our sound engineers have a sound measurement device located at the house mix position that is monitored during all performances to ensure the audio levels do not exceed 85 decibels inside the building. • The above was tested during a live concert performance by John Borrego and Elaine. • Signs have been placed inside the building on all doors located on the east and south doors facing the residential area reminding guest and employees not to exit and or open the doors during a live concert. Through substantial soundproofing measures, we have effectively reduced the sound outside the building walls to that of an MP3 player, and have had no verifiable complaints that sound has exceeded that permitted by the Zoning Code. Attached is a list of all the events that have been taken place at M3Live during the last six months of “probation” period. During this time we have not had any fights or any other unlawful activities at the venue, and have not called (nor been visited by) the police related to any of our shows or events. We feel that this demonstrates exemplary management. For the reasons mentioned above, we are asking that the City support my requests stated above. Very truly yours Musa Madain M3Live Bar and Grill 1 Elaine Thienprasiddhi From:Elle Smith <elleraesmith@gmail.com> Sent:Wednesday, November 11, 2015 12:25 PM To:Elaine Thienprasiddhi Subject:M3Live Operations 6-Month Review Hi Elaine, I am a resident of Smoketree Anaheim in unit 137 and would be directly affected by change to M3Live Operations were their hours to be extended. My concern would be the parking lot noise from patrons (especially inebriated, loud, and vulgar ones) and their cars leaving after events that end later than 11p. My mailbox along with other residents in the 2315 building block was broken into and therefore I did not have opportunity to view the public notice and be apprised of the change proposed for M3Live during this period review. In any event, I left a voicemail to express my concern as to departing patrons' noise level in the parking lot adjacent to my unit. Infrequent occasions which has since taken place after the last review in May were tolerable and did not last beyond an hour at most. However, more frequent instances along with events ending near midnight or later would present challenge by disturbing me along with nearby residents of our deserved restful slumber. Thank you for your consideration. Respectfully, Eloisa R. Smith 2315 S. Mira Court Unit 137 Anaheim, CA 92802 Mobile: 949-680-8987 ATTACHMENT NO. 4 View of west elevation, across Harbor Boulevard View of north elevation ATTACHMENT NO. 5        Ú Ú Ú .   m       7 ÚÚ.m7ÚÚÚÚ .   m       7 ÚÚ.m7 BF= 43,500 sq. ft.PROPOSED DINNE R T H E A T E R N O R T H V EE E P E EP E EP EP E NBPNBPCENTERLINE OF HARBOR BOULEVARDCITY OF ANAHEIMCITY OF GARDEN GROVE NBP N B P NBP N P D E NBP GENERAL CIRCULATIONAVAILABILITY LARGE AND SMALL BUSCIRCULATION PLAN TODROP-OFF/ BOARD CUSTOMERSLARGE & SMALL BUSES ENTER ATSOUTH DRIVE APPROACH ANDPROCEED TO DROP-OFF AREABETWEEN 7:00 AND 11:30 AMBUSES THEN LOAD CUSTOMERS &EXIT VIA R.H. TURN ONTO HARBORBLVD. TO ACQUIRE FREEWAY(S)FUNCTION:SYMBOL LEGEND:BIG BUS BACKINGSMALL BUS BACKINGALTERNATIVE ENTRY PLANDURING PERFORMANCEINDEX OF SHEETS:EV1 PASSENGERS DROP-OFF AND PICK-UP PLANEV2 FLOOR PLAN/ SEATING ARRANGEMENT # 2 4 + .          # 5  0 1 6 ' & PASSENGER DR O P - O F F A N D P I C K - U P P L A N E V 1 / < . R E M O D E L F L O O R S P A C E ( M I N O R ) O F A N E X I S T I N G 4 3 , 5 0 0 S . F . D I N N E R T H E A T R E I N C L U D I N G : S I T E D A T A : P A R K I N G D A T A : S P A C E S R E Q U I R E D S P A C E S P R O V I D E D B U S P A R K I N G P R O V I D E D T O T A L P A R K I N G P R O V I D E D B U I L D I N G D A T A : O C C U P A N T L O A D F A C T O R : V I C I N I T Y M A P D E T A I L 3 D E T A I L 4 D E T A I L 5 I N D E S E N G I N C . M3 LIVE CONCERT AND EVENT CENTER A T T A C H M E N T N O . 6 EXIT E X I T E X I T E X I T E X I T E X I T E X I T EXIT EXIT EXIT EXIT E X I T EXITEXIT EXIT EXITEXIT # 2 4 + .         # 5  0 1 6 ' & / < . FLOOR PLAN E V 2 I N D E S E N G I N C . M3 LIVE CONCERT AND EVENT CENTER AnaheimPlanningDepartment, CurrentPlanning 200SouthAnaheimBoulevard, Suite162 Anaheim, CA92805 Tel: 714.765.5139 1580MetroDrive CostaMesa, CA92626 Tel: 714.966.9220Fax: 714.966.9221 E -mail: information@planningcenter.com Website: www.planningcenter.com INITIALSTUDYAND MITIGATED NEGATIVE DECLARATIONFOR: BATTLEOFTHE DANCEDINNER THEATER preparedfor: CITYOFANAHEIM Contact: DellaHerrick AssociatePlanner preparedby: THEPLANNING CENTER Contact: WilliamHalligan, Esq. VicePresident, EnvironmentalServices COA -52.0E JUNE2010 Cti) ATTACHMENT NO. 7 TableofContents Section Page 1. INTRODUCTION 1 1.1 PROJECTLOCATION 1 1.2 PROJECTBACKGROUND 1 1.3 ENVIRONMENTALSETTING 2 1.4 PROJECTDESCRIPTION 2 1.5 EXISTINGZONINGANDGENERALPLAN 3 1.6 CITYACTIONREQUESTED 3 2. ENVIRONMENTALCHECKLIST 21 3. ENVIRONMENTALANALYSIS 35 3.1 AESTHETICS 35 3.2 AGRICULTUREANDFORESTRESOURCES 36 3.3 AIRQUALITY 37 3.4 BIOLOGICALRESOURCES 42 3.5 CULTURALRESOURCES 44 3.6 GEOLOGYANDSOILS 45 3.7 GREENHOUSEGASEMISSIONS 47 3.8 HAZARDSANDHAZARDOUSMATERIALS 50 3.9 HYDROLOGYANDWATERQUALITY 53 3.10 LANDUSEANDPLANNING 57 3.11 MINERALRESOURCES 58 3.12 NOISE 59 3.13 POPULATIONANDHOUSING 68 3.14 PUBLICSERVICES 69 3.15 RECREATION 70 3.16 TRANSPORTATION/TRAFFIC 71 3.17 UTILITIESANDSERVICESYSTEMS 98 3.18 MANDATORYFINDINGSOFSIGNIFICANCE 102 REFERENCES 105 APPENDICES 4.1 PRINTEDREFERENCES 105 4.2 PERSONALCOMMUNICATIONS 105 4.3 WEBSITES 105 LISTOFPREPARERS 107 CITYOFANAHEIM 107 THEPLANNINGCENTER 107 A. AnaheimResortSpecificPlanAmendmentsandAdjustments B. AirQualityModeling C. NoiseStudy D. TrafficImpactAnalysis E. WaterConsumptionTableforMedievalTimes BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Pagei TableofContents ListofFigures Figure Page Figure1 RegionalLocation 5 Figure2 LocalVicinity 7 Figure3 Anaheim. ResortSpecificPlanBoundaries 9 Figure4 AerialPhotographandPhotographLocationKey 11 Figure5 SitePhotographs 13 Figure6 SurroundingLandUses 15 Figure7 ProposedSitePlan 17 Figure8 ProposedFloorPlan 19 Figure9 TrafficStudyArea 73 Figure10 ExistingFridayAverageDailyTrips 75 Figure11 ExistingSaturdayAverageDailyTrips 77 Figure12 ExistingFridayEveningPeakHourTrips 79 Figure13 ExistingSaturdayEveningPeakHourTrips 81 Figure14 FridayPMPeakHourTrips (WithProject) 85 Figure15 SaturdayPMPeakHourTrips (WithProject) 87 Figure16 FridayAverageDailyTrips (WithProject) 89 Figure17 SaturdayAverageDailyTrips (WithProject) 91 Figure18 OnsiteCirculationRecommendations 95 Table Page Table1 MaximumDailyConstructionEmissions 38 Table2 MaximumDailyOperationalEmissions, Saturday 39 Table3 MaximumDailyOnsiteConstructionEmissions, ScreeningLevelAnalysis 40 Table4 MaximumDailyOnsiteOperationalEmissions, ScreeningLevelAnalysis 41 Table5 Project- GeneratedGHGEmissions, OperationalPhase 49 Table6 Project- GeneratedGHGEmissions, OperationalPhasewithScopingPlan 50 Table7 ExistingTrafficNoiseModeling, 24 -Hour 60 Table8 TrafficNoiseModeling 62 Table9 VibrationSourceLevelsforConstructionEquipmentatNearestStructure, StructuralDamageAssessment 65 Table10 VibrationLevelsfromConstructionEquipmentatNearestResidences, VibrationAnnoyance 65 Table11 AverageConstructionNoiseLevels 67 Table12 CriteriaforSignificantTrafficImpacts, CityofAnaheim 71 Table13 ExistingLevelsofServiceintheStudyArea 72 Table14 Project- GeneratedTraffic 83 Table15 OpeningYear (2010) withProjectTrafficContribution 84 Pageii ThePlanningCenter June2010 ListofTables 1 1 1. Introduction Theprojectapplicant, REPInternational, isproposingbuildingrenovationsandsitemodificationsona 4.8 -acresiteintheCityofAnaheim (theCity). Theproposedproject, theBattleoftheDanceDinnerTheater project, isanalyzedinthisInitialStudy /MitigatedNegativeDeclaration (IS /MND), inaccordancewiththe CaliforniaEnvironmentalQualityAct (CEQA), todetermineifapprovaloftheproposedprojectwouldhavea significantimpactontheenvironment. ThisIS /MNDhasbeenpreparedpursuanttotherequirementsofthe CaliforniaEnvironmentalQualityAct (CEQA), underPublicResourcesCode21000-21177, oftheStateCEQA Guidelines (CaliforniaCodeofRegulations, Title14, Division6, Chapter3, Sections15000- 15387) andunder theguidanceof, theCityofAnaheim. TheCityofAnaheimistheLeadAgencyunderCEQAandis responsibleforpreparingtheIS /MNDfortheproposedBattleoftheDanceDinnerTheater (proposed project). Thepurposeofthisdocumentistoevaluatethedevelopmentoftheproposedproject. Asappropriate, this documentincorporatesinformationthatwaspresentedintheAnaheimResortSpecificPlan (ARSP) EnvironmentalImpactReportNo. 313 (EIRNo. 313) andTheCityofAnaheimGeneralPlanandZoningCode UpdateEnvironmentalImpactReportNo. 330 (EIRNo. 330). 1.1 PROJECTLOCATION Theprojectisona4.8 -acresiteontheeastsideofHarborBoulevard, southofWilkenWay (2232South HarborBoulevard) intheARSPintheCityofAnaheim (seeFigure1, RegionalLocation, andFigure2, Local Vicinity). RegionalaccesstothesiteisprovidedbyInterstate5 (1 -5) viaHarborBoulevard, Orangewood Avenue, andChapmanAvenue. TheARSPareaispartofthe1,078 -acreAnaheimResort, which encompassesthreeadoptedspecificplans: theARSP, theDisneylandResortSpecificPlan, andtheHotel CircleSpecificPlan. ThesethreespecificplansareshowninFigure3, AnaheimResortSpecificPlan Boundaries. TheGeneralPlanlandusedesignationforthesiteisCommercialRecreation. 1.2 PROJECTBACKGROUND InSeptember1994, theCityofAnaheimcertifiedtheARSPEIRNo. 313 (StateClearinghouseNo. 91091062) insupportoftheadoptionoftheARSPNo. 92 -2 (Anaheim1994b, 1994a). ThisEIRevaluatedimpacts associatedwiththeestablishmentandimplementationoftheARSPandcreatedamitigationmonitoring program (MMPNo. 0085) inordertomitigateanysuchimpacts. AtthetimetheARSPwasadopted, the SpecificPlanareaencompassedapproximately549.5acres. InMay2004, theCityofAnaheimcertifiedTheAnaheimGeneralPlanandZoningCodeUpdateEIRNo. 330 StateClearinghouseNo. 2003041105). TheEIRevaluatedimpactsassociatedwiththecomprehensive updatetotheCity'sGeneralPlanandZoningCode. Aspartofthisanalysis, EIRNo. 330evaluatedimpacts relatedtoAmendmentNo. 5totheAnaheimResortSP92 -2, whichwasprocessedconcurrentlywiththe GeneralPlanandZoningCodeupdate. ThisamendmentexpandedtheARSPareatoinclude26.4 acres alongHarborBoulevard, southofOrangewoodAvenueandnorthofChapmanAvenue. Theproposed projectsiteislocatedwithinthisexpansionarea. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page1 1. Introduction BothEIRNos. 313and330, TheAnaheimResortSpecificPlanEIRandtheGeneralPlanFinalEIR respectively, andtheirassociatedmitigationmonitoringprograms, areavailableforreviewattheCityof AnaheimPlanningDepartmentduringnormalbusinesshours. SincecertificationofEIRNo. 313, proposedmodificationstotheARSPhaveincludedthirteenamendments andfouradjustments. PleaserefertoAppendixAforadetaileddescriptionofeachoftheseactions. 1.3 ENVIRONMENTALSETTING 1.3.1 ExistingLandUse The4.8 -acreprojectsiteiscurrentlydevelopedwitha43,500- square -footstructurethatconsistsoftwo separateabuttedvacantcommercialbuildings, asshowninFigure4, AerialPhotographandPhotograph LocationKey. ThebuildingswereformerlyoccupiedbyaToys 'RUsstorewhichclosedin2002. Thelarger ofthetwobuildingsis30,000squarefeetandthesmallerofthetwois13,500squarefeet. Themaximum heightsofthebuildings, astheycurrentlyexist, rangefrom25feetto30feet. Theremainderofthesiteis pavedforparking, withfoursmalllandscapingislandsonthewestportionofthesite. Ahedgerowand sidewalkseparatethesitefromHarborBoulevard. TwodrivewaysoffHarborBoulevardprovidevehicular accesstotheprojectsite, oneonthesouthsideoftheexistingbuildingandoneonthenorthside. The existingbuilding, parkinglot, landscaping, anddrivewaysareshowninFigure5, SitePhotographs. Circulation AccesstotheprojectsiteisprovidedoffHarborBoulevardtothewest, amajorsix -lanearterialstreet, which runsnorth -to -southwestoftheprojectsite. HarborintersectswithWilkenWay, atwo -lanestreettothenorth oftheprojectsite, andwithChapmanAvenue, afour -lanestreettothesouthoftheprojectsite. Thetwo nearestfreewaysare1 -5, whichrunsnorthwest -to- southeastalittleoveramiletothenortheastoftheproject site, andSR -22, whichrunseast -to -westaboutamileandahalfsouthofthesite. Theclosestdirectaccess to1 -5isprovidedviaChapmanAvenue, HarborBoulevard, andOrangewoodAvenue. Theclosestdirect accesstoSR -22isprovidedviaHarborBoulevard. 1.3.2 SurroundingLandUse Theareasurroundingtheproposedprojectsiteisurbanizedandbuilt -up. Mostlandusestothenorth, west, andsoutharecommercialandincludehotels, offices, andrestaurants. Hotelsandrestaurantsareespecially dominantalongHarborBoulevard, wheretheyservevisitorsoftheAnaheimConventionCenterandthe DisneylandResort. TheAnaheimConventionCenterisalittleoverhalfamiletothenorthoftheprojectsite alongHarborBoulevard. TheDisneylandResortliesbeyondthat, alsoonHarborBoulevard. Low- medium- densityresidentiallanduses, consistingoftwotownhomecommunities, surroundthesiteontheeastand southeast. PhotographsofthesurroundinglandusesareincludedinFigure6, SurroundingLandUses. 1.4 PROJECTDESCRIPTION 1.4.1 ProposedLandUse Theproposedprojectwouldconverttwoadjoined, vacantbuildingsintoa950 -seatdinnertheater. The dinnertheaterwouldprovideguestswiththeaterentertainmentanddining. Onenightlyshowwouldbe conductedMondaythroughFriday. Saturdayswouldhavetwoeveningshows, andSundayswouldhavetwo matineeshowsandoneeveningshow. Thehoursofdailyshowsareprovidedbelow. Allfoodwouldbe preparedandservedonsite. Page2 ThePlanningCenter June2010 1 1 1 1 1 RemodelingofBuildings 1. Introduction Thelargerofthetwoexistingstructureswouldberemodeledtohousethemainentry, ticketarea, giftshop, lounge, bar, kitchen, restrooms, backstageanddressingarea, andthemainoffices, asshowninFigure7, ProposedSitePlan, andFigure8, ProposedFloorPlan. Thesmallerofthetwostructureswouldbepartially demolishedandwouldhousethediningandseatingarea. Theroofandwallsofthesmallerbuildingwould beremoved, buttheexistingslabwouldremain. Newtilt -upwallsandatrussclearspanroofwillreplacethe existingwallsandroof. Thefacadeofthetwobuildingswouldbechanged, andthemaximumbuildingheight overthestageareawouldbeincreasedto45feet. Theremainderofthebuildingwouldhaveamaximum heightof35. feet. ParkingLotandLandscapingImprovements Theparkinglotwillberepaved, andchangeswillbemadetoprovidetherequiredlandscapingand setbacks. Theperimeteroftheparkinglotwillhavea20 -footlandscapingsetbackalongtheeasternproperty lineand10 -footlandscapingsetbacksalongthenorthernandsouthernpropertylines. Landscapingislands willalsobeaddedtotheparkinglot. Approximately385parking spaceswouldbeprovided, including15 handicapaccessiblespaces, 50valetspaces, includingparkingareas, forlimousinesandcharterbuses, and 320guestspaces. Noexcavationactivitieswouldberequiredforthebuildingremodelingorparkinglotandlandscaping improvements. Allimprovementswouldbemadeabovegroundandthesitewouldnotneedtoberegraded. DinnerTheaterOperation Theproposedtheaterwouldholdshowssevendaysaweekandhasaseatingcapacityofapproximately et 950. Theproposedscheduleincludesoneshowat8:00PMMondaythroughFriday, twoshows onSaturday at5:30PMand8:00PM, andthreeshowsonSundayat1:00PM, 4:00PM, and7:00PM. Approximately70employeeswillbepresentduringeachshift, includingperformersandotherstaff. 1.4.2 ProjectPhasing Thesitemodificationsandbuildingremodelingoftheproposedprojectwouldbecompletedin asinglephasein2010. 1.5 EXISTINGZONINGANDGENERALPLAN TheexistingzoningfortheprojectsiteisARSP (categorizedas "CRCommercialRecreationDistrictand theGeneralPlanlandusedesignationisCommercialRecreation. 1.6 CITYACTIONREQUESTED Theproposeddinnertheaterwithmuralsispermittedwithaconditionalusepermitandfinalsiteplan. Further, theproposedparkinglotlandscapeimprovementstoanonconformingsitearealsopermittedby a conditionalusepermitintheARSP. ThismustbeapprovedbytheCitytoensurecompliancewiththeARSP zoning "CR- CommercialRecreationDistrict BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page3 1. Introduction Thispageintentionallyleftblank Page4 ThePlanningCenter June2010 1 TSanta-Fe' Springs La Mirada Cerritos Seal Beach l La Palma Cypress Buena Park LaHabra: Fullerton SantaAna Placentia Orange Villa Park Tustin'IrvineHuntington Beach BattleoftheDanceDinnerTheaterinitialStudy Stanton GardenGrove Westminster Fountain Valley 1. Introduction RegionalLocation Chino Hills 9e Anaheim NOTTOSCALE ThePlanningCenter Figure1 1. Introduction Thispageintentionallyleftblank. Page6 ThePlanningCenter June2010 Katella =Ave s 0angewood i Ave ehapmaniAve L.ampson:Ave SiteBoundary CityBoundary 1 BattleoftheDanceDinnerTheaterInitialStudy i L;.._ 1 GardenGrove 1 Anaheim 1- LocalVicinity 4E.641 6 1, Introduction 0 2,000 Scale (Feet) Orange The eg Block at Orange ThePlanningCenter Figure2 1. Introduction Thispageintentionallyleftblank. Page8 ThePlanningCenter June2010 CITYOFIANAHEIM BALLRD CERRITOSA.E KATELLAAVE ORANGEWOODAVE Source: CityofAnaheim2008 AnaheimResortSpecificPlanBoundaries CITYOFGARDENGROVE Legend ODisneyland ResortSpecificPlan (SP92 -1) OTheAnaheimResortSpecificPlan (SP92 -2) HotelCircleSpecificPlan (SP93 -1) TheAnaheimResortSpecificPlanExpansionArea AmendmentNo. 5toSP92 -2) TheAnaheimResort SiteBoundary BattleoftheDanceDinnerTheaterInitialStudy 1. Introduction 1-N o:w 0 1800 Scale (Feet) ThePlanningCenter Figure3 1. Introduction Thispageintentionallyleftblank Page10 ThePlanningCenter June2010 AerialPhotographandPhotographLocationKey SiteBoundary LocationofPhotos Source: GoogleEarthPro2010 BattleoftheDanceDinnerTheaterInitialStudy 1. Introduction 0 140 Scale (Feet) ThePlanningCenter Figure4 1. Introduction Thispageintentionallyleftblank Page12 ThePlanningCenter June2010 MI MN M MI MI all NM all MI is MI MI NM MN MIN BattleoftheDanceDinnerTheaterInitialStudy tViewofsitefromnorthwest lookingsoutheastacross HarborBoulevard. Viewofparkinglotand sitefromthenortheast lookingsouthwest. Siteaccessonthesouth, atintersectionofHotelWay andHarborBoulevard. Alsoshowsaccesstoadjacent commercialstripmallto thesouthoftheprojectsite. Onsiteviewoftherearparking lotfromthesouthsideof thesite (lookingnortheast). Showstheresidentialland useseastoftheprojectsite. 1. Introduction SitePhotographs ThePlanningCenter Figure5 1. Introduction Thispageintentionallyleftblank Page14 ThePlanningCenter June2010 Autoshoptothenortheastofthe projectsite. BattleoftheDanceDinnerTheaterInitialStudy 1. Introduction SurroundingLandUses Commercialrestaurantlandusesto thenorthoftheprojectsite. Commercialandhotellanduses alongHarborBoulevardsouthofthe projectsite. ThePlanningCenter Figure6 1. Introduction Thispageintentionallyleftblank. Page16 ThePlanningCenter June2010 all r Or MI I r O MN r r— MI MI Source: FloresDesignGroup2009 BattleoftheDanceDinnerTheaterInitialStudy pl y, ro' f +..alt' aspr.. s,e' s' ter iek1bwsC -2ff -t -rt-4 +mot -4 - 7I AX/ W7" ylf' egrffAkfria#MirOs 7," 4404W 93,rosp0.7vX"Vor 411' ‘efk-1 1l rl> ProposedSitePlan 5704Ab0' Iy g' le ';',44$ lit! CT 11C _:.sl 4S1/7YlMfAf/fray¢ Jbatrnfmxoo/aaAN` 4 ON rs h41S0WARe1 "y 1 `r I fifio-mrG /HSH65"3gri"ii' 5^..v.' x/o///rq )0e- 47 /fees!/eo /qr 0 90 Scale (Feet) 1. Introduction r T Cy ThePlanningCenter Figure7 1. Introduction Thispageintentionallyleftblank Page18 ThePlanningCenter June2010 EMI OM INN MI MI EIS MO MB Ili IIIIII =I MN NMI NMI Source: FloresDesignGroup2009 AT-xYar9 4'444',free'ea 4ff 1\ 104 ?e, r a' 4 t _li' 24_D I 1, 41 77e7.7 k 1 C —11 16C 11 17 -7 40 A X' fif43rint.ifaifire 1 14 Ft-- 0 'f. 1.,I t__ I' 401g0t4orI I r if4 f e..X/....7/ 41* ,494M I BattleoftheDanceDinnerTheaterInitialStudy 404,Pr rarAciri fry,g. 97ef• 4 ,040,/-ra /V e4fc•11 -41CVff/frdr0441,0 f6, 5ArW., 72 I 42e isk-k1_ 1 1 111 1_ .1 l. 111 c_ D c k! 4/1-1 L A awe. 4.17Allartio *owoviedeAteMAYJO4W472W 4, eatF-AryGAYErye-36;3'9y za! 4 ProposedSitePlan tw/4404 0 90 Scale (Feet) 1. Introduction et ThePlanningCenter Figure7 1. Introduction Thispageintentionallyleftblank. Page18 ThePlanningCenter June2010 Source: FloresDesignGroup2010 i111i.i.i1•1i® fie ItIIIuei r rommassimre IL ArmyroxXloeq 9• er/xr /.01 seese. 940441 BattleoftheDanceDinnerTheaterInitialStudy 1. Introduction ProposedFloorPlan 0 30 Scale (Feet)1 ThePlanningCenter Figure8 1. Introduction Thispageintentionallyleftblank. Page20 ThePlanningCenter June2010 EnvironmentalChecklist CITYOFANAHEIM ENVIRONMENTALINFORMATIONFORM Tobecompletedbyapplicant) DearApplicant: TheCityofAnaheimasLeadAgencyisrequiredtocomplywiththeCaliforniaEnvironmentalQualityAct CEQA). CEQArequirestheCitytoevaluatethepotentialenvironmentalimpactsofyourdevelopmentproject. Inordertoassistusincompletingthisrequiredenvironmentalreview, pleaseprovideuswiththefollowinginformation: ProjectAddressorLocation: 2232SouthHarborBoulevard, Anaheim, CA92802 ProjectDescription (describetheentireproject, includingbutnotlimitedtolaterphasesoftheproject, andanyoff -sitesupportingimprovementsorfeaturesnecessaryforitsimplementation. Attach additionalsheetsifnecessary): Theproposedprojectwouldconverttwoadjoined, vacantbuildingsintoa950 -seatdinnertheater. The proposedtheaterwouldholdshowssevendaysaweekandhasaseatingcapacityofapproximately 950. Theproposedscheduleincludesoneshowat8:00PMMondaysthroughFridays, twoshowson Saturdaysat5:30PMand8:00PM, andthreeshowsonSundaysat1:00PM, 4:00PM, and7:00PM. Allfoodwouldbepreparedandservedonsite. Thelargerofthetwoexistingstructureswouldberemodeledandthesmallerofthetwostructures wouldbepartiallydemolished. Thetwobuildingswouldbeconjoinedandthemaximumheightwouldbe45feet. Theparkinglotwillberepavedandchangeswillbemadetothelandscapingandsetbacks. The perimeteroftheparkinglotwillhavea20 -footlandscapingsetbackalongtheeasternpropertylineand 10 -footlandscapingsetbacksalongthenorthernandsouthernpropertylines. Landscapingislandswill alsobeaddedtotheparkinglot. Approximately385parkingspaceswouldbeprovided, including15 handicapaccessiblespaces, 50valetspacesforlimousinesandcharterbuses, and320guestspaces. Assessor'sParcelNumber: 233 -051 -8 4. NameofPropertyOwner: P.A. Poon Son, Inc. Address: 16841MarinaBayDrive HuntingtonBeach, CA92649 5. NameofAuthorizedAgent: REPInternationalAndresCibotti BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page21 2. EnvironmentalChecklist Address: 7380SandLakeRoad, Suite500 Orlando, Florida32819 6. Describetheprojectsiteasitexistsbeforetheproject, includingifthesiteisonfilledlandoronaslope oftenpercentormoreandprovideinformationonitstopography, soilstability, plantsandanimals, and anycultural, historicorscenicaspects. Providepicturesofthesiteanddescribeanyexistingstructures onthesite, andtheircurrentuse. Attachadditionalsheetsifnecessary. The4.8 -acreprojectsiteiscurrentlydevelopedwitha43,500- square -footstructurewhichconsistsof twoseparateabuttedvacantcommercialbuildings. TheLargerofthetwobuildingsis30,000squarefeet andthesmallerofthetwois13,500squarefeet. Themaximumheightsofthebuildingsrangefrom25 feetto30feet. Theremainderofthesiteispavedforparkingwithfoursmalllandscapingislandsonthe westportionofthesite. AhedgerowandsidewalkseparatethesitefromHarborBoulevard. Two drivewaysoffHarborBoulevardprovidevehicularaccesstotheprojectsite, oneonthesouthsideof theexistingbuildingandoneonthenorthside. 7. Otherpublicagencieswhoseapprovalisrequired (e.g., forpermits, financing, participationagreement, etc.). OrangeCountyHealthCareAgency 8. Sitesize: 4.8acres 9. Demolitionproposed: No Yes 10. Squarefeetofnewconstruction: 43,500 (remodeled) 11. Numberofon -siteparkingspacesprovided: 385 13. Tentativedevelopmentschedule: StartDate: August2010 CompletionDate: December2010 Phasing: Theproposedprojectwouldbecompletedinonephaseuponacquisitionofthenecessary permits. 14. AirportLandUsePlan Istheprojectsitelocatedwithinanairportlanduseplanorwithinthevicinityof aheliportorhelistopfacility? No 15. IsthepropertycoveredbyapreviouslycertifiedEIR? Yes No Ifyes, doesthepropertyfitwithintheparameters, assumptionsandtimeframesanalyzedintheEIR? Yes 16. Arethereanyuniquecharacteristicsrelatingtoyourdevelopment (i.e., excessivenoise, airquality emissions, trafficgeneration, sensitiveadjacentuses, shade /shadowimpactsonadjacentproperty, etc.) whichmightresultinsignificantimpacts? Yes No Ifyes, pleaseexplain: Page22 ThePlanningCenter June2010 CompleteSections17and18forproposedResidentialprojectsonly: 17. SingleorMultiFamilyUnits? 18. WilltheproposedresidentialhousingdevelopmentmeetanyofthefollowingArticle34restrictions (low incomehousingdevelopment): A. Applyforpropertytaxabatement B. Applyforlong -termgovernmentalfinancing C Provideinexcessof40% ofthehousing unitsaslowincomehousingwithrentcontrol andoccupancyrestrictions. CompleteSection19forproposedCommercialprojectsonly: 19. A. TypeofCommercialorOffice: Entertainment/Restaurant 2. EnvironmentalChecklist B. Istheprojectoriented X Regionally, Cityor Neighborhood C. Anticipatedhoursofoperation: Eachshowwouldbeapproximately1.5hours. Weekday showsstartat8:00PMandwouldendaround9:30PM. Saturdayshowswouldbeat5:30 PMand8:00PM. Sundayshowswouldbeat1:00PM, 4:00PM, and7:00PM. Approximately1.5hoursofpreparationbeforeandclean -upaftercanbeassumed. D. Estimatedemployeespershiftandnumberofshifts: TotalEmployees70 E. Locationofloadingfacilitiesandanticipatedhoursofloading /deliveryoperations: Along buildingsides. Hoursofloading /deliverywouldbeduringday. IfusenotResidential, CommercialorOffice, indicatetypeofusebelow: 20. Manufacturing/Warehousing Institutional Other (Specify): A. Indicatemajorfunction: B. Anticipatedhoursofoperation: C. Estimatedemployeespershiftandnumberofshifts: D. Type, locationandsquarefootageofloadingfacilities: CompleteSections21, 22, and23todeterminewhetheraWaterAssessmentStudyandPreliminary Grading /DrainagePlansand /orPreliminaryWaterQualityManagementPlanneedstobesubmittedaspartof theMitigatedNegativeDeclaration 21. Existingandproposedsquarefeetofallon -siteimpervioussurfaces, includingallpavedareas (Le., pavedparkinglotsandwalkwaysareas, buildingfootprint): ExistingSquareFeet: (Approx) 212,000 ProposedSquareFeet: (Approx): 212,000 BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page23 2. Environmental Checklist 22. Water Assessment Does the project include a proposed new development or addition that meets any of the following criteria for a "Large Scale Development" (as defined by Public Resources Code Section 21151.9): If yes was checked in any of the above boxes, the project may qualify as a "Large Scale Development" and you may need to submit a water assessment study which identifies existing water supply entitlements, water rights, and water service contracts relevant to the water supply for the project please contact the City of Anaheim Public Utilities Department, Water Engineering Division). 23. Water Quality Management Plan Does the project include a proposed new development or addition that meets any of the following criteria? If yes was checked in any of the above boxes, preliminary grading /drainage plans and preliminary Water Quality Management Plans may need to be submitted as part of this Mitigated Negative Declaration (please contact the City of Anaheim Public Works Department, Development Services Division). Please note that upon review of the submitted information, City staff may request additional supporting documentation to assist in the environmental analysis of your project to ensure compliance with CEQA. 24. Name of preparer: Address: Phone No.: Preparer's signature: 24 The Planning Center William Halligan, Esq. Relationship to property owner: Consultant The Planning Center, 580 Metro Drive, Costa Mesa, CA 92626 714.966.9220 e Date: 6 /tom IO June 2010 1 1 1 1 1 1 1 1 Yes No A Residentialdevelopmentofmorethan500dwellingunits?X B Proposedshoppingcenterorbusinessestablishmentemploying morethan1,000personsorhavingmorethan500,000squarefeetof floorspace? X C Officebuildingemployingmorethan1,000personsorhavingmore than250,000squarefeetoffloorspace? X D Hotelormotelhavingmorethan500rooms? X X E Industrialmanufacturingorprocessingplantoccupyingmorethan40 acresorhavingmorethan650,000squarefeetoffloorarea? X F Mixeduseprojectthatincludesoneormoreoftheabovelisted projectsinitems13(a) through13(e)? X X 2. Environmental Checklist 22. Water Assessment Does the project include a proposed new development or addition that meets any of the following criteria for a "Large Scale Development" (as defined by Public Resources Code Section 21151.9): If yes was checked in any of the above boxes, the project may qualify as a "Large Scale Development" and you may need to submit a water assessment study which identifies existing water supply entitlements, water rights, and water service contracts relevant to the water supply for the project please contact the City of Anaheim Public Utilities Department, Water Engineering Division). 23. Water Quality Management Plan Does the project include a proposed new development or addition that meets any of the following criteria? If yes was checked in any of the above boxes, preliminary grading /drainage plans and preliminary Water Quality Management Plans may need to be submitted as part of this Mitigated Negative Declaration (please contact the City of Anaheim Public Works Department, Development Services Division). Please note that upon review of the submitted information, City staff may request additional supporting documentation to assist in the environmental analysis of your project to ensure compliance with CEQA. 24. Name of preparer: Address: Phone No.: Preparer's signature: 24 The Planning Center William Halligan, Esq. Relationship to property owner: Consultant The Planning Center, 580 Metro Drive, Costa Mesa, CA 92626 714.966.9220 e Date: 6 /tom IO June 2010 1 1 1 1 1 1 1 1 Yes No A Residentialdevelopmentof10unitsormore?X B Commercialandindustrialdevelopment (buildingsquarefootageand pavedparkingareas) greaterthan100,000squarefeet? X C Automotiverepairshop?X D Restaurantwherethelandareaoftheprojectsiteis5,000square feetormore (includingpavedparkingareas)? X E Hillsidedevelopmentthatrequiresgradingof10,000squarefeetor moreofsurfaceareawhereexistingslopesexceed25 X F Parkinglotthatis5,000squarefeetormoreinareaand /orwhich includes15ormoreuncoveredparkingspaces? X 2. EnvironmentalChecklist 22. WaterAssessmentDoestheprojectincludeaproposednewdevelopmentoradditionthatmeetsany ofthefollowingcriteriafora "LargeScaleDevelopment" (asdefinedbyPublicResourcesCodeSection 21151.9): Ifyeswascheckedinanyoftheaboveboxes, theprojectmayqualifyasa "LargeScaleDevelopment" andyoumayneedtosubmitawaterassessmentstudywhichidentifiesexistingwatersupply entitlements, waterrights, andwaterservicecontractsrelevanttothewatersupplyfortheproject pleasecontacttheCityofAnaheimPublicUtilitiesDepartment, WaterEngineeringDivision). 23. WaterQualityManagementPlan Doestheprojectincludeaproposednewdevelopmentoraddition thatmeetsanyofthefollowingcriteria? Ifyeswascheckedinanyoftheaboveboxes, preliminarygrading /drainageplansandpreliminary WaterQualityManagementPlansmayneedtobesubmittedaspartofthisMitigatedNegative Declaration (pleasecontacttheCityofAnaheimPublicWorksDepartment, DevelopmentServices Division). Pleasenotethatuponreviewofthesubmittedinformation, Citystaffmayrequestadditionalsupporting documentationtoassistintheenvironmentalanalysisofyourprojecttoensurecompliancewithCEQA. 24. Nameofpreparer: Address: PhoneNo.: Preparer'ssignature: 24 ThePlanningCenter WilliamHalligan, Esq. Relationshiptopropertyowner: Consultant ThePlanningCenter, 580MetroDrive, CostaMesa, CA92626 714.966.9220 e Date: 6 /tomIO June2010 1 1 1 1 1 1 1 1 Aesthetic/Visual BiologicalResources Hazards HazardousMaterials MineralResources PublicServices Utilities /ServiceSystems DETERMINATION: (TobecompletedbytheCity) Onthebasisofthisinitialevaluation: CityofAnaheim EnvironmentalChecklistForm AgriculturalResources CulturalResources Hydrology/WaterQuality Noise Recreation MandatoryFindingsofSignificance a t tignatureofCityofAnaheimRepresentative Date f re. 8c kie IL 1-6,50Ctl.:{ Ionv2ev PrintedName/Title 2. EnvironmentalChecklist CASENO: CUP201005486; FinalSitePlanNo. 2010 -00001ADDRESS: 2232SouthHarborBoulevard ENVIRONMENTALFACTORSPOTENTIALLYAFFECTED: Theenvironmentalfactorscheckedbelowwouldbepotentiallyaffectedbythisproject, involvingatleastone impactthatisa "PotentiallySignificantImpact" asindicatedbythechecklistonthefollowingpages. AirQuality Geology /Soils LandUse /Planning Population /Housing Transportation/Traffic IfindthattheproposedprojectCOULDNOThaveasignificanteffectontheenvironment, anda NegativeDeclarationwillbeprepared. Ifindthatalthoughtheproposedprojectcouldhaveasignificanteffectontheenvironment, therewill notbeasignificanteffectinthiscasebecauserevisionsintheprojecthavebeenmadebyoragreed tobytheprojectproponent. AMITIGATEDNEGATIVEDECLARATIONwillbeprepared. IfindthattheproposedprojectMAYhaveasignificanteffectontheenvironment, andan ENVIRONMENTALIMPACTREPORTisrequired. IfindthattheproposedprojectMAYhavea "potentiallysignificantimpact" or "potentiallysignificant unlessmitigatedimpact" ontheenvironment, butatleastoneeffect1) hasbeenadequately analyzedinanearlierdocumentpursuanttoapplicablelegalstandards, and2) hasbeenaddressed bymitigationmeasuresbasedontheearlieranalysisasdescribedonattachedsheets. An ENVIRONMENTALIMPACTREPORTisrequired, butitmustanalyzeonlytheeffectsthatremainto beaddressed. Ifindthatalthoughtheproposedprojectcouldhaveasignificanteffectontheenvironment, because allpotentiallysignificanteffects (a) havebeenanalyzedadequatelyinanearlierEIRorNEGATIVE DECLARATIONpursuanttoapplicablestandards, and (b) havebeenavoidedormitigatedpursuant tothatearlierEIRorNEGATIVEDECLARATION, includingrevisionsormitigationmeasuresthatare imposedupontheproposedproject, nothingfurtherisrequired. 6- 0/0 BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page25 2. EnvironmentalChecklist TheCountyofOrangerequiresthattheCitynotifytheCountyofcertainzoningactions. Thefollowing checklistwilldeterminetheneedfornotification. TheCountywillbenotifiedofany "yes" responsesto questions1through4: 1. Doesthiszoningactioninvolveadoptionoramendmenttoeither a) theAnaheimGeneralPlan, (b) aSpecificPlan, or (c) a Reclassification? Yes No IFYES, COMPLETETHEFOLLOWING: 2 Doesthiszoningactioninvolvelandlocatedeastofthe alignmentofWeirCanyonRoad? Yes No 3. Doesthiszoningactioninvolvearesidentialprojectover 99acresor99unitsinsize? 4. Doesthiszoningactioninvolveanonresidentialprojectover 29acresoranonresidentialprojectwithmorethan 99employees? YesEl No [1 Yes EVALUATIONOFENVIRONMENTALIMPACTS: 1) Allanswersmusttakeaccountofthewholeactioninvolved, includingoff -siteaswellason -site, cumulativeaswellasprojectlevel, indirectaswellasdirect, andconstructionaswellasoperational impacts. 2) Alistof "SupportingInformationSources" mustbeattachedandothersourcesusedorindividuals contactedshouldbecitedintheNarrativeSummaryforeachsection. 3) ResponseColumnHeadingDefinitions: 4) PotentiallySignificantImpactisappropriateifthereissubstantialevidencethataneffectmaybe significant. Ifthereareoneormore "PotentiallySignificantImpact" entrieswhenthedeterminationis made, anEIRisrequired. 5) PotentiallySignificantUnlessMitigationIncorporatedapplieswheretheincorporationofmitigation measureshasreducedaneffectfrom "PotentiallySignificantImpact" toa "LessThanSignificant Impact." Themitigationmeasuresmustbedescribed, alongwithabriefexplanationofhowtheyreduce theeffecttoalessthansignificantlevel. 6) LessThanSignificantImpactapplieswheretheprojectcreatesnosignificantimpacts, onlyLessThan Significantimpacts. 7) NoImpactapplieswhereaprojectdoesnotcreateanimpactinthatcategory. A "NoImpact" answeris adequatelysupportedifthereferencedinformationsourcesshowthattheimpactsimplydoesnotapply toprojectsliketheoneproposed (e.g., theprojectfallsoutsideofafaultrupturezone). A "NoImpact" answershouldbeexplainedwhereitisbasedonproject- specificfactorsaswellasgeneralstandards e.g., theprojectwillnotexposesensitivereceptorstopollutants, basedonaproject- specificscreening analysis). Page26 ThePlanningCenter June2010 1 No 1 1 2. EnvironmentalChecklist Earlieranalysesmaybeusedwhere, pursuanttoatiering, programEIR, MasterEIR, orotherCEQA process, aneffecthasbeenadequatelyanalyzedinanearlierEIR ornegativedeclaration (Section 15062(c)(3)(D)). Inthiscase, abriefdiscussionshouldidentifythefollowing: 9) EarlierAnalysisUsed. Identifyandstatewheretheyareavailableforreview. 10) ImpactsAdequatelyAddressed. Identifywhicheffectsfromthechecklist werewithinthescopeofand adequatelyanalyzedinanearlierdocumentpursuanttoapplicablelegalstandards, andstatewhether sucheffectswereaddressedbymitigationmeasuresbasedontheearlieranalysis. 11) MitigationMeasures. Foreffectsthatare "LessthanSignificantwithMitigationMeasuresIncorporated,"describethemitigationmeasureswhichwereincorporatedorrefinedfromtheearlierdocumentandthe extenttowhichtheyaddresssite- specificconditionsfortheproject. 12) Incorporateintothechecklistanyreferencestoinformationsourcesforpotentialimpacts (e.g., theGeneralPlan, zoningordinance). Referencetoapreviouslyprepared oroutsidedocumentshould,whereappropriate, includeareferencetothepageorpageswherethestatementissubstantiated. 13) Theexplanationofeachissueshouldidentify: a) Thesignificancecriteriaorthreshold, ifanyusedtoevaluateeachquestion; and b) Themitigationmeasureidentified, ifany, toreducetheimpacttoTessthansignificant. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page27 reoioofaca1 heCaIiiontDep fl 1 ft oteio Y a (i p/inuenterylit lanij lieg st a Y 1 forest arbor ea amenmdoderprov nb tProci 4 a) ConvertPrimeFarmland, UniqueFarmland, orFarmlandof StatewideImportance (Farmland), asshownonthemaps preparedpursuanttotheFarmlandMappingandMonitoring X ProgramoftheCaliforniaResourcesAgency, tonon- agriculturaluse? b) Conflictwithexistingzoningforagriculturaluse, ora XWilliamsonActcontract? c) Conflictwithexistingzoningfor, orcauserezoningof, forestland (asdefinedinPublicResourcesCodesection 12220(g)), timberland (asdefinedbyPublicResources XCodesection4526), ortimberlandzonedTimberland Production (asdefinedbyGovernmentCodesection 51104(g))? d) Resultinthelossofforestlandorconversionofforestland Xtonon- forestuse? e) Involveotherchangesintheexistingenvironmentwhich, duetotheirlocationornature, couldresultinconversionof X'Farmland, tononagriculturaluseorconversionofforest landtononforestuse? fU` afbe nifraa aI e! i.!e jai g to iD3Tw a) Conflictwithorobstructimplementationoftheapplicable Xairqualityplan? b) Violateanyairqualitystandardorcontributesubstantiallyto Xanexistingorprojectedairqualityviolation? c) Resultinacumulativelyconsiderablenetincreaseofany criteriapollutantforwhichtheprojectregionisnon- attainmentunderanapplicablefederalorstateambientair X qualitystandard (includingreleasingemissionswhich exceedquantitativethresholdsforozoneprecursors)? 2. Environmental Checklist Page 28 The Planning Center June 2010 1 1 1 1 1 1 Issues I Potentially W LessThan Significant LessThan No ASHETICS oddtiepro X b) SSubstantiallydamagescenicresources, including, butnot limitedto, trees, rockoutcroppings, andhistoricbuildings XX c) SSubstantiallydegradetheexistingvisualcharacterorquality ofthesiteanditssurroundings? d) CCreateanewsourceofsubstantiallightorglarewhich XX 5 RICUL ORES'T UUR fril`et fining actstBlricult ts s a en 0 ant` 2. Environmental Checklist Page 28 The Planning Center June 2010 1 1 1 1 1 1 1 1 1 1 1 Battle of the Dance Dinner Theater Initial Study 2. Environmental Checklist City of Anaheim Page 29 Issues Potentially Significant Impact LessThan Significant With Mitigation Incorporated LessThan Significant Impact No Impact d)Exposesensitivereceptorstosubstantialpollutant concentrations? e)Createobjectionableodorsaffectingasubstantialnumber ofpeople? a)Haveasubstantialadverseeffect, eitherdirectly orthrough habitatmodifications, onanyspeciesidentifiedasa candidate, sensitive, orspecialstatusspeciesinlocalor regionalplans, policies, orregulations, orbytheCalifornia DepartmentofFishandGameorU.S. FishandWildlife Service? X b)Haveasubstantialadverseeffectonanyriparianhabitator othersensitivenaturalcommunityidentifiedinlocalor regionalplans, policies, regulationsorbytheCalifornia DepartmentofFishandGameorU.S. FishandWildlife Service? X c)Haveasubstantialadverseeffectonfederallyprotected wetlandsasdefinedbySection404oftheCleanWaterAct including, butnotlimitedto, marsh, vernalpool, coastal, etc.) throughdirectremoval, filling, hydrological interruption, orothermeans? X d)Interferesubstantiallywiththemovementofanynative residentormigratoryfishorwildlifespeciesorwith establishednativeresidentormigratorywildlifecorridors, orimpedetheuseofnativewildlifenurserysites? e)Conflictwithanylocalpoliciesorordinancesprotecting biologicalresources, suchasatreepreservationpolicyor ordinance? X f ConflictwiththeprovisionsofanadoptedHabitat ConservationPlan, NaturalCommunityConservationPlan, orotherapprovedlocal, regional, orstatehabitat conservationplan? vo a)Causeasubstantialadversechangeinthesignificanceofa historicalresourceasdefinedin §15064.5oftheCEQA Guidelinesand /oridentifiedontheQualifiedHistoric StructureslistoftheAnaheimColonyHistoricDistrict PreservationPlan (July20, 1999)? X b)Causeasubstantialadversechangeinthesignificanceof anarchaeologicalresourcepursuantto15064.5? c)Directlyorindirectlydestroyauniquepaleontological resourceorsiteoruniquegeologicfeature? d) a) Disturbanyhumanremains, includingthoseinterred outsideofformalcemeteries? Exposepeopleorstructurestopotentialsubstantialadverse effects, includingtheriskofloss, injury, ordeathinvolving: 1 1 1 1 1 Battle of the Dance Dinner Theater Initial Study 2. Environmental Checklist City of Anaheim Page 29 Issues Potentially Significant Impact LessThan Significant With Mitigation Incorporated LessThan Significant Impact No Impact i) Ruptureofaknownearthquakefault, asdelineatedon themostrecentAlquist- PrioloEarthquakeFaultZoning Map, issuedbytheStateGeologistfortheareaor basedonothersubstantialevidenceofaknownfault? RefertoDivisionofMinesandGeologySpecial Publication42. ii) Strongseismicgroundshaking?X iii) Seismic- relatedgroundfailure, includingliquefaction?X iv) Landslides?X b) Resultinsubstantialsoilerosionorthelossoftopsoil? c) Belocatedonageologicunitorsoilthatisunstable, orthat wouldbecomeunstableasaresultoftheproject, and potentiallyresultinon- oroff-sitelandslide, lateral spreading, subsidence, liquefactionorcollapse? d) Belocatedonexpansivesoil, asdefinedinTable18 -1 -Bof theUniformBuildingCode (1994), creatingsubstantialrisks tolifeorproperty? e) Havesoilsincapableofadequatelysupportingtheuseof septictanksoralternativewastewaterdisposalsystems wheresewersarenotavailableforthedisposalofwaste water? x ito a) Generategreenhousegasemissions, eitherdirectlyor indirectly, thatmayhaveasignificantimpactonthe environment? X b) Conflictwithanapplicableplan, policyorregulation adoptedforthepurposeofreducingtheemissionsof greenhousegases? a) Createasignificanthazardtothepublicortheenvironment throughtheroutinetransport, use, ordisposalofhazardous materials? piftikov X X b) Createasignificanthazardtothepublicortheenvironment throughreasonablyforeseeableupsetandaccident conditionsinvolvingthereleaseofhazardousmaterialsinto theenvironment? X c) Emithazardousemissionsorhandlehazardousoracutely hazardousmaterials, substances, orwastewithinone- quartermileofanexistingorproposedschool? X d) Belocatedonasitewhichisincludedonalistofhazardous materialssitescompiledpursuanttoGovemmentCode Section65962.5and, asaresult, woulditcreatea significanthazardtothepublicortheenvironment? X e) Foraprojectlocatedwithinanairportlanduseplan (Los AlamitosArmedForcesReserveCenterorFullerton MunicipalAirport), wouldtheprojectresultinasafety hazardforpeopleresidingorworkingintheprojectarea? X 2. EnvironmentalChecklist Page30 ThePlanningCenter June2010 1 1 1 Issues Potentially Significant Impact LessThan Significant With Mitigation Incorporated LessThan Significant Impact No Impact f) Foraprojectwithinthevicinityofaprivateairstrip, would theprojectresultinasafetyhazardforpeopleresidingor workingintheprojectarea? X g) Impairimplementationoforphysicallyinterferewithan adoptedemergencyresponseplanoremergency evacuationplan? X h) Exposepeopleorstructurestoasignificantriskofloss, injuryordeathinvolvingwildlandfires, includingwhere wildlandsareadjacenttourbanizedareasorwhere residencesareintermixedwithwildlands? X UVdlbeprglect a) Violateanywaterqualitystandardsorwastedischarge requirements? H... b) Substantiallydepletegroundwatersuppliesorinterfere substantiallywithgroundwaterrechargesuchthatthere wouldbeanetdeficitinaquifervolumeoraloweringofthe localgroundwatertablelevel (e.g., theproductionrateof pre- existingnearbywellswoulddroptoalevelwhichwould notsupportexistinglandusesorplannedusesforwhich permitshavebeengranted)? X c) Substantiallyaltertheexistingdrainagepatternofthesiteor area, includingthroughthealterationofthecourseofa streamorriver, inamannerwhichwouldresultina substantialerosionorsiltationon- oroff-site X d) Substantiallyaltertheexistingdrainagepatternofthesiteor area, includingthroughthealterationofthecourseofa streamorriver, orsubstantiallyincreasetherateoramount ofsurfacerunoffinamannerwhichwouldresultinflooding on- oroff -site? X e) Createorcontributerunoffwaterwhichwouldexceedthe capacityofexistingorplannedstormwaterdrainage systemsorprovidesubstantialadditionalsourcesof pollutedrunoff? f) Otherwisesubstantiallydegradewaterquality?X g) Placehousingwithina100 -yearfloodhazardareaas mappedonafederalFloodHazardBoundaryorFlood InsuranceRateMaporotherfloodhazarddelineationmap? X h) Placewithina100 -yearfloodhazardareastructureswhich wouldimpedeorredirectfloodflows?X i) Exposepeopleorstructurestoasignificantriskofloss, injuryordeathinvolvingflooding, includingfloodingasa resultofthefailureofaleveeordam? X j) Inundationbyseiche, tsunami, ormudflow?X k) Substantiallydegradewaterqualitybydischargewhich affectsthebeneficialuses (i.e., swimming, fishing, etc.) of thereceivingwaters? X 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2. EnvironmentalChecklist BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page31 a) Issues I al or Physicallydivideanestablishedcommunity? Potentially Significant Impact LessThan Significant With Mitigation Incorporated LessThan Significant Impact No Impact X b)Conflictwithanyapplicablelanduseplan, policy, or regulationofanagencywithjurisdictionovertheproject including, butnotlimitedtothegeneralplan, specificplan, localcoastalprogram, orzoningordinance) adoptedforthe purposeofavoidingormitigatinganenvironmentaleffect? X c)Conflictwithanyapplicablehabitatconservationplanor naturalcommunityconservationplan? a d -ERAL 1 dw U oul'n er x `4 a L3` L` x a)Resultinthelossofavailabilityofaknownmineral resourcethatwouldbeavaluetotheregionandthe residentsofthestate? X b)Resultinthelossofavailabilityofalocallyimportant mineralresourcerecoverysitedelineatedonalocalgeneral plan, specificplanorotherlanduseplan? X a)Exposureofpersonstoorgenerationofnoiselevelsin excessofstandardsestablishedinthelocalgeneralplanor noiseordinance, orapplicablestandardsofotheragencies? X b)Exposureofpersonstoorgenerationofexcessive groundbornevibrationorgroundbornenoiselevels? c)Asubstantialpermanentincreaseinambientnoiselevelsin theprojectvicinityabovelevelsexistingwithoutthe project? X d)Asubstantialtemporaryorperiodicincrease noiselevelsintheprojectvicinityabovelevelsexisting withouttheproject? X e)Foraprojectlocatedwithinanairportlaneuseplan (Los AlamitosArmedForcesReserveCenteror MunicipalAirport), wouldtheprojectexposepeople residingorworkingintheprojectareatoexcessivenoise levels? X f)Foraprojectwithinthevicinityofaprivateairstrip, would theprojectexposepeopleresidingorworkingintheproject areatoexcessivenoiselevels? 3 X a)zInducesubstantialpopulationgrowthin anarea, either directly (forexample, byproposingnewhomesand businesses) orindirectly (forexample, throughextensionof roadsorotherinfrastructure)? b)Displacesubstantialnumbersofexistinghousing, necessitatingtheconstructionofreplacementhousing elsewhere? X c)Displacesubstantialnumbersofpeople, necessitatingthe constructionofreplacementhousingelsewhere?X 2. EnvironmentalChecklist Page32 ThePlanningCenter June2010 1 1 X X X a) Fireprotection? b) Policeprotection? c) Schools? d) Parks? e) Otherpublicfacilities? a) a) Issues Wouldtheprojectincreasetheuseofexistingneighborhood andregionalparksorotherrecreationalfacilitiessuchthat substantialphysicaldeteriorationofthefacilitywouldoccur orbeaccelerated? b) Doestheprojectincluderecreationalfacilitiesorrequirethe constructionorexpansionofrecreationalfacilitieswhich mighthaveanadversephysicaleffectontheenvironment? Conflictwithanapplicableplan, ordinanceorpolicy establishingmeasuresofeffectivenessfortheperformance ofthecirculationsystem, takingintoaccountallmodesof transportationincludingmasstransitandnonmotorized travelandrelevantcomponentsofthecirculationsystem, includingbutnotlimitedtointersections, streets, highways andfreeways, pedestrianandbicyclepaths, andmass transit? b) Conflictwithanapplicablecongestionmanagement program, including, butnotlimitedtolevelofservice standardsandtraveldemandmeasures, orotherstandards establishedbythecountycongestionmanagementagency fordesignatedroadsorhighways? c) Resultinachangeinairtrafficpatterns, includingeitheran increaseintrafficlevelsorachangeinlocationthatresults insubstantialsafetyrisks? d) Substantiallyincreasehazardsduetoadesignfeature (e.g., sharpcurvesordangerousintersections) orincompatible uses (e.g., farmequipment)? e) Resultininadequateemergencyaccess? f) Conflictwithadoptedpolicies, plans, orprogramsregarding publictransit, bicycle, orpedestrianfacilities, orotherwise decreasetheperformanceorsafetyofsuchfacilities? g) Resultininadequateparkingcapacity? BattleoftheDanceDinnerTheaterInitialStudy 2. EnvironmentalChecklist Potentially Significant Impact LessThan Significant With Mitigation Incorporated LessThan Significant Impact X X X CityofAnaheim Page33 Issues a) Exceedwastewatertreatmentrequirementsofthe applicableRegionalWaterQualityControlBoard? Potentially Significant Impact LessThan Significant With LessThan Mitigation Significant Incorporated Impact No impact b) Requireorresultintheconstructionofnewwaterorwaste watertreatmentfacilitiesorexpansionofexistingfacilities, theconstructionofwhichcouldcausesignificant environmentaleffects? X c). Requireorresultintheconstructionofnewstormwater drainagefacilitiesorexpansionofexistingfacilities, the constructionofwhichcouldcausesignificant environmentaleffects? d) Havesufficientwatersuppliesavailabletoservetheproject fromexistingentitlementsandresourcesorarenewor expandedentitlementsneeded? X e) Resultinadeterminationbythewastewatertreatment provider, whichservesormayservetheprojectthatithas adequatecapacitytoservetheproject'sprojecteddemand inadditiontotheprovider'sexistingcommitments? f) Beservedbyalandfillwithsufficientpermittedcapacityto accommodatetheproject'ssolidwastedisposalneeds? g) Complywithfederal, state, andlocalstatutesand regulationsrelatedtosolidwaste?X h) Resultinaneedfornewsystemsorsupplies, orsubstantial alterationsrelatedtoelectricity?X i) Resultinaneedfornewsystemsorsupplies, orsubstantial alterationsrelatedtonaturalgas?X j) Resultinaneedfornewsystemsorsupplies, orsubstantial alterationsrelatedtotelephoneservice?X k) Resultinaneedfornewsystemsorsupplies, orsubstantial alterationsrelatedtotelevisionservice /reception? a) Doestheprojecthavethepotentialtodegradethequalityof theenvironment, substantiallyreducethehabitatofafishor wildlifespecies, causeafishorwildlifepopulationtodrop belowself- sustaininglevels, threatentoeliminateaplantor animalcommunity, reducethenumberorrestricttherange ofarareorendangeredplantoranimaloreliminate importantexamplesofthemajorperiodsofCalifomia historyorprehistory? b) Doestheprojecthaveimpactsthatareindividuallylimited, butcumulativelyconsiderable? "Cumulatively considerable" meansthattheincrementaleffectsofa projectareconsiderablewhenviewedinconnectionwith theeffectsofpastprojects, theeffectsofothercurrent pro'ects, andtheeffectsofprobablefutureprojects. c) Doestheprojecthaveenvironmentaleffectswhichwill causesubstantialadverseeffectsonhumanbeings, either directlyorindirectly? X 2. EnvironmentalChecklist Page34 ThePlanningCenter June2010 1 1 1 1 t 3. EnvironmentalAnalysis Section2providedachecklistofenvironmentalimpacts. Thissectionprovidesanevaluationoftheimpact categoriesandquestionscontainedinthechecklistandidentifiesmitigationmeasures, ifapplicable. 3.1 AESTHETICS a) Haveasubstantialadverseeffectonascenicvista? NoImpact. Thesurroundingareadoesnotincludescenicvistasthatwouldbealteredbytheproposed project. Ascenicvistaisanareaofnaturallandscapingthatiswithintheviewshedofresidentsortravelers. Theproposedprojectsiteandsurroundingareaaredevelopedandflat. Therearenoscenicvistasthat wouldbeaffectedbytheproposedproject. Inaddition, theprojectsiteisalreadydevelopedwithtwo adjoinedbuildingsandaparkinglot. Theproposedprojectwouldmodifytheexistingbuildingswithinthe existingbuildingfootprint. Themaximumheightofthebuildingwouldbeincreasedbytenfeet, whichwould notsubstantiallyaffectscenicvistasinthesurroundingarea. Therefore, noprojectrelatedscenicvista impactsareanticipated. b) Substantiallydamagescenicresources, including, butnotlimitedto, trees, rockoutcroppings, and historicbuildingswithinastatescenichighway? NoImpact. Theproposedprojectsitedoesnotcontainscenicresourcesanditisnotwithinthescenic highwaycorridor. Thesiteisentirelydevelopedwithexistingbuildingsandaparkinglot, whichwillbe modifiedaspartoftheproposedproject. ThenearestdesignatedscenichighwayisaportionofSR -91, betweenSR -55andeastoftheCityofAnaheimlimits (Caltrans2007). Thisportionisapproximatelysixmiles northeastoftheproposedprojectsite. Therefore, noprojectrelatedimpactstoscenicresourcesare anticipated. c) Substantiallydegradetheexistingvisualcharacterorqualityofthesiteanditssurroundings? NoImpact. Thevisualcharacteroftheprojectsiteandsurroundingareaistypicalofanurbancommercial corridor. However, theexistingbuildingshavebeenvacantforseveralyearsandhavefallenintodisrepair. Theproposedprojectwouldrenovatetheexistingbuildingssothattheyaremeetingtheexistingcityand statebuildingcodesandsothattheymaybeusedasadinnertheater. Theparkinglotwouldbemodifiedto includemorelandscaping. Exteriorchangestothebuildingsincludealterationstothefa9ade. The improvementstotheprojectsitewouldimprovethevisualcharacteroftheprojectsiteandretaintheexisting commercialcharacterconsistentwithsurroundinglanduses. Therefore, nonegativeimpactstothevisual characteroftheareawouldoccur. d) CreateanewsourceofsubstantialTightorglare, whichwouldadverselyaffectdayornighttime viewsinthearea? LessThanSignificantImpactWithMitigationIncorporated. Theprojectsitecontainsavacantcommercial buildingandparkingTots. Althoughparkinglotlightingisinplace, thislightingisnolongerusedtoTightthe site. Therearenoothersourcesoflightontheprojectsite. Withtheproposedproject, improvementstothe parkinglotlightingwouldoccurandsignageonthebuildingmayhavelightedfeatures. Parkinglotlightmay BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page35 3. EnvironmentalAnalysis affectadjacentresidencesifitspillsoutsideoftheprojectsiteboundaryandreachesadjacentproperty. MitigationMeasure1wouldrequirethatlightingtobedirectedawayorshieldedfromadjacentresidences. Therefore, withtheincorporatedmitigation, theproposedlightingontheprojectsitewouldnotcause significantimpactstosurroundingresidences. MitigationMeasure 1. Priortoissuanceofabuildingpermit, thepropertyowner /developershallsubmitplansthatdetailthe lightingsystemsforanyparkingfacilitiesadjacenttoresidentialorotherlight- sensitiveuses. The systemshallbedesignedandmaintainedinsuchamannerastoconcealthelightsourcestothe extentfeasibletominimizeTightspillageandglaretoadjacentuses. Theplansshallbepreparedand signedbyalicensedelectricalengineerwithaletterfromtheengineerstatingthat, intheopinionof theengineer, therequirementhasbeenmet. 3.2 AGRICULTUREANDFORESTRESOURCES indeterminingwhetherimpactstoagriculturalresourcesaresignificantenvironmentaleffects, leadagencies mayrefertotheCaliforniaAgriculturalLandEvaluationandSiteAssessmentModel (1997) preparedbythe CaliforniaDept. ofConservationasanoptionalmodeltouseinassessingimpactsonagricultureand farmland. Indeterminingwhetherimpactstoforestresources, includingtimberland, aresignificant environmentaleffects, leadagenciesmayrefertoinformationcompiledbytheCaliforniaDepartmentof ForestryandFireProtectionregardingthestate'sinventoryofforestland, includingtheForestandRange AssessmentProjectandtheForestLegacyAssessmentproject; andforestcarbonmeasurement methodologyprovidedinForestProtocolsadoptedbytheCaliforniaAirResourcesBoard. Wouldtheproject: a) ConvertPrimeFarmland, UniqueFarmland, orFarmlandof. StatewideImportance (Farmland), as shownonthemapspreparedpursuanttotheFarmlandMappingandMonitoringProgramofthe CaliforniaResourcesAgency, tononagriculturaluse? NoImpact. TheproposedprojectwouldnotconvertPrimeFarmland, UniqueFarmland, orFarmlandof StatewideImportance (Farmland) intononagriculturaluses. Theexistingbuildingsandparkinglotpreclude theuseofthesiteforagriculturalpurposesandtherearenoagriculturalzoningorlandusedesignations onsite. Theproposedprojectwouldmodifytheexistingbuildingsandparkinglot, andnoimpactsto Farmlandwouldoccur. b) Conflictwithexistingzoningforagriculturaluse, oraWilliamsonActcontract? NoImpact. Developmentoftheproposedprojectwouldnotconflictwithagriculturalzoningorwitha WilliamsonActcontract. ThesiteiscurrentlyzonedastheARSPandtherearenoWilliamsonActcontracts onthesiteorinitsvicinity (CDC2010a). Therefore, noimpactstoagriculturallandareanticipated. c) Conflictwithexistingzoningfor, orcauserezoningof, forestland (asdefinedinPublicResources Codesection12220(g)), timberland (asdefinedbyPublicResourcesCodesection4526), or timberlandzonedTimberlandProduction (asdefinedbyGovernmentCodesection51104(g))? NoImpact. Theproposedprojectwouldnotconflictwithexistingzoningforforestland, timberland, or timberlandzonedasTimberlandProduction. Theprojectsiteisentirelyurbanizedanddevelopedwith existingbuildingsandaparkinglot. Noportionoftheprojectsiteorthesurroundingareasisforested. Therefore, noimpactstoforestland, timberland, ortimberlandzonedasTimberlandProductionwouldoccur. Page36 ThePlanningCenter June2010 1 t 1 1 d) Resultinthelossofforestlandorconversionofforestlandtononforestuse? NoImpact. Modificationstotheprojectsiteinaccordancewiththeproposedprojectwouldnotresultinthe lossorconversionofforestland. Thesiteisurbanizedandcurrentlydevelopedwithparkinglotsand buildings. Theproposedprojectwouldrenovatetheexistingbuildingsandmodifytheparkinglotswith additionallandscaping. Therefore, projectimplementationwouldnotresultinthelossofforestlandor conversionofforestlandtonon- forestuse. e) Involveotherchangesintheexistingenvironmentwhich, duetotheirlocationornature, could resultinconversionofFarmland, tononagriculturaluseorconversionofforestlandtononforest use? NoImpact. TheproposedprojectsiteisinanurbanizedareaoftheCityofAnaheimandthedevelopmentof theproposedprojectwouldnotcauseanyadditionalchangestotheexistingenvironmentoftheprojectsite orthesurroundingareas. Therearenoareasofforestoragriculturallandwithinthevicinityoftheproposed projectthatwouldbeconvertedtononagriculturalornonforestuses. Therefore, noimpactstoforestor agriculturallandareanticipated. 3.3 AIRQUALITY TheAirQualitysectionaddressestheimpactsoftheproposedprojectonambientairqualityandthe exposureofpeople, especiallysensitiveindividuals, tounhealthfulpollutantconcentrations. Theprimaryair pollutantsofconcernforwhichambientairqualitystandards (AAQS) havebeenestablishedareozone (0 carbonmonoxide (CO), coarseinhalableparticulatematter (Milo), fineinhalableparticulatematter (PM sulfuroxides (SOoxidesofnitrogen (NO), andlead (Pb). AreasareclassifiedunderthefederalCleanAir ActasineitherattainmentornonattainmentforeachcriteriapollutantbasedonwhethertheAAQShave beenachieved. TheSouthCoastAirBasin (SoCAB), whichismanagedbytheSouthCoastAirQuality ManagementDistrict (SCAQMD), isdesignatedasnonattainmentfor0andPM2.5undertheCaliforniaand NationalAAQS, andforPM,,, NOandlead (LosAngelesCountyonly) undertheCaliforniaAAQS. This sectionanalyzesthetypesandquantitiesofairpollutantemissionsthatwouldbegeneratedbythe constructionandoperationoftheproposedproject. Abackgrounddiscussionontheairqualityregulatory setting, meteorologicalconditions, existingambientairqualityinthevicinityoftheprojectsite, andairquality modelingcanbefoundinAppendixAtothisInitialStudy. Whereavailable, thesignificancecriteriaestablishedbytheapplicableairqualitymanagementorair pollutioncontroldistrictmaybereliedupontomakethefollowingdeterminations. Wouldtheproject: a) Conflictwithorobstructimplementationoftheapplicableairqualityplan? LessThanSignificantImpact. Aconsistencydeterminationplaysanimportantroleinlocalagencyproject reviewbylinkinglocalplanningandindividualprojectstotheAirQualityManagementPlan (AQMP). Itfulfills theCEQAgoalofinformingdecisionmakersoftheenvironmentaleffectsoftheprojectunderconsideration atanearlyenoughstagetoensurethatairqualityconcernsarefullyaddressed. italsoprovidesthelocal agencywithongoinginformationastowhethertheyarecontributingtocleanairgoalscontainedinthe AQMP. Therearetwokey,indicatorsofconsistency: Indicator1: 3. EnvironmentalAnalysis Whethertheprojectwouldresultinanincreaseinthefrequencyorseverityofexisting airqualityviolations, causeorcontributetonewviolations, ordelaytimelyattainment oftheambientairqualitystandardsorinterimemissionreductionsintheAQMP. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page37 Source' Pollutants (inpoundsperday) VOC NO CO SO PM PM2:5 Demolition 1 12 7 1 5 1 FineSiteGrading 3 25 13 0 5 2 BuildingConstruction 4 17 14 0 1 1 ArchitecturalCoating 42 1 1 0 1 1 Paving 4 20 13 1 2 2 MaximumDailyEmissions 50 37 28 1 5 3 SCAQMDRegionalThreshold 75 100 550 150 150 55 ExceedsThreshold?No No No No No No 3. EnvironmentalAnalysis Indicator2: WhethertheprojectwouldexceedtheassumptionsintheAQMP. TheAQMPstrategy is, inpart, basedonprojectionsfromlocalgeneralplans. TheproposedprojectisnotaregionallysignificantprojectthatwouldwarrantIntergovernmentalReviewby theSouthernCaliforniaAssociationofGovernments (SCAG). Therefore, theproposedprojectdoesnothave thepotentialtosubstantiallyaffecthousing, employment, andpopulationprojectionswithinthesouthern Californiaregion, whichisthebasisoftheAQMPprojections. Furthermore, emissionsgeneratedby constructionandoperationoftheproposedprojectwouldbelessthanSCAQMDemissionsthresholds, and wouldnotbeconsideredbySCAQMDtobeasubstantialsourceofairpollutantemissions. Therefore, the projectwouldnotconflictorobstructimplementationoftheAQMPandimpactsarelessthansignificantin thisregard. b) Violateanyairqualitystandardorcontributesubstantiallytoanexistingorprojectedairquality violation? LessThanSignificantImpact. Thefollowingdescribesprojectrelatedimpactsfromshort -termconstruction activitiesandTong -termoperationofthesefacilities. Short-TermAirQualityImpacts Constructionactivitieswouldresultinthegenerationofairpollutants. Theseemissionswouldprimarilybe 1) exhaustemissionsfrompoweredconstructionequipment; 2) dustgeneratedbydemolition, grading, earthmoving, andotherconstructionactivities; 3) motorvehicleemissions; and4) emissionsofvolatile organiccompoundsfromtheapplicationofasphalt, paints, andcoatings. ConstructionemissionswereestimatedusingSCAQMD'sURBEMIS2007inventorymodel. Construction activitiesareestimatedtocommenceinmid -2010andbecompletedwithinfourtosixmonths. Where specificinformationwasnotavailable, constructionassumptionswerebasedonURBEMIS2007defaults. ResultsofthemodelingareincludedinTable1. Asshowninthistable, constructionactivitieswouldnot exceedtheSCAQMDregionalsignificancethresholds. Therefore, airqualityimpactsfromproject- related constructionactivitieswouldbelessthansignificant. Table1 MaximumDailyConstructionEmissions Source: URBEMIS2007, Version9.2.4. Airqualitymodelingbasedonafour -monthconstructionscheduleandreconstructionofa43,500- square -footbuilding. Assumesapproximately 30,000squarefeetoftheexistingbuildingwouldbedemolishedandreconstructedforthedinnertheater. Wherespecificconstructioninformation wasnotavailable, constructionassumptionswerebasedonURBEMIS2007defaults. 2FugitivedustemissionsassumeapplicationofRule403, whichincludesquicklyreplacinggroundcoverindisturbedareas, wateringexposed surfacesatleasttwotimesdaily, implementationofequipmentloading/unloadingprocedurestoreducefugitivedust, managinghaulroaddustby watertwotimesdaily, andreducingspeedonunpavedroadstolessthan15mph. 3. Assumesoverlapofbuilding, architecturalcoatings, andpavingphases. Page38 ThePlanningCenter June2010 1 1 MO StationarySources VAC z 1 NO 1 CO r 2 SO 0 PM, 1 PM25 1 MobileSources 5 6 79 1 16 3 TotalEmissions 6 7 81 1 16 3 SCAQMDRegionalThreshold 55 55 550 150 150 55 ExceedsThreshold? StationarySources No 1 No 1 No 1 No 0 No 0 No 0 MobileSources 6 8 73 1 16 3 TotalEmissions 6 8 74 1 16 3 SCAQMDRegionalThreshold 55 55 550 150 150 55 ExceedsThreshold?No No No No No No 1 1 1 1 Long -TermOperationRelatedImpacts Long -termairpollutantemissionsgeneratedbytheprojectareassociatedwiththenewstationarysources naturalgasuse, landscapeequipment, etc.) andmobilesources. TheprojectislocatedwithintheAnaheim Resortarea, approximatelyonemilesoutheastoftheDisneylandResort. Accordingtothetrafficstudy preparedbyKunzmanAssociates, Inc., approximately20percentoftheproposedprojectpatronswould arrivebywalking, 15percentwouldarrivebybus (transitbusortourbus),10percentwouldarrivebyhotel shuttles, and55percentwouldarrivebypassengervehicle. TheBattleoftheDancedinnertheaterwould haveaseatingcapacityof950seats, 70employees, andhostuptothreeshowsperday. Theproposed projectwouldresultinamaximumof645averagedailypassengervehicleweekdaytrips (Friday) anda maximumof1,043averagedailypassengervehicleweekendtrips (Saturday). TheFridaydailyratesreflect twoshowingsandtheSaturdaydailyratesreflectthreeshowingseventhoughtherewouldbeoneshowon Friday (andweeknights) andtwoonSaturday. Thisreflectsamoreconservativeestimateandallowsfor flexibilityinincludingthethreeshowsonSundays. TripsgeneratedbyshuttlebusesandtransitwithinThe AnaheimResortareaareassumedtobeexistingtripsandthereforearenotincludedaspartoftheemissions inventoryfortheproject. Becausethemajorityoftripswouldoccuronaweekend, operationalphaseair pollutantemissionsweremodeledforweekendevents. Table2showsthedailyoperationalemissions relatedtotheprojectforweekenddinnertheaterevents. Asshown, projectrelatedstationarysourceair pollutantemissionswouldnotexceedtheSCAQMD'sregionalemissionsthresholdsforoperationalactivities, andimpactswouldbeTessthansignificant. Source: URBEMIS2007, Version9.2.4. Table2 MaximumDailyOperationalEmissions, Saturday inpoundsperday) 3. EnvironmentalAnalysis c) Resultinacumulativelyconsiderablenetincreaseofanycriteriapollutantforwhichtheproject regionisnonattainmentunderanapplicablefederalorstateambientairqualitystandard includingreleasingemissionswhichexceedquantitativethresholdsforozoneprecursors)? LessThanSignificantImpact. TheSoCABisdesignatedasnonattainmentfor03andPMunderthe CaliforniaandNationalAAQS, andnonattainmentforPM,,, NO, andlead (LosAngelesCountyonly) under theCaliforniaAAQS. InaccordancewithSCAQMDmethodology, anyprojectthatdoesnotexceedorcanbe mitigatedtolessthanthedailythresholdvaluesdoesnotaddsignificantlytoacumulativeimpact (SCAQMD 1993). TheURBEMISmodelingdemonstratesthatconstructionandoperationalactivitieswouldnotresultin BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page39 Source'NO„CO PM,o PMz5 MaximumDailyConstructionEmissions 35 21 5 3 SCAQMDLocalizedThreshold 178 1,217 13 7 ExceedsLocalizedSignificanceThreshold?No No No No Source. IIRRFMIS2no7versinng_ 24andSCAQMD. LocalizedSianificanceMethodoloay. 2006. October. AppendixA. BasedonLSTsforaproject 3. EnvironmentalAnalysis emissionsinexcessofSCAQMD'sthresholdvalues, andtherefore, theprojectdoesnotaddsignificantlyto anycumulativeimpact. Nomitigationmeasuresarenecessary. d) Exposesensitivereceptorstosubstantialpollutantconcentrations? LessThanSignificantImpact. Theprojectcouldexposesensitivereceptorstoelevatedpollutant concentrationsifitwouldcauseorcontributesignificantlytoelevatedpollutantconcentrationlevels. Unlike themass (poundsperday) ofconstructionandoperationalemissionsshowninTables1and2, localized concentrationsrefertotheamountofpollutantinavolumeofair (ppmorNg /m3) andcanbecorrelatedto potentialhealtheffects. However, Table1andTable2calculatetheamountofproject- relatedregional emissionsatwhichlocalizedconcentrations (ppmorpg /mwouldexceedtheambientairqualitystandards accordingtothesizeoftheprojectsiteanddistancetothenearestsensitivereceptor. Localizedsignificance thresholds (LSTs) arebasedontheCaliforniaAAQS, whicharethemoststringentAAQSthathavebeen establishedtoprovideamarginofsafetyintheprotectionofthepublichealthandwelfare. Theyare designedtoprotectthosesensitivereceptorsmostsusceptibletofurtherrespiratorydistress, suchas asthmatics, theelderly, veryyoungchildren, peoplealreadyweakenedbyotherdiseaseorillness, and personsengagedinstrenuousworkorexercise. ConstructionLSTs Emissionsgeneratedbyconstructionactivitiesareanticipatedtocausetemporaryincreasesinpollutant concentrations. Table3showsthemaximumdailyconstructionemissions (poundsperday) generated duringconstructionactivitiescomparedwiththeSCAQMD'sscreeninglevelLSTs. Sensitivereceptors surroundingthesiteincluderesidentsadjacenttotheprojectsite. InaccordancewithSCAQMD methodology, onlyonsitestationarysourcesandmobileequipmentoccurringontheprojectsite, are includedintheanalysis. Table3 MaximumDailyOnsiteConstructionEmissions, ScreeningLevelAnalysis linpoundsperda siteinSRA17fora4.8 -acresitewithsensitivereceptorslocatedwithin25meters (82feet). Basedononsiteairpollutantemissions. Notes: 1Airqualitymodelingbasedonconstructionschedule. Wherespecificconstructioninformationwasnotavailable, constructionassumptionswere basedonURBEMIS2007defaults. 2FugitivedustemissionsassumeapplicationofRule403, wateringexposedsurfacesatleasttwotimesdaily, implementationofequipment loading/unloadingprocedurestoreducefugitivedust, managinghaulroaddustbywateringtwotimesdaily, andreducingthespeedofonsite constructionequipmenttolessthan15mph. Asshowninthistable, maximumdailyemissionswouldnotexceedtheLSTscreeninglevelcriteria. Therefore, theprojectwouldnotexposesensitivereceptorstosubstantialpollutantconcentrations. Impacts wouldbeTessthansignificant. Page40 ThePlanningCenter June2010 1 r 1 1 Source NO CO PM, 2 PMs StationarySources 1 2 1 1 SCAQMDLocalizedSignificanceThreshold 178 1,217 3 2 ExceedsLocalizedSignificanceThreshold?No No No No 1 1 1 1 OperationalLSTs 3. EnvironmentalAnalysis Toestimateconcentrationsofairpollutantsgeneratedbyoperationoftheprojectatnearbyexistingand proposedsensitivereceptors, theproject'smaximumdailyemissionswerecomparedtotheoperational LSTs. InaccordancewithSCAQMDmethodology, onlyonsitestationarysourcesareincludedintheanalysis. Table4showsmaximumdailyoperationalemissionsgeneratedbytheprojectcomparedtotheLST. As showninthistable, projectemissionswouldnotexceedLSTscreeninglevelcriteriaforCO, N0xPM,,, or PMBecausetheproject'sstationary- sourceemissionswouldnotexceedtheLSTscreeninglevelcriteria, noairpollutantconcentrationsfromprojectrelatedoperationalactivitieswouldexceedtheCaliforniaor federalAAQS, andnosignificantairqualityimpactwouldoccurfromexposureofpersonstosubstantialair pollutantconcentrations. Table4 MaximumDailyOnsiteOperationalEmissions, ScreeningLevelAnalysis inpoundsperda Source: URBEMIS2007Version9.2.4andSCAQMD, 2006, AppendixA: BasedonLSTsforaprojectsiteinSRA17fora4.8 -acresite withsensitivereceptorslocatedwithin25meters (82feet). InaccordancewithSCAQMDmethodology, onlyonsitestationary sourcesandmobileequipmentoccurringontheprojectsiteareincludedintheanalysis. CarbonMonoxideHotspots AnimpactisalsopotentiallysignificantifemissionlevelsexceedthestateorfederalAAQS, therebyexposing receptorstosubstantialpollutantconcentrations. BecauseCOisproducedingreatestquantitiesfromvehicle combustionanddoesnotreadilydisperseintotheatmosphere, adherencetoambientairqualitystandards istypicallydemonstratedthroughananalysisoflocalizedCOconcentrations. AreasofvehiclecongestionhavethepotentialtocreateelevatedconcentrationsofCOcalled "hotspots." Thesehotspotshavethepotentialtoexceedthestateone -hourstandardof20ppmorthe8 -hourstandardof 9ppm. NotethattheFederallevelsarebasedonone- andeight -hourstandardsof35and9ppm, respectively. Thus, anexceedanceconditionwilloccurbasedonthestatestandardspriortoexceedanceof thefederalstandards. Theprojectwouldgenerateanincreaseinvehicletrafficonlocalroadwaysinthevicinityoftheprojectsite. Becausetrafficcongestionishighestatintersectionswherevehiclesqueueandaresubjecttoreduced speeds, thesehotspotsaretypicallyproducedatintersectionlocations. COhotspotshavebeenfoundto occuronlyatsignalizedintersectionsthatoperateatorbelowlevelofservice (LOS) E (Caltrans1997). All localintersectionscurrentlyoperateatLOSDorbetterandwillcontinuetooperateatLOSBorbetterwith theprojectduringthemorningandeveningpeakhours (seeSection3.16, Transportation/Traffic). Consequently, theprojectwouldnotgenerateanyCOhotspotsorsitesensitivereceptorsproximatetoany intersectionsthataresubjecttosignificantCOconcentrations. Furthermore, theSoCABisdesignatedas attainmentforCO. Assuch, theprojectwouldnotexposesensitivereceptorstosubstantialpollutant concentrations. Nosignificantimpactwouldresultfromthisprojectandnomitigationmeasuresare necessary. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page41 3. EnvironmentalAnalysis ShuttleBusIdling Priortoandafterdinnertheaterperformances, hotelshuttlebuseswouldlineupintheloading /unloading laneattheentrancearea. ShuttlebusesattheprojectsitearesubjecttoCaliforniaAirResourcesBoard CARB) RuleSection2485, In -UseAirborneToxicControlMeasure (ATOM). TheATCMprohibitsdriversof dieselfueledcommercialmotorvehiclesfromidlingthevehicles' primarydieselenginesformorethanfive minutesatanylocation. WithcomplianceofCARBRule2485, idlingemissionsfromshuttlebusesassociated withtheprojectwouldbeextremelylimitedandwouldnotexposesensitivereceptorstosubstantialpollutant concentrations. e) Createobjectionableodorsaffectingasubstantialnumberofpeople? LessThanSignificantImpact. Potentialodorsresultingfromtheprojectwouldoccurduringthe constructionphaseandwouldbeassociatedwiththeapplicationofasphaltandpaintandtheemissionof constructionvehicleexhaust. Nuisanceodorswouldbeconfinedtotheimmediatevicinityoftheconstruction equipment. Therefore, bythetimesuchemissionsreachanysensitivereceptorsites, theywouldbediluted towellbelowanylevelofairqualityconcern. Anoccasionalwhiffofdieselexhaustfrompassingequipment andtrucksaccessingthesitefrompublicroadwaysmayresult. Suchodorsareanadverse, butnot significant, airqualityimpact. Noobjectionableodorsareanticipatedtoresultfromtheoperationalphaseof theproposedproject. Cookingodorsassociatedwithdinnerprovidedatthetheaterwouldnotbe objectionable. Furthermore, odorcomplaintsaresubjecttoSCAQMDRule402, Nuisance, whichrequires thatodorsnotresultinanuisanceorannoyancetothepublic.. Odorimpactsresultingfromtheproposed projectarenotconsideredsignificant. 3.4 BIOLOGICALRESOURCES a) Haveasubstantialadverseeffect, eitherdirectlyorthroughhabitatmodifications, onanyspecies identifiedasacandidate, sensitive, orspecialstatusspeciesinlocalorregionalplans, policies, or regulations, orbytheCaliforniaDepartmentofFishandGameorU.S. FishandWildlifeService? NoImpact. Therearenosensitivehabitatsorcandidate, sensitive, orspecialstatusspeciesontheproject site (CityofAnaheim2004; CDFG2003). Theprojectsitecontainstwoadjoinedvacantbuildings, andthe remainderofthesiteispavedwithaparkinglot. Therearenoareasofopenspacethatwouldsupport naturalhabitatsorspecieslistedascandidate, sensitive, orspecialstatusbytheCaliforniaDepartmentof FishandGameorUSFishandWildlifeService. Therearenolocalorregionalplans, policies, orregulations thatprotecthabitatorspeciesontheprojectsite. Therefore, noimpactstobiologicalresourcesare anticipated. b) Haveasubstantialadverseeffectonanyriparianhabitatorothersensitivenaturalcommunity identifiedinlocalorregionalplans, policies, regulations, orbytheCaliforniaDepartmentofFish andGameorU.S. FishandWildlifeService? NoImpact. Theproposedprojectwouldnotresultinadverseeffectsonriparianorsensitivenatural communityhabitats. Theprojectsiteisurbanizedanddevelopedwithaparkinglotandexistingbuildings. TheonlyareasofopenspacearestripsoflandscapingbythesidewalkalongHarborBoulevardandfour landscapingislandsonthewesternportionoftheprojectsite. The2004AnaheimGeneralPlandoesnot identifyanyareasofsensitivebiologicalhabitatontheprojectsite (CityofAnaheim2004). Noproject- related impactstoriparianorsensitivenaturalcommunityhabitatwouldoccur. Page42 ThePlanningCenter June2010 3. EnvironmentalAnalysis c) HaveasubstantialadverseeffectonfederallyprotectedwetlandsasdefinedbySection404ofthe CleanWaterAct (including, butnotlimitedto, marsh, vernalpool, coastal, etc.) throughdirect removal, filling, hydrologicalinterruption, orothermeans? NoImpact. Federallyprotectedwetlandswouldnotbeaffectedbydevelopmentoftheproposedproject. Section404oftheCleanWaterActismeanttoregulatethedredgeandfillactivitiesonwetlandsandwaters oftheUnitedStates. Theprojectsiteisurbanizedandfullydeveloped; itdoesnotcontainwetlandsorother aquaticareas. Theproposedsitemodificationsandbuildingrenovationswouldnotdisruptanyexisting wetlandsandnoimpactswouldoccur. d) Interferesubstantiallywiththemovementofanynativeresidentormigratoryfishorwildlife speciesorwithestablishednativeresidentormigratorywildlifecorridors, orimpedetheuseof nativewildlifenurserysites? NoImpact. Theproposedprojectwouldnotinterferewiththemovementorestablishedmigratorycorridors ofnativeresidentormigratoryfishorwildlifespecies. Itwouldalsonotinterferewithanywildlifenursery sites. ThemajorityofnaturalhabitatandopenspaceintheCityofAnaheimisintheeasternpartoftheCity, wheretheCity'sboundariesabutChinoHillsStateParkandtheClevelandNationalForest (CityofAnaheim 2004). Theproposedprojectsiteisurbanizedanddevelopedwithparkinglotsand43,500squarefeetof buildingspace. Therefore, itdoesnotsupportnaturalhabitatthatwouldbeusedbywildlifespecies, includingformigratoryandnurserypurposes. Noprojectrelatedimpactstonativefishorwildlifemovement, migratorywildlifecorridors, andnurserysitesareanticipated. e) Conflictwithanylocalpoliciesorordinancesprotectingbiologicalresources, suchasatree preservationpolicyorordinance? NoImpact. Thedevelopmentoftheproposedprojectmayrequiretheremovalofexistingtreesonthe projectsite. ExistingtreesincludeeucalyptustreesalongHarborBoulevardandthesouthernsiteboundary. Theproposedsitemodificationstotheparkinglotmayrequiretheremovalofsomeoralloftheseexisting trees. AlthoughtheCityhasatreeordinancethatstates "nopersonshallcut, trim, prune, plant, remove, spray, orinanyothermannerinterferewithanystreettreewithintheCityofAnaheimwithoutfirsthaving securedwrittenpermissionfromtheDirectorofCommunityServicesorhisorherdesignee," theprojectsite doesnotcontainanytreesincludedontheCity'sofficialtreespecieslist. Nospecifiedtreeswouldbe impactedandnoimpactswouldoccur; noadditionalanalysisisneeded. f) ConflictwiththeprovisionsofanadoptedHabitatConservationPlan, NaturalCommunity ConservationPlan, orotherapprovedlocal, regional, orstatehabitatconservationplan? NoImpact. TheproposedprojectwouldnotconflictwiththeprovisionsofanadoptedHabitatConservation Plan (HCP) orNaturalCommunityConservationPlan (NCCP). AportionofeasternAnaheimliesinthe OrangeCountyCentral -CoastSubregionalNCCP /HCP (CityofAnaheim2004). Thishabitatconservation planwasdevelopedin1996toprotect37,378acresofhabitatand39specialstatusspeciesincentral OrangeCounty (USFWS2008). TheproposedprojectsitedoesnotliewithinthisNCCP /HCP. Therefore, the proposedprojectwouldnotimpactanyadoptedhabitatconservationplansornaturalcommunity conservationplans. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page43 3. EnvironmentalAnalysis 3.5 CULTURALRESOURCES a) Causeasubstantialadversechangeinthesignificanceofahistoricalresourceasdefinedin 15064.5oftheCEQAGuidelinesand /oridentifiedontheQualifiedHistoricStructureslistofthe AnaheimColonyHistoricDistrictPreservationPlan (July20, 1999)? NoImpact. Section15064.5oftheCEQAGuidelinesdefineshistoricresourcesasresourceslistedor determinedtobeeligibleforlistingbytheStateHistoricalResourcesCommission, alocalregisterof historicalresources, ortheleadagency. Generallyaresourceisconsideredtobe "historicallysignificant," if itmeetsoneofthefollowingcriteria: i) Isassociatedwitheventsthathavemadeasignificantcontributiontothebroadpatternsof California'shistoryandculturalheritage; ii) Isassociatedwiththelivesofpersonsimportantinourpast; iii) Embodiesthedistinctivecharacteristicsofatype, period, regionormethodofconstruction, or representstheworkofanimportantcreativeindividual, orpossesseshighartisticvalues; or iv) Hasyielded, ormaybelikelytoyield, informationimportantinprehistoryorhistory. ExistingbuildingsqualifyashistoricstructuresontheCaliforniahistoricregistryiftheymeettheabove criteriaandiftheywerebuiltover50yearsago. Theexistingbuildingsontheprojectsitedonotmeetthese criteriaandwerebuiltafter1960. TheexistingbuildingsarealsonotincludedontheCity'sQualifiedHistoric StructureslistoftheAnaheimColonyHistoricDistrictPreservationPlan. Theproposedprojectwouldinvolve theremodelingofthelargerofthetwobuildingsandpartiallydemolishingthesmallerofthetwoTogether theywouldbeusedfortheproposeddinnertheater. Theproposedmodificationstothetwobuildingswould notcauseimpactstohistoricresources. Noimpactswouldoccurandnoadditionalanalysisisneeded. b) Causeasubstantialadversechangeinthesignificanceofanarchaeologicalresourcepursuantto 15064.5? NoImpact. Theproposedsitemodificationsandbuildingrenovationswouldnotcausesubstantialchanges toanarchaeologicalresource. Thesitehasalreadybeendisturbedandgradedforcommercialdevelopment. Sitemodificationsincluderepavingtheparkinglotandtheplacementofadditionallandscapedareas throughouttheparkinglotandaroundtheexistingbuildings. Thesemodificationsmayrequireveryminimal groundexcavationinsoilthathasalreadybeenexcavatedandgradedandwouldnotdisturbanyunknown archaeologicalresources. Buildingrenovationwouldbecompletedwithintheexistingbuildingfootprintand noadditionalgrounddisturbancewouldoccur. Projectrelatedimpactstoarchaeologicalresourceswould notoccurandnoadditionalanalysisisrequired. c) Directlyorindirectlydestroyauniquepaleontologicalresourceorsiteoruniquegeologicfeature? NoImpact. Theproposedsitemodificationsandbuildingrenovationswouldnotcausesubstantialchanges topaleontologicalorgeologicalresources. Thesitehasalreadybeendisturbedandgradedforcommercial development. Therearenoidentifieduniquepaleontologicalorgeologicalresourcesontheprojectsite. Site modificationsincluderepavingtheparkinglotandtheplacementofadditionallandscapedareasthroughout theparkinglotandaroundtheexistingbuildings. Thesemodificationsmayrequireveryminimalground excavationinsoilthathasalreadybeenexcavatedandgradedandwouldnotdisturbanyunknown paleontologicalorgeologicalresources. Buildingrenovationwouldbecompletedwithintheexistingbuilding Page44 ThePlanningCenter June2010 3.6 GEOLOGYANDSOILS 3. EnvironmentalAnalysis footprintandnoadditionalgrounddisturbancewouldoccur. Projectrelatedimpactstopaleontological resourceswouldnotoccurandnoadditionalanalysisisrequired. d) Disturbanyhumanremains, includingthoseinterredoutsideofformalcemeteries? NoImpact. Theproposedprojectsitehasbeendisturbedandgradedforcommercialdevelopment. Melrose AbbeyMemorialParkistheclosestcemeterywithburiedhumanremains (GoogleMaps2010). Sincethe projectsitehasbeenpreviouslydisturbedandgraded, theproposedsitemodificationsandbuilding renovationswouldnotdisturbareasofthegroundthathavenotpreviouslybeendisturbed. Sinceproject implementationwouldnotrequiregradingtoanincreaseddepth, itisunlikelythathumanremainswouldbe found. Therefore, noimpactstohumanremainsareanticipated. a) Exposepeopleorstructurestopotentialsubstantialadverseeffects, includingtheriskofloss, injury, ordeathinvolving: i) Ruptureofaknownearthquakefault, asdelineatedonthemostrecentAlquistPriolo EarthquakeFaultZoningmap, issuedbytheStateGeologistfortheareaorbasedonother substantialevidenceofaknownfault? RefertoDivisionofMinesandGeologySpecial Publication42. NoImpact. Theproposedprojectsitedoesnotlieonanyactiveorpotentiallyactiveearthquakefaults CityofAnaheim2004). AlthoughnoAlquistPriolofaultzonesrunthoughtheCityofAnaheim, twomajor faultzonesareincloseproximitytotheCityboundaries. TheNewport- Inglewoodfaultzonerunspastthe Cityonthesouthwest, andtheWhittierElsinorefaultzonerunspasttheCityonthenortheast. Potentially activefaultzones, includingtheNorwalk, ElModerno, andPeraltaHillsfaultzones, alsoruninclose proximitytotheCity. TheclosestfaulttotheprojectsiteistheElModernoFault. Althoughtheexact locationofthisfaultisnotknown, itisapproximatelythreetofivemilesnortheastoftheproposedproject site (CityofAnaheim2004). Noactiveorpotentiallyactivefaultsrunthroughtheproposedprojectsite andnoimpactswouldoccur. ii) Strongseismicgroundshaking? LessThanSignificantImpact. Theprojectsiteisinaseismicallyactiveareaandtheproposedproject maybesubjecttoseismicgroundshaking. AlthoughtherearenoAlquistPriolofaultzonesrunning throughtheCityofAnaheim, thereareanumberoffaultssurroundingtheCitythatcouldcauseseismic groundshakingontheprojectsite (CityofAnaheim2004). Theproposedprojectwouldincludethe remodelingofexistingbuildings. Aspartofthepartialdemolitionandremodeling, thetwobuildings wouldbeupdatedtomeetexistingCityandstatebuildingcodesthatprovidebuildingregulationsfor earthquakesafety. TheCityofAnaheimrequiresthatallnewconstructionandexistingbuildingsmeet buildingstandardsforearthquakesafetythroughtheprovisionsofSection15.03, BuildingStandard Codes, andSection15.07, EarthquakeHazardReductioninExistingBuildings, oftheAnaheimmunicipal code. Section15.07ofthemunicipalcodespecificallyrequiresthatbuildingsnotmeetingearthquake safetyrequirementsmusteitherbedemolishedoralteredinordertomeetthestandards (Cityof AnaheimmunicipalcodeSection15.07.050.010). Title24oftheCaliforniaCodeofRegulations, ortheCaliforniaBuildingCode (CBC), hasprovisionsfor earthquakesafetybasedonfactorsincludingoccupancytype, thetypesofsoilandrockonsite, andthe strengthofgroundmotionwithspecifiedprobabilityofoccurringatthesite. Section15.03ofthe BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page45 3. EnvironmentalAnalysis AnaheimmunicipalcodeadoptstheprovisionsoftheCBC (CityofAnaheimMunicipalCodeSection 15.03). Theproposedprojectwouldmeetthebuildingrequirementsthatreducetheimpactsofstrong seismicgroundshaking, andimpactswouldbeTessthansignificant. iii) Seismicrelatedgroundfailure, includingliquefaction? NoImpact. Theproposeddevelopmentwouldnotexposepeopleorstructurestodamagecausedby seismicrelatedgroundfailure, includingliquefaction. Liquefactiontendstooccurinareaswithhigh watertables. Saturationofthesoilbywaterwillcausesoilinstability, resultinginliquefactionand structuraldamage. Seismicactivitymayinduceliquefactionofthegroundbecauseoftheshiftingof geologicalplatesandchangesingroundstability. Theprojectsiteisnotinanareaidentifiedashavinga riskforliquefaction, andnoimpactswouldoccur (CityofAnaheim2004). iv) Landslides? NoImpact. Theproposedprojectsiteisnotsusceptibletolandslides, andtheproposedsite modificationsandbuildingremodelingwouldnotexposepeopleorstructurestodamagecausedby landslides. Theproposedprojectsiteandsurroundingareasareflat, reducingthepotentialforonsite landslidestooccur. Therefore, noimpactsrelatedtolandslidesareanticipated. b) ResultinsubstantialsoilerosionortheTossoftopsoil? LessThanSignificantImpact. Substantialsoilerosionorlossoftopsoilwouldnotoccurontheproposed projectsite. Thesiteiscurrentlydevelopedwithparkinglotsand43,500squarefeetofbuildingspace. The onlyunpavedareasarestripsoflandscapingandfourlandscapedislandsintheparkinglot. Thereareno areasofexposedtopsoil. Theproposedsitemodificationsandbuildingremodelingwouldincreasethe amountoflandscapingintheparkinglot. Structuralchangeswouldbemadetothebuildings. The modificationswouldnotcreatenewareasofexposedtopsoil, andsoilerosionwouldnotoccur. During construction, portionsoftopsoilonthesitemaybeexposed. However, theamountofsoilexposedduring theconstructionphasewouldnotbelargerthananacre (andthereforewouldnotrequireaStormwater PollutionPreventionPlan) andtotalexposurewouldbetemporary. Theproposedprojectwouldnotcause anysubstantialsoilerosionandimpactswouldbelessthansignificant. c) Belocatedonageologicunitorsoilthatisunstable, orthatwouldbecomeunstableasaresultof theproject, andpotentiallyresultinon- oroff-sitelandslide, lateralspreading, subsidence, liquefaction, orcollapse? LessThanSignificantImpact. Theproposedprojectsiteisnotonanunstablegeologicunitorsoilbase. ThesiteisunderlainwithHolocenealluvium, depositedbetween1,000and10,000yearsago (Cityof Anaheim2004). Theflatterrain, previousdevelopment, andcompactingoftheprojectsitereducesthe potentialforlandslides, lateralspreading, orcollapsetooccur. AsidentifiedinSection3.7(c)(iii), thesiteis notsusceptibletoliquefaction. Subsidencewouldoccurwhenlargeamountsofgroundwaterpumpingor mineralextractionwouldcausealoweringofelevation. Therearenooilorgaswellsorwaterwellswithinthe vicinityoftheprojectsite, andriskofsubsidenceislow (CityofAnaheim2004). Therefore, nosignificant geologicimpactsareanticipated. Page46 ThePlanningCenter June2010 3. EnvironmentalAnalysis d) Belocatedonexpansivesoil, asdefinedinTable18 -1 -BoftheUniformBuildingCode (1994), creatingsubstantialriskstolifeorproperty? LessThanSignificantImpact. Expansivesoilsaredefinedassoilswithclayparticlesthatreacttochanges inmoisturecontentbyshrinkingwhenconditionsaredryandexpandingwhenconditionsarewet. The shrinkingandexpansionofthesesoilscancausesubstantialdamagetobuildingfoundationsand infrastructure. Theprojectsiteisunderlainwithalluviumdeposits, whicharetypicallygravel, silt, sand, and clay. Morespecifically, thesesoilsareHuenemefinesandyloamanddrainedandMetzloamysand (USDA 1978). Theyaredescribedasnonplastic, meaningtheywouldnotbeexpansive (USDA1978). Priorsite developmentandcompactionalsoreducetheriskforsoilexpansion. Therefore, impactsrelatedtosoil expansionwouldbelessthansignificant. e) Havesoilsincapableofadequatelysupportingtheuseofseptictanksoralternativewastewater disposalsystemswheresewersarenotavailableforthedisposalofwastewater? NoImpact. Theproposedprojectwouldnotrequiretheuseofseptictanksoralternativewastewater systems. Therefore, nosoilimpactsrelatedtoseptictankswouldoccur. 3.7 GREENHOUSEGASEMISSIONS Thissectionanalyzestheproject'scontributiontoglobalclimatechangeimpactsinCaliforniathroughan analysisofprojectrelatedgreenhousegas (GHG) emissions. TheprimaryGHGofconcerniscarbondioxide 002), whichconstitutesthemajority (greaterthan99percent) ofprojectrelatedemissions. Pursuantto Section15064.4, DeterminingtheSignificanceofImpactsfromGreenhouseGasEmissions, oftheCEQA Guidelines, aleadagencymustconsiderthefollowingwhenassessingthesignificanceofimpactsfromGHG emissionsontheenvironment: Theextenttowhichtheprojectmayincrease (orreduce) GHGemissionsascomparedtothe existingenvironmentalsetting; Whethertheprojectemissionsexceedathresholdofsignificancethattheleadagencydetermines appliestotheproject; Theextenttowhichtheprojectcomplieswithregulationsorrequirementsadoptedtoimplementan adoptedstatewide, regional, orlocalplanforthereductionormitigationofGHGemissions) InaccordancewiththeCEQAGuidelines, GHGemissionswerecalculatedforconstructionandoperationof theproject. Informationonmanufactureofcement, steel, andother "life- cycle" emissionsthatwouldoccur asaresultoftheprojectisnotavailableandisnotincludedintheanalysis.' Abackgrounddiscussiononthe regulatorysetting, methodology, andmodelingcanbefoundinAppendixAtothisInitialStudy. Aplanmustbeadoptedthroughapublicreviewprocessandincludespecificrequirementsthatreduceormitigate theproject'sincrementalcontributionofGHGemissions. Ifthereissubstantialevidencethatthepossibleeffectsofa particularprojectarestillcumulativelyconsiderable, notwithstandingcompliancewiththeadoptedregulationsor requirements, anEIRmustbepreparedfortheproject. 2 LifecycleemissionsaretheGHGemissionsfromrawmaterialproduction, manufacture, distribution, use, and disposalandincludeallinterveningtransportationemissionscausedbytheproduct'sexistence. Becausethe amountofmaterialsconsumedduringtheoperationorconstructionoverthelifetimeoftheprojectisnotknown, the originoftherawmaterialspurchasedisnotknown, andmanufacturinginformationforthoserawmaterialsisalsonot known, calculationofIifecycleemissionswouldbespeculative. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page47 3. EnvironmentalAnalysis a) Generategreenhousegasemissions, eitherdirectlyorindirectly, thatmayhaveasignificant impactontheenvironment? LessThanSignificantImpact. Globalclimatechangeisnotconfinedtoaparticularprojectareaandis generallyacceptedastheconsequenceofglobalindustrializationoverthelast200years. Atypicalproject, evenaverylargeonedoesnotgenerateenoughgreenhousegasemissionsonitsowntoinfluenceglobal climatechangesignificantly; hence, theissueofglobalclimatechangeis, bydefinition, acumulative environmentalimpact. TheStateofCalifornia, throughitsgovernoranditslegislature, hasestablisheda comprehensiveframeworkforthesubstantialreductionofGHGemissionsoverthenext40 -plusyears. This willoccurprimarilythroughtheimplementationofAssemblyBill (AB32) andSenateBill (SB375), whichwill addressGHGemissionsonastatewidecumulativebasis. InaccordancewiththeGovernor'sOfficeofPlanningandResearch (OPR) TechnicalAdvisoryandtheCEQA Guidelines, theanalysisbelowprovidestheconclusionsontheproject- specificimpacttowardsthe cumulativeimpactofglobalclimatechange. TheTechnicalAdvisoryacknowledges, however, thatinthe absenceofformallyadoptedsignificancethresholdsformeasuringGHGemissions, localagencieswillhave tomakesignificancedeterminationsonaproject -by- projectbasis, focusingonwhethertheGHGemissions fromaprojecthavethepotentialtohaveasignificantimpactonclimatechange. AnnualGHGemissions fromprojectrelatedmobileandstationarysourcesandforproject- relatedindirectemissionsfrompurchased energywerecalculatedforconstructionandoperationoftheprojectandevaluatedforthepotentialto substantiallycontributetoGHGemissionsinCalifornia. Construction ConstructionactivitieswouldconsumefuelandresultinthegenerationofGHGemissions. Theprojectwould generateapproximately92metrictons (MTons) ofGHGemissionsin2010. GHGemissionsgeneratedby constructionactivitieswouldceaseuponcompletionoftheconstructionphaseoftheproject (approximately fourtosixmonths) andwouldthereforebeasmallfractionoftotalproject- relatedemissionswhen consideringthelongevityofoperationemissionsassociatedwiththeproject. Furthermore, becausethe projectwouldnotexceedtheregionalthresholdsforcriteriapollutantsestablishedbySCAQMD, GHG emissionsarenotlikelytobeconsideredsubstantialenoughtoresultinasignificantcumulativeimpact relativetoconstructionactivities. Consequently, theprojectwouldnotsignificantlycontributetothe cumulativeimpactofglobalclimatechangeduringconstructionactivities. Operation OperationemissionsassociatedwiththeproposedprojectwouldincludeGHGemissionsfrom transportation, energy, wasteuseandtreatment, wastedisposal, andareasources. GHGemissionsfrom electricityuseareindirectGHGemissionsfromtheenergy (purchasedenergy) thatisproducedoffsite. Area sourcesareownedorcontrolledbytheproject (e.g., naturalgascombustion, boilers, andfurnaces) and producedonsite. TheprojectislocatedwithinTheAnaheimResort, approximatelyonemilesoutheastofthe DisneylandResort. AccordingtothetrafficstudypreparedbyKunzmanAssociates, Inc., approximately20 percentofthepatronswouldarrivebywalking, 15percentwouldarrivebybus (transitbusortourbus); 10 percentwouldarrivebyhotelshuttles; and55percentwouldarrivebypassengervehicle. TheBattleofthe Dancedinnertheaterwouldhaveaseatingcapacityof950seats, 70employees, andhostuptothreeshows perday. Theproposedprojectwouldresultinamaximumof645averagedailypassengervehicleweekday tripsandamaximumof1,043averagedailypassengervehicleweekendtrips. Tripsgeneratedbyshuttle busesandtransitareassumedtobeexistingtripsandthereforearenotincludedaspartoftheemissions inventoryfortheproject. Table5showstheGHGemissionsthatwouldbegeneratedfromtheoperational phaseoftheproject. Page48 ThePlanningCenter June2010 Source GHGEmissions MTons/Year PercentofTotal Transportation'1,492 79% Electricity PurchasedEnergy 247 13% WaterDemandandTreatment'12 1% TotalEnergy 259 14% WasteandRecycling'83 4% AreaSources'58 3% TotalallSectors 1,892 100% 1 1 a 1 1 1 1 1 1 Table5 Project- GeneratedGHGEmissions, OperationalPhase 3. EnvironmentalAnalysis Source: URBEMIS2007, Version9.2.4. 1shortton (Ton) equals0.9071847 Notes: URBEMIS2007, Version9.2.4. AssumesCOrepresents99.6percentoftotalCOemissionsfromgasolinewhileCH4, N20, andfluorinatedgases comprisetheremainingpercentBAAQMD2008). Basedonweekendevents. Becausetherearefewerweekdayevents, theGHGemissions inventoryprovidesaconservativeinventoryfortheproject. 2COcalculatedusingenergyusagefactorsandemissionratesfromtheUnitedStatesDepartmentofEnergy, EIA, 2003Commercial BuildingEnergyConsumption, December2006, TableC14; andEIA, UpdatedState -andRegional -LevelGreenhouseGasEmissionFactorsfor Electricity, May2002. 3CO2eemissionsfromtheenergyintensityofwaterarebasedontheCEC'sCalifornia'sWaterEnergyRelationship (2005) of12,700Kwh /MGfor SouthemCalifornia. 4COemissionsfromwastegenerationarebasedontheWasteReductionModel (WARM) createdbytheUSEPAandtheCalRecycle'sCalifomia 2008StatewideWasteCharacterizationStudy. 5AssumesCO2represents99.6percentoftotalGHGemissionsfromgasolinewhileCHNandfluorinatedgasescomprisetheremainingpercent BAAQMD2008). Asshowninthetable, theprojectwouldgenerateapproximately1,892MTonsofGHGperyear, or1.9 MTonsperservicepopulation. ThetotalGHGemissionsonsitefromtheprojectwouldbenominal. As describedabove, becausetheprojectcaterstovacationerswithinTheAnaheimResortdistrict, only55 percentofthepatronsofthedinnertheaterwouldarriveviapassengervehicle. Theremainderofpatrons wouldarrivebyhotel- providedshuttlebuses, transit, orwalking. Inaddition, becausetheprojectwouldnot exceedtheregionalemissionsthresholdsforcriteriapollutantsestablishedbySCAQMD, GHGemissionsare nottobeconsideredsubstantialenoughtoresultinasignificantcumulativeimpactrelativetoGHG emissionsandclimatechangeimpacts. Therefore, theproject'scumulativecontributiontoGHGemissionsis Tessthansignificant. Nomitigationmeasuresarenecessary. b) Conflictwithanapplicableplan, policyorregulationadoptedforthepurposeofreducingthe emissionsofgreenhousegases? LessThanSignificantImpact. TheCaliforniaAirResourcesBoard (CARB) adoptedtheScopingPlanon December11, 2008. TheScopingPlanisCalifornia'sGHGreductionstrategytoachievethestate'sGHG emissionsreductiontargetestablishedbyAssemblyBill (AB) 32, whichis1990levelsbyyear2020. StatewidestrategiestoreduceGHGemissionsincludetheLowCarbonFuelStandard (LCFS), California ApplianceEnergyEfficiencyregulations, CaliforniaRenewableEnergyPortfoliostandard, changesinthe corporateaveragefueleconomy (CAFE) standards, andotherearlyactionmeasureswouldensurethestate isontargettoachievetheGHGemissionsreductiongoalsofAB32. Theproject'sGHGemissionswouldbe furtherreducedfromcompliancewiththesestatewidemeasures. 3Servicepopulationisapercapitametricthatincludestotalemployeesandspectators. Forthepurposeofthis assessment, servicepopulationisbasedonatotalof950seatsand70employees. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page49 Source M GHGEmissions MTons/Year PPercentofTotal Transportation' 11,325 779% Electricity PurchasedEnergy 221 13% WaterDemandandTreatment' 1 3. EnvironmentalAnalysis ThestateofCaliforniarecentlyadoptedthe2008BuildingandEnergyEfficiencyStandards, whichbecame effectiveonJanuary1, 2010. Becausetheprojectwouldbeconstructedafterthisdate, itwouldbe constructedtoachievetheseenergyefficiencystandards, whichrequire15percentmoreenergyefficiency thanthe2005BuildingandEnergyEfficiencyStandards. Inaddition, CARBandtheUnitedStates EnvironmentalProtectionAgency (USEPA) haveadoptednewfuelefficiencystandardsformodelyears2012 through2016. TheScopingPlanalsocallsformorestringentfuelefficiencystandardsmodelyears2016 through2020underPavleyII. Furthermore, asdescribedabove, only55percentofthepatronsofthedinner theaterwouldarriveviapassengervehicle. Theremainderofpatronswouldarrivebyhotelprovidedshuttle buses, transit, orwalking. Table6isayear2020emissionsinventoryoftheprojectwithScopingPlan emission, whichisapproximately11percentlesswithreductionsassociatedwiththeScopingPlan. The proposedprojectwouldnothavethepotentialtointerferewiththeStateofCalifornia'sabilitytoachieveGHG reductiongoalsandstrategies. Table6 Project- GeneratedGHGEmissions, OperationalPhasewithScopingPlan Source: URBEMIS2007, Version9.2.4. 1shortton (Ton) equals0.9071847metricton (MTon) Notes: 1Assumesa42.8percentincreaseinfuelefficiencyinpassengervehiclesfrom2009to2020intheCARB2008TechnicalAdvisory. Pavley2would requireanaveragefleetfueleconomyofnewcarsof43mpgby2020comparedtoanexistingaverageof24.4mpg. BasedonEMFACfleetmix 1976through2020andanaveragefuelefficiencyacrossallmodelyearsof24.0mpgcomparedto21.6mpgwithoutPavley (or11.2% increasein fuelefficiency). 2Assumesanincreaseinrenewableenergyproductionof21percent. Existingrenewableenergyproductioniscurrently12percentofthestatewide energysupply, andtheGARBScopingPlangoalis33percent. 3Assumesanincreasein15percentenergyefficiencyfromthe2005to2008BuildingandEnergyEfficiencyStandards (Title24, CalifomiaBuilding Code). Assumesa20percentdecreaseinper- capitawateruseinaccordancewiththestatewideDraft20X2020WaterConservationPlan. 3.8 HAZARDSANDHAZARDOUSMATERIALS a) Createasignificanthazardtothepublicortheenvironmentthroughtheroutinetransport, useor disposalofhazardousmaterials? LessThanSignificantImpact. Theproposedprojectwouldnotinvolvetheroutinetransport, use, or disposal' ofhazardousmaterials. Theprojectsitecontainstwoadjoinedvacantcommercialbuildings, surroundedbyapavedparkinglot. TheprevioususeoftheadjoinedbuildingswasaToys "R" Us, whichdid notinvolvetheuseofhazardousmaterialsthatwouldcontaminatethesite. 4CaliforniaBuildingStandardsCommission. 2008, July17, CaliforniaAdoptsNation'sFirstStatewideGreenBuilding Code. Page50 ThePlanningCenter June2010 1 1 1 1 1 1 Operation Theproposeduseofthesite, adinnertheater, wouldrequireminimaluseofpotentiallyhazardousmaterials, suchascleaningsolutionsandsolvents, pesticides, andpaints. Theseproductswouldbesimilartotypical commercialandresidentialproductsandtheirusewouldbeforintendedpurposes, reducinganypotential impactstolevelsthatarelessthansignificant. Construction 3. EnvironmentalAnalysis Remodelingoftheexistingbuildingswouldrequirepartialdemolitionofthesmallerofthetwobuildings. This buildingmaycontainlead -basedpaint (LBP) and /orasbestoscontainingmaterial (ACM), bothofwhichare hazardousmaterials. Duringpartialremovalofthebuilding, LBPandACMsmayneedtobetransportedfrom theprojectsitetoadisposalsite. Priortodemolition, thebuildingwouldbeassessedforthepresenceofLBP andACM. RemovalofACMswouldcomplywithstateregulations, includingSCAQMDRule1403. Rule1403 specifiesworkpracticerequirementstolimitasbestosemissionsfrombuildingdemolitionactivities, including theremovalandassociateddisturbanceofACM. Therequirementsfordemolitionactivitiesincludeasbestos surveying, notification, ACMremovalproceduresandtimeschedules, ACMhandlingandcleanup procedures, andstorage, disposal, andlandfillingrequirementsforasbestos- containingwastematerials. RemovalofLBP, shoulditbefoundinthebuilding, wouldcomplywithOSHARule29CFRPart1926. The OSHAruleestablishesstandardsforoccupationalhealthandenvironmentalcontrolsforleadexposure. The standardalsoincludesrequirementsaddressingexposureassessment, methodsofcompliance, respiratory protection, protectiveclothingandequipment, hygienefacilitiesandpractices, medicalsurveillance, medical removalprotection, employeeinformationandtraining, signs, recordkeeping, andobservationand monitoring. Because29CFRPart1926isanexistingfederallaw, complianceismandatory. Furthermore, Title17, CCR, Division1, Chapter8, identifiesproceduresforaccreditation, certification, andworkpractices forLBPandleadhazards. Theremodelingoftheexistingbuildingsandoperationoftheproposeddinnertheaterwouldnotcausethe routinetransport, use, ordisposalofhazardousmaterials. Operationaluseoftheproposedprojectwould requireuseofsolutionsandsolventstypicalofcommercialandresidentialuse. Constructionactivitieswould becompletedincompliancewithstateandfederalregulationsforASMandLBP, reducingpotentialimpacts tolevelsthatarelessthansignificant. Operationalandconstructionactivityimpactsarelessthansignificant andnoadditionalanalysisisneeded. b) Createasignificanthazardtothepublicortheenvironmentthroughreasonablyforeseeableupset andaccidentconditionsinvolvingthereleaseofhazardousmaterialsintotheenvironment? LessThanSignificantImpact. Theproposedprojectwouldnotcausesignificanthazardsrelatedtoupsetor accidentconditionsresultinginthereleaseofhazardousmaterials. Operationoftheproposedprojectwould requireminimaluseofpotentiallyhazardousmaterials, suchascleaningsolutionsandsolvents, pesticides, andpaints. Theseproductswouldbeusedastheyareintendedandthequantitiesusedwouldbesmall. Theirpotentialforthecreationofasignificantpublichazardthroughtheiraccidentalreleaseislow. Constructionactivitiesduringtheremodelingoftheexistingbuildingswouldrequirethepartialdemolitionof thesmallerofthetwobuildings. ThisbuildingmaycontainLBPandACMandthedemolitionofthisbuilding maycauseareleaseofthesehazardousmaterials. AsstatedaboveinSection3.8(a), demolitionofbuildings withLBPandACMmustfollowstateandfederalregulations (SCAQMD'sRule4013andOSHARule29CFR Part1926). Intheeventthatthebuildingcontainseitherofthesematerials, thepotentialforhazardstooccur duringanaccidentalreleasewouldbelowwithcompliancewiththeseregulations. Operationaland BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page51 3. EnvironmentalAnalysis constructionactivitieswouldcauseTessthansignificanthazardousmaterialsimpactsandnoadditional analysisisrequired. c) Emithazardousemissionsorhandlehazardousoracutelyhazardousmaterials, substances, or wastewithinonequartermileofanexistingorproposedschool? LessThanSignificantImpact. Significantlyhazardousmaterials, includinghazardousemissionsand acutelyhazardousmaterials, substances, orwaste, wouldnotbeemittedwithinaquartermileofanexisting orproposedschoolbytheproposedproject. Theprojectsiteiswithinaquartermileoftwoexistingschools, ParkviewElementarySchoolat12272WilkenWay (0.15miletothenorthwest) andEarlWarrenElementary Schoolat12871EstockDrive (0.25miletothesoutheast) (GoogleMaps2010). Operationoftheproposed projectwouldnotrequiretheemission, usetransport, ordisposalofhazardousmaterialsotherthantheuse oftypicalsolutionssuchascleaners, pesticides, andpaints. Remodelingoftheexistingbuildingswould requirethepartialdemolitionofthesmallerofthetwobuildings, whichmaycontainLBPorACM. Asstated aboveinSection3.8(a), demolitionofbuildingswithLBPandACMmustfollowstateandfederalregulations SCAQMD'sRule4013andOSHARule29CFRPart1926). Intheeventthatthebuildingcontainseitherof thesematerials, thepotentialfortheexposureofschoolcampusestothesehazardousmaterialswouldbe lowwithcompliancewiththeseregulations. Projectrelatedhazardousmaterialsimpactstoschoolswithina quartermileoftheprojectsitewouldbelessthansignificantandnoadditionalanalysisisneeded. d) Belocatedonasitewhichisincludedonalistofhazardousmaterialssitescompiledpursuantto GovernmentcodeSection65962.5and, asaresult, woulditcreateasignificanthazardtothe publicortheenvironment? NoImpact. Theproposedprojectsiteisnotincludedonalistofhazardousmaterials. Theprojectsitewas usedforcommercialretailpurposesanditisnowvacant. Asearchofhazardouswastedatabasesdidnot identifythesitehazardousmaterialslists (GeoTracker2008; USEPA2009a; USEPA2009b). Atirefacilityat 2201SouthHarborBoulevardwasincludedonboththeFacilityRegistrySystem (FRS) andtheResource ConservationandRecoveryAct (RCRAInfo) databases. Thisistheclosestfacilitytotheproposedprojectsite tobeidentifiedonahazardousmaterialslist. Theproposedprojectwouldnotbeimplementedonasitethat isidentifiedasahazardousmaterialssite, anditwouldnotputthepublicorenvironmentatrisk. Therefore, noimpactsrelatedtohazardousmaterialsareanticipated. e) Foraprojectlocatedwithinanairportlanduseplan (LosAlamitosArmedForcesReserveCenter orFullertonMunicipalAirport), wouldtheprojectresultinasafetyhazardforpeopleresidingor workingintheprojectarea? NoImpact. Theproposedprojectsiteisnotwithinanairportlanduseplananditisnotwithintwomilesofa publicuseairport. ThenearestpublicuseairportsareJohnWayneAirportinSantaAna, approximatelyeight milessoutheastoftheprojectsiteandtheFullertonMunicipalAirport, approximatelysixmilesnorthwestof theprojectsiteinFullerton. Nosafetyhazardsforpeopleresidingorworkingintheareawouldoccurasa resultoftheproposedprojectandnoimpactswouldoccur. f) Foraprojectwithinthevicinityofaprivateairstrip, wouldtheprojectresultinasafetyhazardfor peopleresidingorworkingintheprojectarea? NoImpact. Theproposedprojectisnotinthevicinityofaprivateuseairstrip. ThenearestairstripistheLos AlamitosArmyAir. Field, inLosAlamitos, approximatelysevenmilestothewestoftheprojectsite (AirNav 2010). Therefore, theproposedprojectwouldnotplacepeopleresidingorworkingintheprojectareaatrisk tohazardsrelatedtoprivateairstripsandnoimpactswouldoccur. Page52 ThePlanningCenter June2010 3. EnvironmentalAnalysis g) Impairimplementationoforphysicallyinterferewithanadoptedemergencyresponseplanor emergencyevacuationplan? LessThanSignificantImpact. Noemergencyresponseorevacuationplanswouldbeaffectedbythe implementationoftheproposedproject. Sincetheprojectsiteisunused, therearecurrentlynoevacuation plansfortheexistingbuildings. Aspartoftheprojectapprovalprocess, thefinalsiteplanwouldbereviewed bytheCityofAnaheimFireDepartmentforapprovalofemergencyaccess. Theapprovaloftheproposed projectisdependentonthefiredepartment'sreviewofthesiteplan. Asthisisarequiredprocessforall constructionintheCity, impactswouldbelessthansignificantandnoadditionalanalysisisneeded. h) ExposepeopleorstructurestoasignificantriskofToss, injuryordeathinvolvingwildlandfires, includingwherewildlandsareadjacenttourbanizedareasorwhereresidencesareintermixed withwildlands? NoImpact. Theproposedprojectsiteisinaheavilyurbanizedareaandisnotpronetowildlandfires. The CaliforniaDepartmentofForestryandFireProtection (CALFIRE) breaksdownfireseverityzonesintolocal responsibilityareas (LRA) andstateresponsibilityareas (SRA). LRAsaregovernedbylocalgovernment, and SRAsaregovernedbystategovernment. ThefirehazardseverityzonesforbothLRAsandSRAsinclude moderate, high, andveryhighriskzones. PortionsofAnaheimareinLRAsasdefinedbyCALFIRE. The easternportionoftheCityofAnaheim, wheretheCityabutstheClevelandNationalForestandChinoHills, is identifiedashavingmoderate, high, andveryhighfirehazardseverityzones (CALFIRE2007b). Thearea adjacenttotheCityontheeastisalsoinanSRAwithaveryhighfirehazardseverityzoneCALFIRE2007a). Sincetheprojectsiteisnotinafirehazardseverityzoneandissurroundedbyurbandevelopment, therisk ofwildlandfiresoccurringonthesiteisverylow. Therefore, peopleandstructureswouldnotbeexposedto wildlandfirehazardsandnoimpactswouldoccur. 3.9 HYDROLOGYANDWATERQUALITY a) Violateanywaterqualitystandardsorwastedischargerequirements? LessThanSignificantImpactWithMitigationIncorporated. UndertheCountyofOrangeNational PollutionDischargeEliminationSystem (NPDES) permitissuedbytheSantaAnaRegion (SARWQCB), for stormwaterdischargesfrommunicipalseparatestormsewersystems (MS4), theCityofAnaheimisrequired toensurethatdischargesfromitsmunicipalstormdrainsystemsdonotcauseorcontributetoexceedances ofreceivingwaterqualitystandards (designatedbeneficialusesandwaterqualityobjectives) forsurface watersorgroundwater. AWaterQualityManagementPlan (WQMP) mustbepreparedforanyprojectthatinvolves "significant redevelopment" (OrangeCountyPublicWorks2009). Significantredevelopmentisdefinedasprojectsthat includetheadditionorreplacementof5,000squarefeetormoreofimpervioussurfaceonadevelopedsite. Theprojectsiteisalmostentirelyimpervious. Astheyarecurrentlyproposed, themodificationstothe parkinglotandexistingbuildingsarenotexpectedtodisturbmorethan5,000squarefeetofimpervious surface. ItdoesnottripthetriggerinChapter7ofOrangeCounty'sDrainageAreaManagementPlantobe considereda "PriorityProject." Therefore, itwouldnotrequiredevelopmentofaWQMP, asitdoesnot proposetoremoveandreplacemorethan5,000squarefeetofimpervioussurface. However, if, insteadof overlayingtheparkingtotwithnewasphaltorsimilarmaintenance, theprojectscopechangestoinclude rehabilitationorexpansionoftheparkinglotorotherimpervioussurfaces (morethan5,000squarefeet), then theprojectwillbecomea "PriorityProject" andwillneedto.developaWQMP (seeMitigationMeasure2 below). BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page53 3. EnvironmentalAnalysis CoverageundertheGeneralPermitforDischargesofStormWaterAssociatedwithConstructionActivityis requiredforprojectsthatdisturboneacreormoreofsoil (ConstructionGeneralPermit99- 08 -DWQ, SARWQCB2009). Theproposedsitemodificationswouldnotdisturbmorethananacreofsoil, anda SWPPPwouldnotbeneededtoshowcompliancewiththegeneralpermit. ThefollowingmitigationmeasurehasbeenaddedtomeetconditionsofapprovaloftheCityregardingthe needforaWQMP. Intheeventthattheprojectdisturbsmorethan5,000squarefeetofimpervioussurface, therequirementsofthismitigationmeasuremustbefollowed. Withmitigation, projectrelatedwaterquality impactswouldbelessthansignificantandnofurtheranalysisisrequired. MitigationMeasure 2. Priortositeconstruction, theamountoftotalimpervioussurfacesquarefootagedisturbancemust bedeterminedbythepropertyowner /developer. Intheeventthatconstructionactivitiesdisturb morethan5,000squarefeetofimpervioussurface, orthatanyothercriteriarequiringtheneedfora WQMParemetasdetailedinSectionXII.B. ofthecurrentSantaAnaRegionalWaterQualityControl BoardNationalPollutantDischargeEliminationSystemMS4Permit (OrderNo. R8- 20090030), a WQMPmustbeprepared. Thewaterqualitymanagementplan (WQMP) mustidentifyaprogramfor theimplementationofspecificstructuralandnonstructuralBMPstoaddresswaterqualityissuesso thatpredictablerunoffiscontrolled. TheWQMPwillidentifythelocationandtypeofstructuralBMPs that "infiltrate, filter, ortreat" eitherthevolumeorflowrateofstormwaterrunoff. Afinaldetailedsite planandWQMPmustbeapprovedbytheCityEngineer. b) Substantiallydepletegroundwatersuppliesorinterferesubstantiallywithgroundwaterrecharge suchthattherewouldbeanetdeficitinaquifervolumeoraloweringofthelocalgroundwater tablelevel (e.g., theproductionrateofpre- existingnearbywellswoulddroptoalevelwhichwould notsupportexistinglandusesorplannedusesforwhichpermitshavebeengranted)? LessThanSignificantImpact. Theproposedprojectwouldnotlowergroundwaterlevelsthroughthe depletionofgroundwatersuppliesorbychanginggroundwaterrechargeonsite. Asdescribedinsection 3.17(d) ofthisIS /MND, implementationoftheproposedprojectwoulduseapproximately10.7acre -feet 3,484;260gallonsperyear) ofwaterperyearoftheCity'stotalwatersupply. Approximatelytwothirdsofthis watercomesfromtheOrangeCountyGroundwaterBasin, andtheremainderisimportedthroughthe MetropolitanWaterDistrictofSouthernCalifornia (CityofAnaheim2009). Sincethesiteisdeveloped, the City'sUrbanWaterManagementPlan (UWMP) hasanticipateduseofthesiteforcommercialpurposesand demonstratedthatadequatesuppliesexisttoservetheproject. Therefore, theprojectwouldnotcreate demandsontheCity'swatersupplythatcouldresultinimpactstothelocalgroundwatertable. Localrechargerateswouldincreaseaspartoftheproposedproject. Thesiteisalmostentirelyimpervious withtheexceptionoffourplantingsonthewesternportionoftheparkinglot. Themajorityofprecipitation flowsofftheprojectsiteanddoesnotdrainintotheground. Theimplementationoftheproposedproject wouldincludemorelandscapingintheparkinglotandallowforgreaterinfiltrationofrainwaterintothe groundwatertable. Therefore, nosignificantimpactstogroundwatersuppliesareanticipated. c) Substantiallyaltertheexistingdrainagepatternofthesiteorarea, includingthroughthealteration ofthecourseofastreamorriver, inamannerwhichwouldresultinasubstantialerosionor siltationon- oroff -site. NoImpact. Nochangestothedrainagepatternoftheprojectsitewilloccurwiththeimplementationofthe proposedproject. Theprojectsiteiscurrentlydevelopedwithaparkinglotandtwovacantcommercial Page54 ThePlanningCenter June2010 3. EnvironmentalAnalysis buildings. Stormwaterrunoffdrainsfromthepavedparkinglottothesurroundingstreetsanddriveways. Therearenoopenareaswithnaturalvegetationorexposedsoilandnodrainagecoursessuchasriversor streamsonorneartheprojectsite. Therefore, theproposedprojectwouldnotalteranyexistingriversor streamsoralterthedrainagepatternofthearea. d) Substantiallyaltertheexistingdrainagepatternofthesiteorarea, includingthroughthealteration ofthecourseofastreamorriver, orsubstantiallyincreasetherateoramountofsurfacerunoffin amannerwhichwouldresultinfloodingon- oroff-site? NoImpact. Nochangestothedrainagepatternoftheprojectsitewilloccurwiththeimplementationofthe proposedproject. Theprojectsiteiscurrentlydevelopedwithaparkinglotandtwovacantcommercial buildings. Stormwaterrunoffdrainsfromthepavedparkinglottothesurroundingstreetsanddriveways. Therearenoopenareaswithnaturalvegetationorexposedsoilandnodrainagecoursessuchasriversor streamsonorneartheprojectsite. Therefore, theproposedprojectwouldnotalteranyexistingriversor streamsorsubstantiallyincreaseexistingrunoff. e), Createorcontributerunoffwaterwhichwouldexceedthecapacityofexistingorplannedstorm waterdrainagesystemsorprovidesubstantialadditionalsourcesofpollutedrunoff? LessthanSignificantImpact. Theproposedprojectsiteiscurrentlydevelopedwithtwoadjoinedbuildings andaparkinglot. Moststormwaterrunoffsheet -flowsacrosstheprojectsite. Stormwaterthatentersthe surroundingstreetsdrainsfromtheprojectsitetothesouthandthenwest, eventuallyreachingtheEast GardenGroveWintersburgChannel (OCFCD2004). Theproposedsitemodificationswouldslightlydecrease theamountofimpervioussurfacebyincreasingtheamountoflandscapingontheprojectsite. Stormwater flowwouldremainthesameordecreasewiththeadditionofnewlandscapingislandsonthesite. Since stormwaterfromtheprojectsiteisalreadyenteringtheexistingstormwatersystemandtheproposedsite modificationswouldnotsignificantlyaltersitedrainage, theexistingstormwatersystemwouldbecapableof handlingtherunofffromthesiteandnosignificantimpactsareanticipated. f) Otherwisesubstantiallydegradewaterquality? NoImpact. Waterqualitywouldnototherwisebedegradedasaresultoftheproposedproject. Underthe CountyofOrangeNPDESpermitissuedbytheSARWQCB, forstormwaterdischargesfrommunicipal separatestormsewersystems (MS4), theCityofAnaheimisrequiredtoensurethatdischargesfromits municipalstormdrainsystemsdonotcauseorcontributetoexceedancesofreceivingwaterquality standards (designatedbeneficialusesandwaterqualityobjectives) forsurfacewatersorgroundwater. Therefore, noadditionalimpactstowaterqualitywouldoccurasaresultoftheproposedproject. g) Placehousingwithina100 -yearfloodhazardareaasmappedonafederalFloodHazardBoundary orFloodInsuranceRateMaporotherfloodhazarddelineationmap? NoImpact. Theprojectsiteisnotlocatedina100 -yearfloodzone, andnohousingwouldbeplacedonthe projectsite. AccordingtotheFederalEmergencyManagementAct's (FEMA) FloodInsuranceRateMaps FIRM), theprojectsiteisinthe "0.2percentAnnualChanceFloodHazardZone," whichisthesameasthe 500 -yearfloodhazardzonedesignation (FEMA2010). Theproposedprojectwouldnotincludehousingand itwouldnotplacedevelopmentwithina100 -yearfloodhazardzone. Therefore, noimpactsrelatedtoflood hazardsareanticipated. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page55 3. EnvironmentalAnalysis h) Placewithina100 -yearfloodhazardareastructureswhichwouldimpedeorredirectfloodflows? NoImpact. Theproposedprojectwouldnotplacestructuresina100 -yearfloodhazardzone. Accordingto theFEMAFIRMs, theprojectsiteisinthe "0.2percentAnnualChanceFloodHazardZone," whichisthe sameasthe500 -yearfloodhazardzonedesignation (FEMA2010). Theproposedprojectwouldnotinclude thedevelopmentofnewstructures, anditwouldnotcauseredirectionoffloodflowsin100 -yearfloodhazard zones. Therefore, noimpactsareanticipated. i) Exposepeopleorstructurestoasignificantriskofloss, injuryordeathinvolvingflooding, includingfloodingasaresultofthefailureofaleveeordam? LessThanSignificantImpact. ThewesternhalfoftheCityofAnaheim, includingtheprojectsite, iswithin thefloodzoneofthePradoDam (CityofAnaheim2004). PradoDamisapproximately17milesnortheastof theprojectsitenearthecitiesofChino, Norco, andCoronainRiversideCounty. FailureofthePradoDam wouldcausefloodingattheprojectsite. TheCityhasincludedanumberofpoliciesinitsgeneralplanto reducetheimpactsoffloodinghazards. Thesepoliciesinclude: Evaluatealldevelopmentproposalslocatedinareasthataresubjecttofloodingtominimizethe exposureoflifeandpropertytopotentialfloodrisks (SafetyElement, Policy3.1 -1). Provideappropriatelanduseregulationsandsitedevelopmentstandardsforareassubjectto flooding (SafetyElement, Policy3.1 -2). Encouragenewdevelopmenttomaintainandenhanceexistingnaturalstreams, asfeasible (Safety Element, Policy3.1 -3). ContinuetoparticipateintheNationalFloodInsuranceProgram (SafetyElement, Policy3.1 -4). ContinuetocomplywiththeCobeyAlquistFloodplainManagementActrequirementsandStateof CaliforniaModelOrdinance (SafetyElement, Policy3.1 -5). ContinuetoworkwiththeOrangeCounty. FloodControlDistrictandtheUnitedStatesArmyCorpsof Engineerstoreceiveandimplementupdatedfloodcontrolmeasuresandinformation (Safety Element, Policy3.1 -6). UtilizefloodcontrolmethodsthatareconsistentwithRegionalWaterQualityControlBoardPolicies andBestManagementPractices (BMPs) (SafetyElement, Policy3.1 -7). ConstructionintheCityofAnaheimmustalsocomplywithChapter17.28 (FloodHazardReduction) ofthe City'sMunicipalCode, whichcontainsregulationsfordevelopmentwithinfloodinghazardareasintheCity CityofAnaheimMunicipalCodeTitle17, LandDevelopmentandResources, Chapter17.28, FloodHazard Reduction). CompliancewiththeCity'sgeneralplanpoliciesanddevelopmentregulationsinthemunicipalcodewould reducefloodhazardimpactsduetodamfailuretolevelsthatarelessthansignificant. Noadditionalanalysis onfloodinghazardsisnecessary. Page56 ThePlanningCenter June2010 i)Inundationbyseiche, tsunami, ormudflow? 3. Environmental Analysis LessThanSignificantImpact. Aseicheisasurfacewavecreatedwhenabodyofwaterisshaken, usually byearthquakeactivity. Seichesareofconcernrelativetowaterstoragefacilitiesbecauseinundationfroma seichecanoccurifthewaveoverflowsacontainmentwall, suchasthewallofareservoir, waterstoragetank, dam, orotherartificialbodyofwater. TheCityofAnaheimGeneralPlanidentifiestheWalnutCanyon Reservoirtobepotentiallysusceptibletocrackduringrelativelystronggroundshakingandseismicactivity. TheproposedprojectsiteisnotwithinthefloodhazardzoneoftheWalnutCanyonDam (CityofAnaheim 2004). Inaddition, thepoliciesofthegeneralplananddevelopmentrestrictionsdescribedaboveinsection 3.9(i) reducepotentialfloodingimpactstolevelsthatarelessthansignificant. Tsunamisarelargeoceanwavescreatedbyanoffshoreseismicevent. TheCaliforniaDepartmentof Conservation (CDC) hasmappedthetsunamihazardareasalongthecoastofCalifornia. TheCityof Anaheimisnotcloseenoughtothecoasttoexperiencerisksrelatedtotsunamis (CDC2009). Therefore, no impactsrelatedtotsunamiswouldoccur. Mudflowscanbecomehazardswhendevelopedareasareadjacenttoslopedterrainwithexposedsoil. Heavyrainsmaycausethesoiltoflowintothedevelopedareas, causingdamagetopropertyandriskingthe livesofresidents. Theprojectareaisinanurbanized, flatarea, wheretherearenoadjacentareasofopen spaceandlittlepotentialformudflows. Therefore, noimpactsrelatedtomudflowswouldoccurandno additionalanalysisisrequired. k) Substantiallydegradewaterqualitybydischargewhichaffectsthebeneficialuses (i.e., swimming, fishing, etc.) ofthereceivingwaters? NoImpact. Waterqualitydegradationthatwouldaffectdownstreambeneficialuseswouldnotoccurasa resultoftheproposedproject. UndertheCountyofOrangeNationalPollutionDischargeEliminationSystem NPDES) permitissuedbytheSantaAnaRegion (SARWQCB), forstormwaterdischargesfrommunicipal separatestormsewersystems (MS4), theCityofAnaheimisrequiredtoensurethatdischargesfromits municipalstormdrainsystemsdonotcauseorcontributetoexceedancesofreceivingwaterquality standards (designatedbeneficialusesandwaterqualityobjectives) forsurfacewatersorgroundwater. Therefore, noadditionalimpactstowaterqualitywouldoccurasaresultoftheproposedproject. 3.10 LANDUSEANDPLANNING a) Physicallydivideanestablishedcommunity? NoImpact. Theproposedprojectwouldnotphysicallydivideanestablishedcommunity. Theprojectsiteis designatedasCommercialRecreationintheAnaheimGeneralPlanandisoccupiedbyavacantcommercial building. Ingeneral, landusesintheareaarecommercial, service, andretail- oriented, andincludehotels, restaurants, andretailcenters. ThesetypesoflandusesareallconsistentwiththeARSP, whichsupports thesetypesofresort- andtourism- orienteduses. Lowmediumdensityresidentiallanduses, consistingof twotownhomecommunities, surroundthesiteontheeastandsoutheast. Theproposedprojectwouldbe consistentwiththedevelopmentobjectivesoftheARSPanditwouldbedesignedtobecompatiblewiththe surroundinglanduses. Therefore, nolanduseimpactsrelatedtoestablishedcommunitieswouldoccur. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page57 3. EnvironmentalAnalysis b) Conflictwithanyapplicablelanduseplan, policy, orregulationofanagencywithjurisdictionover theproject (including, butnotlimitedtothegeneralplan, specificplan, localcoastalprogram, or zoningordinance) adoptedforthepurposeofavoidingormitigatinganenvironmentaleffect? NoImpact. TheproposedprojectsiteisintheARSP (No. 92 -2), whichcoversapproximately580acres between1 -5. andWalnutStreet, includingtheAnaheimConventionCenter (CityofAnaheim2009). The southernportionofthespecificplancoverscommercialandhotelbusinessesalongHarborBoulevard, includingtheproposedprojectsiteAllareasunderthespecificplanarezonedasARSP. Underthiszoning, theprojectsiteiscategorizedas "CR CommercialRecreationDistrict," whichpermitsadinnertheaterby conditionalusepermitandtheexpansionofnonconformingusesand /orstructuresthatbringstheuse and /orstructureintogreaterconformitywiththeintentoftheARSP. TheAnaheimGeneralPlanlandusedesignationforthesiteisCommercialRecreation. Theproposedproject wouldbeconsistentwiththislandusedesignation. Therefore, nolanduseimpactstoplans, policies, orregulationsofagencieswithjurisdictionovertheproject sitewouldoccur. c) Conflictwithanyapplicablehabitatconservationplanornaturalcommunityconservationplan? NoImpact. TheproposedprojectwouldnotconflictwiththeprovisionsofanadoptedHCPorNCCP. A portionofeasternAnaheimliesintheOrangeCountyCentral -CoastSubregionalNCCP /HCP (Cityof Anaheim2004). Thishabitatconservationplanwasdevelopedin1996toprotect37,378acresofhabitatand 39specialstatusspeciesincentralOrangeCounty (USFWS2008). Theproposedprojectsitedoesnotlie withinthisNCCP /HCP. Therefore, theproposedprojectwouldnotimpactanyadoptedhabitatconservation plansornaturalcommunityconservationplans. 3.11 MINERALRESOURCES a) Resultinthelossofavailabilityofaknownmineralresourcethatwouldbeavaluetotheregion andtheresidentsofthestate? NoImpact. TheCaliforniaGeologicalSurveymapsareaswithknownmineralresourceavailabilityaspartof theMineralResourcesProject. ThiswascreatedafterthepassageoftheSurfaceMiningandReclamation Actof1975toidentifyandpreventthedevelopmentofareaswithvaluablemineralresources (CDC2010b). Theproposedprojectsiteisnotidentifiedasamineralresourcezone (CityofAnaheim2004). Areasin AnaheimwithknownmineralresourcesaregenerallyeastoftheprojectsitealongtheSantaAnaRiver (City ofAnaheim2004). Theproposedprojectwouldnotresultinthelossofaknownmineralresource, andno impactstomineralresourcesofregionalorstatewideimportancewouldoccur. b) Resultinthelossofavailabilityofalocallyimportantmineralresourcerecoverysitedelineatedon alocalgeneralplan, specificplanorotherlanduseplan? NoImpact. Asstatedin3.11 (a), therearenoidentifiedmineralresourcezonesonoraroundtheprojectsite. TheCityhasmineralresourcesgenerallyalongtheSantaAnaRiver, totheeastoftheprojectsite. The proposedprojectwouldnotresultinthelossofaknownmineralresource, andnoimpactstomineral resourcesoflocalimportancewouldoccur. Page58 ThePlanningCenter June2010 1 1 1 3.12 NOISE ExistingNoiseEnvironment 3. EnvironmentalAnalysis Noiseisdefinedasunwantedsound, andisknowntohaveseveraladverseeffectsonpeople, including hearingloss, speechandsleepinterference, physiologicalresponses, andannoyance. Basedonthese knownadverseeffectsofnoise, thefederalgovernment, theStateofCalifornia, andtheCityofAnaheim, undertheCityofAnaheimMunicipalCodeandGeneralPlan, haveestablishedcriteriatoprotectpublic healthandsafetyandtopreventdisruptionofcertainhumanactivities. Characterizationofnoiseand vibration, existingregulations, andcalculationsforconstructionnoiseandvibrationlevelscanbefoundin AppendixCtothisInitialStudy. TerminologyandNoiseDescriptors Thefollowingarebriefdefinitionsofterminologyusedinthischapter: Noise. Soundthatisloud, unpleasant, unexpected, orotherwiseundesirable. Decibel (dB). Aunitlessmeasureofsoundonalogarithmicscale. A- WeightedDecibel (dBA). Anoverallfrequency- weightedsoundlevelindecibelsthat approximatesthefrequencyresponseofthehumanear. EquivalentContinuousNoiseLevel (LThemeanofthenoiselevelaveragedoverthe measurementperiod, regardedasanaveragelevel. Day -NightLevel (LTheenergyaverageoftheA- weightedsoundlevelsoccurringduringa 24 -hourperiod, with10dBaddedtothesoundlevelsoccurringduringtheperiodfrom10:00PMto 7:00AM. CommunityNoiseEquivalentLevel (CNEL). TheenergyaverageoftheA- weightedsoundlevels occurringduringa24 -hourperiodwith5dBaddedtothesoundlevelsoccurringduringtheperiod from7:00PMto10:00PMand10dBaddedtothesoundlevelsoccurringduringtheperiodfrom 10:00PMto7:00AM. LandCNELvaluesrarelydifferbymorethan1dB. Asamatterofpractice, LandCNELvaluesare consideredtobeequivalentandaretreatedassuchinthisassessment. TheprojectsiteislocatedinacommercialareaofAnaheimknownasTheAnaheimResort. Ingeneral, existingsourcesofnoiseinthevicinityoftheprojectsiteincludenoisefromtrafficonthelocalroadway networkandstationarysourcesofnoiseassociatedwithcommercial /retaillandusesandtheDisneyland Resort, locatedonemilenorthofthesite. Toassessthepotentialformobile- sourcenoiseimpacts, itis necessarytodeterminethenoisecurrentlygeneratedbyvehiclestravelingthroughtheprojectarea. Noise modelingwasconductedusingtheFederalHighwayAdministration's (FHWA) HighwayTrafficNoise PredictionModel. ExistingtrafficnoisewasbasedonthetrafficvolumesprovidedbyKunzmanAssociates, Inc. (2010). Theresultsofthismodelingindicatethataveragenoiselevelsalongroadwayscurrentlyrange fromapproximately57dBAto75dBACNELascalculatedatadistanceof50feetfromthecenterlineofthe road. NoiselevelsforexistingconditionsalonganalyzedroadwaysarepresentedinTable7. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page59 3. EnvironmentalAnalysis e/oHarborBoulevard w/oHarborBoulevard e/oHarborBoulevard w/oHarborBoulevard w/oHarborBoulevard btwnOrangewoodAvenueandWilkenWay 71.2 74.5 e/oHarborBoulevard e/oHarborBoulevard n/oOrangewoodAvenue btwnWilkenWayandHotelWay btwnHotelWayandChapmanAvenue Methodology Noise RoadwaySegment Table7 ExistingTrafficNoiseModeling, 24 -Hour Friday 74.2 74.3 AverageDailyNoiseLevels dBACNEL) Saturday 56.5 57.1 62.1 72.4 72.7 74.0 73.9 74.1 s/oChapmanAvenue 73.9 73.4 Source: FHWAHighwayNoisePredictionModelAveragedailytrafficvolumesandspeedlimitsbasedoninformationobtainedfromtheTrafficAnalysis preparedbyKunzmanAssociates. n /o: northof; s /o: southof; e/o: eastof; w /o: westof; btwn: between Basedonadistanceof50feetfromthecenterlineoftheroadway. TheanalysisofnoiseimpactsconsidersprojectconstructionandoperationnoiseasdefinedbytheCityof Anaheim (forstationaryandconstructionnoiseimpacts) andtheFederalTransitAdministration (FTA) methodology (forconstructionvibrationimpacts). Theproposedprojectwouldhaveasignificantadverse noiseorgroundbornevibrationimpactsiftheprojectresultsinanyofthefollowing: Project- relatedconstructionactivitiesoccurringoutsideofthehoursspecified (7:00AMand7:00 PM) underCityMunicipalCode (Chapter6.70). Operation- relatedstationarysourceswouldgeneratingnoiselevelsthatexceedtheCityofAnaheim exteriornoisestandardof60dBAforextendedperiodsoftime. Forasubstantialincreaseinambienttrafficnoiselevels, basedonlandusecompatibilitychartfor thecommunitynoiseoftheStateofCalifornia, projectrelatedmobilesourceswouldcausean audiblechangeinnoiselevels. Aminimum3dBchangeinnoiselevelsisnecessaryforhuman hearingtodiscernachange. ProjectrelatedmobilesourcenoisewouldincreasetheCNELatany noisesensitivereceptorbyanaudibleamountof3dBAormorewhentheCNELis60dBorgreater atresidentialareas. Page60 ThePlanningCenter June2010 1 1 1 1 1 1 1 1 GroundborneVibration 3. EnvironmentalAnalysis Constructionactivitiesresultinvibrationlevelsof78VdBatvibration- sensitiveuses, whichisthe vibrationlevelthatisbarelyperceptiblebasedontheFTAvibrationcriteriaduringthedaytime. Constructionactivitiesgeneratevibrationthatisstrongenoughtocausevibrationinducedstructural damagebasedontheFTA, whichis0.2in /secfortypicalwoodframedbuildingsand0.5in /secfor reinforcedconcrete, steel, ortimberbuildings. a) Exposureofpersonstoorgenerationofnoiselevelsinexcessofstandardsestablishedinthe localgeneralplanornoiseordinance, orapplicablestandardsofotheragencies? LessThanSignificantImpactWithMitigationIncorporated. Theproposedprojectentailstheconstruction andoperationofadinnertheater. Thefollowingdescribesprojectrelatedimpactsfromshort -term constructionactivitiesandlong -termoperationofthisfacility. Mobile- SourceNoiseImpacts TheprojectislocatedwithintheAnaheimResortarea, approximatelyonemilesoutheastofDisneyland. AccordingtothetrafficstudypreparedbyKunzmanAssociates, Inc., approximately20percentofthe proposedprojectpatronswouldarrivebywalking, 15percentbybus (transitbusortourbus); 10percentby hotelshuttles; and55percentbypassengervehicle. TheBattleoftheDancedinnertheaterwouldhavea seatingcapacityof950seats, 70employees, andhostuptothreeshowsperday onweekendsandone showperdayonweekdays. Theproposedprojectwouldresultinamaximumof645averagedailyand144 peakhourpassengervehicleweekdaytrips (Friday) andamaximumof1,043averagedailyand200peak hourpassengervehicleweekendtrips (Saturday). Table8showsthetrafficnoiselevelsgenerated onthe surroundingroadwaysonaweekdayandweekend. Asshown, thedifferenceintrafficnoisefromtheexistingconditionsistheincreaseinnoiseattributabletoprojectrelatedtrafficatbuildout. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page61 3. EnvironmentalAnalysis WeekdayNoiseLevels (dBACNEL)' Existing Future With Project Increase 71.2 71.2 58.9 62.4 62.4 73.7 73.7 73.5 73.5 74.2 74.3 0.1 74.8 74.9 0.1 74.3 74.4 0.1 73.9 73.9 0 Existing raare 69.2 69.3 Future With Project 57.1 72.4 72.7 74.0 74.5 73.9 74.1 73.4 69.2 69.4 56.5 56.5 58.9 57.1 72.5 72.8 74.5 74.5 74.1 74.5 73.9 74.1 73.4 RoadwaySegment 11700100 'Aar: e/oHarborBoulevard w/oHarborBoulevard ffi'Afti e/oHarborBoulevard w/oHarborBoulevard e/oHarborBoulevard e/oHarborBoulevard w/oHarborBoulevard Table8 TrafficNoiseModeling WeekendNoiseLevels (dBACNEL)' Increase 0 0.1 0.1 0.1 s. 0.1 0 0 0 0 n/oOrangewoodAvenue btwnOrangewoodAvenueandWilkenWay btwnWilkenandHotelWay btwnHotelWayandChapmanAvenue s/oChapmanAvenue Source: FHWAHighwayNoisePredictionModelAveragedailytrafficvolumesandspeedlimitsbasedoninformationobtainedfromtheTrafficAnalysis preparedbyKunzmanAssociates. n /o: northof; s /o: southof; e/o: eastof; w /o: westof; btwn: between 1Basedonadistanceof50feetfromthecenterlineoftheroadway. Project- relatednoiseimpactsmayoccuriftherearesubstantialnoiseincreases +3dBormore) in comparisontoWithoutProjectconditionswhenCNELis60dBAorgreaterinthevicinityofnoise- sensitive landuses. Project- relatedtrafficwouldresultinamaximumnoiseincreaseof0.1dBACNELonOrangewood AvenuewestofHarborBoulevard (weekdayandweekends), ChapmanAvenueonweekends, andHarbor BoulevardnorthofOrangewoodAvenueonweekends, andHarborBoulevardbetweenOrangewoodAvenue andChapmanAvenueonweekdays. Consequently, trafficnoisewouldnotbesubstantial, andexposure of personstonoiselevelsinexcessofestablishedthresholdsfromprojectrelatedvehicle noisewouldbeless thansignificant. Nomitigationmeasuresarenecessary. Stationary- SourceNoiseImpacts Operationalnonvehicularnoisesourcesattheprojectsiteincludemechanicalequipment andparkinglot noise. Inaddition, interiornoisegeneratedbyaudioequipmentinthedinnertheaterhasthepotentialto affecttheexteriornoiseenvironmentifnotproperlydesigned. Noisesensitiveareasincludethemultifamily residencesborderingthesitetothesouthandsoutheast. MechanicalEquipment Heating, ventilation, andairconditioning (HVAC) systemsandothermechanicalsystems wouldbeinstalled tocomplywiththeCity'smunicipalcoderegulatingnoise. Typicalnoiselevels fromHVACequipmentcan rangefrom29to68dBALatadistanceof25feet (SSAAcoustics. 2009). Theadjacentnoise- sensitiveland Page62 ThePlanningCenter June2010 ParkingLot 3. EnvironmentalAnalysis usesarelocatedaminimumof50feetfromthebuildingtothesouthand200feetfromthebuildingtothe east. Consequently, HVACequipmentwouldbeselectedbasedonitssoundpower (Lratingtoensurethat noiselevelswouldnotexceed60dBALatadjacentlanduses. Useofsuchequipmentwouldnot substantiallyelevateaveragedaytimenoiselevelsinthevicinityoftheprojectsite, andnoiseimpactswould belessthansignificant. Nomitigationmeasuresarenecessary. Priortoandafterdinnertheaterperformances, hotelshuttlebuseswouldlineupintheloading /unloading laneattheentrancearea. Shuttlebusescangeneratenoiselevelsofupto68dBAatadistanceof50feet FHWA1998). However, shuttlebusesattheprojectsitearesubjecttoCARBRuleSection2485, which prohibitscommercialmotorvehiclesfromidlingtheirprimarydieselenginesformorethanfiveminutesat anylocation. WithcomplianceofCARBRule2485, idlingfromshuttlebusesassociatedwiththeproject wouldbeextremelylimited (MitigationMeasure5). Inaddition, shuttlebuseswouldcongregateinthefrontof thebuilding, adjacenttothewesternpropertylineandawayfromresidentstothesoutheastandeast. Thereforenoiseassociatedwithshuttlebusidlingislessthansignificant. NoiseassociatedwithparkingTotsincludescarhorns, noisefrombrakesandtires, automaticlockbeeps, alarms, radios, doorslams, andconversationsbetweenpeopleusingtheparkinglot. Additionally, noise levelslevelsingressandegressthroughtheparkinglotwouldalsocontributetothegeneralparkinglotnoise environment. AccordingtotheCityofAnaheimMunicipalCode, Chapter4.18, Amusementand EntertainmentPremises RestaurantsandBars, apermitisrequiredforoperationoftheproject. TheCity requiresasecurityplanforcontrolofpedestrianandvehiculartrafficandaplanforcontrolofnoiseaffecting nearbyresidences (MitigationMeasure6). Withadherencetothesecurityplantocontrolvehicularand pedestriantrafficenteringandexitingthedinnertheater, parkinglotnoisewouldbeminimized. Consequently, impactswouldbeTessthansignificant. DinnerTheater Thedinnertheaterwouldincludeliveentertainment /music, withseatingfor950patrons. Thedinnertheater wouldhostoneshowonweekdaysanduptothreeshowsperdayonweekends. Showswouldstart betweenthehoursof1:00PMand8:00PMandlastapproximately1.5hours. Therefore, thelastshowwould endby9:30PM. Noisegeneratedwithinthedinnertheaterasaresultofliveentertainment /musichasthe potentialtogeneratesubstantiallevelsofnoisethatcanbeaudibleoutsidethebuilding. Inaddition, patrons intheparkinglothavethepotentialtogeneratenoise (e.g., talking, vehicleidling, etc.) intheeveninghours, whentheambientnoiseenvironmentislow. Averageinteriornoiselevelsinentertainmentvenuesrangefrom84to97dBAL (LawrenceandTurrentine 2008). Ifthedoorsareopen, outdoornoiselevelscanbeashighas85dBALHowever, thedinnertheater wouldbelocatedattherearofthebuilding. Thefoyerofthebuildingseparatesthedinnertheaterfromthe entryarea. ThefrontentrywaydoorsfaceHarborBoulevardandnottheadjacentnoisesensitivelanduses. Consequently, thebuildingiscurrentlydesignedtominimizenoiseintrusionstotheadjacentneighborhood. However, emergencyexitsarelocatedattherearofthebuilding. Thesedoorswouldneedtoremainclosed topreventnoiseintrusion. Inaddition, thesedoorswouldneedtobesoundinsulatedtoreduceinterior exteriornoisetransmission. Chapter6.70, SoundPressureLevels, oftheCityofAnaheimMunicipalCode requiresthatnoisegeneratedforextendedperiodsoftimefromthepremisesnotexceed60dBALatthe propertyylineoftheaffectedresidences. MitigationMeasures3and4wouldensurethatarchitecturalfeatures toreducenoiseareincorporatedintotheprojectdesignandthatemergencyexitsremainclosedduringthe dinnertheatershowstominimizenoiseintrusionintotheadjacentresidentialneighborhoods. Basedonnoiselevelsfromamedium -dutytruck. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page63 3. EnvironmentalAnalysis MitigationMeasures 3. Thepropertyowner /developershalldesignthebuildingtoreducenoiseintrusionto60dBALor lessatthepropertyTinetothesatisfactionoftheCityofAnaheim. Emergencydoorsatthebuilding exteriorshallbedouble- insulatedtopreventinterior- exteriornoisetransmission. Thesedesign featuresshallbenotedonallbuildingplans. 4. ThemanageroftheBattleoftheDanceshallensurethatemergencydoorslocatedattherearofthe buildingarekeptclosedatalltimesduringtheoperationofthedinnertheater. 5 WithenforcementbytheCityofAnaheim, theonsitemanagershallmonitorshuttlebusidlingalong HarborBoulevardtoensuretheyarecompliantwithCARBRuleSection2485, whichprohibits commercialmotorvehiclesfromidlingtheirprimarydieselenginesformorethanfiveminutesatany location. Thepropertyowner /developershalldesignasecurityplanforcontrolofpedestrianandvehicular trafficandaplanforcontrolofnoiseaffectingnearbyresidences, asrequiredbyCityofAnaheim MunicipalCode, Chapter4.18, AmusementandEntertainmentPremises RestaurantsandBars. b) Exposureofpersonstoorgenerationofexcessivegroundbornevibrationorgroundbornenoise levels? LessThanSignificantImpact. Theproposedprojectwouldgeneratevibrationduringconstructionactivities fromuseofheavyconstructionequipment. Operationoftheprojectwouldnotgeneratesubstantiallevelsof vibrationduetothelackofvibration- generatingsourcesandthereforeisnotanalyzedbelow. Construction activitiescangeneratevaryingdegreesofgroundvibration, dependingontheconstructionprocedures, constructionequipmentusedandproximitytovibrationsensitiveuses. Operationofconstructionequipment generatesvibrationsthatspreadthroughthegroundanddiminishinamplitudewithdistancefromthe source. Vibrationistypicallynoticednearbywhenobjectsinabuildinggeneratenoisefromrattlingwindows orpictureframes. Itistypicallynotperceptibleoutdoors, and, therefore, impactsarebasedonthedistance tothenearestbuilding. Theeffectonbuildingsnearaconstructionsitevariesdependingonsoiltype, groundstrata, andreceptorbuildingconstruction. Thegenerationofvibrationcanrangefromnoperceptible effectsatthelowestvibrationlevels, tolowrumblingsoundsandperceptiblevibrationsatmoderatelevels, to slightdamageatthehighestlevels. Groundvibrationsfromconstructionactivitiesrarelyreachlevelsthatcan damagestructures, buttheycanachievetheaudibleandperceptiblerangesinbuildingsclosetoa constructionsite. Theclosestoffsitevibrationsensitivestructurestoconstructionactivityontheprojectsitearethemultifamily residencesapproximately50feetsouthand200feeteastofthedinnertheaterbuilding. Constructionrelated vibrationimpactsaredescribedbelow. Vibration- InducedStructuralDamageforNearestOffsiteStructure TheFTAhasestablishedvibrationlevelthresholdsthatwouldcausedamagetobuildingstructures. TheFTA criterionforvibrationinducedstructuraldamageis0.2inchpersecondforthepeakparticlevelocity (PPV) forwood- framedstructures. AsshowninTable9, projectconstructionactivitieswouldnotresultinPPVlevels thatexceedtheFTA'scriteriaforvibration- inducedstructuraldamage. Therefore, projectconstruction activitieswouldnotresultinasignificantvibrationimpact. Page64 ThePlanningCenter June2010 Location RMSVelocity (in /sec)' SignificanceThreshold in /sec) ExceedsSignificance Threshold? ResidentstotheSoutheast'0.003 0.2 No ResidentstotheEasi 0.001 0.2 No Location VibrationLevels (VdB) SignificanceThreshold VdB) ExceedsSignificance Threshold? ResidentstotheSoutheast 52 78 No ResidentstotheEast 40 78 No 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 VibrationAnnoyanceforNearestOffsiteResidence 3. EnvironmentalAnalysis Table9 VibrationSourceLevelsforConstructionEquipmentatNearestStructure, Structural DamageAssessment Source: BasedonmethodologyfromFTA2006. RMSvelocitycalculatedfromvibrationlevelusingthereferenceofonemicroinch /second. Notes: 1Vibrationlevelsfromthelistedoff-roadconstructionequipmentareequivalenttovibrationlevelsgeneratedbyasmallbulldozer. 2Atadistanceof50feetfromoff-roadconstructionequipmenttothenearestresidentialstructure. 3Atanaveragedistanceof200feet (centerofconstructionactivitiesonsitetonearestresidences). Table10liststhemaximumandaveragevibrationsourcelevelsforconstructionequipmentanticipatedtobe usedattheprojectsitetothenearestoffsitevibrationsensitivestructure. Maximumvibrationisbasedon constructionequipmentoperatingdirectlyadjacenttothepropertyline. However, constructionactivitiesare typicallydistributedthroughouttheprojectsite. Therefore, althoughthemaximumvibrationlevelsassociated withcertainconstructionactivitiescouldbeperceptibleincertaininstances, theirimpactwouldbelimited becausetheywouldn'toccurfrequentlythroughouttheday, wouldoccurinthedaytimewhenpeopleare leastsensitivetovibrationlevels, andwouldonlyoccurforaverylimiteddurationwhenequipmentwouldbe workingincloseproximity. Therefore, constructionvibrationisbasedonaveragevibrationlevels (levelsthat wouldbeexperiencedbysensitivereceptorsthemajorityofthetime) thatexceedtheFTA'sinfrequentevents criterionforresidentiallanduses. Table10 Source: BasedonmethodologyfromFTA2006. 1Vibrationlevelsfromthelistedoff-roadconstructionequipmentareequivalenttovibrationlevelsgeneratedbyasmallbulldozer. 2Atadistanceof50feetfromoff-roadconstructionequipmenttothenearestresidentialstructure. 3Atanaveragedistanceof200feet (centerofconstructionactivitiesonsitetonearestresidences). TheFTAcriteriaforperceptiblelevelsofvibrationduringthedaytimeis78vibrationvelocitydecibels (VdB) forresidentialuses. Whileconstructionequipmentcouldbeoperatingascloseas50feettothenearest residentialstructure, themajorityofheavyconstructionactivitieswouldbeoperatingatgreaterdistances 200feetorfarther). Inaddition, heavyconstructionequipmentwouldonlybeinoperationforashortperiod duringpavingactivities, especiallyinproximitytosensitiveuses. Averagevibrationlevelswouldnotexceed theFTAcriteriaforvibrationannoyance. Becauseprojectconstructionactivitieswouldnotgenerateaverage vibrationlevelsthatexceedtheFTA'svibrationannoyancethreshold, nosignificantvibrationimpactfrom exposureofpersonstoexcessivelevelsofvibrationwouldoccurduringprojectconstructionactivities. Therefore, projectdevelopmentimpactsrelatedtovibrationannoyancewouldbelessthansignificantandno mitigationisrequired. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page65 3. EnvironmentalAnalysis c) Asubstantialpermanentincreaseinambientnoiselevelsintheprojectvicinityabovelevels existingwithouttheproject? LessThanSignificantImpact. Asdescribedinsection3.12(a) above, increasesinnoiselevelsrelatedto theproposedprojectwouldnotsubstantiallyincreasetheexistingnoiseenvironment. Similarly, noisefrom projecttrafficalonglocalroadwayswouldnotsignificantlyincreasenoiselevelsintheprojectareaandwould likewisenotresultinasignificantimpact. Therefore, nomitigationmeasuresarenecessary. d) Asubstantialtemporaryorperiodicincreaseinambientnoiselevelsintheprojectvicinityabove levelsexistingwithouttheproject? LessThanSignificantImpactWithMitigationIncorporated. Noiselevelsassociatedwithconstruction activitieswouldbehigherthantheambientnoiselevelsintheprojectareatoday, butwouldsubsideonce constructionoftheproposedprojectiscompleted. ConstructionVehicles Thetransportofworkersandequipmenttotheconstructionsitewouldincrementallyincreasenoiselevels alongsiteaccessroadways. Eventhoughtherewouldbearelativelyhighsingle -eventnoiseexposure potentialwithpassingtrucks (amaximumnoiselevelof86dBAat50feet), theexpectednumberofworkers andtrucksisminimal (Caltrans1998). Thetrucktripswouldbespreadthroughouttheworkdayandwould primarilyoccurduringnonpeaktrafficperiods. Theexistingroadwayvolumeswithinthestudyarearange from33,000to39,000averagedailyvehiculartrips (Kunzman2010). Constructionworkerandvendortrips wouldbenegligiblecomparedtothevolumesoftrafficcurrentlygenerated. Therefore, theseimpactsareless thansignificantatnoisesensitivereceptorsalongtheconstructionroutes, andnomitigationmeasuresare required. ConstructionEquipment Noisegeneratedduringconstructionisbasedonthetypeofequipmentused, thelocationoftheequipment relativetosensitivereceptors, andthetiminganddurationofthenoisegeneratingactivities. Construction noiselevelsreportedinBoltetal. wereusedtoestimatefutureconstructionnoiselevelsfortheproposed project. Noiselevelsaretheaveragenoiselevelsforeachconstructionphase. Eachstageinvolvestheuseof differentkindsofconstructionequipmentandtherefore, hasitsowndistinctnoisecharacteristics. Thedominantnoisesourcefrommostconstructionequipmentistheengine, andnoiselevelsfrom constructionactivitiesaredominatedbytheloudestpieceofconstructionequipment. Noiselevelsfrom project- relatedconstructionactivitieswerecalculatedfromuseofallapplicableconstructionequipmentat thesametimeataveragedistances (centerofconstructionsitetonearestpropertylineofnearestnoise- sensitivereceptoroffsite) basedontheconstructionphaseandareshowninTable11. 6CaliforniaDepartmentofTransportation. 1998, October. TrafficNoiseAnalysisProtocol. Page66 ThePlanningCenter June2010 ConstructionPhase ResidencestotheSoutheast ResidencestotheEast GroundClearing/Demolition 84 72 BuildingConstruction 84 72 FinishingandSiteCleanup 89 77 1 1 1 1 1 1 1 1 1 1 1 Source: Bolt, BeranekandNewman1976, basedonanalysisforIndustrial, ParkingGarage, Religious, AmusementandRecreations, Store, Service Station. Averagenoiselevelsarebasedonthedistanceoftheproposedstructuretothepropertyline. Noiselevelsfromconstructionactivitiesdonottakeinto accountattenuationprovidedbyinterveningstructures. Thedominantnoisesourcefrommostconstructionequipmentistheengine, andnoiselevelsfrom constructionactivitiesaredominatedbytheloudestpieceofconstructionequipment. Noiselevelsfrom projectrelatedconstructionactivitieswerecalculatedfromuseofallapplicableconstructionequipmentat thesametimetothenearestresidentialpropertyline. Noiselevelsatresidentialpropertiestotheeastand southeastwouldrangefrom72to89dBALWhilethemagnitudeofnoiseisloudcomparedtotheambient noiseenvironment, constructionactivitieswouldfluctuatethroughouttheeight -hourworkdayasequipment wouldnotbeinuseatonelocationforanextendedperiodoftime. Furthermore, constructionactivitieswould complywiththeAnaheimMunicipalCodethatlimitsthehoursofconstructionfrom7:00AMto7:00PM. Overall, constructionactivitieswouldberestrictedtotheleastnoisesensitiveportionsoftheday, maximum noiselevelswouldbeinfrequentthroughouttheworkday, andconstructionnoisewouldconcludeoncethe exteriorbuildingmodificationsandparkinglotpavementarecompleted (approximatelyfourtosixmonths). Additionally, implementationofmitigationmeasureswouldfurtherreducenoiselevelsfromconstruction activities. Therefore, constructionrelatednoiseimpactsarelessthansignificantattheresidenceswith incorporationofthemitigationmeasuresbelow. MitigationMeasures Table11 AverageConstructionNoiseLevels dBALam 3. EnvironmentalAnalysis Constructionactivities, deliveries, andhaultrucksshallberestrictedtothedaytimehoursof7:00AM to7:00PM, MondaythroughSaturday, andatnotimeonSundayorafederalholidayforthe durationoftheconstructionperiod. 8. Priortothestartofandforthedurationofconstruction, thecontractorshallproperlymaintainand tuneallconstructionequipmentinaccordancewiththemanufacturer'srecommendationsto minimizenoiseemissions. 9. Priortouseofanyconstructionequipment, thecontractorshallfitallequipmentwithproperly operatingmufflers, airintakesilencers, andengineshroudsnolesseffectivethanasoriginally equippedbythemanufacturer. 10. Duringconstruction, theconstructioncontractorshallplacestationaryconstructionequipmentand materialdelivery (loading /unloading) areasaminimumof50feetfromadjacentresidentiallanduses. 11. Theconstructioncontractorshallpostasign, clearlyvisibleonsite, withacontactnameand telephonenumberofconstructioncontractortorespondintheeventofanoisecomplaint. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page67 3. EnvironmentalAnalysis e) Foraprojectlocatedwithinanairportlanduseplan (LosAlamitosArmedForcesReserveCenter orFullertonMunicipalAirport), wouldtheprojectexposepeopleresidingorworkingintheproject areatoexcessivenoiselevels? NoImpact. Theproposedprojectsiteisnotwithinanairportlanduseplananditisnotwithintwomilesofa publicuseairport. ThenearestpublicuseairportsareJohnWayneAirportinSantaAna, approximatelyeight milessoutheastoftheprojectsiteandtheFullertonMunicipalAirport, approximatelysixmilesnorthwestof theprojectsiteinFullerton. Therefore, theproposedprojectwouldnotexposepeopletoexcessivenoise levels, andnomitigationisrequired. f) Foraprojectwithinthevicinityofaprivateairstrip, wouldtheprojectexposepeopleresidingor workingintheprojectareatoexcessivenoiselevels? NoImpact. Theproposedprojectisnotinthevicinityofaprivateuseairstrip. ThenearestairstripistheLos AlamitosArmyAirField, inLosAlamitos, approximatelysevenmilestothewestoftheprojectsite (AirNav 2010). Therefore, theprojectwouldnotexposepeopletoexcessivenoiselevelsfromaprivateairport, and nomitigationmeasuresarenecessary. 3.13 POPULATIONANDHOUSING a) Inducesubstantialpopulationgrowthinanarea, eitherdirectly (forexample, byproposingnew homesandbusinesses) orindirectly (forexample, throughextensionofroadsorother infrastructure)? NoImpact. Substantialpopulationgrowthwouldnotbedirectlyorindirectlyinducedwiththe implementationoftheproposedproject. Populationgrowthiscausedwhendevelopmentbringsmore peopletoanareathrougheitherthedevelopmentofnewhousingornewemployment -basedbusinesses thatprovidenewjobsinanarea. Giventhescopeoftheprojectanditsprojectednumberofemployees (70), theproposedprojectwouldlikelynotincreasethepopulationinthearea. Itwouldincludesitemodifications andbuildingremodelingtosupportadinnertheaterthatcaterstoexistingresidentsandtourists. Itwouldnot includethedevelopmentofhousingand, atfullcapacity, itwouldemploy70peopleduringperformances. Thisnumberofemployeeswouldnotrequiretheconstructionofadditionalhousingintheprojectvicinityand wouldnotincreasethelocalpopulation. Therefore, substantialpopulationgrowthwouldnotoccurasaresult ofthisproject, andnoimpactswouldoccur. b) Displacesubstantialnumbersofexistinghousing, necessitatingtheconstructionofreplacement housingelsewhere? NoImpact. Theproposedprojectwouldnotdisplaceexistinghousingandwillnotrequiretheconstruction ofreplacementhousing. Theprojectsitecontainsvacantcommercialbuildingsandaparkinglot; itdoesnot containhousing. Therefore, implementationoftheproposedprojectwouldnotcauseimpactstoexisting housing. c) Displacesubstantialnumbersofpeople, necessitatingtheconstructionofreplacementhousing elsewhere? NoImpact. Implementationoftheproposedprojectwouldnotdisplacepeopleandwouldnotrequirethe constructionofreplacementhousing. Vacantcommercialbuildingsandaparkinglotoccupytheprojectsite; therearenopeoplelivingontheprojectsite. Therefore, peoplewouldnotbedisplacedasaresultofthe proposedproject, andnoimpactswouldoccur. Page68 ThePlanningCenter June2010 3.14 PUBLICSERVICES 3. EnvironmentalAnalysis Wouldtheprojectresultinsubstantialadversephysicalimpactsassociatedwiththeprovisionofnewor physicallyalteredgovernmentalfacilities, needforneworphysicallyalteredgovernmentalfacilities, the constructionofwhichcouldcausesignificantenvironmentalimpacts, inordertomaintainacceptableservice ratios, responsetimesorotherperformanceobjectivesforanyofthepublicservices: a) Fireprotection? LessThanSignificantImpact. Theproposedprojectwouldbringpeopletotheprojectsite, requiring additionalfireprotectionservices. TheprojectsiteisservedbyAnaheimFireDepartment (AFD). Theclosest firestationsareStationNo. 3, at1717SouthClementineAvenue, aboutamilenortheastofthesite, andthe DisneylandResortstation, inDowntownDisney, aboutamilenorthwestofthesite (CityofAnaheim2010a). Theproposedprojectwouldconvertavacantcommercialbuildingintoadinnertheater, withapproximately 950seats. Thiswouldbringmorepeopleintotheareaduringperformancesattheproposeddinnertheater. However, basedoncommentsfromtheAFD, theproposedprojectwouldnotberequiredtopayfireservice impactfeesbecauseitwouldnotaddsquarefootagetotheexistingstructures. Althoughtheproposed projectwouldbringadditionalpeopleintotheserviceareaofStationNo. 3andtheDisneylandResort Station, theAFDhasindicatedthatthisincreasewouldnotcausesignificantimpactstofireservices. b) Policeprotection? LessThanSignificantImpact. Theproposedprojectwouldincreasetheneedforpoliceprotectionservices intheCityofAnaheim. TheAnaheimPoliceDepartment (APD) hasfourpolicedistrictsintheCity. The projectsiteisinthesouthdistrict, whichcoversTheAnaheimResortareasouthofBallRoad, EastofEuclid Avenue, andwestoftheSantaAnaRiver. TheprojectsiteisservedbytheCity'sPoliceDepartment, withthe closeststationattheDisneylandResort (1520DisneylandDrive), aboutamilenorthoftheprojectsite (City ofAnaheim2004). Policeservicesmostlikelywouldbeneededonsiteifemergenciesoccurredduring performances. WiththeexceptionofmatineeperformancesonSundays, thefacilitywouldbeclosedduring theday. TheAPDreviewsandprovidessafetyrecommendationsforallnewcommercialdevelopmentsinthe City. TheyalsoparticipateintheStandardizedEmergencyManagementSystem (SEMS) withlocaland regionalpolicedepartmentstoensureadequatepoliceprotectionissuppliedduringeventsthatdemand extraresources (CityofAnaheim2004). Therefore, theproposedprojectwouldnothaveeventsthatdemand extraresources. Additionally, theproposedprojectwouldnotrequiretheconstructionofneworexpanded policefacilities. Asaresult, nosignificantimpactstopoliceservicesareanticipated. c) Schools? Noimpact. Theproposedprojectwouldnotincreasetheneedforschoolservices. Developmentprojects thatincludehousingandincreasethestudentpopulationinaschooldistrictincreasetheneedforschool services. Sincetheproposedprojectwouldconvertavacantcommercialbuildingintoadinnertheaterand doesnotincludehousing, itwouldnotincreasetheneedforschoolservices. Noimpactstoschoolservices wouldoccur, andnoadditionalanalysisisnecessary. d) Parks? Noimpact. Theproposedprojectwouldnotincreasetheneedforparkservices. Developmentprojectsthat includehousingandincreasethepopulationincreasetheneedforparkservices. Sincetheproposedproject wouldconvertavacantcommercialbuildingintoadinnertheateranddoesnotincludehousing, itwouldnot BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page69 3. EnvironmentalAnalysis increasetheneedforparkservices. Noimpactstoparkserviceswouldoccur, andnoadditionalanalysisis necessary. e) Otherpublicfacilities NoImpact. Theproposedprojectwouldnotincreasetheneedforpublicservices, suchaslibraries. Developmentprojectsthatincludehousingandincreasethepopulationincreasetheneedforlibrary services. Sincetheproposedprojectwouldconvertavacantcommercialbuildingintoadinnertheaterand doesnotincludehousing, itwouldnotincreasetheneedforlibraryservices. Noimpactstolibraryservices wouldoccur, andnoadditionalanalysisisnecessary. 115 RECREATION a) Wouldtheprojectincreasetheuseofexistingneighborhoodandregionalparksorother recreationalfacilities, suchthatsubstantialphysicaldeteriorationofthefacilitywouldoccurorbe accelerated? NoImpact. Theproposedprojectwouldnotincreasetheuseofexistingrecreationalfacilitiesandwouldnot causethedeteriorationofthesefacilities. Developmentprojectsthatincreasethelocalandregional populationcauseanincreaseintheuseofrecreationalfacilities. Theproposedprojectwouldnotincrease thelocalorregionalpopulationbecauseitdoesnotincludethedevelopmentofhousing. Theproposed conversionoftheexistingvacantbuildingsintoadinnertheaterwouldnotcausedeteriorationofexisting recreationalfacilities, andnoimpactswouldoccur. b) Doestheprojectincluderecreationalfacilitiesorrequiretheconstructionorexpansionof recreationalfacilities, whichmighthaveanadversephysicaleffectontheenvironment? NoImpact. Theproposedprojectwouldnotcreateaneedforexpansionoforconstructionofnew recreationalfacilities. Developmentprojectsthatincreasethelocalandregionalpopulationcreateaneedfor expandedornewrecreationalfacilities. Theproposedprojectwouldnotincreasethelocalorregional populationbecauseitdoesnotincludethedevelopmentofhousing. Theproposedconversionoftheexisting vacantbuildingsintoadinnertheaterwouldnotcreateaneedforexpansionoforconstructionofnew recreationalfacilities, andnoimpactswouldoccur. Page70 ThePlanningCenter June2010 LevelofService FinalV/CRatio Project- RelatedIncreaseinV/C C 0.7010.800 Equaltoorgreaterthan0.05 D 0.8010.900 Equaltoorgreaterthan0.03 E,F 0.900 Equaltoorgreaterthan0.01 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.16 TRANSPORTATION /TRAFFIC Atrafficimpactanalysis (TIA) waspreparedfortheproposedprojectbyKunzmanAssociatesandisincluded asAppendixDofthisIS /MND. TheanalysisoftheTIAhasbeenincorporatedintothissectionoftheIS /MND. ExistingConditions ExistingRoadwayNetwork ThetrafficstudyareashowninFigure9, TrafficStudyArea, encompassesthesurroundingstreetnetwork, includingHarborBoulevard, OrangewoodAvenue, WilkenWay, HotelWay, andChapmanAvenue: HarborBoulevard: Thisisanorth -to- south, six -laneroadwaywithapproximately33,800to42,300daily vehiclesonFridaysand30,000to39,000vehiclesonSaturdaysinthestudyarea. Itisclassifiedasamajor arterialintheCityofAnaheimGeneralPlanCirculationElement. OrangewoodAvenue: Thisisaneast -to -west, four -laneroadwaywithapproximately18,300to19,900daily vehiclesonFridaysand11,400to11,900vehiclesonSaturdaysinthestudyarea. Orangewoodhastwo laneswestofHarborBoulevardandfourlaneseastofHarborBoulevard. Itisclassifiedasasecondary arterialintheCityofAnaheimGeneralPlanCirculationElement. WilkenWay: Thisisaneast -to -west, two -laneundividedroadwaywithapproximately1,500to2,400daily vehiclesonFridaysand1,400to1,600vehiclesonSaturdaysinthestudyarea. Thisstreetisdesignatedas aninteriorstreet. HotelWay: Thisisaneast -to -west, four -laneroadwaywithapproximately2,400dailyvehiclesonFridaysand 5,000vehiclesonSaturdaysinthestudyarea. HotelWayisaprivatedrivewayintheCityofGardenGrove. ChapmanAvenue: Thisisaneast -to -west, four -laneroadwaywithapproximately31,200to32,200daily vehiclesonFridaysand24,100to25,900vehiclesonSaturdaysinthestudyarea. Itisclassifiedasaprimary arterialintheCityofAnaheimGeneralPlanCirculationElement. CityofAnaheimSignificanceThreshold TheCityofAnaheimhasestablishedthefollowingsignificantimpactthresholdbasedonlevelofservice LOS) standards. Asignificantimpactwouldoccurwhenaprojectincreasesthevolumetocapacityratioby 0.05ormoreatanintersectionwithanexistingLOSofC, by0.03ormoreatanintersectionwithanexisting LOSofD, orby0.01atanintersectionwithanexistingLOSofEorF (SeeTable12). Source: KunzmanAssociates. BattleoftheDanceDinnerTheaterInitialStudy Table12 CriteriaforSignificantTrafficImpacts. CityofAnaheim 3. EnvironmentalAnalysis CityofAnaheim Page71 Intersection'TrafficControl PeakHourLOS FridayEvening SaturdayEvening HarborBoulevardat TrafficSignal 4 1 OrangewoodAvenue TrafficSignal 0.618 -B 0.498 -A 2 WilkenWay TrafficSignal 0.396 -A 0.353 -A 4 HotelWay TrafficSignal 0.452 -A 0.372 -A 5 ChapmanAvenue TrafficSignal 0.640 -B 0.500 -A 3. EnvironmentalAnalysis ExistingTrafficConditions TheTIAassessedtheexistingtrafficconditionsbycompilingexistingLOSandaveragedailytrip (ADT) data. TheADTsforstudyroadwaysareshowninFigure10, ExistingFridayAverageDailyTrips, andFigure11, ExistingSaturdayAverageDailyTrips. TheLOSisbasedontheactualtrafficvolumeatspecifiedintersections comparedwiththecapacitiesofthoseintersections. TheexistingLOSforstudyareaintersectionsisbased onmanualFridayeveningpeakhourandSaturdayeveningpeakhourintersectionturningmovementcounts obtainedinMarch2010. ExistingLOSisshowninTable13, Figure12, ExistingFridayEveningPeakHour Trips, andFigure13, ExistingSaturdayEveningPeakHourTrips. Source: KunzmanAssociates2010. 1TheintersectionnumbercorrespondstothenumbersinFigure8. Table13 ExistingLevelsofServiceintheStudyArea ProjectGeneratedTraffic KunzmanAssociatesbasedprojectedtripgenerationontrafficcountstakeninMarch2010atMedieval TimesinBuenaPark, abusinesswithasimilarrestaurant /entertainmentuseBecauseoftheproject's locationandtypeofbusiness, modechoicereductionswereappliedtothetrafficgeneration. Onaverage, clientsarriveatvenuessimilartotheproposedprojectaccordingtothefollowingbreakdown: 20 -25percentbytourbuses (60passengersperbus) 30 -40percentbywalking, taxi, orshuttlesfromareahotels 35 -50percentbycar Toaccommodatethemodechoicereductions, aconservativereductionwasappliedtothetrafficgeneration. TheTIAassumesa20percentreductionduetowalking, a5percentreductionduetotransit, a10percent reductionduetotourbuses, anda10percentreductionduetoshuttles. Itisassumedthat55percentofthe clientswouldbearrivingbycar. TheassumedreductionsarebasedontheanalysisintheAnaheim GardenwalkSecondAddendumtothePointeAnaheimInitialStudyandMitigatedNegativeDeclaration, preparedbyBonTerraConsultinginMarch2006. Alternativemodesoftransportationarealsousedat MedievalTimes, butnottothedegreethattheyareanticipatedfortheuseattheproposedproject. Therefore, themodereductionsoftheAnaheimGardenwalkIS /MNDareusedforthisanalysis. Page72 ThePlanningCenter June2010 1 1 1 1 Source: KunzmanAssociates, Inc. 2010 BattleoftheDanceDinnerTheaterInitialStudy Oran:ewoodAvenue 2D n 4D v U 6D Hotel Way o4D 60 d 06D 6D 6D Site 3. EnvironmentalAnalysis WilkenWay 2U TrafficStudyArea ChapmanAvenue 4D n 4D Legend TrafficSignal 4 ThroughTravelLanes D Divided U Undivided NOTTOSCALE ThePlanningCenter Figure9 3. EnvironmentalAnalysis Thispageintentionallyleftblank. Page74 ThePlanningCenter June2010 Source: KunzmanAssociates, Inc. 2010 BattleoftheDanceDinnerTheaterInitialStudy ExistingFridayAverageDailyTrips 18,300 32,240 1,500 Hotel 0 36,670 Way 2,420 39,110 OrangewoodAvenue 19,850 42,310 Site 3. EnvironmentalAnalysis WilkenWay 2,410 37,600 ChapmanAvenue 31,160 33,830 Legend 33,830VehiclesPerDay (Rounded totheNearestTen) NOTTOSCALE ThePlanningCenter Figure10 3. EnvironmentalAnalysis Thispageintentionallyleftblank Page76 ThePlanningCenter June2010 Source: KunzmanAssociates, Inc. 2010 BattleoftheDanceDinnerTheaterInitialStudy ExistingSaturdayAverageDailyTrips 11,390 24,060 1,350 33,730 Hotel Way 4,960 35,160 OrangewoodAvenue 11,900 38,950 35,380 30,010 WilkenWay 1,610 Site 3. EnvironmentalAnalysis Cha. manAvenue 25,900 Legend 30,010VehiclesPerDay (Rounded totheNearestTen) NOTTOSCALE ThePlanningCenter Figure11 3. EnvironmentalAnalysis Thispageintentionallyleftblank. Page78 ThePlanningCenter June2010 1401-7 4 -8Z 4 4 4-29 4 1396v du.omab1*t-161eN 1734 e 44. Ip gy 16 oo-. N 71 mI 1 1"I N e1351 n1454 a1431 n1364 01455 1 1 1 1 1 1 1 1 1 1 1 1 Source: KunzmanAssociates, Inc. 2010 ExistingFridayEveningPeakHourTrips BattleoftheDanceDinnerTheaterInitialStudy 3. EnvironmentalAnalysis Oran: ewoodAvenue NOTTOSCALE ThePlanningCenter Figure12 3. EnvironmentalAnalysis Thispageintentionallyleftblank Page80 ThePlanningCenter June2010 1330v 1322v b4 1214 t4 1274v 28 3 svzs44144441144NI, to rp osti ID 1 I A953 1073 a1052 A1016 1 1 1 1 1 1 1 1 1 1 1 1 ExistingSaturdayEveningPeakHourTrips Source: KunzmanAssociates, Inc. 2010 BattleoftheDanceDinnerTheaterInitialStudy Hotel Way OranewoodAvenue WilkenWay Site 1 0 0 0 0 0 3. EnvironmentalAnalysis ChamanAvenue 1202 44- 4 164-4 569-^* 131-4, a-164E4-501 v4 A1017 NOTTOSCALE ThePlanningCenter Figure13 3. EnvironmentalAnalysis Thispageintentionallyleftblank. Page82 ThePlanningCenter June2010 TimePeriod TripGenerationRate PeakHourTrafficVolume Daily GenerationRate DailyTrafficVolume rtta000_Ot 0(1 'NI)A3,. ibk u PeakHourIn 0.11 102 PeakHourOut 0.17 159 1.23 1,127 Subtotal 0.28 261 ModeChoiceReduction WalkReduction (20 52 234 TransitReduction (5 13 59 TourBuses (10 26 117 Shuttles (10 26 117 Subtotal 117 527 FridayPMPeakHourTotal 144 NA FridayDailyTotal NA 645 O r I'- 4ato1{,[ ga`ooktro c r ayj y -3gy ffi4 r In 0.14 137 Out 0.24 227 2.00 1,898 Total 0.38 364 ModeChoiceReduction WalkReduction (20 72 380 TransitReduction (5 18 95 TourBuses (10 37 190 Shuttles (10 37 190 Subtotal 164 855 SaturdayPMPeakHourTotal 200 NA SaturdayDailyTotal NA 1,043 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AsshowninTable14, theproposedprojectwouldgenerate144tripsduringtheFridayeveningpeakhour, 200tripsduringtheSaturdayeveningpeakhour, 645dailytripsonFriday, and1,043dailytripsonSaturday. TheFridaydailyratesreflecttwoshowings (forweekdays) andtheSaturdaydailyratesreflectthree showings (forweekends) eventhoughtherewouldbeoneshowonFriday (andweeknights), twoon Saturdays, andthreeonSundays. Thisreflectsamoreoverallconservativeestimate. Source: KunzmanAssociates2010. Table14 Project- GeneratedTraffic 3. EnvironmentalAnalysis OpeningYearProjectTrafficContribution Theopeningyearfortheproposedprojectis2010. Tofindtheproject'scontributiontoopeningyeartraffic conditions, theproject- generatedLOSatareaintersectionsiscombinedwiththeexistingintersectionLOS. TheresultingservicelevelsarecomparedtotheCity'ssignificancethresholdstodeterminetheproject's impacts. ThestudyareaintersectionsareprojectedtooperateatLOS8orbetterduringtheFridayand SaturdayPMpeakhoursforopeningyear2010withprojectconditions. AsshowninTable15, theprojecttrafficcontributionwouldnotraisetheLOSatstudyareaintersectionsto levelsthatwouldbesignificant (seeTable12forAnaheim'ssignificancethresholds). BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page83 Intersection HarborBoulevard (NS) at:PeakHour Existing OpeningYear (2010) WithProject (withoutmitigation) Significant?V/C LOS V/C LOS V/CIncrease 1 OrangewoodAvenue (EW)Friday Saturday PM PM 0.498 0.618 B A 0.513 0.6311 B A 0.013 0.015 No No 2 WilkenWay (EW)FridayPM SaturdayPM 0.396 0.353 A A 0.405 0.361 A A 0.009 0.008 No No 4 HotelWay (EW)FridayPM SaturdayPM 0.452 0.372 A A 0.504 0.416 A A 0.052 0.044 No No 5 ChapmanAvenue (EW)FridayPM SaturdayPM 0.640 0.500 B A 0.649 0.510 B A 0.009 0.010 No No 3. EnvironmentalAnalysis Table15 OpeningYear (2010) withProjectTrafficContribution Source: KunzmanAssociates2010. AllintersectionswouldoperateatLOSAwithandwithouttheprojectexceptfortheintersectionsofChapman AvenueWITHHarborBoulevardandOrangewoodAvenueWITHHarborBoulevardduringtheFridayPM peakhours, asshownonTable15andinFigure14, FridayPMPeakHourTrips (withProject). Figures15, 16, and17showtheSaturdayPMpeakhourtrips, Fridayaveragedailytrips, andSaturdayaveragedailytrips, respectively. a) Conflictwithanapplicableplan, ordinanceorpolicyestablishingmeasuresofeffectivenessfor theperformanceofthecirculationsystem, takingintoaccountallmodesoftransportation includingmasstransitandnonmotorizedtravelandrelevantcomponentsofthecirculation system, includingbutnotlimitedtointersections, streets, highwaysandfreeways, pedestrianand bicyclepaths, andmasstransit? LessThanSignificantImpact. Project- generatedtrafficwouldnotaffecttheperformanceofthesurrounding circulationsystem. AsshowninTable12, theCityofAnaheimhasthresholdcriteriaforsignificantimpactsto existingroadwaylevelsofservice. Peakhourtrafficgeneratedbytheproposedprojectwouldnotworsenthe existingLOSatintersectionsinthestudyarea (seeTable15) basedontheCity'sstandards. Nointersection wouldoperateatanunacceptableLOSwithorwithouttheproposedproject. Pedestrianandbicycleaccess totheprojectsitewouldnotbealteredwiththeimplementationoftheproposedproject. Localmasstransit routes, includingbusesservingthearea, wouldbeutilizedbyvisitorstotheproposeddinnertheater. Therefore, nosignificantimpactstoexistingpolicies, plans, orprogramsmeanttomeasuretheeffectiveness ofacirculationsystemwouldoccur. Allimpactswouldbelessthansignificant, andnomitigationmeasures arerequired. b) Conflictwithanapplicablecongestionmanagementprogram, including, butnotlimitedtolevelof servicestandardsandtraveldemandmeasures, orotherstandardsestablishedbythecounty congestionmanagementagencyfordesignatedroadsorhighways? NoImpact. TheOrangeCountyCongestionManagementProgram (CMP) identifiesHarborBoulevardasa primaryarterialinitssystemofdesignatedhighwaysandroadways (OCTA2003). TheLOSatspecified intersectionsalongHarborBoulevardismonitoredbyOCTA. AsshownintheTIA, theproposedproject wouldnotchangetheLOSatintersectionsalongHarborBoulevard (seeTable15). Thetrafficgeneratedby theproposedprojectwouldnotworsenservicestandardsalongHarborBoulevard, andimpactsrelatedto congestionmanagementwouldbelessthansignificant. Noadditionalanalysisisrequired. Page84 ThePlanningCenter June2010 1 1 FridayPMPeakHourTrips (WithProject) Source: KunzmanAssociates, Inc. 2010 44 BattleoftheDanceDinnerTheaterInitialStudy Hotel Way 29 0m co 0 s Oran:ewoodAvenue e, Mc. 4-0 41144 -o 0-0cA WilkenW t8 4 Site 3. EnvironmentalAnalysis l Cha. manAvenue at 2-9 Qg 4J s40 4111 O M 414' 0 _s 0-D 4 NOTTOSCALE ThePlanningCenter Figure14 3. EnvironmentalAnalysis Thispageintentionallyleftblank. Page86 ThePlanningCenter June2010 SaturdayPMPeakHourTrips (WithProject) 0- O-0 4 4 -0 a-0 st1 0111E111 Source: KunzmanAssociates, Inc. 2010 BattleoftheDanceDinnerTheaterInitialStudy Hotel Way 00 m 00 OranewoodAvenue WilkenWay Site 3. EnvironmentalAnalysis ChamanAvenue 7w J. to es 0-0 0-4. 4_5 4—a 0 4 NOTTOSCALE ThePlanningCenter Figure15 3. EnvironmentalAnalysis Thispageintentionallyleftblank. Page88 ThePlanningCenter June2010 Source: KunzmanAssociates, inc. 2010 FridayAverageDailyTrips (WithProject) 18,330 32,300 w 0 00 1,510 37,000 Hotel Way 2,440 39,240 39,280 OrangewoodoidAvenue 19,950 42,610 42,630 Site 37,900 37,890 33,930 3. EnvironmentalAnalysis Legend 33,930VehiclesPerDay (Rounded totheNearestTen) NOTTOSCALE BattleoftheDanceDinnerTheaterInitialStudy ThePlanningCenter Figure16 3. EnvironmentalAnalysis Thispageintentionallyleftblank. Page90 ThePlanningCenter June2010 SaturdayAverageDailyTrips (WithProject) Source: KunzmanAssociates, Inc. 2010 11,440 BattleoftheDanceDinnerTheaterInitialStudy 1,360 a a 0 0 0 34,260 Hotel Way 4,990 35,370 35,430 OrangewoodAvenue 12,060 39,430 39,470 WilkenWay 1,610 35,860 35,850 30,170 Site 3. EnvironmentalAnalysis ChamanAvenue 24,160 26,110 Legend 30,170VehiclesPerDay (Rounded totheNearestTen) NOTTOSCALE ThePlanningCenter Figure17 3. EnvironmentalAnalysis Thispageintentionallyleftblank. Page92 ThePlanningCenter June2010 3. EnvironmentalAnalysis c) Resultinachangeinairtrafficpatterns, includingeitheranincreaseintrafficlevelsorachangein locationthatresultsinsubstantialsafetyrisks? NoImpact. Theproposedprojectwouldnotchangeexistingairtrafficpatterns. Theredevelopmentofthe projectsiteasadinnertheaterwouldnotincreasetheamountofairtrafficenteringorleavingairports, andit wouldnotcausechangesinflightpatternsbecauseoftheheightorlocationoftheproposedstructures. No impactstoairtrafficpatternswouldoccur, andnoadditionalanalysisisrequired. d) Substantiallyincreasehazardsduetoadesignfeature (e.g., sharpcurvesordangerous intersections) orincompatibleuses (e.g., farmequipment)? LessThanSignificantImpactWithMitigationIncorporated. Theuseoftheproposedprojectbyvehicular trafficmayincreasehazardsbetweenvehiclesandpedestrians. TheentryandexitpointsoffHarbor Boulevardwouldbecomebusybeforeandafterperformancesatthedinnertheater, andHarborBoulevardis ahighvolumeroadway. VehiclesenteringandleavingwouldbetryingtoentertrafficonHarborBoulevard whilepedestriansareusingthesidewalk. Inaddition, thenorthentrance /exitisnotasignalizedintersection, makingcontroloftrafficmoredifficult. TheTIAhasprovidedrecommendationsforonsitecirculation. Aspart ofthepermittingprocessfortheproject, apedestrianandvehiclesecurityplanmustalsobeprovidedbythe propertyowner /developer. TheincorporationoftheseimprovementsandtheadherencetotheCity's municipalcodewouldreduceimpactsrelatedtohazardousdesignfeaturestolevelsthatarelessthan significant. Withtheimplementationofthefollowingmitigationmeasures10through19, noadditional analysiswouldbeneeded. MitigationMeasures 12. Priortofinalbuildingandzoninginspection, implementthesite- specificcirculationandaccess recommendationsasshowninFigure18, OnsiteCirculationRecommendations. 13. Priortotheissuanceofabuildingpermit, thepropertyowner /developershallsubmitaParking ManagementPlantothePlanningDepartmentandCityTrafficandTransportationManagerfor reviewandapproval. 14. Priortofinalbuildingandzoninginspection, HarborBoulevardfromtheproject'snorthboundaryto HotelWayshallbeconstructedatitsultimatehalf- sectionwidthincludinglandscaping, raised median, andparkwayimprovements, ifnecessary. 15. Priortotheissuanceofabuildingpermit, sightdistancesattheprojectaccessesshallbereviewed andapprovedbytheTrafficEngineerwithrespecttoCityofAnaheimstandards. 16. Priortofinalbuildingandzoninginspection, onsitetrafficsignalingandstripingshallbe implementedinconjunctionwithdetailedconstructionplansfortheproject. 17. DevelopershallprovideastripedmedianonHarborBoulevardprohibitingleftturnssouthbound. ThedevelopershallalsoprovidetheCityofAnaheimwiththeirfairshareamountfortheconstruction offutureraisedmedianonHarborBlvd. Suchamount, shallconsideronlythelinearfootagefronting thesubjectpropertyandshallbecreditedtowardsTrafficImpactfees. 18. Afterbuildingpermitissuance, asisthecaseforanyroadwaydesign, theCityofAnaheimshould periodicallyreviewtrafficoperationsinthevicinityoftheprojectoncetheprojectisconstructedto assurethatthetrafficoperationsaresatisfactory. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page93 3. EnvironmentalAnalysis 19. Busparkingspacesshallbeclearlyindicatedonthesiteplanandlocatedawayfromanyresidential ornoise- sensitiveadjacentlanduses. e) Resultininadequateemergencyaccess? LessThanSignificantImpact. Theproposedprojectwouldberequiredtomeettheemergencyaccess standardsoftheAnaheimFireDepartment. Withtheimplementationoftheproposeddinnertheater, emergencyaccessroutestotheproposedsitewouldneedtobeidentified. TheCityofAnaheimFire Departmentmustperformasiteplancheckpriortobuildingpermitting (CityofAnaheim2010b). Asthisisa requiredprocessforallconstructionintheCity, impactswouldbelessthansignificant, andnoadditional analysisisneeded. f) Conflictwithadoptedpolicies, plans, orprogramsregardingpublictransit, bicycle, orpedestrian facilities, orotherwisedecreasetheperformanceorsafetyofsuchfacilities? LessThanSignificantImpactWithMitigationIncorporated. Theprojectsiteisservedbyvariouspublic transitsystemsandwouldbeincludedinCityprogramsfortrafficmanagement. TheOrangeCounty TransportationAuthority (OCTA) currentlyoperatestwobuslineswithinwalkingdistanceoftheproposed project. OCTARoute43runsnorth -to -southonHarborBoulevardbetweenthecitiesofCostaMesaandLa Habra. ThenearestbusstopisatWilkenWay. OCTABravo! servicewillbeintroducedinthenearfuture. Bravo! isalimited -stopservicethatwillrunconcurrentlywithRoute43. TransfersonRoute43canalsotake riderstotheAmtrak/MetroStationandtheAnaheimRegionalTransportationIntermodalCenter (ARTIC). OCTARoute54runsonChapmanAvenue, lessthanaquarterofamilefromthesouth. Route54isaneast to -westrouterunningbetweenValleyViewBoulevardintheCityofGardenGroveandSantiagoCanyon CollegeintheCityofOrange. ThenearestbusstopisatHarborBoulevard. TheprojectsiteisalsoaccessiblebytheAnaheimResortTransit (ART) transportationsystem, whichis operatedbytheAnaheimTransportationNetwork (ATN) andservesTheAnaheimResortareaandother portionsofAnaheim, GardenGrove, andOrange. BecausetheproposedprojectisinTheAnaheimResort, it isrequiredtofinanciallyjoinandparticipateintheATN, whichincludesparticipationintheARTsystem, with astoponsiteforoneormoreARTroutes. Theattendeesoftheproposeddinnertheaterwouldbeabletouse thesepublictransitsystems, andimplementationoftheproposedprojectwouldnotimpacttheexistingbus routes. PedestriansidewalkswouldbemaintainedalongHarborBoulevard, andbicycleuseofHarborand thesurroundingroadwayswouldnotbealtered. TheCityofAnaheimadoptedtheTransportationDemandOrdinancein1991toreducevehicletripsand encouragetheuseofpublictransit. TheproposedprojectisrequiredtocontributetoTransportationDemand Managementbyimplementingonsitetaxiandshuttlebusloadingzones. MitigationMeasure20outlinesthe componentstheprojectmustimplement, therebyreducingimpactstolevelsthatarelessthensignificant withmitigationincorporated. MitigationMeasures 20. Priortoissuanceofabuildingpermit, thedevelopershallcomplywithOrdinanceNo. 5209and ResolutionNo91R -89relatingtotheTransportationDemandManagementbyprovidingonsitetaxi andshuttlebusloadingzonesandbyjoiningandfinanciallyparticipatingintheAnaheim TransportationNetworkandAnaheimResortTransit (ART). Theprojectshallprovideabusbay onsiteacceptabletotheCityTrafficandTransportationManagerforARTbusestotransportguests toandfromhotels, touristattractions, andlocalairports. Page94 ThePlanningCenter June2010 Signtodirectnorthbound traffictouseProjectNorth Accesstoentertheproject site. Source: KunzmanAssociates, Inc. 2010 BattleoftheDanceDinnerTheaterInitialStudy 3. EnvironmentalAnalysis OnsiteCirculationRecommendations Priortoprojectconstruction, theportionofHarborBoulevardalongtheproject's frontageshallbeconstructedatitsultimatehalfsectionwidthindudinglandscaping, raisedmedian, andparkwayimprovements, ifnecessary. Signandstripe DoNotBlock Intersection" Legend Q ExistingTrafficSignal StopSign FullAccessDriveway RightTurnsIn /OutOnly AccessDriveway OneWayOnly Drop -OffArea TrafficDirectingPersonnel NOTTOSCALE ThePlanningCenter Figure18 3. EnvironmentalAnalysis Thispageintentionallyleftblank. Page96 ThePlanningCenter June2010 g) Resultininadequateparkingcapacity? MitigationMeasures 3. EnvironmentalAnalysis LessThanSignificantImpactWithMitigationIncorporated. AparkinganalysiswasprovidedintheTIA preparedbyKunzmanAssociates (AppendixD). Theexistingparkinglotwouldberepavedandrestripedas partoftheproposedproject. Approximately360parkingspaceswouldbeprovided. Aswiththerestofthe trafficanalysisintheTIA, MedievalTimeswasusedasamodelforparkingconditionsbecauseithassimilar operations. ObservationsofFridayandSaturdayshowsatMedievalTimesprovidedtheparkingdemandper seatattherestaurant. Thisdemandratewasthenappliedtothenumberofseatsattheproposedrestaurant. Modereductions, whichaccountforthenumberofattendeeswalkingortakingtransit, tourbuses, orshuttles totheperformances, wereappliedtothetotaldemandsandanoveragefactorof20percentwasapplied, providingamoreconservativeanalysis. Thefinalparkingdemandresultedin289spacesonFridaynights and317spacesforSaturdaynights. WeeknightsarenotexpectedtobeasbusyasFridayandSaturday nights, sooverallparkingdemandisnotexpectedtoexceedthesenumbers. Althoughthesenumbersare withintheavailablenumberofparkingspaces, theTIAprovidedaparkingmanagementplantoreduce congestionandcrowdingintheparkinglot. Theincorporationoftheparkingmanagementplan recommendationsasmitigationmeasures (21through28) wouldreduceparkingimpactstolessthan significantlevels. 21. TheParkingManagementPlanshallbesubmittedforreviewandapprovalbythePlanning DepartmentandtheTrafficandTransportationManager. TheParkingManagementPlanshall includetheParkingLotPlanrequiredinsection18.116.140oftheAnaheimMunicipalCode, and shallincludedetailedinformationonhowthevaletparkingprogramwilloperatethroughavaletand accessplan, includingthelocationoftheloadingzoneforvaletservice. 22. Theprojectsiteshallprovidecoderequiredparkingspacesforthehandicapped. Eachspecifically designatedareashouldbeclearlypaintedandsigned. Signsshallbepostedtoclearlydirectthe appropriateattendeestothedesignatedhandicappedparkingspaces. 23. Traffic- directingpersonnelshallbeusedtodirectinbounddriverstoemptyparkinglots, empty parkingsegmentswithinalot, andthentoemptyparkingstalls. Atrafficdirectorshallbepositioned attheentrancedrivewayofthelottobefillednext. Anothertrafficdirectorshouldbelocatedinthe emptyparkingsegmenttodirectthedrivertoanemptystall. Asthelotfillstocapacity, thedirectors inthelotshallcommunicatetothedrivewaydirectortostarttofillthenextlot. Whenaparkinglot fills, aType1Barricadewithasignplacardreading "LotFull" shallbeplacedacrosstheentrance driveway. 24. Traffic- directingpersonnelshallhavebrightlycoloredvestssothattheyarehighlyvisibleforthe attendeesandfortheirsafety. Theyshouldhavewalkie- talkiestoensureefficientcommunication. Theyshallbetrainedformaximumefficiencyandsafety. 25. Traffic- directingpersonnelshallbeprovidedtoassistdriversleavingthefacility. 26. ValetparkingareasshallbeprovidedonsiteandutilizedinaccordancewiththeParking ManagementPlan. Theseareasshallbeappropriatelysignedandstriped. Pedestrianconflictsshall beminimizedasmuchaspossiblebydirectingpedestrianstodesignatedpedestriancrossings. Duringevents, manualcontrolcouldbenecessaryinthedrop -offareas. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page97 3. EnvironmentalAnalysis 27. Afollow -upmonitoringprogramshallbeusedtodeterminetheeffectivenessoftheparking managementplan. Peakperiodsshallbemonitoredinordertomakechangestotheparking managementplantoimproveoperatingconditions, ifnecessary. 28. TheCityTrafficEngineershallvisitthesiteoncetheprojectisconstructedandinfulloperationand verifythatthetrafficoperationsaresatisfactory. 3.17 UTILITIESANDSERVICESYSTEMS a) ExceedwastewatertreatmentrequirementsoftheapplicableRegionalWaterQualityControl Board? NoImpact. Thedevelopmentoftheproposedprojectwouldnotexceedwastewatertreatmentrequirements oftheSARWQCB. Theexistingbuildingsontheprojectsitearevacantanddonotcurrentlygenerate wastewater. TheCityofAnaheimcollectswastewaterthroughCity- operatedpipelinesandtrunksewers, whichconnecttowastewatertreatmentfacilitiesownedandoperatedbytheOrangeCountySanitation District (OCSD). OCSDhastwotreatmentplants, oneinFountainValleyandoneinHuntingtonBeach. Wastewaterfromresidential, commercial, andindustrialcustomersistreatedbeforeitiseitherreleasedinto. thePacificOceanorpumpedbackintothegroundwaterbasinforreuse. OCSDoperatestheGroundwater ReplenishmentSysteminconnectionwiththeOrangeCountyWaterDistrict. Thisoperationpumpstreated wastewaterbackintotheOrangeCountyGroundwaterBasinforreuseaspotablewater (OCSD2010). WastewatergeneratedbytheproposedcommercialprojectwouldenterCity -ownedpipelinesandbetreated bytheOCSD. ThewastewatergeneratedbytheproposeddinnertheaterwouldnotcauseOCSDtoexceed wastewatertreatmentrequirementsoftheSARWCQB. Noimpactsrelatedtowastewatertreatment requirementswouldoccur, andnoadditionalanalysisisneeded. b) Requireorresultintheconstructionofnewwaterorwastewatertreatmentfacilitiesorexpansion ofexistingfacilities, theconstructionofwhichcouldcausesignificantenvironmentaleffects? LessThanSignificantImpactWithMitigationIncorporated. Theproposedprojectsiteisdevelopedwith existingsewerandwaterlines, whichconnecttotheCity'swastewatercollectionandwaterconveyance systems. AlloffsiteCity -ownedwastewaterfacilitiesconnecttothetrunksewersandwastewatertreatment plantsoftheOrangeCountySanitationDistrict (OCWD). AsewerstudycompletedbytheCity'sPublicWorks Departmentdeterminedthatwastewaterflowfromtheproposedprojectwouldnotcausenegativeimpactsto theexistinginfrastructureintheCity (Linker2010). IfdeterminedappropriatebythePublicWorks Department, theprojectapplicantwouldpaythesewerimpactandimprovementfee, asrequiredforallnew developmentintheCitybySection10.12.085oftheAnaheimMunicipalCode. Theexistingonsitewaterpipelinesystemwouldbeusedbytheproposedproject. Asdescribedbelowin Section3.17(d) ofthisIS /MND, anestimated290,355gallonsofwaterwouldbeusedper bythe proposedproject. Existingwaterlineswilldeliverwatertotheproposedproject. Theconstructionofany connectionlinesormodificationstotheexistinginfrastructuremustbecoordinatedbetweentheproject applicantandtheWaterEngineeringandCrossConnectionControlInspectorasdescribedbelowin MitigationMeasure31. SincetheproposedprojectiswithintheAnaheimResortArea, awaterfacilitiesfee mustbepaidbytheapplicant, asdescribedinMitigationMeasure29below. Withtheincorporationof mitigationmeasures29through31below, impactstoexistingwaterandwastewaterconveyancefacilities wouldbefessthansignificant. Page98 ThePlanningCenter June2010 MitigationMeasures 3. EnvironmentalAnalysis 29. Priortotheissuanceofabuildingpermit, thepropertyowner /developershallpayAnaheimResort AreawaterfacilitiesfeesinaccordancewiththeRule15EoftheWaterUtilityRates, Rules, and Regulations ($0.39persquarefoot). 30. Priortothestartofconstruction, allrequestsfornewwaterserviceorfirelines, aswellasany modifications, relocations, orabandonmentsofexistingwaterservicesandfirelines, shallbe coordinatedthroughtheWaterEngineeringDivisionoftheAnaheimPublicUtilitiesDepartment. 31. Priortotheissuanceofthefirstbuildingpermitorgradingpermit, whichevercomesfirst, the propertyowner /developershallindicateonplanstheinstallationofaseparateirrigationmeterfor totallandscapedareasexceeding2,500squarefeet. c) Requireorresultintheconstructionofnewstormwaterdrainagefacilitiesorexpansionof existingfacilities, theconstructionofwhichcouldcausesignificantenvironmentaleffects? Noimpact. Theproposedsitemodificationandbuildingremodelingwouldnotrequiretheexpansionofor constructionofnewstormwaterdrainagefacilities. Theproposedprojectsiteiscurrentlydevelopedwithtwo adjoinedbuildingsandaparkinglot. Stormwaterdrainageisnotwelldevelopedontheprojectsite. Most stormwaterrunoffsheet -flowsacrosstheprojectsite. Stormwaterthatentersthesurroundingstreetsdrains fromtheprojectsitetothesouthandthenwest, eventuallyreachingtheEastGardenGroveWintersburg Channel (OCFCD2004). Theproposedsitemodificationswoulddecreasetheamountofimpervioussurface byincreasingtheamountoflandscapingontheprojectsite. Stormwaterflowwouldremainthesameor decreasewiththeadditionofnewlandscapingislandsonthesiteSincestormwaterfromtheprojectsiteis alreadyenteringtheexistingstormwatersystemandtheproposedsitemodificationswouldnotsignificantly altersitedrainage, stormwaterfacilitieswouldnotneedtobeexpandednornewfacilitiesbuilt. Therefore, no impactstostormwaterdrainagefacilitiesareanticipated. d) Havesufficientwatersuppliesavailabletoservetheprojectfromexistingentitlementsand resources, orareneworexpandedentitlementsneeded? LessThanSignificantImpactWithMitigationIncorporated. Waterissuppliedtotheprojectsitebythe AnaheimPublicUtilitiesDepartment (APUD), amunicipalwateragencyoftheCityofAnaheim. TheAPUD dependsentirelyonthe. MetropolitanWaterDistrict (MWD) andwaterfromtheOrangeCountyGroundwater Basin, whichismanagedbytheOCWD. The2010UWMPfortheCityhasnotyetbeencompleted; themost recentUWMPwascompletedin2005. TheUWMPisaplanningdocument, requiredbyCalifornia DepartmentofWaterResources, tomanagewatersupplyanddemandinthestate. Theproposedproject wouldincreasetheamountofwaterusedontheprojectsite. Sincethecurrentsiteisunused, thereisno existingdemandforwater. Implementationoftheproposedprojectwoulduseapproximately10.7acre -feet (3,484,260gallonsofwater peryear). Thetotalwaterdemandisbasedonwaterdemandofadinnertheater, MedievalTimes, with similaroperationsintheCityofBuenaPark. Basedonareviewofthebi- monthlywaterconsumption readingsforthecommercialandfireflowwatermeters, includedasAppendixEtothisIS /MND, Medieval Timesusesabout580,710gallonsofwaterpermonth (CityofBuenaPark2010). Sincetheproposedproject wouldbeabouthalfthesizeofMedievalTimes (43,500squarefeetcomparedtoapproximately94,500 squarefeet), thetotalprojectedwaterdemandisreducedbyhalf. Thisestimate, 3,484,260gallonsofwater peryear, or290,355gallonspermonth, wouldbeslightlyconservativesinceMedievalTimeshasactivities notfoundintheproposedprojectthatmayincreasewaterdemand. Theseactivitiesincludethecleanupand BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page99 3. EnvironmentalAnalysis careofhorsesusedintheshowandthemaintenanceoflargerareasoflandscapingattheMedievalTimes site. Anaheimhasatotalwatersupplyofabout72,000acre -feet, orapproximately23.5billiongallons (Cityof Anaheim2009). Abouttwo- thirdsofAnaheim'swatersupplycomesfromtheOrangeCountyGroundwater Basin. TheremaindercomesfromimportedwaterthroughtheMWD (CityofAnaheim2009). BetweenJuly 2009andJune2010, AnaheimmustreducetheamountofwateritdrawsfromtheGroundwaterBasinto62 percent (from69percent). OnApril14, 2009, Anaheim'ssupplyofwaterfromMWDwasalsoreducedby3.7 percent. ToaccommodateforwatershortagesandtoreducetheCity'soveralldemandforwater, theCityset agoaltoreducewateruseintheCityby4.5percent (or950milliongallons) forthefiscalyearbetweenJuly 2008andJune2009. Itsurpassedthisgoalby22milliongallonsandisworkingtoencourageadditional conservation, recycling, andwaterreductioneffortstodecreasewaterdemandeffort (CityofAnaheim2009). Theproposedproject'sprojectedwaterdemandwouldbeabout0.017percentoftheCity'stotalwater supply. AlthoughthisisnotalargepercentageoftheCity'swatersupply, theproposedprojectwillbe requiredtoincorporatewaterconservationeffortswhereapplicable, suchasusingdrought- resistant landscapingandusinglow -flowfaucetsandtoilets. TheCity'sLandscapeWaterEfficiencyOrdinance Section10.19ofthemunicipalcode) haswaterefficiencyrequirementsfornewpublicandprivateprojects intheCity. Fornonresidentialprojects, landscapeplanscoveringmorethan2,500squarefeetorthose otherwiserequiringdiscretionaryapprovalmustincorporatetheprovisionsoftheLandscapeWaterEfficiency Ordinance (CityofAnaheimMunicipalCode, Section10.19). Theproposedprojectwouldberequiredto complywiththisordinance. TheimplementationofMitigationMeasures32and33wouldhelpreducewater demandoftheproposedprojectthroughouttheproject'soperation. Overall, theCitywouldhavesufficient watersuppliestomeettheneedsoftheproposedproject. Impactswouldbelessthansignificantwiththe incorporatedmitigationmeasures, andnoadditionalanalysisisneeded. MitigationMeasures 32. Priortothefinalbuildingandzoninginspectionfortheproject, thepropertyowner /developershall submitaletterfromalandscapearchitecttotheCitycertifyingthatthelandscapeinstallationand irrigationsystemshavebeeninstalledasspecifiedintheapprovedlandscapeandirrigationplans. 33. Priortofinalbuildingandzoninginspectionsfortheproject, thepropertyowner /developershall installonsitepipingwithprojectmainssothatreclaimedwatermaybeusedforlandscapeirrigation whenitbecomesavailablefromtheOrangeCountySanitationDistrict. e) Resultinadeterminationbythewastewatertreatmentprovider, whichservesormayservethe projectthatithasadequatecapacitytoservetheproject'sprojecteddemandinadditiontothe provider'sexistingcommitments? NoImpact. Thewastewatergeneratedbytheproposedprojectwouldnotexceedthecapacityofthe wastewatertreatmentprovider. WastewaterintheCityofAnaheimiscollectedthroughCityfacilitiesandthen conveyedthroughtrunksewersandchannelsownedandmaintainedbytheOrangeCountySanitation District. WastewaterfromtheCityistreatedatvariousregionaltreatmentfacilities. Althoughthefacilitieson theprojectsitearenotcurrentlybeingused, sewerinfrastructureisinplacefromprevioususeofthesite. A sewerimpactstudywaspreparedbytheAnaheimDepartmentofPublicWorkstodeterminetheproject's impacttotheCity'ssewersystemandwastewatertreatmentplant. Thestudydeterminedthattheproposed projectwouldgenerateapproximately12,825gallonsofwastewaterperday, whichwouldadequatelybe servedbytheCity'sinfrastructureandwouldbetreatedatthewastewatertreatmentplantsthatservetheCity Page100 ThePlanningCenter Jane2010 3. EnvironmentalAnalysis Linker2010). Noimpactstowastewatertreatmentproviderswouldoccur, andnoadditionalanalysisis needed. f) Beservedbyalandfillwithsufficientpermittedcapacitytoaccommodatetheproject'ssolidwaste disposalneeds? NoImpact. ThesolidwastegeneratedbytheproposedprojectwouldnotcauselandfillsservingtheCityto exceedtheircapacity. Aprivatecompany, AnaheimDisposal, collectsandmanagessolidwastecollectionin theCityofAnaheim. Commercial, residential, andindustrialsolidwasteiscollected, sortedforrecyclables, andsenttolandfillsthroughoutSouthernCalifornia. OrangeCountyownsandoperatesthreeactivelandfills: theOlindaAlphaSanitaryLandfillat1942NorthValenciaAvenueinBrea; FrankR. BowermanLandfillat 11002BeeCanyonAccessRoadinIrvine; andPrimaDeschechaLandfillat32250LaPataAvenueinSan JuanCapistrano (CalRecycle2010a). Thesethreelandfillshaveacombinedremainingcapacityof approximately184millioncubicyards (CalRecycle2010c). Theprojectsiteisdevelopedwithaparkinglotandvacantcommercialbuildings. Sincethesiteisnotbeing used, itdoesnotgeneratesolidwaste. Implementationoftheproposedprojectwouldincreasetheamount ofsolidwasteinneedofdisposal. TheCaliforniaDepartmentofResourcesRecyclingandRecovery CalRecycle) estimatessolidwastegenerationbyrestaurantstobeabout0.0108tonspersquarefootper year (CalRecylce2010b). Theproposedprojectwouldbebuiltwithinexistingbuildingshells; noexpansions ofbuildingspacewouldoccur. Thefinalbuildingsquarefootagewouldnotexceed43,500squarefeet, resultingin469.8tonsofsolidwasteperyear. Basedonareviewoftheremainingcapacitiesofthelandfills thatservetheCityofAnaheim, thisamountofsolidwastewouldbewithintheremainingcapacitiesofthe landfills (CalRecycle2010a). Nosignificantimpactswouldoccurrelatedtosolidwastegenerationandno additionalanalysisisneeded. g) Complywithfederal, state, andlocalstatutesandregulationsrelatedtosolidwaste? NoImpact. Alllocalgovernments, includingtheCityofAnaheim, arerequiredunderAssemblyBill939 (AB 939), theIntegratedWasteManagementActof1989, todevelopsourcereduction, reuse, recycling, and compostingprogramstoreducetonnageofsolidwastegoingtolandfills. Citiesmustdivertatleast50 percentoftheirsolidwastegenerationintorecycling. In2006, thelatestyearforwhichdataareavailable, 55 percentofsolidwastegeneratedintheCityofAnaheimwasdiverted, sotheCityismeetingitsAB939goal CalRecycles2010a). Thewastegeneratedbytheproposedprojectwouldbeincorporatedintothewaste streamofthecity, anddiversionrateswouldnotbealtered. SB939impactswouldnotoccur, andno additionalanalysisisrequired. h) Resultinaneedfornewsystemsorsupplies, orsubstantialalterationsrelatedtoelectricity? NoImpact. Theproposedprojectwouldnotresultinaneedfornewsystemsorsuppliesofelectricity. The siteisservedbytheAnaheimPublicUtilities. Theexistinginfrastructureintheonsitebuildingswouldbe updatedtomeetthecriteriaoftheCity'sstandardsandtomeetthedemandsofthedinnertheater. The dinnertheaterwouldonlybeopenintheeveningsduringtheweekandtheafternoonandeveningonthe weekend, reducingtheoverallelectricdemand. AnaheimPublicUtilitieswouldbeabletosupplythesiteand wouldnotneedtobuildnewsystems. Therefore, noimpactswouldoccur, andnoadditionalanalysisis needed. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page101 3. EnvironmentalAnalysis i) Resultinaneedfornewsystemsorsupplies, orsubstantialalterationsrelatedtonaturalgas? NoImpact. TheprojectsiteisservedbytheCaliforniaGasCompany (CGS). Sincetheproposedproject wouldinvolvemodificationstoanexistingstructure, nonewgaslinesorsystemswouldneedtobe constructed. CGSwouldbeabletoservetheproposedproject, andnoimpactswouldoccur. Noadditional analysisisrequired. j) Resultinaneedfornewsystemsorsupplies, orsubstantialalterationsrelatedtotelephone service? NoImpact. TheprojectsiteisservedbyAT &Tphoneservice. Sincetheproposedprojectwouldinvolve modificationstoanexistingstructure, theexistingphonelineswouldbeusedfortheproposedproject. AT &T wouldbeabletoservetheproposedproject, andnoimpactswouldoccur. Noadditionalanalysisis required. k) Resultinaneedfornewsystemsorsupplies, orsubstantialalterationsrelatedtotelevision service /reception? NoImpact. Theproposedprojectwouldnotcreateademandfortelevisionservice /reception. Theproposed projectwouldinvolvetheremodelingofexistingbuildingstocreateadinnertheater. Televisionservicewould notberequiredfortheproposedproject, andnoimpactswouldoccur. Noadditionalanalysisisrequired. 3.18 MANDATORYFINDINGSOFSIGNIFICANCE a) Doestheprojecthavethepotentialtodegradethequalityoftheenvironment, substantiallyreduce thehabitatofafishorwildlifespecies, causeafishorwildlifepopulationtodropbelowself- sustaininglevels, threatentoeliminateaplantoranimalcommunity, reducethenumberorrestrict therangeofarareorendangeredplantoranimaloreliminateimportantexamplesofthemajor periodsofCaliforniahistoryorprehistory? NoImpact. Theprojectsitedoesnothaveanysensitivebiologicalcommunities, wildlifepopulations, or recordingsofrareorendangeredspecies. Italsodoesnothaveanyhistoricallysignificantorknown paleontologicalorarchaeologicalartifacts. Thesitehasbeendevelopedinthepastandcontainsanexisting vacantcommercialbuildingandparkinglot. Theproposedprojectwouldinvolverepavingoftheparkinglot, remodelingofthelargerofthetwobuildings, andpartialdemolitionofthesmallerofthetwobuildingsonthe existingbuildingslab. Sitemodificationsincluderepavingtheparkinglotandtheplacementofadditional landscapedareasthroughouttheparkinglotandaroundtheexistingbuildings. Thesemodificationsmay requireveryminimalgroundexcavationinsoilthathasalreadybeenexcavatedandgradedandwouldnot disturbanyunknownarchaeologicalorpaleontologicalresources. Impactstobiologicalandcultural resourceswouldnotoccur. b) Doestheprojecthaveimpactsthatareindividuallylimited, butcumulativelyconsiderable? Cumulativelyconsiderable" meansthattheincrementaleffectsofaprojectareconsiderable whenviewedinconnectionwiththeeffectsofpastprojects, theeffectsofothercurrentprojects, andtheeffectsofprobablefutureprojects.) LessThanSignificantImpactWithMitigationIncorporated. Theproposedprojectwouldchangetheuse oftheprojectsitefrom "vacant" toarestaurant/entertainmentuse, therebybringingmorepeopletothe projectsiteduringbusinessoperation. Thiswouldincreasetheneedforutilities, publicservicessuchasfire andpolice, traffic, airpollution, noise, andemissionsofgreenhousegasesinthearea. Theinitialstudyhas Page102 ThePlanningCenter June2010 3. EnvironmentalAnalysis foundtheenvironmentalimpactsinthesecategoriesto. beTessthansignificantorlessthensignificantwith mitigationonanindividualbasis. Cumulativeimpactsmayoccurinrelationtothesecategorieswhenthese individualimpactsarecompoundedwithimpactsofsurroundingexistingandproposedlanduses. The CEQAprocessrequiresallfutureprojectstoevaluatetheirimpactsontheexistingenvironment. TheCityof Anaheimalsoprovidesguidelinesandmandatoryproceduresforreducingenvironmentalimpactstopublic services, utilities, traffic, airpollution, noise, andgreenhousegasesthroughitsadoptedgeneralplanand municipalcode, includingthebuildingcodeandlandusedevelopmentcode. Theincorporationof guidelinesandadherencetomandatoryregulationsandprocesseswouldreducethecumulative environmentalimpactsoffutureprojectsintheCitytolessthansignificantlevels. c) Doestheprojecthaveenvironmentaleffects, whichwillcausesubstantialadverseeffectson humanbeings, eitherdirectlyorindirectly? LessThanSignificantImpactWithMitigationIncorporated. Theproposedprojectwouldbringmore peopletotheprojectsiteduringbusinessoperation, therebyincreasingtraffic, airpollution, andnoiselevels inthearea. Potentiallysignificantimpactsinthesecategoriescoulddirectlyorindirectlyaffecthumanbeings. However, airqualityimpactswerefoundtobelessthansignificantonanindividualbasis, andtrafficand noiseimpactswouldbereducedtolessthansignificantlevelsthroughtheincorporationofmitigation measures. Therefore, impactstohumanbeingswouldbeTessthansignificantwiththeincorporated mitigationmeasures. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page103 3. EnvironmentalAnalysis Thispageintentionallyleftblank Page104 ThePlanningCenter June2010 4. References 4.1 PRINTEDREFERENCES CityofAnaheim. 2009, February10. InitialStudyforamAmendmenttotheAnaheimResortSpecificPlan. Availableat: http: /www.anaheim.net /article.asp ?id =1851. AccessedMarch24, 2010. CityofAnaheim. 2004, May. CityofAnaheimGeneralPlanandEnvironmentalImpactReport. CityofBuenaPark, WaterServicesDepartment. April2010. ConsumptionHistoryforMedievalTimesDinner Theater (2 -28 -06through2- 1 -10). 4.2 PERSONALCOMMUNICATIONS Linker, Keith. 2010, June. 1. PrincipalCivilEngineer, CityofAnaheimPublicWorksDepartment. Phonecall. 4.3 WEBSITES AirNay. 2010, March29. AirportInformation. http: /www.airnay.com /airportsAccessedMarch29, 2010. CaliforniaDepartmentofConservation (CDC). 2010a. IndexofWilliamsonActcontracts (FTPsite). ftp: /ftp.consrv.ca.gov /pub /dlrp /waAccessedMarch23, 2010. CDC. 2010b. CaliforniaGeologicalSurvey, MineralResourcesandMineralHazardsMappingProgram. http: /www.consrv.ca.gov /CGS /minerals /Pages /index.aspx. AccessedMarch30, 2010. CDC. 2009, March15. TsunamiInundationMapforEmergencyPlanning, OrangeCounty. http: /www.conservation.ca.gov/ cgs /geologic_hazards /Tsunami /Inundation_Maps /Pages /Statewi de_Maps.aspx. AccessedMarch30, 2010. CaliforniaDepartmentofForestryandFireProtection (CALFIRE). 2007a, November7. FireHazard SeverityZonesinSRA, OrangeCounty. http:/ /www.fire.ca. gov/ fire_ prevention/ fhsz_maps /fhsz_maps_orange.php. AccessedMarch29, 2010. CALFIRE. 2007b, September17. DraftFireHazardSeverityZonesinLRA, Anaheim. http: /www.fire.ca.gov/ fire_ prevention /fhsz_maps /fhsz_maps_orange. php. CaliforniaDepartmentofResourcesRecyclingandRecovery (CalRecycle). 2010a. JurisdictionProfilefor CityofAnaheim. http: /www.calrecycle.ca.gov /Profiles /Juris /Default.asp. CalRecylce. 2010b. EstimatedSolidWasteGenerationRatesforServiceEstablishments. http: /www.calrecycle.ca. govwastechar /wastegenrates /Service. htm CalRecycle. 2010c. SolidWasteInformationSystem. http:// www .calrecycle:ca.gov /SWFacilities /Directory/search.aspx. AccessedMay3, 2010. BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page105 4. References CaliforniaDepartmentofTransportation (Caltrans). 2007, December7. CaliforniaScenicHighway MappingSystem. http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm. CityofAnaheim. 2010a. CityofAnaheimFireDepartment, FireStationLocations. http: /www.anaheim .net /section.asp ?id =113. AccessedMarch30, 2010. CityofAnaheim. 2010b. FirePreventionServices. http: /www. anaheim .net /com_dev /ed /fire_prevent/. AccessedApril6, 2010. CityofAnaheim. 2009, May. WaterSituationReport. http: /www. anaheim. netutilitieswaterservices /Suply /SituationRpt.pdf. AccessedApril6, 2010. FederalEmergencyManagementAct. 2010, March29, 2010. FloodMapViewer. https: hazards .fema.gov /wps /portal /mapviewer. AccessedMarch29, 2010. OrangeCountyFloodControlDistrict (OCFCD). 2004. OrangeCountyFloodControlFacilities. http: /www.ocflood.com /Docs_DM.aspx. OrangeCountySanitationDistrict (OCSD). 2010. OrangeCountySanitationDistrictFacilities. http: /www•ocsd.com/ about /general _information /facilities.asp. AccessedMarch25, 2010. OrangeCountyTransportationAuthority (OCTA). 2003, November. OrangeCountyCongestion ManagementProgram. http: /www.octa. net /ctfp /Final %20CMP %202003 %20Document.pdf. AccessedApril6, 2010. SantaAnaRegionalWaterQualityControlBoard (SantaAnaRWQCB). 2009. OrangeCountyMunicipal NPDESStormWaterPermit. http: /www.swrcb.ca.gov /rwgcb8 /waterissuesprograms /stormwater /oc_permit.shtml. Accessed March24, 2010. StateWaterResourcesControlBoard (SWRCB). 2008. GeoTracker. http: /geotracker.swrcb.ca.gov UnitedStatesEnvironmentalProtectionAgency (USEPA). 2009a, April10. ResourceConservationand RecoveryAct. http: /www.epa. govenvirohtml /rcris /rcris_queryjava.html. AccessedMarch29, 2010. USEPA. 2009b, December10. FacilityRegistrySystem. http: /www.epa. govenviro /html /fii /fii_queryjava.html. AccessedMarch29, 2010. UnitedStatesFishandWildlifeService (USFWS). 2008. OrangeCountyCentralCoastalNCCP /HCP. http://www.fws.gov/carlsbad/HCPs.html. AccessedMarch24, 2010. Page106 ThePlanningCenter June2010 ListofPreparers CITYOFANAHEIM JonathanBorrego PrincipalPlanner, AnaheimPlanningDepartment, PlanningServicesDivision DellaHerrick AssociatePlanner, AnaheimPlanningDepartment, CurrentPlanning THEPLANNINGCENTER WilliamHalligan, Esq. VicePresident, EnvironmentalServices JamieThomas, LEEDAP AssociatePlanner NicoleVermilion SeniorPlanner LeahBoyer AssistantPlanner JohnVang AssistantPlanner BattleoftheDanceDinnerTheaterInitialStudy CityofAnaheim Page107 5. ListofPreparers Thispageintentionallyleftblank. Page108 ThePlanningCenter June2010 NEW CORRESPONDENCE ITEM NO. 3 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: DECEMBER 14, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05823 VARIANCE NO. 2015-05047 AND ADMINISTRATIVE ADJUSTMENT NO. 2015-00374 LOCATION: 2013 East Ball Road (Starbucks) APPLICANT/PROPERTY OWNER: The applicant is Starbucks Coffee Company; the agent representing the applicant is Kayman Wong with Evergreen Devco, Inc.; and the property owner is Anaheim B & S Partners, LLC. REQUEST: The applicant requests approval of the following applications: 1) A Conditional Use Permit to construct a coffee shop with a drive-through lane; 2) A Variance from the setback requirements of the Zoning Code; and 3) An Administrative Adjustment to permit fewer parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 3, New Construction) and approving Conditional Use Permit No. 2015-05823, Variance No. 2015-05047, and Administrative Adjustment No. 2015-00374. BACKGROUND: This 0.34-acre property is developed with a vacant 3,130 square foot building which was previously occupied by a restaurant. The property is located in the "C-G" General Commercial Zone and the General Plan designates the property for Neighborhood Center land uses. Surrounding land uses include a service station to the west, an In-N-Out Burger restaurant to the north, a shopping center and car wash to the east, and a service station and El Torito restaurant across Ball Road to the south. CONDITIONAL USE PERMIT NO. 2015-05823, VARIANCE NO. 2015-05047, ADMINISTRATIVE ADJUSTMENT NO. 2015-00374 December 14, 2015 Page 2 of 5 PROPOSAL: The applicant proposes to demolish the existing restaurant and construct a new 890 square foot coffee shop that would include a drive-through lane with vehicular stacking to accommodate 11 vehicles, a take-out window, and a 100 square foot outdoor patio area. Seating and dining inside the building is not proposed. Vehicular access to the site would be provided by a driveway on Ball Road. The building will feature horizontal wood siding, a metal trellis with clinging vines, metal cladding, a variation in the horizontal rooflines, and smooth stucco finishes in earth-tone brown and gray colors (see Attachment 4). A detailed development summary is included as Attachment 7 to this report. SITE PLAN Vehicular access openings would also be maintained to the north and east, providing connections to adjacent properties. The applicant indicates that these existing driveways will remain open; however, the applicant does not have reciprocal access agreements with the two adjacent property owners. The drive through lane and parking lot have been designed to function without the use of these driveways. However, if the applicant is unable to secure reciprocal access rights for the northerly driveway, trash from the proposed trash enclosure will have to be removed from the site by utilization of a scout/pull-out truck to take the trash bin to a staging area to be determined by the City’s trash service provider. In anticipation of this possibility, a condition of approval is included that will require the owner of the property and the applicant to provide trash removal in accordance with a circulation plan acceptable to the Public Works Department and the trash service provider. CONDITIONAL USE PERMIT NO. 2015-05823, VARIANCE NO. 2015-05047, ADMINISTRATIVE ADJUSTMENT NO. 2015-00374 December 14, 2015 Page 3 of 5 Proposed hours of operation are 4:00 a.m. to midnight, seven days a week, with three to four employees at the site during regular business hours. A total of nine parking spaces are proposed on-site, including one handicap space. The applicant is proposing to install wall signs, on-site directional signs, and a monument sign along Ball Road in compliance with Code requirements. FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That 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; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. While coffee shops are permitted by right in this zone, a conditional use permit is required to permit the drive-through lane. The purpose of the conditional use permit is to ensure proper design and function of the drive-through lane and that vehicular activity does not impact surrounding properties. The drive-through lane has been designed to minimize the probability of vehicles queueing onto Ball Road. The drive-through lane would be accessed from the south, adjacent to Ball Road, and then extend along the east property line, and continue to north and west sides of the building. The drive through lane would be screened from view of the street by the building and landscaping. Directional signage would be placed at key locations on-site. This includes a painted “Keep Clear” area at the north end of the site to ensure that cars queuing in the drive-through lane would not block the northerly driveway opening to the In-N-Out Burger site. A Queuing Study was submitted by the applicant and the study concludes that at least 10 vehicles are able to queue on-site during peak hours between 6:00 a.m. and 9:00 a.m., and the proposal accommodates up to 11 vehicles on site. The study is included as Attachment 6 to this report. Based on these design features, staff believes that the proposed use would be compatible with the surrounding area and recommends approval of the conditional use permit. Variance: Before the Planning Commission may approve a variance, it must make a finding of fact that the evidence presented shows that the following conditions exist: 1) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; CONDITIONAL USE PERMIT NO. 2015-05823, VARIANCE NO. 2015-05047, ADMINISTRATIVE ADJUSTMENT NO. 2015-00374 December 14, 2015 Page 4 of 5 2) That, because of the special circumstances, shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. The Zoning Code allows a coffee shop to be constructed in the C-G Zone by right, but the applicant is requesting a variance from the setback requirements included in the Zoning Code. Although the applicant is providing the required 15 feet of landscaping adjacent to Ball Road, five feet of this landscaping is located in an area that is being dedicated to the City to accommodate the future widening of Ball Road. Therefore, until such time that Ball Road is widened, the property will maintain the Code required landscaped setback area. Once the street is widened, the property would maintain a 10-foot wide landscaped front setback area. The timing of street widening is unknown at this time. A variance recognizes that there may be individual lots within a zone or tract that, because of size, irregular shape, or unusual topography cannot be reasonably developed if all the development standards for the zone are strictly applied. The applicant has submitted a letter of justification indicating that the small size of the lot, as compared to all other C-G zoned properties in the vicinity, makes it difficult to meet all of the development standards while providing adequate setbacks for the proposed coffee shop. The subject property has a width of 100 feet and a lot area of 0.34 acres, while all other lots in the immediate vicinity have much larger lot widths and sizes. If this property was of similar size and width, staff believes that the developer would be able to develop the site in accordance with all applicable Code requirements. Staff believes that the restaurant is designed in a manner that is sensitive to the adjacent properties by providing a reasonable front yard setback that is compatible with the area. With a variance, the property owner would be allowed to develop his property in a manner that is compatible with the other retail businesses in the vicinity. Because this lot size is smaller than surrounding properties, and because the lot size will be further reduced due to the future widening of Ball Road, staff believes that there are special circumstances applicable to the property and that the strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. Administrative Adjustment: The applicant requests an administrative adjustment to permit fewer parking spaces than required by the Zoning Code. The Planning Director has review authority over Administrative Adjustments, but may refer any application to the Planning Commission for review. Since the Conditional Use Permit and Variance must be approved by the Planning Commission, the Planning Director has referred the Administrative Adjustment to the Commission to provide a comprehensive evaluation of the project and to make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) The adjustment is consistent with the purposes and intent of the Zoning Code; 2) The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment; and CONDITIONAL USE PERMIT NO. 2015-05823, VARIANCE NO. 2015-05047, ADMINISTRATIVE ADJUSTMENT NO. 2015-00374 December 14, 2015 Page 5 of 5 3) The adjustment will not produce a result that is out of character or detrimental to the neighborhood. The proposed project requires 10 parking spaces; however, nine spaces are proposed. Typically, a deviation of less than 10 percent of Code required parking would be reviewed and administratively approved by staff. However, when proposed as part of a project requiring a public hearing, the request is combined with the other entitlements for consideration by the Commission. Staff is supportive of this minor deviation from the number of parking spaces required by the Zoning Code since the project would be providing 90 percent of the required parking spaces and the property is located in close proximity to several bus stops, making the use of public transportation and walking a viable alternative to the use of personal vehicles. Additionally, the use would primarily serve drive-through and take-out customers, as there would be no ordering or dining facilities inside the building. Parking spaces are anticipated to be used mostly by employees (with three to four on site at one time) and by customers stopping briefly to pick up orders at the take-out window. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within that class of projects (i.e., 3, New Construction) which consist of the construction and location of limited numbers of new, small facilities or structures, and that, therefore, pursuant to Section 15303 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. CONCLUSION: The proposed drive-through coffee shop is consistent with the goals of the property’s Neighborhood Center designation which encourages a vibrant mix of commercial uses to support the shopping and dining needs of the surrounding neighborhood. The drive-through lane has been designed to minimize impacts to surrounding uses and to ensure proper on- and off-site traffic flow. Additionally, the number of parking spaces being proposed would be adequate to accommodate this drive-through and take-out coffee shop. Staff recommends approval of this request. Prepared by, Submitted by, Ashley Hefner Jonathan E. Borrego Contract Planner, RRM Design Group Planning Services Manager Attachments: 1. Draft Conditional Use Permit, Variance, and Administrative Adjustment Resolution 2. Applicant’s Request Letter 3. Applicant’s Operations Letter 4. Plans 5. Photographs 6. Drive-Through Queuing Study 7. Development Summary C-GSERVICESTATION C-GIN 'N OUTRESTAURANT C-GOFFICES C-GRETAIL C-GSERVICE STATION C-GRETAIL C-GRESTAURANT C-GRESTAURANT ISERVICESTATION ITILE STORE ISERVICE STATION IRETAIL C-GRETAIL RM-4FOURPLEX RM-4FOURPLEX RM-4APTS8 DU RM-4APTS8 DU RM-4FOURPLEX RM-4FOURPLEX RM-4APTS8 DU E BALL RD S S T A T E C O L L E G E B L V D E ALMONT AVE E. BALL RD S . S U N K I S T S T E. CERRITOS AVE S . A N A H E I M B L V D S . E A S T S T S . L E W I S S T E. HOWELL AVE2013 East Ball Road DEV No. 2015-00090 Subject Property APN: 253-212-02 °0 50 100 Feet Aerial Photo:May 2014 E BALL RD S S T A T E C O L L E G E B L V D E ALMONT AVE E. BALL RD S . S U N K I S T S T E. CERRITOS AVE S . A N A H E I M B L V D S . E A S T S T S . L E W I S S T E. HOWELL AVE2013 East Ball Road DEV No. 2015-00090 Subject Property APN: 253-212-02 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05823, VARIANCE NO. 2015-05047, AND ADMINISTRATIVE ADJUSTMENT NO. 2015-00374 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00090) (2013 EAST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05823, Variance No. 2015-05047, and Administrative Adjustment No. 2015-00374 to permit the construction of a coffee shop with a drive-through lane, a front yard setback less than required by the Anaheim Municipal Code (“Code”), and fewer parking spaces than required by the Code (herein referred to collectively as the " Proposed Project") on that certain real property located at 2013 East Ball Road in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.34 acres in size and is currently developed with an existing vacant restaurant. The Property is located in the “C-G” General Commercial Zone and is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Code. The Land Use Element of the Anaheim General Plan designates the Property for Neighborhood Commercial land uses; and WHEREAS, notice of a public hearing on November 16, 2015 was duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project. On November 16, 2015, by motion, the Planning Commission continued the matter to December 14, 2015, at which time the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim to hear and consider evidence for and against the Proposed Project 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 construction and location of limited numbers of new, small facilities or structures. Section 15303 of the State CEQA Guidelines (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines") provides examples of projects that qualify for an exemption from the provisions of CEQA. The one example that is applicable to the Proposed Project is for "up to four… commercial buildings [such as a restaurant or similar structure] not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive." The Proposed Project fits within that example and, therefore, pursuant to Section 15303 of the State CEQA Guidelines, will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2015-*** 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. 2015-05823, does find and determine the following facts: 1. A drive-through coffee shop is considered to be a "Restaurant - Drive-Through" use within the meaning of the Code and is an allowable primary use under subsection .010 of Section 18.08.030 within the "C-G" General Commercial Zone, subject to approval of a conditional use permit. 2. The Proposed Project 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 Proposed Project has been designed to be compatible with surrounding commercial and residential uses because all traffic flows will be provided from an arterial highway, the one story building will be in scale with the surrounding uses, and a landscape buffer will be provided around the drive- through lane. 3. The size and shape of the site for the Proposed Project 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 Proposed Project has been designed to comply with all Code requirements (with the exception of the front setback and parking described below), including interior setbacks, building height, signs, and landscaping. 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 number of vehicles entering and exiting the site is consistent with typical retail businesses that would be permitted as a matter of right within the C-G (General Commercial) zone. WHEREAS, paragraphs .0101 and .0102 of Subsection .010 (Setbacks) of Section 18.08.060 (Structural Setbacks) of Chapter 18.08 (Commercial Zones of the Code require the minimum landscaped and structural setbacks in the Commercial Zones abutting an arterial highway, such as Ball Road, to be fifteen (15) feet, "as measured from the ultimate highway right-of-way line as designated on the Circulation Element of the General Plan". Those setback requirements apply in addition to the setback and yard requirements set forth in paragraph .0201 (Street Setbacks for Non-Residential and Multiple-Family Residential Lots) of Subsection .020 (Measurements) of Section 18.40.040 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) of the Code, which require "the minimum setbacks for all non- residential . . . lots and parcels adjoining [a] . . . public . . . street[] . . . [to] be measured from the closest building to the . . . [t]he ultimate right-of-way of any adjacent public street or arterial highway . . . ." Because the Proposed Project shows a setback of fifteen (15) feet from the ultimate right-of-way of Ball Road, the applicant has requested a variance from the setback requirements; 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 construct a drive-through coffee shop with a front setback less than required by the Code and fewer parking spaces than required by the Code, has determined that Variance No. 2014-05047 should be approved for the following reasons: - 3 - PC2015-*** SECTION NO. 18.08.060.010.0101 Minimum landscaped setback. (15 feet required; 10 feet proposed) SECTION NO. 18.08.060.010.0102 Minimum structural setback. (15 feet required; 10 feet proposed) SECTION NO. 18.40.040.020.0201 Minimum street setback. (15 feet required; 10 feet proposed) 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the Proposed Project. The subject property has a width of 100 feet and a lot area of 0.34 acres, while all other C-G zoned lots in the immediate vicinity have much larger lot widths and sizes. If this property was of similar size and width, the developer would be able to develop the site in accordance with all applicable Code requirements. 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity because this lot size is smaller than other surrounding C-G zoned properties in the vicinity. This makes it difficult to meet all of the development standards while providing adequate setbacks for the proposed coffee shop. WHEREAS, the Planning Commission does further find and determine that the request for Administrative Adjustment No. 2015-00374 should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (10 spaces required; 9 spaces proposed) 1. The adjustment is consistent with the purposes and intent of the Zoning Code. The proposed project would comply with all other development standards of the C-G Zone, with the exception of the front setback variance described above. The coffee shop will primarily serve drive-through and take-out customers, as there will be no ordering or dining facilities inside the building. Parking spaces are anticipated to be used mostly by employees (with three to four on site at one time) and by customers stopping briefly to pick up orders at the take-out window. 2. The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment since the only alternative to processing the adjustment is to impact the ability to maintain vehicle queueing onsite, and in a manner that does not block parking spaces; 3. The adjustment will not produce a result that is out of character or detrimental to the neighborhood as the proposed drive-through use is a compatible use in the area. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 4 - PC2015-*** NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2015-05823, Variance No. 2015-05047, and Administrative Adjustment No. 2015-00374, 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, (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. 2015-05823, Variance No. 2015-05047, and Administrative Adjustment No. 2015-00374 are 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. BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2015-05823, Variance No. 2015-05047, and Administrative Adjustment No. 2015-00374 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 2015. 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. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2015-*** - 7 - PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05823, VARIANCE NO. 2015-05047, AND ADMINISTRATIVE ADJUSTMENT NO. 2015-00374 (DEV2015-00090) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Correction Control Inspector. Public Utilities Department, Water Engineering Division 2 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Di vision of the Anaheim Public Utilities Department. Public Utilities Department, Water Engineering Division 3 This is a project with a landscaping area exceeding 2,500 square feet. A Landscape Documentation Package and a Certification of Completion are required and a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 6160 relating to landscape water efficiency. Public Utilities Department, Water Engineering Division 4 All existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities Department, Water Engineering Division 5 A plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. Public Works Department, Streets and Sanitation Division 6 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum Public Works Department, Streets and Sanitation Division - 8 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 7 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works Department, Development Services Division 8 The applicant shall submit to the Public Works Department/Development Services, for review and approval, a Water Quality Management Plan, as described in Drainage Area Management Plan for Orange County. Said WQMP shall: • Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. • Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. Public Works Department, Development Services Division 9 Any drainage above historical flow routed onto adjacent property must be directed to a recorded private drainage easement. Applicant must provide a copy of the recorded document (i.e. letter of acceptance of drainage, in a format acceptable to the City) to the Engineering Department prior to approval of the Grading Plan. Public Works Department, Development Services Division 10 Prior to approval of the grading plan all existing structures shall be demolished. The developer shall obtain a demolition permit from the Building Division. Public Works Department, Development Services Division 11 Prior to grading plan approval, the applicant shall submit a Final Drainage Study prepared by a registered professional Civil Engineer in the State of California. The Study shall be based upon and reference the latest edition of the Orange County Hydrology Manual the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The Study shall include: an analysis of 10-, 25- and 100-year storm frequencies; an analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition; and address whether off-site and/ or on-site drainage improvements (such as detention/ retention basins or surface runoff reduction) will be required to prevent downstream properties from becoming flooded. Public Works Department, Development Services Division - 9 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 12 The building shall be equipped with an alarm system (silent or audible). Police Department 13 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be visible during hours of darkness. Police Department 14 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This 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 Police Department 15 The rear doors of the premises shall be numbered with the same address numbers or suite number of the business. Minimum height of 4 inches is required. Police Department 16 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police Department 17 Rooftop address numbers shall be provided for the police helicopter. Numbers shall be a minimum size of 4 ft. by 2 ft. The lines of the numbers are to be a minimum of 6 inches thick. Numbers should be spaced 12 to 18 inches apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Rooftop numbers are not to be visible from ground level. Police Department 18 Prior to Building and Zoning Inspections all required WQMP items shall be inspected and operational. Public Works Department, Development Services Division OPERATIONAL CONDITIONS 19 If the applicant is unable to secure reciprocal access rights from the owners of the real property located immediately adjacent and to the north and east of the subject property allowing the applicant to have access for trash removal, the applicant and the property owner of the subject property shall enter into a Declaration of Covenants with the City, in a form satisfactory to the City Attorney, which shall be recorded in the Official Records of the County of Orange, to provide trash removal in accordance with a circulation plan acceptable to the Public Works Department and the trash removal service provider. If, on the other hand, the applicant is able to obtain access rights from said adjacent property owners, applicant shall provide evidence of such rights to the satisfaction of the Planning Director and the City Attorney, which shall be in the form of a document recorded in the Official Records of the County of Orange. Planning Department, Planning Services Division - 10 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 20 No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Planning Department, Code Enforcement Division 21 Adequate lighting of parking lots, driveway, circulation areas, aisles, 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 persons, property, and vehicles on-site. Police Department 22 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. 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. Planning Department, Code Enforcement Division 23 Ongoing during project operation, should the vehicle queue reach Ball Road, staff members shall be positioned at the end of the on-site queue area near the Ball Road entrance to direct traffic. This measure shall be implemented for a short timeframe, as needed, until the queue dissipates. Public Works Department, Traffic Engineering Division GENERAL CONDITIONS 24 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to building permits, grading permits, street improvement plans, water and electrical plans, landscape irrigation plans, and fire and life safety plans, etc. Planning Department, Planning Services Division 25 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 26 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 Planning Department, Planning Services Division - 11 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 27 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 ATTACHMENT NO. 2 www.evgre.com Phoenix,Arizona Glendale,California Denver,Colorado Dallas, Texas 2390 E. Camelback Rd., #410 200 N. Maryland Ave., # 201 1873 S. Bellaire St., #1106 190 Bee Caves Rd. Phoenix, AZ 85016 Glendale, CA 91206 Denver, CO 80222 Lucas, TX 75002 Phone: 877.384.7336 Fax: 602.808.9100 October 19, 2015 Via Email and Overnight Leticia Mercado City of Anaheim Department of Public Works-Operations Division 400 E. Vermont Anaheim, CA Re:Operations Letter for 2013 Ball Rd-Starbucks Dear Ms. Mercado, As discussed in our meeting on October 13 th our expected delivery times are as follows: The deliveries occur on a daily basis from 11 pm to 4 am. They occur once a day. Also, we would like to propose the following language for the scout truck for the trash pickup: While it is operating on site, Starbucks Corporation will agree to have their trash picked up on site with a full size trash truck so long as the access to the adjacent property to the north remains open.If ever, during its operation, that the access to the adjacent property to the north is closed, then Starbucks will be responsible for the incremental cost of using a scout truck as opposed to a full sized truck. Sincerely, Kayman Wong Evergreen Devco, Inc. ATTACHMENT NO. 3 A T T A C H M E N T N O . 4 Existing  building  to be  demolished Commercial complex  to the east ATTACHMENT NO. 5 Existing  building  on right,  In‐N‐Out  to north,  existing  vehicular  access  shown Existing  grand‐ fathered  billboard  sign‐west  property  line A T T A C H M E N T N O . 6 TABLE 1 SUMMARY OF DRIVE-THROUGH QUEUING DATA COLLECTION Average All Sites Site Average 7:15-7:30 AM 9.3 10.8 8.8 13.4 n/a 10.6 7:30-7:45 AM 12.0 10.0 7.3 12.9 6.25 9.7 7:45-8:00 AM 7.2 11.2 8.1 9.5 n/a 9.0 8:00-8:15 AM 11.5 13.3 7.6 9.7 n/a 10.5 8:15-8:30 AM 11.0 12.6 7.0 9.8 n/a 10.1 8:30–8:45 AM 12.2 14.1 n/a 15.6 n/a 14.0 Site Peak 7:00-7:15 AM 10 16 n/a n/a n/a 13.0 7:15-7:30 AM 12 14 9 n/a n/a 11.7 7:30-7:45 AM 12 10 10 15 11 11.6 7:45-8:00 AM 9 14 10 14 n/a 11.8 8:00-8:15 AM 13 15 11 12 n/a 12.8 8:15-8:30 AM 14 16 11 16 n/a 14.3 8:30–8:45 AM 13 15 n/a 17 n/a 15.0 8:45-9:00 AM 6 14 n/a n/a n/a 10.0 Site 85th %-ile 2 7:15-7:30 AM 9.8 11.4 10 15 n/a 11.6 7:30-7:45 AM 12 10 9 14.95 10.45 11.3 7:45-8:00 AM 8.4 13 9.4 12.65 n/a 10.9 8:00-8:15 AM 12.4 14.3 10 11 n/a 11.9 8:15-8:30 AM 12.3 14 10 12 n/a 12.1 8:30–8:45 AM 13 15 n/a 17 n/a 15.0 1 Source: Third party traffic study. Limited data provided. 2 85th percentile = The queue will be less than the queue shown 85% of the time. Summary of Starbucks Drive-Thru Queuing Data Queue Summary Westminster Orange Gardena H. Beach Glendora 1 PROJECT SUMMARY Development Standard C-G Standards Proposed Project Site Area None 0.34 acres Building Height 75 feet or 6 stories max. 18’-6” Floor Area Ratio* .50 .06 Front Landscape Setback 15 feet min. 10 feet to ultimate right-of-way Interior Setback None adjacent to commercial uses East: 0 feet to drive through lane West: 5 feet landscaped to drive though lane North: 5 feet landscaped to drive through lane Parking 10 spaces 9 spaces** * May be established or modified by CUP. ** An Administrative Adjustment is required to permit a 10% deviation in the Code requirement. ATTACHMENT NO. 7 200 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. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: DECEMBER 14, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05819 AND VARIANCE NO. 2015-05049 LOCATION: 5120 East La Palma Avenue, No. 102 (Avis Car Rental) APPLICANT/PROPERTY OWNER: The applicant is Donald A. Pierce with Avis Budget Group, Inc. and the property owner is Anaheim Hills Enterprises. REQUEST: The applicant requests approval of a conditional use permit to permit and retain a car rental agency within an existing industrial and office complex. The applicant also requests a variance to allow fewer parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends that the Planning Commission approve 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. 2015-05819 and Variance No. 2015-05049. BACKGROUND: This 6.8-acre property is developed with an industrial and office complex and is located in the Northeast Area Specific Plan, Development Area 2 - Expanded Industrial Area (SP94-1, DA2). The intent of this development area is to “provide increased opportunity for the development of a mix of light industrial and corporate headquarters, research and development uses, with essential support services at strategic locations.” The property is also located within the Scenic Corridor Overlay zone. The General Plan designates this property for Low Intensity Office uses. Surrounding land uses include industrial uses the east and west, an office complex to the north, across La Palma Avenue, and the Santa Ana River to the south. This application was filed in response to a Code Enforcement violation regarding this business operating without the proper business license. The Planning Commission recently approved two conditional use permits and associated parking variances to permit fitness facilities on this property. Specifically, on July 13, 2015, the Commission approved the 1,100 square foot Precision Fitness facility in Unit 105 of building 5140 within the complex. On November 16, 2015 the Commission approved a 2,350 square foot Jiu Jitsu facility in Unit 119 of building 5100 within the complex. CONDITIONAL USE PERMIT NO. 2015-05819 AND VARIANCE NO. 2015-05049 December 14, 2015 Page 2 of 4 PROPOSAL: The applicant proposes to permit and retain a car rental agency within an existing 1,700 square foot tenant space. No changes to the exterior of the building are proposed. The office is open seven days a week, except for various holidays. Office hours are from 8:00 a.m. to 6:00 p.m. Monday through Friday, 9:00 a.m. to 2:00 p.m. on Saturdays, and 9:00 a.m. to noon on Sundays. There are no after hours drop-offs of rental cars, or customers’ personal cars parked overnight on the site. The floor plan shows a lobby area, offices, and a warehouse/garage area in the rear of the unit. Minimal cleaning of rental cars occurs in the warehouse/garage area, including vacuuming of the interior and window cleaning. Exterior washing of vehicles is not conducted on site. No vehicle maintenance work is conducted on site. No hazardous chemicals are used or stored on site. There are typically one to two employees on site during regular business hours. Rental cars are displayed in five parking spaces in front of the business adjacent to La Palma Avenue. In addition to rental car display spaces in front of the business, rental cars are also stored in five spaces at the rear of the complex overnight. FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That 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; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. A conditional use permit is required to permit car rental agencies in this zone in order to determine compatibility with the surrounding area. Staff believes that the proposed use is compatible with the other industrial and commercial businesses located within this complex. This car rental business has been operating at this location for three years without any Code Enforcement complaints from adjacent businesses. With the conditions imposed, such as restricting operations to those outlined in the attached letter of request, the continuation of this use would not impact the operations or opportunities for expansion of other nearby office and industrial businesses, nor would the use be detrimental to the health and safety of the citizens of the City of Anaheim. CONDITIONAL USE PERMIT NO. 2015-05819 AND VARIANCE NO. 2015-05049 December 14, 2015 Page 3 of 4 Parking Variance: A variance shall be granted upon a finding by the Planning Commission or City Council that the evidence presented shows that all of the following conditions exist: 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; 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; 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; 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; 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. The Zoning Code requires that parking demand be calculated by combining the needs of the car rental agency and the industrial, restaurant, fitness, and office uses on the property. The entire complex requires a total of 479 parking spaces; 12 are required for the car rental agency and 467 spaces are required for the other uses within the complex. The property contains a total of 374 Code compliant parking spaces, including 7 handicapped spaces. There are also 124 compact sized spaces on the property; however, these spaces are not Code compliant and cannot be counted in the parking supply. The table below provides a summary of the parking requirement by land use, and the attached tenant list provides a detailed breakdown of units, uses, and square footage for all tenant spaces within the complex. Use Class Total Sq. Ft. by Use Class Parking Spaces Required (per 1,000 sq. ft. of GFA) Total Spaces Required by Use Class Avis Auto Rental 1,700 4 12* Office/Warehouse 47,600 1.55 71.4 Office/Admin. 65,200 4 260.8 Fitness 11,250 5.5 69.0 Medical Office 3,200 6 19.2 Restaurant 1,800 8 14.4 Industrial 3,900 1.55 5.9 Religious Assembly 4,600 Approved by CUP 26.0 TOTAL 139,250 479 * Five additional display spaces for Avis are proposed, resulting in 12 total spaces required for this business. CONDITIONAL USE PERMIT NO. 2015-05819 AND VARIANCE NO. 2015-05049 December 14, 2015 Page 4 of 4 Staff made two recent site visits to the property and observed that there is adequate parking available on the property to accommodate the existing uses. More specifically, staff conducted a parking survey on Thursday, November 12, 2015 and observed that a maximum of 143 spaces were occupied on the site at 12:00 p.m. In addition, staff conducted two parking surveys in July associated with the July 13, 2015 Precision Fitness conditional use permit and observed that a maximum of 216 spaces were occupied on the site at that time. The surveys were conducted on a Monday morning at 11:00 a.m. and a Tuesday afternoon at 4:30 p.m. Because the car rental agency has only two employees on site at a time, with customers on site for a short period of time, staff believes that the number of parking spaces on site is adequate to accommodate the proposed business and without impact to the surrounding public streets or properties. The business can also accommodate the five rental car display spaces without any impacts on the surrounding businesses. Environmental Impact Analysis: Staff recommends that the Planning Commission find that the effects of the proposed project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) 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. CONCLUSION: Staff believes that the conditions exist for Planning Commission to make the required findings to approve this request. The car rental agency is compatible with the industrial, office and commercial uses within the complex. The number of parking spaces provided is adequate to accommodate the car rental agency based upon staff’s observations of the site during the peak weekday hours. Staff recommends approval of this request. Prepared by, Submitted by, Ashley Hefner Jonathan E. Borrego Contract Planner, RRM Design Group Planning Services Manager Attachments: 1. Draft Conditional Use Permit and Variance Resolution 2. Applicant’s Request Letter 3. Tenant List 4. Site and Floor Plans 5. Site Photographs SP 94-1 (SC)DA2OFFICES SP 94-1 (SC)DA2OFFICES SP 94-1 (SC)DA2NBTYMANUFACTURING SP 94-1 (SC)DA2INDUSTRIAL SP 94-1 (SC)DA2INDUSTRIALSP 94-1 (SC)DA2INDUSTRIAL T (SC)SANTA ANA RIVER T (SC)SANTA ANA RIVER OFFICE ANDINDUSTRIAL E LA PALMA AVE N K E L L O G G D R E. LA PALMA AVE N . I M P E R I A L H W Y N . L A K E V IE W A VEE.SANTA AN A CANYONRD E. ORANGETHORPE AVE E .R I V E R D A L E A V E S . R I C H F I E L D R D 5120 East La Palma Avenue DEV No. 2015-00076 Subject Property APN: 346-442-02 °0 50 100 Feet Aerial Photo:May 2014 E LA PALMA AVE N K E L L O G G D R E. LA PALMA AVE N . I M P E R I A L H W Y N . L A K E V IE W A VEE.SANTA AN A CANYONRD E. ORANGETHORPE AVE E .R I V E R D A L E A V E S . R I C H F I E L D R D 5120 East La Palma Avenue DEV No. 2015-00076 Subject Property APN: 346-442-02 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05819 AND VARIANCE NO. 2015-05049 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00076) (5120 EAST LA PALMA AVENUE, SUITE NO. 102) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2015- 05819 to permit a car rental agency within an existing office and industrial complex, and (ii) Variance No. 2015-05049 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code") (collectively referred to herein as the "Proposed Project") for premises located at 5120 East La Palma Avenue, Suite 102 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 is approximately 6.8 acres in size and is currently developed with an industrial and office complex. 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 of Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) of the Code, combined with the zoning and development standards of the underlying base zone for the Property, which is the "I" Industrial Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall apply to the Property and shall supersede any inconsistent regulations of the "I" Industrial Zone. The Anaheim General Plan designates the Property for Office-Low land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 14, 2015 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 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2015-05819 and Variance No. 2015-05049, 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 effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) 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 - PC2015-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2015-05819, does find and determine the following: 1. The proposed request to permit a car rental agency within an existing industrial and office complex is properly one for which a conditional use permit is authorized under the classes of allowable primary uses set forth in Table 10-A (Primary Uses: Industrial Zone) as "Automotive–Vehicle Sales, Lease & Rental", as referenced in paragraph .0402 of subsection .040 of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Code. 2. The proposed conditional use permit to permit a car rental agency, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the car rental agency would be located within an existing building surrounded by compatible buildings and uses. 3. The size and shape of the site for the use is adequate to allow the full development of the car rental agency in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing industrial and office building that is surrounded by industrial and office uses. 4. The traffic generated by the car rental agency 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 adequate parking will be provided to accommodate the use. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding office and industrial area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the number of off-street parking spaces required under the Code for the proposed car rental agency, when added to the total number of such parking spaces required by the Code and the total number of such spaces that exist at the Property, represents a small or de minimis increase. Nevertheless, because the number of parking spaces required by the Code for all uses, including the Proposed Project, is less than the actual number of parking spaces that exist, a variance must be approved for the Property; and WHEREAS, based upon the request letter submitted by the applicant and observations made by staff, the Planning Commission does further find and determine that the request for a variance for less parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (479 spaces required; 374 spaces proposed) - 3 - PC2015-*** 1. The variance for the Property, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the Property, including the proposed car rental agency, than the number of such spaces necessary to accommodate all vehicles attributable to all uses at the Property under the normal and reasonably foreseeable conditions of operation of such uses. With respect to the other industrial and office complex uses, the observations made by staff indicate that the number of parking spaces needed and used are less than the number of spaces that exist, and the parking demand will not exceed the the minimum number of spaces required by the Code; 2. That the variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate the peak parking demands of all combined uses on the site; 3. That the variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Property because the on-site parking for the industrial and office complex, including the proposed car rental agency, will adequately accommodate peak parking demands of all uses on the site; 4. That the variance for the Property, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the Property because the Property provides adequate ingress and egress points, which are designed to allow for adequate on-site circulation; and 5. That the variance for the Property, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property because the Property 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 Property. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 4 - PC2015-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. No. 2015-05819 and Variance No. 2015-05049, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property under Variance No. 2015-05049 and Conditional Use Permit No. 2015-05819 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 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 December 14, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 14, 2015 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2015-*** - 7 - PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05819 AND VARIANCE NO. 2015-05049 (DEV2015-00076) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied. Planning and Building Department, Code Enforcement Division 2. No after hours drop-off of rental cars, or overnight parking of client’s personal cars, shall be allowed on-site. Planning and Building Department, Code Enforcement Division 3. No more than five rental cars may be stored on site at any time and these vehicles shall be stored within the designated parking lot area as shown on the approved exhibits. Planning and Building Department, Code Enforcement Division 4. No signage shall be applied to any cars in the parking lot associated with the car rental agency. Planning and Building Department, Code Enforcement Division 5. No washing, repair, or maintenance of rental cars shall be conducted on-site. Planning and Building Department, Code Enforcement Division 6. The business 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 that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division GENERAL CONDITIONS OF APPROVAL 7. 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 Planning and Building Department, Planning Services - 8 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. Division 8. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 9. The premises of the car rental agency shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner, which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division Avis Budget Car Rental, LLC.  6 Sylvan Way  Parsippany, NJ  07054    CUP Request – 5120 E. La Palma Ave, Suite 102, Anaheim Hills, CA  92807    The Avis Budget Group proposes that it will operate a Car Rental office at 5120 E La Palma, Suite #102,  Anaheim Hills, CA.  The office will be open 7 days a week, except for various Holiday closures.  Office hours will be 8AM to  6PM Monday thru Friday.  9AM to 2PM on Saturday.  9AM to 12 Noon on Sunday.  There will be no  afterhours drop off allowed.   The location will handle both the Avis and Budget brands.  The car rental fleet is the same.  The location will be allowed 5 non‐exclusive parking spaces by the Landlord.  The location will carry small cars to larger SUV’s for rent, depending on demand.  There will be minimal cleaning done in the garage area of the space.  Vacuuming of the interior and  window cleaning.  No washing of vehicles will take place.    Signage will be consistent with the Shopping Center’s current signage guidelines.  There will be no Maintenance work done on site on the rental vehicles.  No hazardous Chemicals will be  on site.  The location will staffed with 1 ‐2 employee’s depending on business demand.  There will be no signage on any cars in the parking lot.  Avis Budget will install an 8 foot rental counter near the front entrance of the space.  There will be no  further build out will be necessary inside the space.  No customer cars will be allowed to park overnight.  ATTACHMENT NO. 2 ANAHEIM HILLS BUSINESS CENTER Tenant List Address Suite #Current Tenant Use Provided by Property Owner Staff Determined Use Class Unit Sq. Ft. Parking Space Req. (spaces/sq. ft.) Total Spaces Required by Use Class/ Approval 5120 102 Avis Rent A Car Retail Automotive-Lease 1700 4/1000 7 5100 119 GRACIE BARRA Fitness Fitness 2350 CUP 10 5140 105 Precision Fitness Fitness Fitness 1100 5.5/1000 6 5100 117 Pilates Body Pilates Studio Fitness 2300 5.5/1000 13 5100 108 Rock City Retail Fitness 1600 5.5/1000 9 5100 109 Rock City Retail Fitness 1600 5.5/1000 9 5100 110 Rock City Retail Fitness 2300 5.5/1000 13 5100 106 Hydracon Office/Admin Industrial 1600 1.5/1000 2 5120 208 PWB America Office/Admin Industrial 1250 1.5/1000 2 5130 101 Sunrise Sewing Serv Office/Admin Industrial 1050 1.5/1000 2 5100 104 Hands on Wellness Chiropractic Medical Office 1600 6/1000 10 5100 105 Hands on Wellness Chiropractic Medical Office 1600 6/1000 10 5100 101 Theresa Smith Office/Admin Office/Admin 1750 4/1000 7 5100 107 Vickie Daley Office/Admin Office/Admin 1600 4/1000 6 5100 114 Cypress Distr Office/Admin Office/Admin 2300 4/1000 9 5100 115 JUSA Office/Admin Office/Admin 2300 4/1000 9 5100 116 John Metzen Office/Admin Office/Admin 2300 4/1000 9 5100 118 John Metzen Office/Admin Office/Admin 2300 4/1000 9 5100 201 Reliable Hospice Office/Admin Office/Admin 1750 4/1000 7 5100 202 Major League (roofers)Office/Admin Office/Admin 1750 4/1000 7 5100 204 Hands on Wellness Office/Admin Office/Admin 700 4/1000 3 5100 205 Hoss Williams (Structural Engineers)Office/Admin Office/Admin 700 4/1000 3 5100 206 Farmers Insurance Office/Admin Office/Admin 700 4/1000 3 5100 207 Tony Canzone (Farmers Insurance)Office/Admin Office/Admin 700 4/1000 3 5100 208 Luz Delgadillo Office/Admin Office/Admin 700 4/1000 3 5100 213 CMS Hospice Office/Admin Office/Admin 700 4/1000 3 5120 105 Valmax Realty Office/Admin Office/Admin 1700 4/1000 7 5120 201 Premier Sales Office/Admin Office/Admin 1100 4/1000 4 5120 203 Valmax Realty Office/Admin Office/Admin 800 4/1000 3 5120 205 Mark Shipman Office/Admin Office/Admin 1000 4/1000 4 5120 206 Michelle Ghidotti (Law office)Office/Admin Office/Admin 1000 4/1000 4 5120 207 Chad Maddox (Law office)Office/Admin Office/Admin 1100 4/1000 4 5120 209 Diane Weifenbach (Law office)Office/Admin Office/Admin 850 4/1000 3 5130 109 Continental Interiors Office/Admin Office/Admin 1100 4/1000 4 5130 110 Dynamic Engineer Office/Admin Office/Admin 1100 4/1000 4 5130 113 With HOPE Office/Admin Office/Admin 1050 4/1000 4 5130 201 Michelle Ghidotti (Law office)Office/Admin Office/Admin 1100 4/1000 4 5130 202 Zack Westphal Office/Admin Office/Admin 1050 4/1000 4 5130 203 Brian Lubeley Office/Admin Office/Admin 1000 4/1000 4 5130 204 IOSM Office/Admin Office/Admin 1500 4/1000 6 5130 205 Christian Jordan Office/Admin Office/Admin 1100 4/1000 4 5130 206 WS Potter Office/Admin Office/Admin 1100 4/1000 4 5130 208 Doug Ecks Office/Admin Office/Admin 1100 4/1000 4 5130 209 AES Global Office/Admin Office/Admin 1100 4/1000 4 5130 212 South Coast Counsel Office/Admin Office/Admin 1050 4/1000 4 5130 213 RL Caraig Inc Office/Admin Office/Admin 1100 4/1000 4 5140 103 Mike Barnes (Reinbold Gallery)Office/Admin Office/Admin 1200 4/1000 5 5140 203 Chad McLain (Exodus Escape Room)Office/Admin Office/Admin 1800 4/1000 7 5140 207 David Johnson Office/Admin Office/Admin 1900 4/1000 8 5150 106 Mark Rhone (Stonebrook Services Insurance Agency)Office/Admin Office/Admin 1000 4/1000 4 *Bolded items represent units where staff has determined a different Use Class than that provided by the property owner. ATTACHMENT NO. 3 ANAHEIM HILLS BUSINESS CENTER Tenant List Address Suite # Current Tenant Use Provided by Property Owner Staff Determined Use Class Unit Sq. Ft. Parking Space Req. (spaces/sq. ft.) Total Spaces Required by Use Class/ Approval 5150 108 William Roman Office/Admin Office/Admin 1000 4/1000 4 5150 110 Videotech Office/Admin Office/Admin 1000 4/1000 4 5150 112 J & B Invest Office/Admin Office/Admin 950 4/1000 4 5150 113 Margaret Yaros Office/Admin Office/Admin 950 4/1000 4 5150 114 Laura Milham (Bartending Training)Office/Admin Office/Admin 1000 4/1000 4 5150 201 Steel Distributors (SDI)Office/Admin Office/Admin 1050 4/1000 4 5150 202 Reliable Hospice Office/Admin Office/Admin 950 4/1000 4 5150 203 Yoon Tee Hai Office/Admin Office/Admin 1000 4/1000 4 5150 205 Emeral Tech Office/Admin Office/Admin 1000 4/1000 4 5150 208 Net 1 Funding Office/Admin Office/Admin 1000 4/1000 4 5150 214 Pool Route Pros Office/Admin Office/Admin 1050 4/1000 4 5140 201 Sierra Cybernetics Office/Admin Office/Admin 1500 4/1000 6 5120 103 Linda Ayala Retail Office/Admin 1900 4/1000 8 5120 106 Copytron Printing Retail Office/Admin 1600 4/1000 6 5130 105 Dial-a-Copy Retail Office/Admin 1100 4/1000 4 5100 113 SMC Enterprises Office/Warehouse Office/Warehouse 1600 1.55/1000 2 5130 103 Adam Chaves Office/Warehouse Office/Warehouse 900 1.55/1000 1 5130 104 Kyle Hanenberg Office/Warehouse Office/Warehouse 1500 1.55/1000 2 5130 107 Nichee Office/Warehouse Office/Warehouse 1100 1.55/1000 2 5130 108 Dennis Anderson Office/Warehouse Office/Warehouse 1100 1.55/1000 2 5130 111 California Pellet Office/Warehouse Office/Warehouse 1100 1.55/1000 2 5130 112 Magellan Solution Office/Warehouse Office/Warehouse 1000 1.55/1000 2 5140 102 Fernando Naidich Office/Warehouse Office/Warehouse 1100 1.55/1000 2 5140 106 David Johnson Office/Warehouse Office/Warehouse 2000 1.55/1000 3 5140 107 David Johnson (Interior Affairs)Office/Warehouse Office/Warehouse 1800 1.55/1000 3 5150 101 Savvy Interior Office/Warehouse Office/Warehouse 1000 1.55/1000 2 5150 102 Tom Coudayre Office/Warehouse Office/Warehouse 950 1.55/1000 1 5150 104 VIAA Office/Warehouse Office/Warehouse 850 1.55/1000 1 5150 107 Beta Diamond Office/Warehouse Office/Warehouse 1000 1.55/1000 2 5150 111 Yoonmo Kang Office/Warehouse Office/Warehouse 950 1.55/1000 1 5150 211 Yoonmo Kang Office/Warehouse Office/Warehouse 1000 1.55/1000 2 5150 109 Wing Lam Ofiice/Warehouse Office/Warehouse 1000 1.55/1000 2 5100 209 Vacant Office/Warehouse Office/Warehouse 700 1.55/1000 1 5100 219 Vacant Office/Warehouse Office/Warehouse 2350 1.55/1000 4 5120 104 Vacant Office/Warehouse Office/Warehouse 1900 1.55/1000 3 5120 202 Vacant Office/Warehouse Office/Warehouse 2000 1.55/1000 3 5120 204 Vacant Office/Warehouse Office/Warehouse 1600 1.55/1000 2 5130 102 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 2 5130 106 Vacant Office/Warehouse Office/Warehouse 1100 1.55/1000 2 5130 207 Vacant Office/Warehouse Office/Warehouse 1100 1.55/1000 2 5130 210 Vacant Office/Warehouse Office/Warehouse 1100 1.55/1000 2 5130 211 Vacant Office/Warehouse Office/Warehouse 1100 1.55/1000 2 5140 101 Vacant Office/Warehouse Office/Warehouse 1500 1.55/1000 2 5140 104 Vacant Office/Warehouse Office/Warehouse 1350 1.55/1000 2 5140 202 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 2 5140 206 Vacant Office/Warehouse Office/Warehouse 1900 1.55/1000 3 5150 105 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 2 5150 204 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 2 5150 206 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 2 5150 207 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 2 5150 209 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 2 *Bolded items represent units where staff has determined a different Use Class than that provided by the property owner. ANAHEIM HILLS BUSINESS CENTER Tenant List Address Suite # Current Tenant Use Provided by Property Owner Staff Determined Use Class Unit Sq. Ft. Parking Space Req. (spaces/sq. ft.) Total Spaces Required by Use Class/ Approval 5150 210 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 2 5150 212 Vacant Office/Warehouse Office/Warehouse 1000 1.55/1000 2 5150 213 Vacant Office/Warehouse Office/Warehouse 950 1.55/1000 1 5100 111 South Coast Worship Office/Admin Religious Assembly 2300 CUP 0 5100 112 South Coast Worship Office/Admin Religious Assembly 2300 CUP 26 5120 101 Sushi & Teriyaki Restaurant Restaurant 1800 8/1000 14 TOTAL 139,250 463 *Bolded items represent units where staff has determined a different Use Class than that provided by the property owner. ATTACHMENT NO. 4 11/16/2015 1 Front  Entrance Interior  Offices ATTACHMENT NO. 5 11/16/2015 2 Interior  Hallway 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. S H A R B O R B L V D S H A R B O R B L V D W W A T E R S T S H E L E N A S T W. BALL RD S . E A S T S T E. L INC O LN AVE E. BALL RDS. W A L N U T S T W . B R O A D WAYW.LINCOLN AVE S. M A N C H E STE R AV E E . B R O A D W A Y S . A N A H E I M B L V D W .L IN C O L N A V E W. BROADWAY 558 South Harbor Boulevard DEV No. 2015-00104 Subject Property APN: 036-211-23 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2015-05043 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00104) (558 SOUTH HARBOR BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified petition for Variance No. 2015-05043 to permit less parking spaces than required by the Zoning Code for a proposed endodontic dental office (herein referred to as the "Proposed Project") for certain real property located at 558 South Harbor 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 one parcel, is currently developed with a two story office building. The Anaheim General Plan designates the Property for Low Density Residential land uses. The Property is located in the “O-L” Low-Intensity Office, meaning that the regulations contained in Chapter 18.08 (Commercial Zone) of the Anaheim Municipal Code (the "Code") shall apply; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 14, 2015 at 5:00 p.m. and notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Variance No. 2015-05043 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) 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. Since the Proposed Project consists of no expansion or modification of the existing office building, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2015-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Variance No. 2015-05043 to allow the operation of an endodontic dental office with fewer parking spaces than required by code, should be approved for the following reasons: SECTION NO. 18.42.040 Minimum Number of Parking Spaces. (27 spaces required: 18 spaces proposed) 1. The Proposed Project will not cause fewer off-street parking spaces to be provided for the proposed use than the number of spaces necessary to accommodate an endodontic dental office on the Property. Based upon a parking analysis submitted by the applicant, the existing 18 on-site parking spaces can accommodate all vehicles attributable to the proposed use within the office building under the normal and reasonably foreseeable conditions of operation each and all of the uses. 2. The requested parking variance will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Property. A patient log and a letter of operation were submitted to justify the requested variance. The letter states that there will be a maximum of seven people in the office at any time during regular business hours. This demand is based on patient logs that were taken for three days at the current location of the applicant’s endodontic dental office in the City of Garden Grove. This business is a specialized dental office that schedules a maximum of eight patients per day by appointment only. 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 Property in that the applicant has provided an analysis of the existing dental office during peak hours which show that a majority of the parking stalls were not used. 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 Property because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. 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 Property in that assessments taken during peak hours have shown that additional parking remains available. Therefore, the proposed endodontic dental office will not increase the demand and competition for parking spaces upon the public streets and in the immediate vicinity. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 3 - PC2015-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2015-05043, 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 2015. Said Resolution is subject to the appeal provisions set forth in Section 18.60.130 (Appeals – Planning Commission Decisions) of Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** - 6 - PC2015-*** EXHIBIT “B” VARIANCE NO. 2015-05043 (DEV2015-00104) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 Any graffiti painted or marked upon the business premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied or discovered by the business owner. Planning and Building Department, Code Enforcement Division 2 The business 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 that document, shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. In addition, any leasing of additional office space within the building shall also be subject to review and approval of the Planning Director to determine substantial conformance with this permit. Planning and Building Department, Planning Services Division GENERAL CONDITIONS 3 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “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 and Building Department, Planning Services Division 4 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 5 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 and Building Department, Planning Services Division ATTACHMENT NO. 2 ATTACHMENT NO. 3 ATTACHMENT NO. 4 A T T A C H M E N T N O . 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. 7 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: DECEMBER 14, 2015 SUBJECT: VARIANCE NO. 2015-05036 LOCATION: 1308 North Patt Street APPLICANT/PROPERTY OWNER: The applicant and property owner are Michael Bridgford and the agent is Joel Kott. REQUEST: The applicant is requesting approval of a variance to permit less parking spaces than required by the Zoning Code and remove an accessory parking lot for an existing food manufacturing facility. 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 Variance No. 2015-05036. BACKGROUND: The 3.35-acre project site is located in the I (Industrial) zone and is designated for Industrial land uses by the General Plan. The property is developed with a 88,670 square foot food manufacturing and distribution plant with 9,520 square feet of outdoor storage. Surrounding land uses include warehousing and manufacturing to the south and east, a sand and gravel batching facility to the west and the SR-91 freeway to the north. PROPOSAL: The applicant requests approval of a parking variance to permit less parking than required by the Zoning Code. Bridgford Foods has manufactured and distributed food products on the subject property since 1945. During a previous expansion of operations in 1991, the vacant parcels to the south, which are outlined in blue on the map below, and having the address of 401 East Commercial Street, were acquired to provide additional parking spaces to accommodate employees and distribution trucks. According to the applicant, the company downsized operations and stopped direct-to-store deliveries in California, Arizona and Nevada. As of September 1, 2014, they sold all of their delivery trucks that were kept on site and reduced the number of staff by 50. The main plant continues to produce deli meats, sandwiches, pastries and other refrigerated edibles. Currently, the business has a maximum daily range of 45 to 55 employees due to rotating shifts. The main facility at 1308 North Patt Street contains 67 parking spaces. The applicant proposes to sell or lease the southerly parcels for a future storage facility and provide all parking for the business on the northerly parcel. The owner requests a parking variance due to the loss of these spaces on the southerly parcel. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net VARIANCE NO. 2015-005036 December 14, 2015 Page 2 of 4 FINDINGS AND ANALYSIS: The Zoning Code permits food manufacturing by right in the I “Industrial” zone. A parking variance is being requested by the applicant to permit less parking than required by the Zoning Code for an existing food manufacturing use. A parking variance shall be granted upon a finding by the Planning Commission or City Council that the evidence presented shows that all of the following conditions exist. 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; 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; 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; VARIANCE NO. 2015-005036 December 14, 2015 Page 3 of 4 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; 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. Under the Zoning Code, the existing food manufacturing use requires a total of 150 parking spaces based on the following parking tabulation: Land Use Category Parking Ratio (spaces per 1,000 sq. ft.) Existing Square Footage Required Parking Manufacturing and Warehousing 1.55 76,170 118.06 Office (10% of building sq. ft.) 1.55 8,867 13.75 Office (above 10% of building sq. ft.) 4 3,683 14.73 Outdoor Storage 0.4 9,520 3.81 Total Spaces Required 150 Total Spaces Provided 67 The applicant is proposing to provide 67 parking spaces. A letter of operation was submitted by the applicant to justify the requested variance. The letter states that at peak demand, there will be a maximum of 55 employees on site in addition to an estimated two customers an hour for pick-up during normal business hours on Monday through Friday. A condition of approval has been included in the draft resolution requiring staff review and approval for any future changes to the operation, including potential increases in the number of employees. The applicant indicates that the remainder of the employee vehicles parked on the southerly parcel at 401 East Commercial Street will be transitioned to the main parcel if the variance is approved. The property owner intends to sell or lease the vacant parcel to a future outdoor storage tenant in compliance with the site screening and fencing requirements of the Zoning Code. Because the demand for parking spaces on the main parcel is lower than the number of available spaces, approval of the variance will not negatively impact surrounding sites or streets. Environmental Impact Analysis: Staff recommends that the Planning Commission find that the effects of the proposed project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) 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. VARIANCE NO. 2015-005036 December 14, 2015 Page 4 of 4 CONCLUSION: Staff believes that the conditions exist for the Planning Commission to make the required findings to approve this request. The number of parking spaces provided is adequate to accommodate the reduced operations, and the removal of an accessory parking lot, for an existing food manufacturing facility. For these reasons, staff recommends approval of the requested variance. Prepared by, Submitted by, Kevin Clausen Quiroz Jonathan E. Borrego Planner Planning Services Manager Attachments: 1. Draft Variance Resolution 2. Applicant’s Letter of Request 3. Site Photographs 4. Site Plan C-GRETAIL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IM C R FURNITURE IDIVERSIFIEDASPHALTPRODUCTS IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL 91 FREEWAY E COMMERCIAL ST N P A T T S T E COMMERCIAL ST N O L I V E S T N P A T T S T E. LA PALMA AVE N . E A S T S T N . A C A C I A S T W. LA PALMA AVE N . A N A H E I M B L V D 1308 North Patt Street DEV No. 2015-00097 Subject Property APN: 267-081-13267-081-01267-081-14 °0 50 100 Feet Aerial Photo:May 2014 91 FREEWAY E COMMERCIAL ST N P A T T S T E COMMERCIAL ST N O L I V E S T N P A T T S T E. LA PALMA AVE N . E A S T S T N . A C A C I A S T W. LA PALMA AVE N . A N A H E I M B L V D 1308 North Patt Street DEV No. 2015-00097 Subject Property APN: 267-081-13267-081-01267-081-14 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2015-05036 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00097) (1308 NORTH PATT STREET) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified petition for Variance No. 2015-05036 to permit less parking spaces than required by the Zoning Code for an existing food manufacturing facility (herein referred to collectively as the "Proposed Project") for certain real property located at 1308 North Patt Street 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 one parcel, is currently developed with a food manufacturing plant. The Anaheim General Plan designates the Property for Industrial land uses. The Property is located in the “I” Industrial Zone, meaning that the regulations contained in Chapter 18.10 (Industrial Zone) of the Anaheim Municipal Code (the "Code") apply to the use of the Property; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 14, 2015 at 5:00 p.m. and notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Variance No. 2015-05036 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) 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. Since the Proposed Project consists of no expansion or modification of an existing food manufacturing plant, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2015-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Variance No. 2015-05036 to permit less parking than required by Code for an existing food manufacturing facility, should be approved for the following reasons: SECTION NO. 18.42.040 Minimum Number of Parking Spaces. (150 spaces required: 67 spaces provided) 1. The existing uses at the Property will not cause fewer off-street parking spaces to be provided for the proposed and existing uses than the number of spaces necessary to accommodate the business on the Property. Based upon a parking analysis submitted by the applicant, the existing 67 on-site parking spaces can accommodate all vehicles attributable to the existing food manufacturing plant under the normal and reasonably foreseeable conditions of operation. 2. The requested parking variance will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Property. A parking analysis prepared by the applicant was submitted to justify the requested variance. The analysis indicated a maximum of 55 employees on site and no more than two customer pick-ups per hour. 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 Property in that the applicant has provided an written analysis indicating the number of employees and customers will not exceed the number of parking spaces during peak demand. 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 Property because the 67 on-site parking spaces can accommodate all vehicles attributable to the business operations on the Property. 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 Property in that assessments taken on-site during peak hours have shown that additional parking remains available. Therefore, the continuation of the existing food manufacturing use will not increase the demand and competition for parking spaces upon the public streets and in the immediate vicinity. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 3 - PC2015-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2015-05036, 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 2015. Said Resolution is subject to the appeal provisions set forth in Section 18.60.130 (Appeals – Planning Commission Decisions) of Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** - 6 - PC2015-*** EXHIBIT “B” VARIANCE NO. 2015-05036 (DEV2015-00097) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 Any graffiti painted or marked upon the business premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied or discovered by the business owner. Planning and Building Department, Code Enforcement Division 2 The business 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 that document, shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division GENERAL CONDITIONS 3 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “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 and Building Department, Planning Services Division 4 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 5 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 and Building Department, Planning Services Division ATTACHMENT NO. 2 A T T A C H M E N T N O . 3 FREEZER FREEZER SHIPPING DOCK MACHINE ROOM OUTDOOR STORAGE CANOPY OUTDOOR STORAGE CANOPY SHED OUTDOOR STORAGE CANOPY MANUFACTURING AND OFFICES MANUFACTURING AND STORAGE 9 9 15 15 14 5 PA T T S T R E E T 91 FREEWAY COMMERCIAL STREET PRIVATE ACCESS EASEMENT PRIVATE ACCESS EASEMENT 1308 NORTH PATT ST BRIDGFORD FOODS MAIN PLANT 401 EAST COMMERCIAL ST VACATED OUTDOOR STORAGE LOT (PROPERTY TO BE SOLD OR LEASED) Use Category Parking Ratio Existing Square Footage Required Parking Manufacturing and warehousing 1.55 spaces per 1,000 sq. ft. 76,170 118.06 Office (10% of building sq. ft.) 1.55 spaces per 1,000 sq. ft. 8,867 13.75 Office (above 10% of building sq. ft.) 4 spaces per 1,000 sq. ft. 3,683 14.73 Outdoor Storage 0.4 spaces per 1,000 sq. ft. 9,520 3.81 Total Spaces Required 150 Total Spaces Provided 67 SITE INFORMATION SUBJECT ADDRESS: 1408 NORTH PATT ST APN: 267-081-01 APPLICANT: MICHAEL BRIDGFORD BRIDGFORD FOODS SCOPE OF WORK: NO NEW CONSTRUCTION. REQUEST FOR PARKING VARIANCE TO REDUCE REQUIRED NUMBER OF SPACES ON SUBJECT PARCEL FOR EXISTING FOOD MANUFACTURING AND WAREHOUSE USE. TRUCK DOCKS ATTACHMENT NO. 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 8 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: DECEMBER 14, 2015 SUBJECT: RECLASSIFICATION NO. 2015-00280 CONDITIONAL USE PERMIT NO. 2015-05804 AND TENTATIVE TRACT MAP NO. 17882 LOCATION: 1609 and 1615 West Cerritos Avenue APPLICANT/PROPERTY OWNER: The property owner is En K. Ha and the applicant is Jeff Weber, representing Silveroak Corporation. REQUEST: The applicant requests approval of the following applications: 1) A Zoning Reclassification to rezone the property from the “RS-2” Single- Family Residential zone to the “RS-4” Single-family Residential zone; 2) A Conditional Use Permit to permit an 11-unit, detached, small-lot single-Family residential project, including a deviation from the City’s private street standard pertaining to parkway widths; and 3) A Tentative Tract Map to establish an 11-lot residential subdivision. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolutions determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 32, Infill Development Projects) and approving Reclassification No. 2015-00280, Conditional Use Permit No. 2015-05804, and Tentative Tract Map No. 17882. BACKGROUND: The 1.93-acre project site consists of two properties and is currently developed with two single-family homes. The properties are located in the RS-2 (Single-Family Residential) zone. The properties are designated for Low Density Residential land uses by the General Plan. Surrounding land uses include single-family homes in the RS-2 zone to the north, south, east and west. This item was continued from the September 21, October 19, and November 2, 2015 Planning Commission meetings to allow additional time for the developer to address outstanding issues with the proposed site plan and to provide an opportunity to respond to comments and concerns received from the surrounding community. RECLASSIFICATION NO. 2015-00280, CONDITIONAL USE PERMIT NO. 2015-05804 AND TENTATIVE TRACT MAP NO. 17882 December 14, 2015 Page 2 of 10 PROPOSAL: The applicant proposes to demolish two existing residences and accessory structures and construct 11 detached, small lot single-family residences using the RS-4 (Single-Family Residential) zone development standards. The net lot sizes (not including the right-of-way) would range between 5,482 square feet and 6,853 square feet in size. The two-story homes would range from 2,978 to 3,492 square feet in area. Three different floor plans are proposed, consisting of four and five bedroom units with an option for a sixth bedroom in floor plan three and optional "Outdoor Living" and balcony areas (as shown on the floor plans). The homes would have Traditional, Tuscan and Italian-style architecture. The designs feature neutral-toned tan, gray, and brown- colored facades, stucco walls, wood shutters, stone veneer arches, window trim, and tile roofs. Six- foot high vinyl fencing would separate the private yards for each home and along the north, west, and a portion of the east property line of the project site. A six foot tall split-face concrete block screen wall with precision block accent and precast cap will be constructed along Cerritos Avenue and the remaining portion of the east property line. A homeowner’s association would oversee maintenance of the private street, sidewalks, and parkways. A detailed development summary is included as Attachment 4 to this report. Proposed Architecture The applicant proposes to rezone the project site from the RS-2 to the RS-4 zone. The RS-4 zone allows flexibility in site development standards such as minimum lot size and width. This zone also allows flexibility in other development standards such as maximum lot coverage, minimum setbacks, and minimum floor area through a conditional use permit in order to achieve high quality project design, privacy, livability, and compatibility with surrounding uses; however, the project meets all RS-4 development standards; therefore, no modifications to these standards are being requested. As proposed, this project meets all applicable Zoning Code requirements. The following table (Table 1) provides a comparison of the proposed project with the existing RS-2 and the proposed RS-4 site development standards. RECLASSIFICATION NO. 2015-00280, TENTATIVE TRACT MAP NO. 17882 AND CONDITIONAL USE PERMIT NO. 2015-05804 December 14, 2015 Page 3 of 10 TABLE 1 RS-2 Zone Standard RS-4 Zone Standard Proposed Project Minimum lot size 7,200 square feet Established by CUP 5,482 to 6,853 square feet (6,472 sq. ft. average) Minimum lot width 70 feet Established by CUP 55 to 60 feet wide Maximum height 35 feet/2-1/2 stories 35 feet/2 stories or 35 feet/3 stories if the structure is located 55 feet or more from the property line of any detached single-family residential use or zone 28’11” to 29’5” Minimum floor area 1,225 square feet 1,225 square feet* 2,978 to 3,492 square feet Maximum lot coverage 40% 50%* 26% - 40% Front yard setback 25 feet or 25% of the depth of the lot, whichever is less 10 feet* In order to achieve good design, the setback may be an average of 10 feet, with the minimum setback of 5 feet 10 to 29 feet Side yard setback 5 feet 5 feet from structures to the property line or zero feet on one side, and 10 feet on the other side, provided a minimum of 10 feet is maintained between structures on adjacent lots* 5 to 14 feet Rear yard setback 25 feet, except that the depth may be reduced to 10 feet, provided that dwellings or accessory structures shall not occupy more than 35% of the required rear setback 15 feet for two and three-story structures* 16 to 42 feet (15 feet to the outdoor living area) * May be modified by conditional use permit to achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. No modifications are being requested as part of this application. RECLASSIFICATION NO. 2015-00280, TENTATIVE TRACT MAP NO. 17882 AND CONDITIONAL USE PERMIT NO. 2015-05804 December 14, 2015 Page 4 of 10 Access to the homes would be provided by a new private street accessed from Cerritos Avenue. One of the units would have a two-car garage and the remaining ten units would provide a three- car garage (including one tandem space) and a 20-foot long driveway. The 36-foot wide private street (“A” Street) would be improved with 4-foot wide sidewalks and 6-foot wide landscaped parkways. This street would also accommodate five on-street parking spaces. The hammerhead portion of the street (“B” Street) would be 28 feet wide with a 4-foot wide sidewalk on the north side of the street. No on-street parking would be provided on this portion of the street. The City’s Private Street Standard No. 162 requires a 28-foot street width when no on-street parking is provided. The standard also requires 6-foot wide parkways and 4-foot wide sidewalks on both sides of a street when the main entrances to the units face the street. The hammerhead portion of “B” Street would be improved with a 28-foot wide street, a 4-foot wide sidewalk on the north side of the street, and no parkway; therefore the developer is seeking a deviation from the Standard. The City Engineer approved the request to allow the reduced parkway width for “B” Street. The applicant’s letter of justification and the City Engineer’s decision letter are included as Attachments 5 and 6 to this report. FINDINGS AND ANALYSIS: Reclassification: The Land Use Element of the City’s General Plan is the guide for the City’s future development. Land use designations are provided in order to define the amount, type, and nature of future development that is allowed in a given location of the City. It designates the distribution and location of specific land uses and establishes the permitted densities for each land use designation. As required by State law, the General Plan must identify land use designations and permitted development intensities. Each of the residential use designations includes a range of allowable densities. The maximum density defines the maximum number of dwelling units per gross acre at which development can occur within a given residentially-designated area. Table LU-2 in the Land Use Element of the General Plan indicates four zones as “Typical Implementing Zones” for the Low Density designation: RH-3, RS-1, RS-2, and RS-3. The current zoning designation for the subject site is RS-2. The proposed RS-4 zoning designation is not listed as a “Typical Implementing Zone” for the Low Density Residential designation in this table; however, there is a provision in the Land Use Element that states: “In addition to the typical zoning designations listed above, other zones may be substituted for the typical implementation zones, provided that the overall density ranges established by the General Plan are not exceeded.” The density range for the Low Density Residential designation that applies to the subject site is 0 to 6.5 units per acre. This project is proposed at approximately 5.7 units per acre which is within the maximum permitted density established by the General Plan. The developer proposes to utilize the RS-4 zone as it provides the flexibility needed to achieve the requested lot sizes and widths while maintaining the allowable General Plan density. The intent of the RS-4 zone is to provide for and encourage the development of high-quality residential units on infill lots, in order to provide additional housing choices and to use land efficiently. The proposed project would also be in conformance with the Land Use Element of the General Plan, which includes the following goals: RECLASSIFICATION NO. 2015-00280, TENTATIVE TRACT MAP NO. 17882 AND CONDITIONAL USE PERMIT NO. 2015-05804 December 14, 2015 Page 5 of 10 • Goal 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. • Goal 3.2: Maximize development opportunities along transportation routes. • Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. Conditional Use Permit: Before the Planning Commission may approve a conditional use permit for small lot residential development in the RS-4 zone, the following findings must be made: 1) The uses within the project are compatible; 2) New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of this title; 3) Vehicular and pedestrian access are adequate; 4) The project is consistent with any adopted design guidelines applicable to the parcel or parcels; 5) The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; 6) 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; 7) The impact upon the surrounding area has been mitigated to the maximum extent practicable; 8) The project complies with the General Plan and Subdivision Map Act; and 9) The granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The proposed project is consistent with the site development standards of the RS-4 zone designation. The proposed lot sizes range from 5,482 square feet to 6,853 square feet. Lot coverage for the project ranges from 26% to 40%; this lot coverage would be compatible with the surrounding RS-2 zoned properties which allow maximum lot coverage of 40%. The rear yard setbacks range from 16 feet (15 feet to the outdoor living area and balconies) to 42 feet. For comparison purposes, eight of the eleven lots exceed the required minimum rear setback in the RS- 2 zone. Front yard setbacks range from 10 feet to 29 feet. Driveway lengths in front of the garages would range between 20 feet and 34 feet. The 10-foot front setback allows for additional architectural relief at the front façade of the homes and allows for varied setbacks which create visual interest from the street. Side yard setbacks would range between five and ten feet; these setbacks would be consistent with the five foot setbacks that are allowed for the surrounding RS-2 zoned properties in the area. The two-story height of the proposed homes, at a maximum height of 29 feet 5 inches, is lower than the maximum height of 35 feet or two and a half stories as permitted RECLASSIFICATION NO. 2015-00280, TENTATIVE TRACT MAP NO. 17882 AND CONDITIONAL USE PERMIT NO. 2015-05804 December 14, 2015 Page 6 of 10 in the RS-2 zone. While most of the surrounding homes in the area are single-story, there are other two-story homes in the neighborhood and the Zoning Code would allow any of the surrounding property owners to add a second story to their home. Based on this analysis, staff believes that the proposed project would be compatible with the surrounding single-family residential uses. Parking for the proposed project exceeds the City’s parking requirements. The Zoning Code requires 44 spaces based on four parking spaces per unit and 61 spaces are being proposed for the entire project site. The project includes ten units with a three car garage (including one tandem space in each garage) and one unit with a two car garage. Nine of the eleven units would provide two driveway spaces and the remaining two units (Lots 4 and 8) would provide three driveway spaces. Five on-street parking spaces would be provided along “A” Street. Staff has also reviewed the proposed development using the City’s adopted “Guidelines for Small-Lot Development.” These guidelines encourage various design features for small-lot residential projects in the RS-4 zone to promote high quality development. These guidelines have been applied to other similar small lot, single-family projects in Anaheim, resulting in quality infill residential development. The guidelines address items such as internal circulation, interface with adjacent land uses, building massing and articulation, fencing, landscaping, and open space. Staff believes the proposed development incorporates these guidelines into the project based on the large size of the lots, adequate private yard areas, varied architectural features, and a well-designed private street (the “A” street portion) which includes on-street parking spaces, sidewalks, and parkways. The proposed setbacks and other building design features are proposed to help achieve variation in the streetscape appearance of the residences by allowing the “staggering” of the building footprints. The staggered building layout creates a more visually appealing and varied streetscape compared to one with a continuous setback distance from the street. In addition, building facades have been varied through articulation of elements such as contrasting earthtone colors, articulated bays and dormers, window shutters, varied roof designs, and the use of enhanced materials such as stone veneers. Separated sidewalks and parkways with street trees have been incorporated along the private streets. With the incorporation of these project features, staff believes the development is compatible with the surrounding area and recommends approval of the conditional use permit. Tentative Tract Map: Before the Planning Commission approves a tentative tract map, the following findings must be made: 1. The proposed subdivision, including its design and improvements, and with the conditions imposed herein is consistent with the Low Density Residential land use designation in the Anaheim General Plan and the development standards contained in the “RS-4” Single-Family Residential zone. 2. The site is physically suitable for the type and size of the proposed residential subdivision. 3. The design of the subdivision, with the conditions imposed, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because no sensitive environmental habitat has been identified on the site. RECLASSIFICATION NO. 2015-00280, TENTATIVE TRACT MAP NO. 17882 AND CONDITIONAL USE PERMIT NO. 2015-05804 December 14, 2015 Page 7 of 10 4. The design of the subdivision or the type of improvements is not likely to cause serious public health problems, since any new structures and associated site improvements will be constructed on the property in compliance with the conditions imposed and other related Code requirements. 5. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The requested 1.93-acre tract map would create 11 residential lots and 4 lettered lots for the street, sidewalks, and parkways that would be maintained by a homeowners’ association. The proposed subdivision has a gross density of 5.7 dwelling units per acre. This density is consistent with the Low Density Residential land use designation which allows up to 6.5 dwelling units per acre. The tract map complies with all applicable zoning regulations and is consistent with the density allowed under the existing General Plan designation. Planning and Public Works staff have reviewed the tentative map and it meets all applicable subdivision requirements. Therefore, staff recommends approval of the proposed Tentative Tract Map. Public Outreach: City staff and the developer have hosted several outreach meetings with homeowners residing in the surrounding neighborhood. The following outline provides an overview of the public outreach meetings that have taken place to date: September 10, 2015 - The applicant and staff conducted a community meeting at the Brookhurst Community Center. Invitations were sent out by the applicant, and three residents attended the meeting. These residents offered general comments regarding the proposed development and were generally supportive of the proposal. Plans were provided to concerned residents and staff spoke to each of the individuals that were able to attend. Staff was later notified that two other people attempted to attend the meeting before the meeting start time but were turned away before the applicant arrived at the facility. In advance of the initially-scheduled September 21, 2015 public hearing date, a Planning Commission public hearing notice was posted on site and mailed to all property owners within a 300 foot radius of the project site. However, at the request of the applicant, the hearing was continued to October 19, 2015. October 19, 2015 – At the request of the applicant, the Planning Commission public hearing was continued to November 2, 2015. Although the item was continued, several neighbors from the surrounding community approached staff at the meeting and expressed concern and opposition to the proposed project. Due to these concerns, staff offered to host an additional community meeting to share project information and solicit community feedback. This meeting was scheduled for October 26. October 26, 2015 – At the request of concerned neighbors, City staff held a community meeting at City Hall to provide information about the project and to receive comments from the community. Approximately 19 persons attended the meeting. The project applicant did not attend this meeting, however, comments received were shared with the applicant who subsequently requested that the item be continued from the November 2, 2015 Planning Commission meeting to the December 14, RECLASSIFICATION NO. 2015-00280, TENTATIVE TRACT MAP NO. 17882 AND CONDITIONAL USE PERMIT NO. 2015-05804 December 14, 2015 Page 8 of 10 2015 meeting. In response to community concerns over project density, the applicant subsequently revised the proposed plan to reduce the proposed number of units from 12 to 11. November 19, 2015 – A third community outreach meeting was held at the Brookhurst Community Center. All interested parties were notified by email and phone to encourage attendance at the meeting and approximately 30 people attended. The developer attended this meeting and presented his revised plans to approximately 25 residents from the community. This revised plan increased the average lot size from 5,710 square feet to 6,853 square feet and decreased the dwelling units per acre calculation from 6.2 units per acre to 5.7 units per acre. Residents from the surrounding neighborhood continue to express a variety of concerns regarding the proposed development. The primary concerns, including staff’s response, are summarized below: 1. Opposition to requested zone change. Area residents have expressed opposition to the applicant’s requested zone change. These residents would prefer to see the site developed under the site’s existing RS-2 zoning and development standards. Residents have expressed concerns that the project is too dense and that the requested zone change would result in a development that is incompatible with the surrounding neighborhood and set a precedent that could result in other large RS-2 zoned lots to the west along Cerritos Avenue to develop in a similar manner. Staff Response: Although the proposed RS-4 zoning would be unique to this area, the density of proposed development complies with the site’s existing Low Density Residential General Plan land use designation. A maximum density of 6.5 units/acre is allowed and a density of 5.7 units/acre is proposed. The proposed project has been thoughtfully designed in a manner that meets or exceeds all applicable Zoning Code requirements. 2. Concerns over on-site parking. Area residents have expressed concern that there is no provision for extra guest parking and that parking from this development may spill over onto Cerritos Avenue. Staff Response: Parking for the proposed project significantly exceeds the City’s parking requirements. The Zoning Code requires 44 spaces and 61 spaces are proposed on-site. The project includes three car garages for 10 units, a two car garage for one unit, 24 driveway spaces, and 5 on-street spaces. Staff believes this will provide sufficient parking for residents and guests within the project site. 3. Missing Sidewalks on Cerritos Avenue: Residents have noted that there are currently no sidewalks on portions of Cerritos Avenue near the project site. They have also noted that there is a lot of pedestrian activity in the area due to the proximity of Loara High School, Ball Junior High School and Palm Lane Elementary School. There is concern that the sidewalk segment that would be provided along the project’s frontage is not adequate to address this problem. RECLASSIFICATION NO. 2015-00280, TENTATIVE TRACT MAP NO. 17882 AND CONDITIONAL USE PERMIT NO. 2015-05804 December 14, 2015 Page 9 of 10 Staff Response: The project applicant is proposing to install full sidewalk and parkway improvements in front of the project adjacent to Cerritos Avenue. The applicant is also proposing improvements to the portion of an abandoned water well site along Cerritos Avenue (shown as NAP on the plans) to provide full sidewalk connectivity across the site. Although the improvements proposed by the project do not address the problem along the entire stretch of Cerritos Avenue, they do improve it, by providing sidewalk in front of their property. As for the rest of Cerritos Avenue, there is an existing sidewalk gap both on the north and south side of Cerritos Avenue, west of the project. The City of Anaheim Public Works department successfully secured grant funding for the sidewalk gap closure. The grant will close the sidewalk gap on the south side of Cerritos Avenue, which will provide a continuous sidewalk between Euclid Street and Walnut Avenue. The grant will also improve a portion of the sidewalk gap on the north side of Cerritos Avenue, but not all. Future grant funds will be pursued to close the remaining gap on the north side of Cerritos Avenue 4. Traffic Concerns: Neighbors have expressed concern that Cerritos Avenue is often congested and that this project would worsen the situation. They have also expressed concerns that a traffic study was not prepared for this project. Staff Response: The Public Works Department determined that a traffic study is not required for the project proposal since it does not meet the minimum threshold of 100 vehicle trips in the a.m. or p.m. peak hour. The City’s Traffic Study Guidelines state that a traffic study is required when a project’s trip generation is expected to exceed 100 vehicle trips in the a.m. or p.m. peak hour. The proposed project would generate traffic well below this threshold and therefore a traffic study is not required. The Public Works Department estimates that the project would generate eight vehicle trips during the a.m. peak hour and 11 vehicle trips during the p.m. peak hour. This estimate is based upon the Institute of Transportation Engineers (ITE) Trip Generation Handbook, 9th Edition. The two existing single-family dwelling units on the site would be expected to generate two a.m. peak hour trips and two p.m. peak hour trips, resulting in a net increase of six a.m. peak hour trips and nine p.m. peak hour trips. The roadway segments in the vicinity, as well as the nearby intersections, would not be significantly impacted as a result of the additional trips from the proposed project. Traffic generated by the proposed project is consistent with the City’s General Plan and would not create a significant traffic impact and is therefore not anticipated to impose undue burden on the local streets and highways. Generally, the neighboring community’s concerns relate to traffic and parking, an increase in density, and the project’s compatibility with the existing neighborhood. These concerns have been shared with the Public Works Traffic Engineering Department and city staff is proposing to schedule a future outreach meeting to discuss these traffic-related issues with residents in the area. Staff has carefully considered all of these concerns and has discussed them with the developer. In response, the developer has reduced the proposed number of units while increasing the project’s average lot sizes. RECLASSIFICATION NO. 2015-00280, TENTATIVE TRACT MAP NO. 17882 AND CONDITIONAL USE PERMIT NO. 2015-05804 December 14, 2015 Page 10 of 10 Environmental Impact Analysis: The project’s potential environmental impacts have been evaluated and staff recommends that the Planning Commission determine that the development qualifies for a Class 32 “Infill Development Projects” exemption allowed under California Environmental Quality Act. In order to support this determination, staff prepared an environmental checklist and determined that the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. In reaching this conclusion, staff determined that the property is less than five acres in size and is substantially surrounded by urban uses, has no value as habitat for endangered, rare or threatened species, and can be adequately served by all required utilities and public services. Based on these findings, the project does not meet the minimum thresholds that would suggest the potential for the project to cause a significant effect on the environment. CONCLUSION: Staff has carefully considered all of the support and opposition from the surrounding community and believes the proposed project is designed in a manner that will provide a quality living environment for its future residents and is compatible with the surrounding residential neighborhood. In addition, the proposed project meets the goals of the General Plan to continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. Staff also believes that all community concerns have been thoroughly analyzed and addressed and, therefore; recommends approval of the proposed request. Prepared by, Submitted by, Amy Stonich Jonathan E. Borrego Contract Planner Planning Services Manager Attachments: 1. Draft Reclassification Resolution 2. Draft Conditional Use Permit Resolution 3. Draft Tentative Tract Map Resolution 4. Development Summary 5. Justification and Request Letter 6. City Engineer’s Street Deviation Approval 7. Environmental Checklist 8. Tentative Tract Map 9. Site Plan, Architectural and Landscape Plans RS-2SINGLE FAMILY RESIDENCE RS-2DAY CARE R S -2 S I N G L E F A M I L Y R E S I D E N C E R S -2 S I N G L E F A M I L Y R E S I D E N C E RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE R S -2 S I N G L E F A M I L Y R E S I D E N C E R S -2 S I N G L E F A M I L Y R E S I D E N C E RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE S D O R I S P L S L O A R A S TS A D R I A S T W HARRIET LN W LULLABY LN W BUENA VISTA AVE W MELLS LN W CERRITOS AVE W. BALL RD W. KATELLA AVE S . E U C L I D S T S . W A L N U T S T S . B R O O K H U R S T S T S . D I S N E Y L A N D D R 1609 & 1615 West Cerritos Avenue DEV No. 2015-00057 Subject Property APN: 129-212-31129-212-32 °0 50 100 Feet Aerial Photo:May 2014 S D O R I S P L S L O A R A S TS A D R I A S T W HARRIET LN W LULLABY LN W BUENA VISTA AVE W MELLS LN W CERRITOS AVE W. BALL RD W. KATELLA AVE S . E U C L I D S T S . W A L N U T S T S . B R O O K H U R S T S T S . D I S N E Y L A N D D R 1609 & 1615 West Cerritos Avenue DEV No. 2015-00057 Subject Property APN: 129-212-31129-212-32 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING RECLASSIFICATION NO. 2015-00280 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00057) (1609 AND 1615 WEST CERRITOS AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for reclassification, designated as Reclassification No. 2015-00280, for that certain real property located at 1609 and 1615 West Cerritos 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 is currently developed with two single-family residences and accessory structures and is located in the "RS-2" Single-Family Residential Zone. The Anaheim General Plan designates this Property for Low Density Residential land uses; and WHEREAS, the applicant requests to rezone or reclassify the Property from the RS-2" Single-Family Residential Zone to the "RS-4" Single-Family Residential Zone; and WHEREAS, Reclassification No. 2015-00280 is proposed in conjunction with Tentative Tract Map No. 17882 and Conditional Use Permit No. 2015-05804 to establish an 11- lot residential subdivision with four (4) lettered lots to allow for the future development of 11 single-family homes on the Property (collectively referred to herein as the "Proposed Project"); and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on September 21, 2015 to hear and consider evidence for and against the Proposed Project, including proposed Reclassification No. 2015-00280, Conditional Use Permit No. 2015-05804 and Tentative Tract Map No. 17882, and to investigate and make findings and recommendations in connection therewith. Notice of said public hearing was duly given as required by Section 65090 of the California Government Code and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"). The public hearing was continued by the Planning Commission to October 19, 2015, at which time, the public hearing was continued again by the Planning Commission to November 2, 2015. While the public hearing was once again continued by the Planning Commission on its own motion on November 2, 2015 to December 14, 2015, the City elected to give notice of said continued public hearing, as it did for the initial public hearing, in accordance with Section 65090 of the California Government Code and with the provisions of Chapter 18.60 (Procedures) of the Code; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2015-*** WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ("CEQA Guidelines"). Specifically, the Proposed Project (a) is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with the applicable zoning designation and regulations, (b) is no more than five acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered, rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air quality, or water quality, and (e) the Property can be adequately served by all required utilities and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Reclassification of the Property from the "RS-2" Single-Family Residential Zone to the "RS-4" Single-Family Residential Zone is consistent with the Property’s existing Low Density Residential land use designation in the General Plan. Table LU-2 in the Land Use Element of the General Plan indicates four zones as “Typical Implementing Zones” for the Low Density designation: “RH-3”, “RS-1”, “RS-2, and “RS-3”. The proposed “RS-4” zoning designation is not listed as a “Typical Implementing Zone” for the Low Density Residential designation in this table; however, there is a provision in the Land Use Element that also states: “In addition to the typical zoning designations listed above, other zones may be substituted for the typical implementation zones, provided that the overall density ranges established by the General Plan are not exceeded.” The density range for the Low Density Residential designation that applies to the subject site is 0 to 6.5 units per acre. This project is proposed at 5.7 units per acre, which is within the maximum permitted density established by the General Plan. 2. The proposed reclassification of the Property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the adjacent properties to the north, east and west which are designated for Low Density Residential land uses and are developed with single family homes. 3. The proposed reclassification of the Property does properly relate to the zone and its permitted uses locally established in close proximity to the Property and to the zones and their permitted uses generally established throughout the community. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 3 - PC2015-*** NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, this Planning Commission does hereby approve Reclassification No. 2015-00280 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "RS-4" Single-Family Residential Zone and recommends that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2015- 00280. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 2015. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-*** [DRAFT] ATTACHMENT NO. 2 - 1 - PC2015 -*** RESOLUTION NO. PC2015 -*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05804 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015 -00057) (1609 AND 1615 WEST CERRITOS 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. 2015-05804 to permit an 11-lot, single family residential subdivision for that certain real property located at 1609 and 1615 West Cerritos Avenue, in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is currently developed with two single-family residences and accessory structures and is located in the "RS-2" Single-Family Residential Zone. The Anaheim General Plan designates this Property for Low Density Residential land uses; and WHEREAS, all development within the "RS-4" Single-Family Residential Zone is subject to the provisions of Section 18.04.160 (Development in the RS-4 Zone) of Chapter 18.04 (Single-Family Residential Zones) of the Anaheim Municipal Code (the "Code"), which provides that all such development is subject to the approval of a conditional use permit; and WHEREAS, Conditional Use Permit No. 2015-05804 is proposed in conjunction with Reclassification No. 2015-00280, which is a request to rezone or reclassify the Property from the "RS-2" Single-Family Residential Zone to the "RS-4" Single-Family Residential Zone, and Tentative Tract Map No. 17882, which would establish an 11-lot, single family subdivision. The development comprising Reclassification No. 2015 -00280, Conditional Use Permit No. 2015- 05804 and Tentative Tract Map No. 17882 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on September 21, 2015 to hear and consider evidence for and against the Proposed Project, including proposed Reclassification No. 2015-00280, Conditional Use Permit No. 2015-05804 and Tentative Tract Map No. 17882 and to investigate and make findings and recommendations in connection therewith. Notice of said public hearing was duly given as required by Section 65090 of the California Government Code and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"). The public hearing was continued by the Planning Commission to October 19, 2015, at which time, the public hearing was continued again by the Planning Commission to November 2, 2015. While the public hearing was once again continued by the Planning Commission on its own motion on November 2 14, 2015 to December 14, 2015, the City elected to give notice of said continued public hearing, as it did for the initial public hearing, in accordance with Section 65090 of the California Government Code and with the provisions of Chapter 18.60 (Procedures) of the Code; and - 2 - PC2015 -*** WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has heretofore found and determined, as the “lead agency” under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Proposed Project is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ("CEQA Guidelines") and, pursuant to Section 15332 of the CEQA Guidelines, is 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 11-lot, single-family residential subdivision with a deviation from the City’s private street standard pertaining to street and parkway widths, does find and determine the following facts on the basis of the plans submitted by the applicant: 1) The uses within the Proposed Project are compatible. 2) New buildings or structures related to the Proposed Project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of the Zoning Code. The lot sizes and widths proposed are adequate to ensure quality design that is compatible with the adjacent residential neighborhood and is not anticipated to adversely affect development of the area. With the modifications of certain standards described herein and under the conditions imposed, the size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area or to the health, safety and general welfare of the public. 3) Vehicular and pedestrian access are adequate in that Public Works Staff determined that a traffic study is not required for the Proposed Project since it does not meet the minimum threshold of 100 vehicle trips in the a.m. or p.m. peak hours. The City’s Traffic Study Guidelines state that a traffic study is required when a project’s trips generation is expected to exceed 100 vehicle trips in the a.m. or p.m. peak hours. The Proposed Project would generate traffic well below this threshold and, therefore, a traffic study was not required. The overall net increase of 9 new homes would not exceed the City’s General Plan which allows a density of up to 6.5 dwelling units per acre. 4) The Proposed Project is consistent with any adopted design guidelines applicable to the parcel or parcels in that the Proposed Project is consistent with the City’s "Guidelines for Small-Lot Development" in that the proposed development incorporates these guidelines into the project based on the large size of the lots, adequate private yard areas, varied architectural features, and a well-designed private street (the “A” street portion) which includes on-street parking spaces, sidewalks, and parkways. 5) The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area in that the Proposed Project, with the modifications of certain standards described herein below and under the conditions imposed, will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located in that the lot sizes and widths proposed are adequate to ensure quality design that is compatible with the adjacent residential neighborhood and therefore it is not anticipated to adversely affect development of the area. - 3 - PC2015 -*** 6) The Proposed Project has been designed to accommodate the required on- and off-site parking, vehicular circulation, and trash collection and 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 it will provide a standard street width with on- street parking, parkways and sidewalks along “A” street and a 25-foot hammerhead with a 4-foot sidewalk on the north side of “B” Street. A street deviation was requested by the applicant and approved by the City Engineer to allow waiver of the parkway and minimum street width along “B” Street. 7) The impact upon the surrounding area has been mitigated to the maximum extent practicable in that site development standards proposed for the Proposed Project are consistent with the development standards of the "RS-4" Single-Family Residential Zone and the Low Density General Plan designation. 8) The Proposed Project complies with the General Plan and Subdivision Map Act in that the City’s General Plan Land Use designation allows up to 6.5 dwelling units per gross acre and the Proposed Project is 13% less than the maximum at 5.7 dwelling units per gross acre. The detached single family small lot subdivision use is compatible with detached single family residential uses that surround the project site. The Proposed Project is consistent with the site development standards of the “RS-4” Single-Family Residential Zone; thus, the size and shape of the site proposed for the use is adequate to allow the full development of the Proposed Project. The Proposed Project is compatible with existing and surrounding single family residential land uses in the vicinity of the Property. 9) The granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, Section 18.04.160 (Development in the RS-4 Zone) of Chapter 18.04 (Single-Family Residential Zones) of the Code requires the Planning Commission to review development in the "RS-4" Single-Family Residential Zone using the "Guidelines for Small-Lot Development" and to make certain additional findings before the Planning Commission may approve a conditional use permit; and WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2015-05804, including the lot areas and widths as shown on the site plan on file with the City, contingent upon and subject to (1) the adoption by the City Council of an ordinance reclassifying the Property within the "RS-4" Single-Family Residential Zone in accordance with Reclassification No. 2015-00280, (2) approval of Tentative Tract Map - 4 - PC2015 -*** No. 17882, now pending, and (3) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015 -*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2015 -*** - 7 - PC2015 -*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05804 (DEV2015 -00057) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A GRADING PERMIT 1 The project final WQMP shall be submitted for review and approval and approved by the development services department of public works. Public Works, Development Services 2 The developer/owner shall submit a set of improvement plans for Public Utilities Department Water Engineering Division review and approval in determining the conditions necessary for providing water service to the project. Public Utilities – Water Engineering PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 3 All individual residential units shall have addressing readily readable from the street, indicating the address of that unit. All addressing shall be free from obstruction and either well lit during hours of darkness or of a highly contrasting color to its background. Police Department 4 All exterior doors shall have adequate security hardware, e.g. deadbolt locks. Police Department 5 Wide-angle peepholes or other viewing device shall be designed into all dwelling-unit front doors and all solid doors where exterior visibility is compromised. Police Department 6 Door 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. Police Department 7 Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Police Department 8 The final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (excluding model homes). Public Works, Development Services 9 The developer shall post bonds for improvements in the public right-of-way as approved by the City of Anaheim. Public Works, Development Services - 8 - PC2015 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 Prior to issuance of the grading permit and right-of-way construction permit for the sewer, whichever occurs first, a Save Harmless agreement in-lieu of an Encroachment Agreement is required to be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. Public Works, Development Services PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 11 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. Public Utilities Water Engineering 12 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Water Engineering 13 All existing water services and fire services shall conform to current Water Services Standard Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities Water Engineering 14 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 mains and 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 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. Public Utilities Water Engineering - 9 - PC2015 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 15 The developer/owner shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering Division review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project’s water demands and fire protection requirements. Public Utilities Water Engineering 16 The developer/owner shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. Public Utilities Water Engineering 17 Water improvement plans shall be submitted to the Public Utilities Department Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. Public Utilities Water Engineering 18 Individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim’s Water Rates, Rules and Regulations. Public Utilities Water Engineering 19 The Owner shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right-of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master CC&R’s for the project and the City easement deeds. Public Utilities Water Engineering 20 Public water mains within the project boundary are required. The developer/owner shall dedicate a minimum of 20-foot wide easement over said mains to the Water Division. Public Utilities Water Engineering 21 The following minimum horizontal clearances shall be maintained between proposed water main and other facilities: Public Utilities Water Engineering 22 A 10-foot minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals shall be provided. Public Utilities Water Engineering - 10 - PC2015 -*** 23 A 5-foot minimum separation from all other utilities, including storm drains, gas, and electric shall be provided. Public Utilities Water Engineering PRIOR TO APPROVAL OF PLANS RELATED TO ELECTRICAL ENGINEERING 24 Electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications shall be submitted to the Electrical Engineering Division of the Public Utilities Department to establish electrical service. Public Utilities – Electrical Engineering PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 25 Fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Fire Department 26 The developer shall submit street improvement plans to the Public Works department to construct all work in the right of way in conformance to Public Works standards. Grind and cap existing pavement in Cerritos Avenue up to the street centerline within the frontage of the parcel. The improvements shall be constructed prior to final building and zoning inspection. Public Works, Development Services 27 The developer shall construct private streets in conformance with City of Anaheim standard 162 and the approved deviation from the City Engineer. Public Works, Development Services 28 Fire lanes or no parking zones shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Public Works, Development Services 29 The proposed “Street A” shall have stop control at Cerritos Avenue. Building plans shall show a stop sign on the private drive and a stop bar and legend painted on the street per the latest versions of the City of Anaheim Engineering Standard Details 434 and 436. Public Works, Development Services 30 Vehicle gates shall not be installed across Private Street “A” project entry without providing a vehicle turnaround area to the satisfaction of the City Standard Details and the City Engineer. Public Works, Development Services 31 All required public improvements shall be completed and operational and submitted for approval to the Construction Services Division Inspector. Public Works, Development Services 32 All required WQMP improvements shall be operational and verified by the Construction Services Division Inspector and the Development Services Division. Public Works, Development Services 33 All sidewalks shall be ADA compliant. Public Works, Development Services - 11 - PC2015 -*** 34 All required street, landscaping, irrigation, sewer and drainage improvements shall be constructed prior to final building and zoning inspections and are subject to review and approval by the Construction Services inspector. Public Works, Construction Services 35 Vines or other similar planting material shall be planted and maintained on the block wall adjacent to Cerritos Avenue to soften the wall and discourage graffiti. Planning Department GENERAL 36 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning Department 37 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 38 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 39 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. Planning Department [DRAFT] ATTACHMENT NO. 3 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17882 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00057) (1609 AND 1615 WEST CERRITOS AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Tentative Tract Map No. 17882 to establish an 11-lot residential subdivision for that certain real property located at 1609 and 1615 West Cerritos Avenue, in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is currently developed with two single-family residences and accessory structures and is located in the "RS-2" Single-Family Residential Zone. Tentative Tract Map No. 17882 is proposed in conjunction with Reclassification No. 2015-00280, which is a request to rezone or reclassify the Property from the "RS-2" Single-Family Residential Zone to the "RS-4" Single-Family Residential Zone, and Conditional Use Permit No. 2015-05804, which is required under Section 18.04.160 of the Anaheim Municipal Code (the "Code") for all development in the "RS-4" Single-Family Residential Zone (herein referred to as "CUP No. 2015-05804"). The Anaheim General Plan designates this Property for Low Density Residential land uses; and WHEREAS, Tentative Tract Map No. 17882 is contingent upon adoption by the City Council of an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00280, which may be approved or denied by the City Council in its sole discretion; and WHEREAS, the development comprising Tentative Tract Map No. 17882, CUP No. 2015-05804, and Reclassification No. 2015-00280 shall be referred to herein as the "Proposed Project"; and WHEREAS, Reclassification No. 2015-00280 is proposed in conjunction with Tentative Tract Map No. 17882 and Conditional Use Permit No. 2015-05804 to establish an 11- lot residential subdivision with four (4) lettered lots to allow for the future development of 11 single-family homes on the Property (collectively referred to herein as the "Proposed Project"); and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on September 21, 2015 to hear and consider evidence for and against the Proposed Project, including proposed Reclassification No. 2015-00280, Conditional Use Permit No. 2015-05804 and Tentative Tract Map No. 17882 and to investigate and make findings and recommendations in connection therewith. Notice of said public hearing was duly given as required by Section 65090 of the California Government Code and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"). The public hearing was continued by the Planning Commission to October 19, 2015, at which time, the public hearing was continued again by the Planning - 2 - PC2015-*** Commission to November 2, 2015. While the public hearing was once again continued by the Planning Commission on its own motion on November 2, 2015 to December 14, 2015, the City elected to give notice of said continued public hearing, as it did for the initial public hearing, in accordance with Section 65090 of the California Government Code and with the provisions of Chapter 18.60 (Procedures) of the Code; and WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has heretofore found and determined, as the “lead agency” under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), that the Proposed Project is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ("CEQA Guidelines") and, pursuant to Section 15332 of the CEQA Guidelines, is 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 establish an 11-lot residential subdivision, does find and determine the following facts: 1. The proposed subdivision, including its design and improvements, and with the conditions imposed under CUP No. 2015-05804 is consistent with the Low Density Residential land use designation in the Anaheim General Plan and, once the City Council has adopted an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00280, with the zoning and development standards contained in Chapter 18.04 of the Code pertaining to single-family detached projects within the "RS-4" Single-Family Residential Zone,. 2. The site is physically suitable for the type and size of the proposed residential subdivision. 3. The design of the subdivision, with the conditions imposed under CUP No. 2015-05804, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because no sensitive environmental habitat has been identified on the site. 4. The design of the subdivision or the type of improvements is not likely to cause serious public health problems, since any new structures and associated site improvements will be constructed on the property in compliance with the conditions imposed under CUP No. 2015-05804 and other related Code requirements. 5. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. - 3 - PC2015-*** WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Tentative Tract Map No. 17882, contingent upon (1) the adoption by the City Council of an ordinance reclassifying the Property within the "RS-4" Single-Family Residential Zone in accordance with Reclassification No. 2015-00280, (2) the conditions imposed under CUP No. 2015-05804, and (3) 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 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 Anaheim Municipal 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 - PC2015-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** - 6 - PC2015-*** EXHIBIT “B” TENTATIVE TRACT MAP NO. 17882 (DEV2015-00057) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL MAP APPROVAL 1 All existing structures shall be demolished. The developer shall obtain a demolition permit from the Building Division. Site demolition shall be per a rough grading permit from Public Works. Public Works, Development Services 2 The project shall dedicate Lots “B”, “C”, and “D” for roadway, public utility purposes, and other public purposes to the City of Anaheim. Public Works, Development Services 3 The project shall relinquish street access to Cerritos Avenue for Lots 1 and 11, except at Private Street “A”. Public Works, Development Services 4 The Project shall dedicate to the City of Anaheim Lot “A” for public utility purposes and emergency access. Public Works, Development Services 5 The area required for pedestrian access ramps in conformance with City standards at the intersection of Private Street “A” and Cerritos Avenue shall be dedicated to the City of Anaheim to the satisfaction of the City Engineer. Public Works, Development Services 6 Prior to final map approval; Tract Map No. 17882 shall be approved, in substantial conformance with the Planning Commission resolution for this project. Public Works, Development Services 7 The developer shall submit a request for street names for the private streets. The street names must be approved by the Planning Division and placed on the final map. Public Works, Development Services 8 The developer shall submit a sewer improvement plan, to the Public Works department for construction of the private sewer system. The improvements shall be constructed prior to final building and zoning inspection. The sanitary sewers for this development shall be privately maintained. Public Works, Development Services 9 Prior and as a condition precedent to the approval by the City of the Final Map for Tract No. 17882 and its recordation with the County Recorder, the applicant will be required to execute, in recordable form, an unsubordinated Declaration of Covenants in such form as may be acceptable to the Planning Director, the City Engineer and City Attorney (or their duly authorized representatives) to ensure that the private on-site common areas and facilities (including, but not limited to, private sewer, private street, and private storm drain Public Works, Development Services - 7 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT improvements) and those public improvements that are not accepted by the City for maintenance will be maintained by a Homeowners' Association. The Declaration of Covenants will also ensure compliance with approved Water Quality Management Plan and maintenance of drainage devices, parkway landscaping and irrigation on Cerritos Avenue, the private street name sign and the Private Street. In addition, said Declaration of Covenants shall include a covenant, rule and regulation prohibiting owners of the lots within the subdivision from renting, offering to rent, or advertising for rent the homes located thereon (or any room or rooms or portion thereof) to a person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days. The Declaration of Covenants shall be recorded concurrently with the final map and shall provide the City with a third party right to enforce the maintenance and repair provisions of the Declaration of Covenants. 10 The legal property owner shall post a security and execute a Subdivision Agreement to complete the required public improvements at the legal owner’s expense in an amount approved by the City Engineer and in a form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. Public Works, Development Services 11 All lots shall be assigned street addresses by the Building Division. The street name for the private street shall be submitted to and approved by the Building Division. Planning Department, Building Division GENERAL 12 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning Department Planning Services Division 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 “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 Planning Department Planning Services Division - 8 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 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 Planning Services Division 15 The property shall be developed substantially in accordance with plans and specifications submitted by the applicant to, and approved by, the City of Anaheim, which plans are on file with the Planning Department. Planning Department Planning Services Division PROJECT SUMMARY Development Standard RS-4 Standards Proposed Project Site Area - 1.93 acres Density 6.5 du/ac max. 5.7 du/ac Lot Area* Subject to 18.04.160 Established by CUP 5,482-6,853 square feet Lot Width* Subject to 18.04.160 Established by CUP 55-60 feet Building Height* 35 feet or 2 stories max. Up to 29 feet 5 ½ inches Floor Area* 1,225 sq. ft. min. 2,978 - 3,492 sq. ft. Maximum Site Coverage* 50% max. 26-40% Front Landscape Setback* 10 feet min. 10-29 feet proposed Side yard Setback* 5 feet min. 5 feet Rear yard setback* 15 feet min. 16-42 feet Parking 4 on-site parking spaces per unit min. (2 garage spaces and 2 driveway spaces in front of garage) 10 floor plans with a 3-car garage (8 with 2 driveway spaces and 2 with 3 driveway spaces) 1 floor plan with a 2-car garage. (2 garage spaces and 2 driveway spaces in front of garage) 5 on-street parking spaces on “A” Street (No parking on “B” Street) *May be established or modified by CUP ATTACHMENT NO. 4 Justification Letter for Conditional Use Permit and Tentative Tract Map TTM 17882 (A.P. no’s. 129-212-31 & 129-212-32) 1609 & 1615 W. Cerritos Avenue Silveroak Investment corp. November 20, 2015 Parcels No.’s 129-212-31 & 129-212-32 have a General Plan Land Use designation of Low Density. Parcel No. 129-212-31 & 129-212-32 have a zoning designation of RS-2. Silveroak Investment Corp. is requesting a reclassification of the property from the RS-2 zone to the RS-4 zone. In accordance with the RS-4 Zone requirements, we wish to include a Conditional Use Permit request to establish comprehensive site design and setbacks for our proposed eleven (11) single family dwellings development. The application also includes a filing for a subdivision map Tentative Tract Map 17882 to subdivide the existing project site into eleven (11) single family lots, four (4) HOA lots and one private street lot. Conditional Use Permit- RS-4 Zone Per Anaheim Municipal Code 18.04.160, all development in the RS-4 Zone shall be subject to the approval of an application for a conditional use permit approved by the Planning Commission. Therefore, we respectfully request consideration of this eleven (11) unit detached single family residential subdivision proposal to include a request for Planning Commission review and approval of our site plan through a conditional use permit per Section 18.66 of the Anaheim Municipal Code. In support of this request, the proposed project complies with development standards specified in Section 18.04.160 related to maximum density of 6.5 du/ac; whereas the proposed project’s gross density is 5.7 du/ac. The project does not exceed the maximum lot coverage requirements of the RS-4 Zone. The project has Two (2) floor plans as follows. Plan 2- 2,978 SF (first floor- 1,341 SF; second floor 1,637 SF; 2-car garage 421SF; optional outdoor living 263 SF; porch 59 SF) Plan 2 Option – 3,244 SF (First floor 1,341; second floor 1,903 SF; 2-car garage 421 SF; optional outdoor living 263; porch 59 SF) ATTACHMENT NO. 5 Plan 3- 3,492 SF (first floor- 1,562 SF; second floor 1,930 SF; 3-car garage 637 SF; optional outdoor living 233 SF; porch 92 SF) All building plans do not exceed the 50% maximum building site coverage prescribed within RS-4 development standards. Plan 2- approximately 26%; Plan 3- approximately 35%; The average lot size is 6,472 sf. The setbacks are in conformance with the RS-4 setbacks and as established by this CUP process. The proposed single family dwelling building height for Plan 2 is 29’ 5 ½”, Plan 3 is 28’ 11 ¼”. The project provides thirty two (32) parking spaces in the garages, twenty four (24) off street parking spaces and five (5) on street parking spaces for a total of sixty one (61) parking spaces. The project does not have an existing storm drain system to connect. The project proposes to use a Maxwell drywell storm drain / WQMP system which will be installed onsite in the private street. The project application also includes a SWMP as required by the Public Works, Operations Department. Sewer capacity has been analyzed and sufficient capacity is available for 11 units. The proposed project will not adversely affect adjoining land uses, as the use is consistent with the adjacent uses and allowable density for the site. The proposed project provides a compatible traditional single family residential design and is compatible and consistent with the adjoining single family units to the east of the site. The proposed site is large enough and able to accommodate the proposed project design without negatively affecting the residential area and surrounding areas. The traffic generated from the proposed development is consistent with existing General Plan designated uses that would allow up to 6.5 du/ac on the site. Thus, the adjoining streets are capable of accepting traffic generated from this infill development. Finally, approval of this conditional use permit with conditions of approval will not harm the health and safety of the citizens of Anaheim by the very nature that this is a proposal for a residential project in a residential area that is consistent with surrounding development and infrastructure. Tentative Tract Map TTM 17882 This formal filing for a Tentative Tract Map to subdivide the existing 1.93 acre project site into eleven (11) single family lots, four (4) landscaped HOA lots, and one private street lot. Proposed density is 5.7 du/ac. The project provides off-street parking to satisfy requirements of the municipal code without any street parking. The proposed subdivision design and proposed improvements is consistent with the City’s General Plan for Low Residential designation with density allowance up to 6.5 du/ac. We believe that the design and improvements, with conditions of approval for site improvements that the site is physically suitable for the proposed density of development, that the proposed subdivision map does not conflict with any existing easements, and that access is restricted to Magnolia Ave. and therefore should be recommended for approval. If there are any additional materials or information required, please notify me immediately. Please contact me directly should you have any questions 949-254-0135. Respectfully, Jeff Weber Silveroak Investment Corp. ATTACHMENT NO. 6 CITY OF ANAHEIM ENVIRONMENTAL CHECKLIST FORM CLASS 32 CATEGORICAL EXEMPTION INFILL DEVELOPMENT PROJECTS** CASE NO.: DEV2015-00057 RECLASSIFICATION NO. 2015-00280 TENTATIVE TRACT MAP 17882 CONDITIONAL USE PERMIT NO. 2015-05787 PROJECT APPLICANT: Jeff Weber Silveroak Capital Corporation 19100 Von Karman Avenue, Suite 400 Irvine, CA 92612 jweber@silveroakcapital.com PROJECT ADDRESS: 1609 & 1615 West Cerritos Avenue APN(s): 129-21-232 & 129-21-231 PROJECT LOCATION: ATTACHMENT NO. 7 SURROUNDING LAND USES AND SETTING: The 1.93-acre property is currently developed with two single-family homes and is located in the Single Family Residential (RS-2) zone. The property is designated for Low Density Residential land uses by the General Plan. Surrounding land uses include single-family homes to the north, west and across Cerritos Avenue, and a day care facility to the east. PROJECT DESCRIPTION: Request to rezone the property from the Single-Family Residential (RS-2) zone to the Single–Family, Residential (RS-4) zone and to permit and establish an 11-unit small–lot residential subdivision with modifications to development standards. The applicant proposes to demolish two existing residences and accessory structures and construct 11 detached single-family homes. The lot sizes would range between 5,482 square feet and 6,853 square feet. The two-story homes would range from 2,978 to 3,492 square feet in size. Two different floor plans (Plan 2 and 3) are proposed consisting of four and five bedroom units with an optional sixth bedroom in Plan 3. The homes would have Traditional, Tuscan and Italian-style architecture. The designs feature neutral-toned tan, gray, and brown-colored facades, stucco walls, wood shutters, stone veneer arches, window trim, and asphalt shingle roofs. Six foot high vinyl fencing would separate the private yards for each home and along the north and west property line of the project site. A six foot tall split-face concrete block screen wall with precision block accent and precast cap will be constructed along Cerritos Avenue. GENERAL PLAN DESIGNATION: Low Density Residential ZONING: Reclassification from RS-2 to RS-4 INFORMATION DEMONSTRATING THAT THE PROJECT SATISFIES THE CONDITIONS DESCRIBED IN SECTION 15332 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS: 1. Is the project consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations? The proposed RS-4 zone designation and project density are consistent with and would implement the property’s Low Density Residential General Plan land use designation. The intent of the RS-4 Zone is to provide for development of high-quality, detached, single-family residential units on small lots. The proposed zoning designation would be compatible with the existing single-family residential zoning of the residential properties to the north, south, east and west and would also be in conformance with the Land Use Element of the General Plan, which includes the following goals: • Goal 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. • Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations. • Goal 3.2: Maximize development opportunities along transportation routes. • Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. The project would also be consistent with, and would help implement, the Housing Element of the General Plan which contains various goals and strategies aimed at encouraging the development of housing to support the City’s existing and future housing needs. 2. Is the proposed development located within the City limits on a project site of no more than five acres substantially surrounded by urban uses? The 1.93-acre property is located in the City of Anaheim and is currently developed with two single-family homes in the Single Family Residential (RS-2) zone. Surrounding land uses in all directions consist of single-family homes. 3. Does the project site have value as habitat for endangered, rare or threatened species? The project site is currently developed with single family homes and has no habitat value for endangered, rare or threatened species. 4. Would approval of the project result in any significant effects relating to traffic, noise, air quality, or water quality? a. Traffic: Construction - There would be a temporary minor increase in traffic due to construction vehicles during the construction phase. However, this impact would be temporary. No significant impacts would occur. Operation - The proposed project consists of 11 Single Family Dwelling Units. Based on Institute of Transportation Engineers Trip Generation Handbook 9th Edition, the project is estimated to generate eight (8) trips during the AM Peak Hour, and 11 trips during the PM Peak Hour. The two existing single family dwelling units on the site currently generate two AM Peak Hour trips and two PM Peak Hour trips, resulting in a net increase of 6 AM Peak Hour Trips and 9 PM Peak Hour Trips. The net increase in vehicular trips would not create a significant traffic impact. Additionally, the City of Anaheim Traffic Study Guidelines state that a traffic study is required when a project’s trips generation is expected to exceed 100 vehicle trips in the AM or PM peak hour. The Proposed Project would generate traffic well below this threshold and therefore a traffic study is not required. Neither roadway segments nor immediately surrounding intersections would be significantly impacted as a result of the additional trips from the Proposed Project. b. Noise: Construction The Project would generate temporary noise during construction activities. Equipment used during construction could create noise impacts through the duration of the construction process. However, these impacts are temporary and would cease upon completion of construction. Chapter 6.70 of the City’s noise ordinance exempts construction noise between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday Adherence to the City Noise ordinance would result in no significant impacts. Operation The Project is a single family residential development that, when constructed, would generate noise impacts consistent with those of surrounding land uses. No significant impacts would occur. c. Air Quality: The Project site is located within SoCAB which is characterized by relatively poor air quality and is a Federal- and State-designated nonattainment area for O3, PM10 and PM2.5 (US EPA 2012). SCAQMD has established significance thresholds for both construction and operational activities relative to these criteria pollutants. Based on the following analysis, implementation of the Project would result in less than significant impacts relative to the daily significance thresholds for criteria air pollutant construction emissions established by the SCAQMD. Construction - The proposal consists of the construction of 11 single-family residences on a 1.93-acre parcel. General construction activities, such as site preparation, including demolition of two existing single family homes, grading, and travel by construction workers can contribute to air pollutants. All construction activities would comply with SCAQMD Rule 403 (SCAQMD 2005) regarding the control of fugitive dust emissions, and existing City dust suppression practices that minimize dust and other emissions. Such controls include frequent watering of the site, the covering and/or wetting of trucks hauling dirt, sand, soil or other loose materials off-site, street sweeping, as needed, to remove dirt dropped by construction vehicles or mud that would otherwise be carried off by trucks departing the site, suspending grading and excavation activities in high winds (25 miles per hour [mph] or more) as well as implementation of a traffic control plan to minimize traffic flow interference from construction activities, etc., that would be incorporated into the construction plans. Construction of the Project is conservatively anticipated to last 6 months and construction would be broken into three phases: demolition, grading, and building construction (which consists of building construction, paving, and architectural coating). Pollutant emissions resulting from Project construction activities were calculated using the CalEEMod model. Construction emissions are based on conservative assumptions, which imply a default equipment mix and a worst-case construction schedule. As shown in Table 1, entitled “Project-Related Construction and Operational Emissions,” the incremental increase in emissions from Project construction activities fall well below SCAQMD significance thresholds for regional emissions. Operation - The Project’s incremental increase in regional emissions resulting from operation of the Project would not exceed any SCAQMD thresholds. Mobile source emission calculations utilize the vehicle miles traveled (VMT) rate calculated by CalEEMod, based on the specific proposed land use and intensity. The daily VMT rate is based on the number of daily trips for each land use and applied to a commute percentage and an average trip length, both of which are land use specific values derived from CalEEMod. These values account for variations in trip frequency and length associated with commuting to and from the Project. Emission factors specific to the buildout year are projected based on SoCAB-specific fleet turnover rates and the impact of future emission standards and fuel efficiency standards. The increase in the consumption of fossil fuels to provide power, heat, and ventilation was considered in the calculations as stationary point source emissions. Future fuel consumption rates are estimated based on land use specific energy consumption rates. The emission factors used in this analysis represent a State-wide average of known power producing facilities, utilizing various technologies and emission control strategies, and do not take into account any unique emissions profile. At this time, these emission factors are considered conservative and representative. Area source emissions were calculated by CalEEMod and include emissions from natural gas and landscape fuel combustion, consumer products, and architectural coatings (future maintenance). As shown in Table 1, the operational emissions pollutant concentrations resulting from Project operation would not exceed SCAQMD thresholds. Therefore, air quality impacts would be less than significant. Table 1 Project-Related Construction and Operational Emissions Mass Daily Thresholds (pounds per day) VOC NOx CO SO2 PM10 PM2.5 Construction Emissions SCAQMD Threshold 75 100 550 150 150 55 2016 Project Emissions 2.5 14 10 15 1 1 Exceed Threshold? NO NO NO NO NO NO Operational Emissions SCAQMD Threshold 55 55 550 150 150 55 Project Emissions 1 10 4.85 11.66 .83 .24 Exceed Threshold? NO NO NO NO NO NO Source of emissions: CalEEMod 2013.2.2 Source of thresholds: SCAQMD Regional emissions refer to the ambient conditions surrounding the site. Therefore, pollutant emissions associated with construction of the Project would be less than significant. Operational related impacts are typically associated with emissions produced from Project-generated vehicle trips. Based on the Project’s anticipated compliance with SCAQMD Rule 403 and the scale of development, it is anticipated that no significant impacts would occur to existing air quality standards. d. Water Quality: Grading and construction associated with site work on the project site would result in temporary disturbance of surface soils, which could potentially result in erosion and sedimentation on site, which are major visible water quality impacts attributable to construction activities. Any stockpiles of excavated areas would be susceptible to high rates of erosion from wind and rain and, if not manage properly, could result in increased sedimentation in local drainage ways. The Project must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) MS4 Permit. The NPDES MS4 Permit Program, which is administered in the project area by the City of Anaheim and County of Orange, issued by the Santa Ana Regional Water Quality Control Board (SARWQCB), helps control water pollution by regulating point sources that discharge pollutants into receiving waters. Project operation must also comply with the NPDES General Construction Permit. The contractor would be required to comply with Chapter 10.09 of the Anaheim Municipal Code, which prohibits the active or passive discharge or disposal of soil or construction debris into the storm drain. Additionally, the Project would be required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009-DWQ). Construction activities subject to the Construction General Permit includes clearing, grading, and disturbances to ground such as stockpiling or excavation. The Construction General Permit requires implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP would generally contain a site map showing the construction perimeter, existing and proposed buildings, storm water collection and discharge points, general pre- and post-construction topography, drainage patterns across the site, and adjacent roadways. The SWPPP must also include project construction features designed to protect against stormwater runoff, known as Best Management Practices (BMPs). Additionally, the SWPPP must contain a visual monitoring program; a chemical monitoring program for “non-visible” pollutants, should the BMPs fail; and a sediment monitoring plan, should the site discharge directly into a water body listed on the 303(d) list for sediment. Section A of the Construction General Permit describes the elements that must be contained in the SWPPP. Incorporation of these policies and ordinances and the requirements contained within would reduce project impacts to less than significant. 5. Can the project site be adequately served by all required utilities and public services? a. Fire Protection: The construction of 11 single family homes would result in a small increase of new residents, which could incrementally increase demands for fire protection services. However, the increased demand for fire protection services would be considered minimal and would be met with existing fire resources. Impacts to fire services are anticipated to be adequately funded by an increase in tax revenue, over an extended period of time, relative to the increase in development intensity. Additional fire personnel and associated facilities and equipment would be provided through the annual Operating Budget and Capital Improvement Program review process. Annually, Fire Department needs would be assessed and budget allocations revised accordingly to ensure that adequate levels of service are maintained throughout the City. Building plans submitted for new development on the project site would be required to comply with fire safety requirements. Additionally, development of the project site would not result in the need for new or physically altered fire protection facilities. Impacts to fire services would be less than significant. b. Police Protection: The construction of 11 single family homes would result in a small increase of new residents, which could incrementally increase demands for police services. Development of the project site would not result in the need for new or physically altered police protection facilities. Impacts to police services would be less than significant. c. Schools The Proposed Project would include the construction of 11 new single-family residences, resulting in a small increase of new residents. Based on the student generation rates of 0.406 for elementary students (Grades K-6), 0.144 for junior high school students (Grades 7-8), and 0.240 for high school students (Grades 9-12) per household provided in the Anaheim General Plan/Zoning Code Update EIR No. 3301, development of 11 new housing units would generate approximately 4 elementary students, 2 junior high students, and 3 high school students. Therefore, the Project would not significantly impact school services. In addition, payment of the appropriate school fees would be required for all new development in accordance with Senate Bill 50 (SB 50). The Proposed Project would be conditioned to pay the required fee as mandated by SB 50 to off-set the impact to school services. Pursuant to SB 50, payment of the school development fees are considered full mitigation. Impacts would be less than significant. d. Parks: The Proposed Project would generate a small increase of new residents that may utilize recreational facilities in the City. According to the Anaheim General Plan/Zoning Code Update EIR No. 330, the City has a goal of providing at least two acres of parkland per 1,000 residents. In order to help achieve this goal, AMC Section 17.34.010 requires residential developments to pay a park impact fee prior to the issuance of building permits in order to offset the increase in demand and use of recreational facilities. Therefore, no significant impacts would occur. e. Other Public Facilities: The Proposed Project would generate a small increase of new residents that may utilize library facilities in the City. The City of Anaheim Public Library system consists of a Central Library, eight branches, the Heritage House (former Carnegie Library), and a BookMobile. The population increase of less than one half of a percent of the total City population would not significantly impact the Public Library system. As a result, impacts associated with library services and facilities would be less than significant. f. Wastewater/Sewer: The Project would be served by the Anaheim Public Works Department for wastewater (Sanitary Sewer) collection service. The Project is located within a developed area and there is an existing Public wastewater (Sanitary Sewer) main in Cerritos, adjacent to the Project. The project would be required to connect to this existing wastewater (Sanitary Sewer) line. The existing wastewater facilities are not identified as deficient in either the “Existing” or “Build-out” conditions in the latest Combined Central Anaheim Area 1 Table 5.13-14 of the Anaheim General Plan/Zoning Code Update EIR Master Plan of Sanitary Sewers. Due to the small size of the project, no significant impacts on existing wastewater infrastructure would occur and the existing facilities would be adequate to serve the wastewater collection requirements of the Project. Impacts to wastewater treatment facilities (OCSD) would be less than significant. g. Storm Water Drainage: On-site drainage improvements proposed in conjunction with the proposed site work would be required to meet the City’s and Orange County Flood Control District’s flood control criteria including design discharges, design/construction standards and maintenance features. All new development projects in the City are also required to include specific design Best Management Practices to ensure that no stormwater runoff generated on site would be allowed to leave the site without pre-treatment for urban pollutants. The internal drainage patterns of the site would be slightly altered by Project development as the site is developed with 11 single family residences. However, the Project would not alter any drainage pattern in a manner that would result in substantial erosion or siltation on- or offsite. The Project would not involve an alteration of the course of a stream or river. Erosion and siltation impacts potentially resulting from the project would, for the most part, occur during the Project’s site preparation and earthmoving phase. Implementation of the NPDES permit requirements, as they apply to the site, would reduce potential erosion, siltation, and water quality impacts. Less than significant impacts would occur. h. Water Supplies: The City of Anaheim receives water from two main sources: the Orange County Groundwater Basin, which is managed by the Orange County Water District (OCWD), and imported water from the Metropolitan Water District of Southern California (MWD). Groundwater is pumped from 18 active wells located within the City, and imported water is delivered to the City through seven treated water connections and one untreated connection. According to the City of Anaheim 2010 Urban Water Management Plan (UWMP), local groundwater has been the least expensive and most reliable source of water supply for the City. The City depends heavily on the groundwater from the Orange County Groundwater Basin each year. The Project includes the development of 11 single family dwelling units. Due to the small size of the project, the supply of local water needed to support these units is not substantial. Therefore, the production rates of local wells would not be significantly impacted. Although the Project would result in an increased amount of impervious surfaces on the site, development would not result in a significant deficit in aquifer volume or a lowering of the local groundwater table. Less than significant impacts to groundwater supplies would occur. i. Solid Waste Disposal: Assembly Bill 939 requires local jurisdictions to divert at least 50 percent of their solid waste into recycling. As of 2012, the City is diverting approximately 65 percent of its waste into recycling. Waste from the City is currently being diverted to the Olinda Alpha Landfill in the City of Brea and the Frank R. Bowerman Landfill in the City of Irvine. Combined, the two landfills accept approximately 23,500 tons of waste per day, or over seven million tons annually. The project’s contribution of solid waste would be minimal and would not significantly impact landfill operations. No significant impacts would occur. j. Electricity: k. Natural Gas: l. Telephone Service: m. Television Service: The Project site is located in a built-out, urban setting. The site and the surrounding neighborhood are fully served by various utility service providers. There are no anticipated significant service or system upgrades needed to serve the proposed residential use. Any increase in demand for these services would be considered to be less than significant. ** Authority: See Public Resources Code Section 21083 and Section 15332 of Title 14 of the California Code of Regulations. DETERMINATION: I find that the answers given above are adequately supported by the information sources cited following each question and that the effects of the Project are typical of those generated within that class of projects (i.e., Class 32 – Infill Development Projects) characterized as in-fill development meeting the conditions of Section 15332 of Title 14 of the California Code of Regulations. The Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act. Signature of City of Anaheim Representative Date Amy Stonich, Contract Planner (714) 765-4959 Printed Name, Title Phone Number ȭ CERRITOS AVENUE N.T.S. RWRW ȭ STREET 'A' N.T.S. DRIVEWAYDRIVEWAY PROPOSED HOUSE 6" VERTICAL CURB (TYP.) PROPOSED HOUSE 6" VERTICAL CURB (TYP.) CURB & GUTTER SIDEWALK PROPOSED HOUSE CURB & GUTTER 4' SIDEWALK4' SIDEWALK EXISTINGHOUSE EASEMENT TO CITY 6' PERIMETER WALL PARKWAY LANDSCAPE ȭ STREET 'B' N.T.S. PROPOSED HOUSE 6" VERTICAL CURB (TYP.) PROPOSED HOUSE 6" VERTICAL CURB (TYP.) 4' SIDEWALK PRIVATE STREET EASEMENTPRIVATE STREET EASEMENT SILVEROAK INVESTMENT CORP. 19100 VON KARMAN AVENUE, SUITE 400 IRVINE, CA 91612 Lot No. Gross S.F Acres Net S.F Acres Plan S.F Lot Coverage % 1 6,721 0.15 6,600 0.15 2,199 33% 2 6,853 0.16 6,716 0.15 2,199 32% 3 6,677 0.15 6,532 0.15 2,199 33% 4 6,545 0.15 6,327 0.15 2,199 34% 5 6,188 0.14 6,188 0.14 2,199 36% 6 5,482 0.13 5,482 0.13 2,199 40% 7 6,167 0.14 6,167 0.14 2,199 36% 8 6,526 0.15 6,377 0.15 2,199 34% 9 6,575 0.15 6,344 0.15 2,199 33% 10 6,706 0.15 6,574 0.15 2,199 33% 11 6,757 0.16 6,683 0.15 1,762 26% Total 71,197 1.63 69,990 1.61 Average 6,472 0.14 6,363 0.13 Lot A 9,614 0.22 Lot B 1,664 0.04 Lot C 654 0.02 Lot D 800 0.02 Summary of Areas ATTACHMENT NO. 8 ȭ CERRITOS AVENUE N.T.S. RWRW ȭ STREET 'A' N.T.S. DRIVEWAYDRIVEWAY PROPOSED HOUSE 6" VERTICAL CURB (TYP.) PROPOSED HOUSE 6" VERTICAL CURB (TYP.) CURB & GUTTER SIDEWALK PROPOSED HOUSE CURB & GUTTER 4' SIDEWALK4' SIDEWALK EXISTING HOUSE EASEMENT TO CITY 6' PERIMETER WALL PARKWAY LANDSCAPE ȭ STREET 'B' N.T.S. PROPOSED HOUSE 6" VERTICAL CURB (TYP.) PROPOSEDHOUSE 6" VERTICAL CURB (TYP.) 4' SIDEWALK PRIVATE STREET EASEMENTPRIVATE STREET EASEMENT SILVEROAK INVESTMENT CORP. 19100 VON KARMAN AVENUE, SUITE 400 IRVINE, CA 91612 Lot No. Gross S.F Acres Net S.F Acres Plan S.F Lot Coverage % 1 6,721 0.15 6,600 0.15 2,199 33% 2 6,853 0.16 6,716 0.15 2,199 32% 3 6,677 0.15 6,532 0.15 2,199 33% 4 6,545 0.15 6,327 0.15 2,199 34% 5 6,188 0.14 6,188 0.14 2,199 36% 6 5,482 0.13 5,482 0.13 2,199 40% 7 6,167 0.14 6,167 0.14 2,199 36% 8 6,526 0.15 6,377 0.15 2,199 34% 9 6,575 0.15 6,344 0.15 2,199 33% 10 6,706 0.15 6,574 0.15 2,199 33% 11 6,757 0.16 6,683 0.15 1,762 26% Total 71,197 1.63 69,990 1.61 Average 6,472 0.14 6,363 0.13 Lot A 9,614 0.22 Lot B 1,664 0.04 Lot C 654 0.02 Lot D 800 0.02 Summary of Areas ATTACHMENT NO. 9 4 6 . 0 0 ' M I N 9 0 . 0 0 ' M I N F I R S T F L O O R U P 1 7 R G A R A G E 2 0 2 2 0 4 X B E D R O O M 4 1 0 0 1 3 0 X G R E A T R O O M 1 8 6 1 5 1 X D I N I N G 1 6 5 1 0 1 X K I T C H E N P D R . B A . 3 VALET W A L K - I N P A N T R Y D . W . O V E N / M I C R O . R E F . E N T R Y O P T . O U T D O O R L I V I N G 1 8 6 1 2 6 X 5 ' - 0 " 3 6 ' - 6 " 4 ' - 6 " 8'-10"51'-10"3'-6"16'-8" P O R C H L I N E N 7'-8" 18'-0" 1'-6" S E C O N D F L O O R MASTERBEDROOM1881510X M A S T E R B A T H B E D R O O M 2 1 1 6 1 2 0 X B E D R O O M 3 1 1 1 1 1 0 7 X BONUS ROOM /OPT. BEDROOM5177132X B A . 2 OPENTOBELOW L A U . W.D.DN17 R SEAT L I N E N OPT.BALCONY186126X W A L K - I N C L O S E T 3 6 L . F . BENCH H I G H W D W H I G H W D W OPT. SL. GL. DR. 4 B E D R O O M S / B O N U S R O O M / 3 . 5 B A T H S 2 - C A R G A R A G E F L O O R A R E A T A B L E 1 S T F L O O R 1 3 4 1 S Q . F T . 2 N D F L O O R 1 6 3 7 S Q . F T . T O T A L 2 , 9 7 8 S Q . F T . 2 - C A R G A R A G E 4 2 1 S Q . F T . O P T . O U T D O O R L I V I N G 2 6 3 S Q . F T . P O R C H 5 9 S Q . F T . N O T E : S Q U A R E F O O T A G E M A Y V A R Y D U E T O M E T H O D O F C A L C U L A T I O N BEDROOM 5123130XBEDROOM 5 / BA. 4@ BONUS ROOM BA. 40 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0" 6 9 4 . 1 5 0 5 4 1 1 . 1 0 . 1 5 J : \ G R O U P 1 5 \ 6 9 4 1 5 0 5 4 \ 5 0 5 4 F L R 2 A . D W G X C E R R I T O S , C A L I F O R N I A C E R R I T O S E A S T 19100 Von Karman AvenueIrvine, CA 92612(949) 477-9550 P L A N 2 2 , 9 7 8 S Q . F T . F R O N T T R A D I T I O N A L 1 / 4 " = 1 ' - 0 " LEFTRIGHT REAR 9'-1"9'-1" 8'-0"7'-6" 29'-5 1/2" R O O F P L A N A 1 / 8 " = 1 ' - 0 " P I T C H : 6 : 1 2 R A K E : 1 2 " E A V E : 1 2 " R O O F M A T E R I A L : F L A T T I L E 4 : 1 2 0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0" 6 9 4 . 1 5 0 5 4 1 1 . 1 0 . 1 5 J : \ G R O U P 1 5 \ 6 9 4 1 5 0 5 4 \ 5 0 5 4 E L V 2 . D W G X C E R R I T O S , C A L I F O R N I A C E R R I T O S E A S T 19100 Von Karman AvenueIrvine, CA 92612(949) 477-9550 P L A N 2 T R A D I T I O N A L F R O N T T U S C A N 1 / 4 " = 1 ' - 0 " LEFTRIGHT REAR 9'-1"9'-1" 8'-0"7'-6" 26'-4 3/4" R O O F P L A N B 1 / 8 " = 1 ' - 0 " P I T C H : 4 : 1 2 R A K E : 6 " E A V E : 1 2 " R O O F M A T E R I A L : ' S ' T I L E 0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0" 6 9 4 . 1 5 0 5 4 1 1 . 1 0 . 1 5 J : \ G R O U P 1 5 \ 6 9 4 1 5 0 5 4 \ 5 0 5 4 E L V 2 . D W G X C E R R I T O S , C A L I F O R N I A C E R R I T O S E A S T 19100 Von Karman AvenueIrvine, CA 92612(949) 477-9550 P L A N 2 T U S C A N F R O N T I T A L I A N 1 / 4 " = 1 ' - 0 " LEFTRIGHT 9'-1"9'-1" 8'-0"7'-6" 1'-0" REAR 27'-4 3/4" R O O F P L A N C 1 / 8 " = 1 ' - 0 " P I T C H : 4 : 1 2 R A K E : 1 8 " E A V E : 1 8 " R O O F M A T E R I A L : F L A T T I L E 0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0" 6 9 4 . 1 5 0 5 4 1 1 . 1 0 . 1 5 J : \ G R O U P 1 5 \ 6 9 4 1 5 0 5 4 \ 5 0 5 4 E L V 2 . D W G X C E R R I T O S , C A L I F O R N I A C E R R I T O S E A S T 19100 Von Karman AvenueIrvine, CA 92612(949) 477-9550 P L A N 2 I T A L I A N 4 6 . 0 0 ' M I N 9 1 . 0 0 ' M I N F I R S T F L O O R G A R A G E 2 0 2 2 0 4 X B E D R O O M 4 1 0 0 1 3 0 X G R E A T R O O M 1 8 6 1 5 1 X D I N I N G 1 6 5 1 0 1 X K I T C H E N P D R . B A . 3 VALET W A L K - I N P A N T R Y D . W . O V E N / M I C R O . R E F . E N T R Y O U T D O O R L I V I N G 1 8 6 1 2 6 X 5 ' - 0 " 3 6 ' - 6 " 4 ' - 6 " 11'-6"51'-10"3'-6" 1'-6" 15'-0"7'-8" P O R C H L I N E N U P 1 7 R D . O . S E C O N D F L O O R B E D R O O M 3 1 2 2 1 0 1 0 X DN17 RLINENBEDROOM 21261010X W A L K - I N C L O S E T 3 6 L . F . SUPER BONUSROOM1811292X M A S T E R B E D R O O M 1 6 5 1 6 8 X M A S T E R B A T H S E A T LAU. B A . 2 OPEN TOBELOW 4 B E D R O O M S / S U P E R B O N U S R O O M / 3 . 5 B A T H S 2 - C A R G A R A G E F L O O R A R E A T A B L E 1 S T F L O O R 1 , 3 4 1 S Q . F T . 2 N D F L O O R 1 , 9 0 3 S Q . F T . T O T A L 3 , 2 4 4 S Q . F T . 2 - C A R G A R A G E 4 2 1 S Q . F T . O P T . O U T D O O R L I V I N G 2 6 3 S Q . F T . P O R C H 5 9 S Q . F T . N O T E : S Q U A R E F O O T A G E M A Y V A R Y D U E T O M E T H O D O F C A L C U L A T I O N 0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0" 6 9 4 . 1 5 0 5 4 1 1 . 1 0 . 1 5 J : \ G R O U P 1 5 \ 6 9 4 1 5 0 5 4 \ 5 0 5 4 F L R 2 A _ O P T I O N . D W G X C E R R I T O S , C A L I F O R N I A C E R R I T O S E A S T 19100 Von Karman AvenueIrvine, CA 92612(949) 477-9550 P L A N 2 - O P T I O N 3 , 2 4 4 S Q . F T . F R O N T T R A D I T I O N A L 1 / 4 " = 1 ' - 0 " LEFTRIGHT REAR 9'-1"9'-1" 8'-0"7'-6" 29'-5 1/2" R O O F P L A N A 1 / 8 " = 1 ' - 0 " P I T C H : 6 : 1 2 R A K E : 1 2 " E A V E : 1 2 " R O O F M A T E R I A L : F L A T T I L E 4 : 1 2 0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0" 6 9 4 . 1 5 0 5 4 1 1 . 1 0 . 1 5 J : \ G R O U P 1 5 \ 6 9 4 1 5 0 5 4 \ 5 0 5 4 E L V 2 _ O P T I O N . D W G X C E R R I T O S , C A L I F O R N I A C E R R I T O S E A S T 19100 Von Karman AvenueIrvine, CA 92612(949) 477-9550 P L A N 2 - O P T I O N T R A D I T I O N A L F R O N T T U S C A N 1 / 4 " = 1 ' - 0 " LEFTRIGHT REAR 9'-1"9'-1" 8'-0"7'-6" 26'-4 3/4" R O O F P L A N B 1 / 8 " = 1 ' - 0 " P I T C H : 4 : 1 2 R A K E : 6 " E A V E : 1 2 " R O O F M A T E R I A L : ' S ' T I L E 0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0" 6 9 4 . 1 5 0 5 4 1 1 . 1 0 . 1 5 J : \ G R O U P 1 5 \ 6 9 4 1 5 0 5 4 \ 5 0 5 4 E L V 2 _ O P T I O N . D W G X C E R R I T O S , C A L I F O R N I A C E R R I T O S E A S T 19100 Von Karman AvenueIrvine, CA 92612(949) 477-9550 T U S C A N P L A N 2 - O P T I O N F R O N T I T A L I A N 1 / 4 " = 1 ' - 0 " LEFTRIGHT 9'-1"9'-1" 8'-0"7'-6" 1'-0" REAR 27'-4 3/4" R O O F P L A N C 1 / 8 " = 1 ' - 0 " P I T C H : 4 : 1 2 R A K E : 1 8 " E A V E : 1 8 " R O O F M A T E R I A L : F L A T T I L E 0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0" 6 9 4 . 1 5 0 5 4 1 1 . 1 0 . 1 5 J : \ G R O U P 1 5 \ 6 9 4 1 5 0 5 4 \ 5 0 5 4 E L V 2 _ O P T I O N . D W G X C E R R I T O S , C A L I F O R N I A C E R R I T O S E A S T 19100 Von Karman AvenueIrvine, CA 92612(949) 477-9550 I T A L I A N P L A N 2 - O P T I O N 5 5 . 0 0 ' M I N 9 1 . 0 0 ' M I N F I R S T F L O O R 5 ' - 0 " 4 5 ' - 0 " 5 ' - 0 " 12'-6"51'-3"18'-6"8'-9" O P T . O U T D O O R L I V I N G 1 4 1 0 1 3 0 X D I N I N G 1 7 0 1 1 4 X K I T C H E N G R E A T R O O M 2 0 0 1 5 3 X G A R A G E 2 0 0 2 0 4 X G A R A G E 1 1 0 1 8 0 X B E D R O O M 5 1 4 0 1 3 0 X H M C W A L K - I N P A N T R Y R E F . D . W . O V E N / M I C R O . B A . 4 P D R . P O R C H E N T R Y D R O P Z O N E STORAGE U P 1 7 R O P T . R E F . L I N E N P A N . D R O P S E C O N D F L O O R M A S T E R B E D R O O M 1 6 0 1 6 4 X M A S T E R B A T H W A L K - I N C L O S E T 4 1 L . F . BONUS ROOM /OPT. BEDROOM6 W/ BA. 51510160XLAU.BA. 3BEDROOM 41311128X B E D R O O M 3 1 3 0 1 0 5 X B A . 2 B E D R O O M 2 1 0 8 1 2 8 X OPENTOBELOW DN17 R S E A T L I N E N W.D.OPT. FP OPT.BALCONY/SUPERBONUS RM.1511140XOPT. SL. GL. DR.WALK-INCLOSET9 L.F. O P T . D E S K 5 B E D R O O M S / 4 . 5 B A T H S / B O N U S R O O M 3 - C A R G A R A G E F L O O R A R E A T A B L E 1 S T F L O O R 1 5 6 2 S Q . F T . 2 N D F L O O R 1 9 3 0 S Q . F T . T O T A L 3 4 9 2 S Q . F T . 2 - C A R G A R A G E 6 3 7 S Q . F T . O P T . O U T D O O R L I V I N G 2 3 3 S Q . F T . P O R C H 9 2 S Q . F T . L O T C O V E R A G E 0 % N O T E : S Q U A R E F O O T A G E M A Y V A R Y D U E T O M E T H O D O F C A L C U L A T I O N BEDROOM 6100122XWALK-INCLOSET11 L.F.OPT. BEDROOM 6 W/ BA. 5@ BONUS ROOM BA. 5DN17 R0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0" 6 9 4 . 1 5 0 5 4 1 1 . 1 0 . 1 5 J : \ G R O U P 1 5 \ 6 9 4 1 5 0 5 4 \ 5 0 5 4 F L R 3 A . D W G X C E R R I T O S , C A L I F O R N I A C E R R I T O S E A S T 19100 Von Karman AvenueIrvine, CA 92612(949) 477-9550 P L A N 3 3 , 4 9 2 S Q . F T . F R O N T T R A D I T I O N A L 1 / 4 " = 1 ' - 0 " LEFTRIGHT REAR 9'-1"9'-1" 8'-0" 1'-1" 7'-6" 28'-11 1/4" R O O F P L A N A 1 / 8 " = 1 ' - 0 " P I T C H : 6 : 1 2 U . N . O . R A K E : 1 2 " E A V E : 1 2 " R O O F M A T E R I A L : F L A T T I L E 8:12 8:12 8:12 8:12 8:12 8 : 1 2 0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0" 6 9 4 . 1 5 0 5 4 1 1 . 1 0 . 1 5 J : \ G R O U P 1 5 \ 6 9 4 1 5 0 5 4 \ 5 0 5 4 E L V 3 . D W G X C E R R I T O S , C A L I F O R N I A C E R R I T O S E A S T 19100 Von Karman AvenueIrvine, CA 92612(949) 477-9550 P L A N 3 T R A D I T I O N A L O P T I O N A L E N H A N C E M E N T S F R O N T T U S C A N 1 / 4 " = 1 ' - 0 " LEFTRIGHT REAR 9'-1"9'-1" 8'-0" 1'-1" 7'-6" 26'-1" R O O F P L A N B 1 / 8 " = 1 ' - 0 " P I T C H : 4 : 1 2 R A K E : 6 " E A V E : 1 2 " R O O F M A T E R I A L : ' S ' T I L E 0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0" 6 9 4 . 1 5 0 5 4 1 1 . 1 0 . 1 5 J : \ G R O U P 1 5 \ 6 9 4 1 5 0 5 4 \ 5 0 5 4 E L V 3 . D W G X C E R R I T O S , C A L I F O R N I A C E R R I T O S E A S T 19100 Von Karman AvenueIrvine, CA 92612(949) 477-9550 P L A N 3 T U S C A N F R O N T I T A L I A N 1 / 4 " = 1 ' - 0 " LEFTRIGHT 9'-1"9'-1" 8'-0" 1'-1" 7'-6" 1'-0" REAR 27'-1" R O O F P L A N C 1 / 8 " = 1 ' - 0 " P I T C H : 4 : 1 2 R A K E : 1 8 " E A V E : 1 8 " R O O F M A T E R I A L : F L A T T I L E 0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0" 6 9 4 . 1 5 0 5 4 1 1 . 1 0 . 1 5 J : \ G R O U P 1 5 \ 6 9 4 1 5 0 5 4 \ 5 0 5 4 E L V 3 . D W G X C E R R I T O S , C A L I F O R N I A C E R R I T O S E A S T 19100 Von Karman AvenueIrvine, CA 92612(949) 477-9550 P L A N 3 I T A L I A N F R O N T C R A F T S M A N 1 / 4 " = 1 ' - 0 " LEFTRIGHT REAR 9'-1"9'-1" 8'-0" 1'-1" 7'-6" 26'-1" R O O F P L A N D 1 / 8 " = 1 ' - 0 " P I T C H : 4 : 1 2 R A K E : 6 " E A V E : 1 8 " R O O F M A T E R I A L : F L A T T I L E 0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0"0 248SCALE: 1/4" = 1'-0" 6 9 4 . 1 5 0 5 4 1 1 . 1 0 . 1 5 J : \ G R O U P 1 5 \ 6 9 4 1 5 0 5 4 \ 5 0 5 4 E L V 3 . D W G X C E R R I T O S , C A L I F O R N I A C E R R I T O S E A S T 19100 Von Karman AvenueIrvine, CA 92612(949) 477-9550 P L A N 3 C R A F T S M A N CE R R I T O S A V E N U E CE R R I T O S A V E N U E ' A ' S T R E E T 'A ' S T R E E T L O T ' A ' LO T ' B ' LO T ' C ' LO T ' D ' R. O . W . LO T 1 PL A N 3 B FF E 1 2 0 . 2 7 PA D 1 1 9 . 6 0 LO T 3 PL A N 3 B R FF E 1 2 0 . 4 7 PA D 1 1 9 . 8 0 LO T 2 PL A N 3 A R FF E 1 2 0 . 3 7 PA D 1 1 9 . 7 0 LO T 1 1 PL A N 2 A R FF E 1 2 0 . 2 7 PA D 1 1 9 . 6 0 LO T 1 0 PL A N 3 C R FF E 1 2 0 . 3 7 PA D 1 1 9 . 7 0 LO T 9 PL A N 3 A FF E 1 2 0 . 4 7 PA D 1 1 9 . 8 0 (N . A . P . ) LO T 4 PL A N 3 A FF E 1 2 0 . 9 7 PA D 1 2 0 . 3 0 LO T 5 PL A N 3 C R FF E 1 2 0 . 7 7 PA D 1 2 0 . 1 0 LO T 6 PL A N 3 A R FF E 1 2 0 . 6 7 PA D 1 2 0 . 0 0 LO T 7 PL A N 3 B FF E 1 2 0 . 6 7 PA D 1 2 0 . 0 0 LO T 8 PL A N 3 C R FF E 1 2 0 . 6 7 PA D 1 2 0 . 0 0 DR I V E S & S E R V I C E W A L K S T O BE P L A I N C O N C R E T E W I T H A ME D I U M B R O O M F I N I S H & TR O W E L E D J O I N T S ( T Y P . ) EN T R Y W A L K S & S T O O P S T O BE P L A I N C O N C R E T E W I T H A ME D I U M B R O O M F I N I S H & TR O W E L E D J O I N T S ( T Y P . ) SI D E W A L K S T O B E P L A I N CO N C R E T E W I T H A ME D I U M B R O O M F I N I S H & TR O W E L E D J O I N T S ( T Y P . ) JOB:DRAWN: D A T E : CE R R I T O S I I - T R A C T 1 7 8 8 2 AN A H E I M , C A L I F O R N I A SI L V E R O A K I N V E S T M E N T C O R P . 19 1 0 0 V O N K A R M A N A V E . SUITE 400 IR V I N E , C A L I F O R N I A 9 1 6 1 2 1188 PCROBERT MITCHELL & ASSOCIATESPLANNING DESIGN LANDSCAPE ARCHITECTUREHARDSCAPE PLAN RAM N O V E M B E R 1 1 , 2 0 1 5 0'5'10'15'20' 4 0 ' 1"=20'-0" CE R R I T O S A V E N U E CE R R I T O S A V E N U E ' A ' S T R E E T 'A ' S T R E E T L O T ' A ' LO T ' B ' LO T ' C ' LO T ' D ' R. O . W . LO T 1 PL A N 3 B FF E 1 2 0 . 2 7 PA D 1 1 9 . 6 0 LO T 3 PL A N 3 B R FF E 1 2 0 . 4 7 PA D 1 1 9 . 8 0 LO T 2 PL A N 3 A R FF E 1 2 0 . 3 7 PA D 1 1 9 . 7 0 LO T 1 1 PL A N 2 A R FF E 1 2 0 . 2 7 PA D 1 1 9 . 6 0 LO T 1 0 PL A N 3 C R FF E 1 2 0 . 3 7 PA D 1 1 9 . 7 0 LO T 9 PL A N 3 A FF E 1 2 0 . 4 7 PA D 1 1 9 . 8 0 (N . A . P . ) LO T 4 PL A N 3 A FF E 1 2 0 . 9 7 PA D 1 2 0 . 3 0 LO T 5 PL A N 3 C R FF E 1 2 0 . 7 7 PA D 1 2 0 . 1 0 LO T 6 PL A N 3 A R FF E 1 2 0 . 6 7 PA D 1 2 0 . 0 0 LO T 7 PL A N 3 B FF E 1 2 0 . 6 7 PA D 1 2 0 . 0 0 LO T 8 PL A N 3 C R FF E 1 2 0 . 6 7 PA D 1 2 0 . 0 0 JOB:DRAWN: D A T E : CE R R I T O S I I - T R A C T 1 7 8 8 2 AN A H E I M , C A L I F O R N I A SI L V E R O A K I N V E S T M E N T C O R P . 19 1 0 0 V O N K A R M A N A V E . SUITE 400 IR V I N E , C A L I F O R N I A 9 1 6 1 2 1188 PCROBERT MITCHELL & ASSOCIATESPLANNING DESIGN LANDSCAPE ARCHITECTUREFENCE & WALL PLAN RAM N O V E M B E R 1 1 , 2 0 1 5 0'5'10'15'20' 4 0 ' 1"=20'-0"6'-0" TALL SPLIT FACE CONCRE TE BLOCK SCREEN WALL WITH PRECISION BLOCK ACCENT AND PRECAST CAP ALONG CERRITOS AVENUE (DETAILS 'A' & 'B')24" SQUARE 7'-8" TALL SPL IT FACE CONCRETE BLOCK PILASTER WITH PRE CAST CAP (DETAIL 'C')6 FT. TALL VINYL FENCE AT PROJECT PERIMETER AND PRIVATE YARD AREAS (DETAIL 'D')6'-0" TALL VINYL GATE FOR PR IVATE YARD AREAS (DETAIL 'D') C SP L I T F A C E M A S O N R Y P I L A S T E R w / P R E C A S T C A P 3/ 4 " = 1 ' - 0 " A SP L I T F A C E S C R E E N W A L L A L O N G C E R R I T O S A V E . 3/ 4 " = 1 ' - 0 " (C E R R I T O S A V E N U E S I D E ) 6 ' - 0 " M A X . 6 ' - 0 " M A X . 24 " FI N I S H GR A D E FI N I S H GR A D E PR E C A S T C A P PR E C A S T C A P 8" x 8 " x 1 6 " S P L I T F A C E CO N C R E T E B L O C K FA C I N G S T R E E T 8" x 8 " x 1 6 " S P L I T F A C E CO N C R E T E B L O C K B SP L I T F A C E S C R E E N W A L L A L O N G C E R R I T O S A V E . 3/ 4 " = 1 ' - 0 " (PRIVATE YARD SIDE) 6 ' - 0 " T Y P . FINISH GRADE PR E C A S T C A P 8"x8"x16" PRECISION CONCRETE BLOCK FACING UNITS JOB:DRAWN: D A T E : CE R R I T O S I I - T R A C T 1 7 8 8 2 AN A H E I M , C A L I F O R N I A SI L V E R O A K I N V E S T M E N T C O R P . 19 1 0 0 V O N K A R M A N A V E . SUITE 400 IR V I N E , C A L I F O R N I A 9 1 6 1 2 1188 PCROBERT MITCHELL & ASSOCIATESPLANNING DESIGN LANDSCAPE ARCHITECTURE D IM A G E S O F V I N Y L F E N C I N G & G A T E (N O S C A L E ) FE N C E & W A L L D E T A I L S & I M A G E S RAM N O V E M B E R 1 1 , 2 0 1 5 CE R R I T O S A V E N U E CE R R I T O S A V E N U E ' A ' S T R E E T 'A ' S T R E E T L O T ' A ' LO T ' B ' LO T ' C ' LO T ' D ' R. O . W . LO T 1 PL A N 3 B FF E 1 2 0 . 2 7 PA D 1 1 9 . 6 0 LO T 3 PL A N 3 B R FF E 1 2 0 . 4 7 PA D 1 1 9 . 8 0 LO T 2 PL A N 3 A R FF E 1 2 0 . 3 7 PA D 1 1 9 . 7 0 LO T 1 1 PL A N 2 A R FF E 1 2 0 . 2 7 PA D 1 1 9 . 6 0 LO T 1 0 PL A N 3 C R FF E 1 2 0 . 3 7 PA D 1 1 9 . 7 0 LO T 9 PL A N 3 A FF E 1 2 0 . 4 7 PA D 1 1 9 . 8 0 (N . A . P . ) LO T 4 PL A N 3 A FF E 1 2 0 . 9 7 PA D 1 2 0 . 3 0 LO T 5 PL A N 3 C R FF E 1 2 0 . 7 7 PA D 1 2 0 . 1 0 LO T 6 PL A N 3 A R FF E 1 2 0 . 6 7 PA D 1 2 0 . 0 0 LO T 7 PL A N 3 B FF E 1 2 0 . 6 7 PA D 1 2 0 . 0 0 LO T 8 PL A N 3 C R FF E 1 2 0 . 6 7 PA D 1 2 0 . 0 0 JOB:DRAWN: D A T E : CE R R I T O S I I - T R A C T 1 7 8 8 2 AN A H E I M , C A L I F O R N I A SI L V E R O A K I N V E S T M E N T C O R P . 19 1 0 0 V O N K A R M A N A V E . SUITE 400 IR V I N E , C A L I F O R N I A 9 1 6 1 2 1188 PCROBERT MITCHELL & ASSOCIATESPLANNING DESIGN LANDSCAPE ARCHITECTURECONCEPTUAL LANDSCAPE PLAN RAM N O V E M B E R 1 1 , 2 0 1 5 0'5'10'15'20' 4 0 ' 1"=20'-0"PLANTING LEGEND CUPANIOPSIS ANACARDIODES MIN. 15 GAL.CINNAMOMUM CAMPHORA MIN. 15 GAL.CRAPE MYRTLE MIN. 24" BOX CALLISTEMON CITRINUS MIN. 15 GAL.CERCIS OCCIDENTALIS MIN. 15 GAL.OLEA EUROPEA 'SWAN HILL'MIN. 15 GAL.BRACHYCHITON POPULNEUS MIN. 15 GAL.CONTAINER SHRUBS AND VINES WITH BARK MULCH (TYP.)LAWN FROM SOD "MARATHON ii" BY SOUTHLAND SOD FARMS OR EQUAL (TYP.)GROUNDCOVER IN PARKWAY (TYP.)NOTE:THE WALL FRONTING ONTO CERRITOS AVENUE WILL HAVE 5 GALLON VINES PLANTED AT 15 +/- FEET ON CENTER FOR ITS ENTIRE LENGTH. CE R R I T O S A V E N U E CE R R I T O S A V E N U E ' A ' S T R E E T 'A ' S T R E E T L O T ' A ' LO T ' B ' LO T ' C ' LO T ' D ' R. O . W . LO T 1 PL A N 3 B FF E 1 2 0 . 2 7 PA D 1 1 9 . 6 0 LO T 3 PL A N 3 B R FF E 1 2 0 . 4 7 PA D 1 1 9 . 8 0 LO T 2 PL A N 3 A R FF E 1 2 0 . 3 7 PA D 1 1 9 . 7 0 LO T 1 1 PL A N 2 A R FF E 1 2 0 . 2 7 PA D 1 1 9 . 6 0 LO T 1 0 PL A N 3 C R FF E 1 2 0 . 3 7 PA D 1 1 9 . 7 0 LO T 9 PL A N 3 A FF E 1 2 0 . 4 7 PA D 1 1 9 . 8 0 (N . A . P . ) LO T 4 PL A N 3 A FF E 1 2 0 . 9 7 PA D 1 2 0 . 3 0 LO T 5 PL A N 3 C R FF E 1 2 0 . 7 7 PA D 1 2 0 . 1 0 LO T 6 PL A N 3 A R FF E 1 2 0 . 6 7 PA D 1 2 0 . 0 0 LO T 7 PL A N 3 B FF E 1 2 0 . 6 7 PA D 1 2 0 . 0 0 LO T 8 PL A N 3 C R FF E 1 2 0 . 6 7 PA D 1 2 0 . 0 0 JOB:DRAWN: D A T E : CE R R I T O S I I - T R A C T 1 7 8 8 2 AN A H E I M , C A L I F O R N I A SI L V E R O A K I N V E S T M E N T C O R P . 19 1 0 0 V O N K A R M A N A V E . SUITE 400 IR V I N E , C A L I F O R N I A 9 1 6 1 2 1188 PCROBERT MITCHELL & ASSOCIATESPLANNING DESIGN LANDSCAPE ARCHITECTUREMAINTENANCE RESPONSIBILITY RAM N O V E M B E R 1 1 , 2 0 1 5 0'5'10'15'20' 4 0 ' 1"=20'-0"MAINTENANCE RESPONSIBILITY PRIVATE STREETS WITHIN LO T 'A', DRIVEWAY APRONS,PRIVATE SIDEWALKS, AND THE PORTION OF THE PUBLIC SIDEWALK ON CERRITOS AVENUE IN THE N.A.P.LOT/PARCEL ON THE SO UTH SIDE OF LOT 12.PUBLIC RIGHT-OF-WAY LANDSCAPING ALONG CERRITOS AVENUE WITHIN LOTS 'B', 'C', AND 'D' TO BE MAINTAINED BY THE PROJECT'S HOMEOWNERS ASSOCIATION.STREET & PUBLIC SIDEWALK WITHIN RIGHT-OF-WAY ALONG CERRITOS AVENUE IS TO BE MAINTAINED BY THE CITY OF ANAHEIM.DRIVEWAYS, ENTRY WALKS, AND SERVICE WALKS TO BE MAINTAINED BY EACH INDIVIDUAL HOMEOWNER.PRIVATE PARKWAY AND FRONT YARD LANDSCAPING TO BE MAINTAINED BY EACH INDIVIDUAL HOMEOWNER.PRIVATE BACK YARDS TO BE MAINTAINED BY EACH INDIVIDUAL HOMEOWNER. ȭ CERRITOS AVENUE N.T.S. RWRW ȭ STREET 'A' N.T.S. DRIVEWAYDRIVEWAY PROPOSED HOUSE 6" VERTICAL CURB (TYP.) PROPOSED HOUSE 6" VERTICAL CURB (TYP.) CURB & GUTTER SIDEWALK PROPOSED HOUSE CURB & GUTTER 4' SIDEWALK4' SIDEWALK EXISTINGHOUSE EASEMENT TO CITY 6' PERIMETER WALL PARKWAY LANDSCAPE ȭ STREET 'B' N.T.S. PROPOSED HOUSE 6" VERTICAL CURB (TYP.) PROPOSED HOUSE 6" VERTICAL CURB (TYP.) 4' SIDEWALK PRIVATE STREET EASEMENTPRIVATE STREET EASEMENT SILVEROAK INVESTMENT CORP. 19100 VON KARMAN AVENUE, SUITE 400 IRVINE, CA 91612 Lot No. Gross S.F Acres Net S.F Acres Plan S.F Lot Coverage % 1 6,721 0.15 6,600 0.15 2,199 33% 2 6,853 0.16 6,716 0.15 2,199 32% 3 6,677 0.15 6,532 0.15 2,199 33% 4 6,545 0.15 6,327 0.15 2,199 34% 5 6,188 0.14 6,188 0.14 2,199 36% 6 5,482 0.13 5,482 0.13 2,199 40% 7 6,167 0.14 6,167 0.14 2,199 36% 8 6,526 0.15 6,377 0.15 2,199 34% 9 6,575 0.15 6,344 0.15 2,199 33% 10 6,706 0.15 6,574 0.15 2,199 33% 11 6,757 0.16 6,683 0.15 1,762 26% Total 71,197 1.63 69,990 1.61 Average 6,472 0.14 6,363 0.13 Lot A 9,614 0.22 Lot B 1,664 0.04 Lot C 654 0.02 Lot D 800 0.02 Summary of Areas NEW CORRESPONDENCE ITEM NO. 8 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 9 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: DECEMBER 14, 2015 SUBJECT: VARIANCE NO. 2014-04987 AND FINAL SITE PLAN NO. 2014-00003 LOCATION: 1560 and 1570 South Harbor Boulevard (Park Vue Inn) APPLICANT/PROPERTY OWNER: The owner and applicant is Paul Durand with Scalzo Family Partnership. The project is represented by Phil Schwartze with The PRS Group. REQUEST: The applicant proposes to demolish an existing hotel with restaurant and retail uses and construct a new seven-story, 180-room hotel with a restaurant, retail uses and meeting space. The applicant is requesting approval of a final site plan and a variance to allow smaller interior building and landscape setbacks, fewer trees in the surface parking lot and fewer parking spaces than required by the Zoning Code. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that previously-certified Master Environmental Impact Report No. 313 (MEIR NO. 313) and Supplemental Environmental Impact Report No. 340 (SEIR No. 340), along with Mitigation Monitoring Plan No. 313, are the appropriate environmental documentation for this request, and approving Variance No. 2014-04987 and Final Site Plan No. 2014-00003. BACKGROUND: This 2.35-acre property is currently developed with a two-story, 86- room hotel with accessory uses, which include a 5,163 square foot Cold Stone Creamery, a 710 square foot gift shop, and an 8,428 square foot IHOP restaurant. The property is within the boundaries of the Anaheim Resort Specific Plan No. 92-2 (ARSP), in the C-R District (Development Area 1). The General Plan designates this property for Commercial Recreational land uses. The project site is bordered on the north and south by hotels; on the east by the United States Citizenship and Immigration Services office; and, on the west by Disney’s California Adventure, across Harbor Boulevard. PROPOSAL: The applicant proposes to demolish the existing hotel and freestanding restaurant to construct a seven-story, 180-room hotel with a 1,806 square foot Cold Stone Creamery, 1,035 square foot gift shop, 7,700 square foot IHOP restaurant and 804 square foot meeting room. Guest amenities would include a breakfast room and meeting room on the ground floor and a pool deck on the seventh floor. The pool deck would include a pool, bar, cabanas, and fire pits. The breakfast room, meeting room and pool deck would be for hotel guests only. VARIANCE NO. 2014-04987 AND FINAL SITE PLAN NO. 2014-00003 December 14, 2015 Page 2 of 6 The IHOP, Cold Stone Creamery and gift shop are proposed within freestanding buildings located at the front of the property. These uses include patio areas facing Harbor Boulevard to encourage pedestrian activity along the street. Vehicle access to the site would be provided from Harbor Boulevard via a single driveway. Vehicles would enter through an archway flanked by the restaurant buildings. The hotel is proposed at the rear of the property. A total of 201 parking spaces would be provided in a surface parking lot to the south of the hotel and one-level of subterranean parking, accessed at the rear of the property. The City Engineer has approved a deviation to the parking dimensions required by Standard Plan No. 471 pertaining to parking structure design. The approval letter is attached. The seven-story building would be built at a maximum height of 85 feet, two inches, including all architectural projections. The architectural style is contemporary, highlighting a play in color and massing. The predominant exterior finish is a smooth plaster with green glazing. Clear anodized aluminum creates long clean lines which accentuate the building’s windows, flat roofs and major color elements. The building design is culminated by the rooftop pool deck, from which hotel guests may view the theme parks and surrounding vistas. Proposed landscaping includes several shade, flowering and vertical tree species, as well as a variety of shrubs and groundcovers. Landscaping within the public parkway would match the existing landscape design along Harbor Boulevard and include Daylilies and a Boxwood hedge. Layered landscaping is proposed in the front setback between the patios and the public right of way. Queen Palms and Bird of Paradise are proposed to line the entry driveway. A continuous row of Italian Cypress is proposed along the south property line to serve as a green screen that would shield the view of blank building wall to the south. VARIANCE NO. 2014-04987 AND FINAL SITE PLAN NO. 2014-00003 December 14, 2015 Page 3 of 6 FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each requested action: Interior Setback and Parking Lot Tree Variances: A variance shall be granted upon a finding by the Planning Commission or City Council that the evidence presented shows that all of the following conditions exist: 1) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other properties under identical zoning classification in the vicinity; 2) That, because of special circumstances, shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. The Code requires a minimum ten foot wide fully-landscaped setback along all interior property lines. The rear (east) setback complies with this requirement. The north and south setbacks are deficient. Along the north property line, the restaurant would be set back 5 feet-2 inches and the hotel would be set back between 8 foot-6 inches and 15 feet-3 inches. The landscaped planters along this property line would vary between zero to six feet in width. Along the south property line, the ice cream shop would be set back 6 feet-8 inches and the hotel would be set back approximately 60 feet. The landscaped planters in this area would vary between zero to 24 feet. This proposed variance in building and landscape setback areas is justified due to special circumstances applicable to the property. The parcel is legal-nonconforming with respect to width; the Code requires a minimum lot width of 175 feet and the subject property has a width of 170 feet. In addition to being constrained by its long and narrow shape, development of the site is further limited by the property to the south, which is developed with a hotel building immediately adjacent to the property line. These constraints limit the placement of buildings and on-site circulation. These constraints result in a proposed project with setbacks that do not meet Code requirements. In addition, there are other properties in the vicinity that have similar characteristics and have been granted approval of similar setback variances. These properties include the Ramada Maingate hotel, located a few parcels south of the subject property. Staff recommends approval of the requested variances pertaining to setbacks. The Code requires surface parking lots to be landscaped with a minimum of one tree per five parking spaces. No trees are proposed within the parking spaces immediately adjacent to the hotel building. Planting opportunities are limited within this area due to the subterranean garage. In order to provide adequate parking on this narrow site, the subterranean garage extends below a portion of the surface parking area. It is not feasible for trees to grow above the parking garage. Due to this constraint, the row of parking spaces adjacent to the building is proposed without the required trees. However, the project includes a greater quantity of trees along the perimeter than required by the Code. Additionally, the retail building in the front of the property blocks the view of this surface parking area from Harbor Boulevard. Staff recommends approval of the requested variance pertaining to improvement of the surface parking lot. VARIANCE NO. 2014-04987 AND FINAL SITE PLAN NO. 2014-00003 December 14, 2015 Page 4 of 6 Parking Variance: A variance shall be granted upon a finding by the Planning Commission or City Council that the evidence presented shows that all of the following conditions exist: 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; 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; 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; 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; 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. The Code requires 229 parking spaces for the hotel, restaurant, retail and meeting space, based on the following: Use Parking Ratio Size Required Parking Hotel 0.8 space/guest room and 0.25 space per employee 180 rooms/25 employees 150 Meeting space 8 spaces/1,000 square feet 804 square feet 6 Full service restaurant 8 spaces/1,000 square feet when accessory to a hotel 7,700 square feet 62 Take out restaurant 5.5 spaces/1,000 square feet 1,806 square feet 10 Retail 1 space/1,000 square feet when accessory to a hotel 1,035 square feet 1 Total 229 A shared parking analysis was prepared by LSA Associates. The analysis considered the peak parking times for the various uses on-site. The analysis found that the maximum number of parking spaces required for peak parking periods would be 201 spaces. This is a conservative amount given that most patrons of the IHOP and Cold Stone Creamery would likely walk from the subject hotel or other nearby hotels on Harbor Boulevard. The project includes the recommended 201 parking spaces. By providing the recommended amount of parking, the proposed project would not increase the demand for parking on other properties or cause traffic congestion in the area. Staff recommends approval of the requested parking variance. Final Site Plan: The applicant requests approval of a final site plan to construct the hotel and accessory retail uses. Before the Planning Commission may approve the final plans, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: VARIANCE NO. 2014-04987 AND FINAL SITE PLAN NO. 2014-00003 December 14, 2015 Page 5 of 6 1) The design and layout of the proposed development are consistent with the General Plan, any applicable specific plan, the development standards of the applicable zoning district, and any special area guidelines or policies; 2) The design and layout of the proposed development 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 development is compatible with the character of the surrounding neighborhood; 4) The design of the proposed development will provide a desirable environment for its occupants, visiting public, and its neighbors, through the appropriate use of materials, texture and color, and will remain aesthetically appealing and be appropriately maintained; and 5) The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity. The ARSP requires approval of a final site plan for hotels to ensure that the proposed design is appropriate for the site, compatible with surrounding land uses and in compliance with specific plan requirements. Staff has reviewed the proposal and has determined that, with the exception of the requested variances pertaining to interior building and landscape setbacks, parking lot landscaping, and parking, the project complies with all applicable provisions of the ARSP. The proposed hotel project is consistent with the goals and policies of the Anaheim Resort Specific Plan. Additionally, Mitigation Monitoring Plan No. 313 includes certain measures to be complied with prior to approval of the Final Site Plan; these measures have been complied with as part of the review process. Staff recommends approval of the proposed final site plan. CEQA Environmental Determination: An initial study and various technical studies were prepared for this project. The initial study concludes that the proposed project is within the parameters, assumptions and time frames analyzed in the previously-certified Master Environmental Impact Report No. 313 (MEIR 313) and Supplemental Environmental Impact Report No. 340 (SEIR 340). MEIR 313 was certified in September 1994 for the ARSP and SEIR 340 was certified in December 2012 for Amendment No. 14 to the ARSP. Staff has prepared Mitigation Monitoring Plan No. 313 for this project, which includes all applicable mitigation measures from the mitigation and monitoring program approved in conjunction with SEIR 340. VARIANCE NO. 2014-04987 AND FINAL SITE PLAN NO. 2014-00003 December 14, 2015 Page 6 of 6 CONCLUSION: The proposed hotel project is consistent with the goals and policies of the ARSP. The requested variances are justified and the proposed project would be a well-designed addition to the Anaheim Resort. The proposed hotel would serve an important need to the area and represents a significant positive investment in area. Therefore, staff recommends approval of the requested final site plan and variance. Prepared by, Submitted by, Elaine Thienprasiddhi Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Development Summary 2. Draft Resolution 3. Letter of Request 4. Variance Request Letter 5. Shared Parking Letter 6. Parking Standard Deviation Approval 7. Final Site Plan Memorandum 8. Development Plans 9. Photos 10. Initial Study and Mitigation Monitoring Plan No. 313 SP 92-1DA3ASOUTHERN CALIFORNIA EDISON CO. EASEMENT SP 92-2 DA1RAMADA MAINGATE SP 92-2DA1RAMADA MAINGATE SP 92-2 DA1ANAHEIM INN SP 92-2 DA1RESTAURANT SP 92-2 DA1ANAHEIMDEL SOL INN SP 92-2 DA1ANAHEIM DESERT INN & SUITES SP 92-2DA1BEST WESTERNPARK PLACE HOTEL SP 92-2DA1TROPICANA INN SP 92-2 DA1CAROUSEL INN & SUITES SP 92-2 DA1ANAHEIM CAMELOTINN & SUITES SP 92-2DA1ANAHEIM FAIRFIELD INN BY MARRIOTT SP 92-1DA1DISNEYLAND Industrial Building US Citizenshipand ImmigrationServices S H A R B O R B L V D W DISNEY WAY W. BALL RD W. KATELLA AVE S . L E W I S S T S . H A R B O R B L V D S . W A L N U T S T E. BALL RDS . A N A H E I M B L V D E. KATELLA AVE S . N I N T H S T E. GENE AUTRY WAYS. C L E M E N T I N E S T 1560 & 1570 South Harbor Boulevard DEV No. 2013-00138 Subject Property APN: 082-211-16082-211-15 °0 50 100 Feet Aerial Photo:May 2014 S H A R B O R B L V D W DISNEY WAY W. BALL RD W. KATELLA AVE S . L E W I S S T S . H A R B O R B L V D S . W A L N U T S T E. BALL RDS . A N A H E I M B L V D E. KATELLA AVE S . N I N T H S T E. GENE AUTRY WAYS. C L E M E N T I N E S T 1560 & 1570 South Harbor Boulevard DEV No. 2013-00138 Subject Property APN: 082-211-16082-211-15 °0 50 100 Feet Aerial Photo:May 2014 ATTACHMENT NO. 1 DEVELOPMENT SUMMARY Development Standard Proposed Project ARSP Standards Site Area 2.35 acres --- Density 180 rooms, plus the retail equivalent of 19 rooms (600 sf of accessory retail area equals one room) 200 rooms maximum Front Setback 29 feet 26 feet Front Landscape Tree Density1 1,800 points 989 points minimum Interior Setbacks 0 to 15 feet2 10 feet minimum Interior Landscape Tree Density 9,250 points 8,682 points minimum Building Height 85 feet, 2 inches 85 feet, 5 inches Parking 201 spaces3 229 spaces 1 Tree density is calculated by multiplying the size (in square feet) of the landscape area and by a Tree Density Factor (0.3 at this location) to determine a minimum point value. Trees proposed in the landscape area are assigned a point value based on their size at installation. 2 The applicant requests a variance to permit a smaller setback than required by the Code for the north and south interior property lines. 3 The applicant requests a variance to permit less parking than required by the Code. [DRAFT] ATTACHMENT NO. 2 -1- PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING THAT THE PREVIOUSLY-CERTIFIED FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 340 SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING VARIANCE NO. 2014-04987 AND FINAL SITE PLAN NO. 2014-00003 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00138) (1560 AND 1570 SOUTH HARBOR BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified Petition for Variance No. 2014-04987 and Final Site Plan No. 2014-00003 to permit the demolition of an existing hotel and retail and restaurant uses and to permit the construction of a seven-story, 180-room hotel with a restaurant and retail uses with smaller interior building and landscape setbacks, fewer trees in the surface parking lot and fewer parking spaces than required by the Anaheim Municipal Code (the "Code") (collectively referred to herein as the "Proposed Project") for certain real property located at 1560 and 1570 South Harbor 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 2.35 acres, is developed with an 86-room hotel with accessory restaurant and retail spaces. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaries of the Anaheim Resort Specific Plan and within Development Area 1the Commercial Recreation (C-R) District (Development Area 1) of the the Anaheim Resort Specific Plan area and is, therefore, subject to the zoning and development standards set forth in Section 18.116.070 (Uses – Commercial Recreation (C-R) District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of the Code; 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”) by the adoption on September 20, 1994 of its Resolution No. 94R-234; and -2- PC2015-*** WHEREAS, by Resolution No. 2012-158, the City Council certified Final Supplemental Environmental Impact Report No. 2008-00340 ("Final EIR No. 340") (which Final EIR No. 340 included mitigation measures, a water supply assessment, a statement of overriding considerations and findings thereto), which reevaluated all of the environmental changes that had occurred in and around the Anaheim Resort Specific Plan Area since its adoption in 1994 and contained an analysis of the potential environmental impacts of various entitlements and actions referenced therein, including, inter alia, entitlements permitting the maximum build-out of the Anaheim Resort Specific Plan, including an increase of 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, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 14, 2015 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed Variance No. 2014-04987 and Final Site Plan No. 2014-00003 to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, pursuant to paragraph .0204 (Environmental Review) of Subsection .020 (Final Site Plan Review and Approval) of Section 18.116.040 (Methods and Procedures for Specific Plan Implementation) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of the Code, the Planning Commission hereby finds and determines that, in accordance with CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, the approvals required under CEQA for the Proposed Project have been made pursuant to the prior certification of MEIR No. 313 and Final EIR No. 340, prior approvals of related resolutions and ordinances, and the prior filing of a notice of determination; and WHEREAS, the Planning Commission further 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 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; -3- PC2015-*** 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; and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and considered Mitigation Monitoring Plan No. 313 ("MMP No. 313"), incorporated herein by this reference, which 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, 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 construct a seven-story, 180-room hotel with a restaurant and retail uses with smaller interior building and landscape setbacks, fewer trees in the surface parking lot and fewer parking spaces than required by the Code, has determined that Variance No. 2014-04987 should be approved for the following reasons: SECTION NO. 18.116.090.030 Minimum fully landscaped interior setback. (10 feet required; 0 to 15 feet proposed) 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the proposed Project. The property is long and narrow and the property to the south is developed with a hotel building immediately adjacent to the property line. These existing constraints limit the placement of buildings and, in order to provide adequate site circulation, require encroaching into the setbacks. The Project complies with the setback requirement along the east interior property line; however, this is not feasible along the north and south interior property lines due to the minimum widths for fire access and passenger drop off areas required for hotel developments. -4- PC2015-*** 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity due to the limited developable area, specifically the narrow width of the property. There are other properties in the vicinity that have similar characteristics and have been granted approval of setback waivers. SECTION NO. 18.116.140.090.0901 Required Improvement of Parking Areas - Minimum Number of Trees. (1 tree required every 5 parking spaces; none proposed for 21 parking spaces) 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the proposed Project. The property is long and narrow and, in order to provide adequate parking on the site, the subterranean garage extends beyond the line of the building and below a portion of the surface parking area. It is not feasible for trees to grow above the parking garage, so the row of parking spaces adjacent to the building is proposed without the required trees every five spaces. 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity due to the limited developable area, specifically the narrow width of portions of the property. The narrowness of the parcel presents constrains on the parking garage that are unique to the situation. The project, however, includes a greater quantity of trees along the perimeter than are required by the Code. Additionally, the surface parking area is not visible from the public right-of-way due to the retail buildings blocking the view. SECTION NO. 18.42.040.010 Minimum number of parking spaces. (229 spaces required; 201 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. A parking study was prepared by LSA Associates which determined that, based on the non-conflicting peak hoursfor the hotel and restaurants, shared peak parking demand is projected to be 201 parking spaces; 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 parking is not permited on public streets. The maximum parking demand is not anticipated to exceed the parking supply; therefore, will not increase competition for parking spaces on public streets; and 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. The parking study demonstrated that there is adequate on site parking to meet the demands of the existing and proposed uses, such that parking should not impact other properties; and -5- PC2015-*** 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 since parking demand is not anticipated to exceed the parking supply. Parking demand is primarily due to hotel patrons and does not require the same turnover of parking spaces as a typical restaurant or retail parking lot. Additionally, the project site does not contain perpendicular rows and aisles that would be potential sources of congestion; 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 proposed project will eliminate one of the two existing driveways on Harbor Boulevard. Additionally, the project includes a long driveway throat of approximately 150 feet. This distance is sufficient to contain potential queueing within the property without interference to traffic on Harbor Boulevard; therefore, would not impede vehicular ingress or egress form adjacent properties onto the public streets. WHEREAS, the Planning Commission does further 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, with the exception of the variance described herein as Variance No. 2014-04987. 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. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it; and -6- PC2015-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2014-04987 and Final Site Plan No. 2014-00003, contingent upon and subject to the conditions of approval, which are described in Exhibit B, attached hereto and incorporated herein by this reference. Said conditions 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. 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 the Planning Commission has reviewed and considered Mitigation Monitoring and Reporting Program No. 313 ("MMP"), which is attached hereto as Exhibit B 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. 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. 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. -7- PC2015-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -8- PC2015-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -9- PC2015-*** -10- PC2015-*** EXHIBIT “B” VARIANCE NO. 2014-04987 AND FINAL SITE PLAN NO. 2014-00003 (DEV2013-00138) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF DEMOLITION PERMITS 1 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 2 MM 5.3-1: 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 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. Planning and Building 3 MM 5.3-2: 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 4 MM 5.7-4: 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 -11- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMIT 5 MM 5.4-1: 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 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. Public Works 6 MM 5.4-2: 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. Public Works 7 MM 5.5-6: Prior to issuance of building or grading permits, the property owner/developer shall submit to the Planning and Building Department, Building Services Division 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 Building 8 MM 5.8-1: Prior to issuance of the first grading or building permit, whichever occurs first, the property owner/developer shall submit a Master Drainage and Runoff Management Plan (MDRMP) for review and approval by the Public Works Department, Development Services Division and Orange County (OC) Public Works -12- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Public Works/OC Engineering. The Master Plan shall include, but not be limited to, the following items: a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100-year storm; and, b. A delineation of the improvements to be implemented for control of project- generated drainage and runoff. 9 MM 5.8-2: Prior to issuance of a grading permit for sites that disturb more than one (1) acre of soil, the property owner/developer shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the Public Works Department, Development Services Division. Public Works 10 MM 5.12-6: 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 11 MM 5.14-3: Prior to approval of the first final subdivision map or issuance of the first building permit, whichever occurs first, 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 12 MM 5.14-5: 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 a approval and shall implement ATN recommendations to the extent feasible. Public Works 13 MM 5.14-19: 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 14 MM 5.16-1: 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: 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. Public Works -13- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 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). 15 MM 5.18-1: 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 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 Public Works -14- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT storm frequency prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building/structure, whichever occurs first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which could include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted by the property owner/developer to the City Engineer for review and approval and shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and, (4) construction estimates. 16 MM 5.19-5: Prior to issuance of each grading and building permit, 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 ISSUANCE OF BUILDING PERMITS 17 MM 5.14-14: Prior to the issuance of building permits or final map approval, whichever occurs first, security in the form of a bond, certificate of deposit, letter of credit, completion guarantee, or cash, in an amount and form satisfactory to the City Engineer shall be posted with the City to guarantee the satisfactory completion of all engineering requirements of the City of Anaheim, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities and other appurtenant work, as required by the City Engineer and in accordance with the specifications on file in the office of the City Engineer, as may be modified by the City Engineer. Installation of said improvements shall occur prior to final building and zoning inspections. Public Works ONGOING DURING PROJECT DEMOLITION AND CONSTRUCTION 18 MM 5.5-5: 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 Department, Building Services Division. Planning and Building 19 MM 5.7-6: Ongoing during project demolition and construction, 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 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. Fire 20 MM 5.7-3: 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. Santa Ana Regional Water Quality Control Board (SARWQCB) with a copy to Planning Fire Department Public Utilities -15- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT & Building. Note: Per a memo dated October 22, 2014 from the Public Utilities Department, as of July 1, 2014, the Environmental Services Division of the Public Utilities Department is no longer responsible for overseeing the cleanup of new UST cases, and the responsibility has been delegated to the Santa Ana Regional Water Quality Control Board (SARWQCB). However, the Anaheim Fire Department will still be responsible for overseeing the removal of USTs. (amended February 26, 2015). Department Planning & Building PRIOR TO THE PLACEMENT OF BUILDING MATERIALS ON A BUILDING SITE 21 MM 5.12-13: 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, 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. Fire PRIOR TO THE PLACEMENT OF BUILDING MATERIALS ON A BUILDING SITE 22 MM 5.12-5: Prior to commencement of structural framing on each parcel or lot, onsite fire hydrants shall be installed and charged by the property owner/developer as required and approved by the Fire Department. Fire PRIOR TO ISSUANCE OF BUILDING PERMITS 23 MM 5.1-2: Prior to issuance of building permits, 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 24 MM 5.1-11: Prior to issuance of each building permits, 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 25 MM 5.1-12: 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 26 MM 5.2-2: Prior to the issuance of each building permit, 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 Planning and Building -16- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 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. 27 MM 5.2-6: Prior to the issuance of each building permit, 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 28 MM 5.5-1: Prior to issuance of each building permit, 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 29 MM 5.5-2: 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 30 MM 5.5-3: Prior to issuance of each building permit, 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 31 MM 5.8-6: Prior to issuance of building permits, 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 32 MM 5.10-3: Prior to issuance of each building permit, for structures that are adjacent to noise-sensitive areas such as residences, the property owner/developer Planning and Building -17- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT shall ensure that all mechanical ventilation units are shown on plans and installed in compliance with Sound Pressure Level Ordinance. 33 MM 5.10-5: Prior to issuance of each building permit, 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 34 MM 5.10-9: 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 35 MM 5.10-10: Prior to issuance of each building permit, 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 36 MM 5.10-12: 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 37 MM 5.12-2: Prior to the issuance of each building permit for a parking structure, the property owner/developer shall submit plans to the Police Department for review and approval indicating the provision of closed circuit television monitoring and recording or other substitute security measures as may be approved by the Police Department. Said measures shall be implemented prior to final building and zoning inspections. Police 38 MM 5.12-4: Prior to issuance of each building permit, 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 39 MM 5.12-7: 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 40 MM 5.12-8: Prior to issuance of each building permit, plans shall be submitted to ensure that development is in accordance with the City of Anaheim Fire Fire -18- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 41 MM 5.12-9: 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, 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. Fire -19- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 42 MM 5.12-11: Prior to issuance of each building permit, 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 43 MM 5.12-14: Prior to approval of building plans, the property owner/developer shall provide written evidence to the satisfaction of the Fire Department that all lockable pedestrian and/or vehicular access gates shall be equipped with “knox box” devices as required and approved by the Fire Department. Fire 44 MM 5.12-17: 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 45 MM 5.12-19: Prior to the issuance of a building permit, 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 46 MM 5.14-2: 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 47 MM 5.14-6: Prior to the issuance of each building permit for a hotel development that exceeds 100 rooms per gross acre within the Commercial Recreation (C-R) District (Development Area 1) within the Convention Center (CC) Medium density category, the property owner shall record a covenant on the property requiring that ongoing during project implementation, the property owner/developer shall implement TDM measures sufficient to reduce the actual trip generation from the development to no more than the trips assumed by the City’s traffic model. The form of the covenant shall be approved by the City Attorney’s Office. Public Works 48 MM 5.14-12: Prior to the issuance of the first building permit, the location of any proposed gates across a driveway shall be subject to the review and approval of the City Engineer. Gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the current version of Engineering Standard Detail No. 475. Public Works 49 MM 5.14-13: Prior to the issuance of building permits, 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 50 MM 5.15-2: Prior to issuance of each building permit, 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 -20- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 51 MM 5.15-3: Prior to issuance of each building permit, 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. Planning and Building 52 MM 5.15-4: Prior to the issuance of each building permit, 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 53 MM 5.15-6: Prior to issuance of each building permit, 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 54 MM 5.17-1: Prior to issuance of each building permit, 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 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 Public Utilities -21- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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: i. New construction design review, in which the City cost-shares engineering for up to $10,000 for design of energy efficient buildings and systems ii. New Construction – cash incentives ($300 to $400 per kW reduction in load) for efficiency that exceeds Title 24 requirements Green Building Program – offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. 55 MM 5.17-3: Prior to issuance of each building permit, the property owner/developer shall submit plans and calculations to the City of Anaheim Planning and Building Department, Building Division, to demonstrate that the energy efficiency of each building will exceed the Title 24 Energy Efficiency Standards for Residential and Nonresidential Buildings current at the time of application by at least 10 percent. Planning and Building 56 MM 5.18-3: Prior to the issuance of building permits, the City shall require that building plans 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. Public Works 57 MM 5.19-1: 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: Public Works -22- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 58 MM 5.19-3: Prior to issuance of building permits, 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 59 MM 5.19-4: Prior to issuance of each building permit, 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 PRIOR TO APPROVAL OF WATER PLANS 60 MM 5.12-15: Prior to approval of on-site water plans, unless each commercial building is initially connected to separate fire services, an unsubordinated covenant satisfactory to the City Attorney’s Office shall be recorded prohibiting any individual sale of buildings until separate fire services are installed in the building(s) subject to the sale. Fire 61 MM 5.12-16: 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 ONGOING DURING CONSTRUCTION 62 MM 5.2-3: 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. Planning and Building -23- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 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. Use low sulfur fuel for equipment, to the extent practicable. 63 MM 5.10-1: Ongoing during construction, 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 64 MM 5.10-6: Ongoing during construction and project operation, 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 AM and 8:00 PM. Planning and Building 65 MM 5.10-7: Ongoing during construction and project operation, 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 66 MM 5.14-7: Ongoing during construction, 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 Police Public Works -24- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT such services. PRIOR TO EACH FINAL BUILDING AND ZONING INSPECTION 67 MM 5.1-5: Prior to final building and zoning inspections, private streets within the Anaheim Resort Specific Plan area shall have street lights installed which are compatible with the design standards used for the public streets as determined by the Public Utilities Department. Public Utilities 68 MM 5.1-6: 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 69 MM 5.1-7 and 5.8-4: Prior to final building and zoning inspections, 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 70 MM 5.5-4: Prior to the final building and zoning inspection for a hotel/motel, 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 71 MM 5.8-5: Prior to final building and zoning inspection, 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 72 MM 5.12-10: Prior to each final building and zoning inspection, the property owner/developer shall place emergency telephone service numbers in prominent locations as approved by the Fire Department. Fire 73 MM 5.14-4: Prior to the final building and zoning inspection, 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 74 MM 5.14-8: Prior to the final building and zoning inspection, 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 75 MM 5.14-9: Prior to the final building and zoning inspection, the property owner/developer shall provide to the City of Anaheim Public Works Department Public Works -25- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE 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. 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 bicycling alternative 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- -26- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 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. 76 MM 5.14-21: Prior to the final building and zoning Inspection 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 77 MM 5.15-7: Prior to final building and zoning inspections, 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 78 MM 5.17-2: Prior to final building and zoning inspection, 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 ONGOING 79 MM 5.1-3: Ongoing, the property owner/developer shall be responsible for the removal of any on-site graffiti within 24 hours of its application. Planning and Building 80 MM 5.1-8: Ongoing, 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 81 MM 5.1-9: Ongoing, 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 82 MM 5.1-10: Ongoing, a licensed arborist shall be hired by the property owner/developer to be responsible for all tree trimming. Planning and Building -27- PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 83 MM 5.2-1: Ongoing during project operation, 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 84 MM 5.8-3: Ongoing during project operations, 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 85 MM 5.12-3: Ongoing during project operation, 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 86 MM 5.15-9: Ongoing, 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 87 MM 5.19-2: Ongoing during project operation, 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 November 25, 2015 The Park Vue Hotel is proposing to demolish the existing 2-story 86-room hotel, the IHOP Restaurant and the Cold Stone Creamery on the existing 2.35 ac site and construct the following: • A new 7-story 180 room boutique hotel which includes the following accessory uses: a 1,166 s.f. Sky Lounge, a 2,545 s.f. Breakfast/Dining room and a 804 s.f. meeting room. • A new 7,700 s.f. IHOP restaurant building. • A new 2,841 s.f. Cold Stone Creamery and Gift Shop building The plan also includes 201 parking stalls provided on site: 82 surface stalls, 119 parking spaces located in an underground parking garage. The site will also include new landscaping and signage for the hotel. 31103 Rancho Viejo Road, Suite D-2260 San Juan Capistrano, CA 92675 Corporate Tax I.D. # 33-0375339 ATTACHMENT NO. 3 JUSTIFICATION FOR PARK VUE HOTEL 1570 SOUTH HARBOR BOULEVARD We are proposing to demolish an existing 2-story 86-room hotel with a restaurant and retail uses and construct a new 7-story 180-room hotel with a restaurant and retail uses. We are requesting the following waivers of the Anaheim Resort Specific Plan and have attached a site plan indicating the areas where we are not meeting code: Section 18.116.090 .020 and Table 116-G Minimum Required Building and Landscape Setbacks Code requires a minimum 10 foot building setback along all interior property lines. We are proposing setbacks of 0 foot (for trash enclosure) 3 foot 6 inches to 6 foot for the restaurant building and 10 foot setback for the hotel building with the exception of a portion of the hotel building (38 feet) where the hotel building setback is7 foot 6 inches along the north property. Along the south property line we are proposing a building setback of 6 foot 6 inches building setback for the restaurant and retail building. There is no building located along the east property line and we are proposing a 10 foot fully landscaped setback. Section 18.116.090 .030 Setbacks – Interior. Code requires a minimum 10 foot fully landscaped setback along all interior property lines. We are proposing to have a 0 to 10 foot landscaped setback along the north property line, a 10-foot fully landscaped setback along the east property line and a 0 to 5 foot fully landscaped setback along the south property line. There are special physical characteristic of the property that justify the requested waivers. Along the north property line the adjacent property to the north has an existing restaurant building located on the property line with a parking lot area along the rest of the property. On the south property line the existing hotel to the south is also built on the property line. Due to these constrains and the long narrow lot, the shape of this parcel limits the placement of buildings on the site in conformance with all code requirements, however constructing a new hotel building and restaurant brings the site into greater conformance with the Anaheim Resort Specific Plan by providing enhanced building elevations where there are existing blank wall elevations and upgraded landscape that exceeds the required tree density calculations of the Anaheim Resort Specific Plan code requirements and provides a greater building and landscape setback then currently exists on the site. The current hotel building abuts the property line of both the south and east property lines and the existing restaurant building abuts the north property line. There are other properties in the vicinity that have the same characteristics of a parcel that is a long and narrow and as they have redeveloped their property they have requested waivers of interior building setback and landscaping. For example the Ramada Maingate hotel at 1650 ATTACHMENT NO. 4 South Harbor Boulevard which was approved requested to demolish 24 existing motel rooms and construct 37 new motel rooms including the addition of approximately 800 square feet of retail space where granted waivers of setbacks that were less than required by Code and fewer parking spaces than required by Code. Sections 18.116.140.90 and 0901 Required Improvement of parking areas requires the following: .090 Required Improvement of Parking Areas. All parking areas shall be improved in compliance with Section 18.42.090 (Parking Lot Improvements and Landscaping); provided further that all portions of vehicular parking lots not used for parking stalls or circulation shall be planted, irrigated and maintained in accordance with the standards listed below. .0901 Minimum Number of Trees. Surface parking lots shall be landscaped and maintained with a minimum of one (1) twenty-four (24) inch box tree per each five (5) parking spaces, which trees shall be equally spaced. Trees shall have a spreading canopy that is sufficient to cover at least thirty percent (30%) of the parking surface with the tree canopy within five (5) years of installation. Tree wells shall be designed with decorative paving and/or landscaped with shrubs and/or ground cover. Code requires that all surface parking lots provide 1 tree per every five (5) parking spaces. The plans indicate that there are 82 surface parking spaces which would require 16 trees. We are proposing to have 12 trees 4 less trees than required by code. There are special physical characteristic of the property that justify the requested waivers. The long narrow lot, the shape of this parcel limits the placement of buildings and parking on the site in conformance with all code requirements. In order to meet the required parking spaces, an underground parking area is proposed. The 4 missing trees are located in the surface parking area along the east side of the property and that parking area is located directly above the underground parking area (see attached exhibit for location). No trees can be planted in the area above the parking garage as there is no way to irrigate them. The purpose of the number of trees and landscaping is to screen the parking area from public view. This parking area is located to the rear of the property and the parking lot will not be visible from the public right-of-way. Further the proposed landscaping on-site will screen any views into this area. We believe that there are special circumstances as stated above that would justify the requested waivers and strict application of the zoning code would deprive this property of privileges enjoyed by other property under identical zoning classification in the vicinity as noted above. 11/10/15 «P:\LSK1501\Shared Parking Letter.rev.docx» L S A A S S OC IA T ES , INC . 20 EXECUTIVE PARK, SUITE 200 IRVINE, CALIFORNIA 92614 949.553.0666 TEL 949.553.8076 FAX BERKELEY CARLSBAD FRESNO PALM SPRINGS PT. RICHMOND RIVERSIDE ROCKLIN SAN LUIS OBISPO PLANNING | ENVIRONMENTAL SCIENCES | DESIGN November 10, 2015 Elaine Thienprasiddhi Associate Planner City of Anaheim 200 South Anaheim Boulevard, Suite 162 Anaheim, CA 92805 Subject: Park Vue Inn Shared Parking Analysis Dear Ms. Thienprasiddhi: LSA Associates Inc. (LSA) is pleased to submit this analysis of shared parking at the Park Vue Inn. The Park Vue Inn is an existing 86-room motel located at 1570 South Harbor Boulevard in the City of Anaheim (City). Two pad buildings are located on the same parcel as the motel: one pad building houses a full-service restaurant (International House of Pancakes), and the other pad building houses a take-out food service (Coldstone) and a gift shop. The site currently has 132 parking spaces. Due to the site’s prominent location along a high-volume pedestrian corridor within the Anaheim Resort, walking is the primary travel mode for trips to either of the two pad buildings. As such, this parking analysis presents a conservative approach because the majority of restaurant patrons do not park a vehicle on site. The project proposes to demolish all existing buildings and construct a new 180-room hotel above a parking structure in addition to reconstructing two pad buildings to replace the existing businesses in- kind. The full-service restaurant is proposed to be 7,700 square feet (sf). A 2,841 sf building would accommodate the 1,806 sf take-out restaurant and 1,035 sf gift shop. A total of 201 parking spaces will be provided within the parking structure and surface parking lot. When seeking a variance from the parking requirements established by Anaheim Municipal Code (AMC) Section 18.42.40, the City requires that the following five findings be made. This letter provides data to support these findings. • 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; • That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon public streets in the immediate vicinity of the proposed use; • That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection .030 of Section 18.42.050 [Non-Residential Uses-Shared Parking Arrangements]); ATTACHMENT NO. 5 11/10/15 «P:\LSK1501\Shared Parking Letter.rev.docx» 2 L S A A S S OC IA T ES , INC . • 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; and • That the variance, under the conditions imposed, if any, will not impede vehicular ingress or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Parking Demand The project parcel is located within the Anaheim Resort Specific Plan. AMC Section 18.116.140.120 states that the off-street parking requirements found in AMC Section 18.42.040 apply within the boundaries of the Anaheim Resort Specific Plan. The off-street parking requirements established in AMC Section 18.42.040 state that hotels must provide 0.8 space/guest room, 8 spaces/thousand square feet (TSF) of banquet/meeting space, and 0.25 space/employee in guest room areas. A full- service restaurant integrated into a planned development complex would require 8 spaces/TSF. Take- out restaurants integrated into a planned development require 5.5 spaces/TSF. Retail stores within planned developments require 1 space/TSF. Table A presents the off-street parking spaces required per the AMC. As Table A shows, straight application of the AMC would require 229 parking spaces. The project proposes to provide 201 parking spaces, which is a 12.2 percent reduction. Table A: Municipal Code Parking Requirements Land Use Parking Space Rates per Anaheim Municipal Code §18.42.040 Project Parking Requirements Size Unit Required Parking Spaces Hotel – Room 0.8 space/guest room 180 Room 144 Hotel – Employee 0.25 space/employee 25 Employee 6 Hotel – Meeting Space 8 spaces/TSF of banquet/meeting space 0.804 TSF 6 Restaurant – Full Service (integrated) 8 spaces/TSF 7.700 TSF 62 Restaurant – Take-Out (integrated) 5.5 spaces/TSF 1.806 TSF 10 Retail Sales (integrated) 1 space/TSF 1.035 TSF 1 TOTAL 229 TSF = thousand square feet Shared Parking Because of different hours of operation and different offsetting parking activities, not all uses at the site require their full allotment of parking spaces at the same time. LSA used methodologies found in Shared Parking, Second Edition (Urban Land Institute 2005) to identify the daily variations in parking demand for each of the site’s land uses. The time-of-day factors found in Shared Parking are based on empirical studies and results from multiple parking accumulation counts. A detailed table outlining the shared parking analysis (Table B) is provided as an attachment to this report. The variation in parking needs reflects uses that are not fully utilized at the same time. For example, the Urban Land Institute’s research has indicated that hotels experience an average of 65 percent of their peak usage at 12:00 p.m., which is also when restaurants typically experience their peak demand. Table B identifies that peak parking demand for the site would occur at 8:00 p.m. At that time, 194 vehicles would be forecast to park on site. The 201 parking spaces provided on-site would accommodate this anticipated maximum demand. However, while a typical family restaurant may 11/10/15 «P:\LSK1501\Shared Parking Letter.rev.docx» 3 L S A A S S OC IA T ES , INC . experience 50 to 60 percent of its peak demand in the morning hours, this location is anecdotally known to be busy during the breakfast hours before Disneyland opens for business. It should be noted that if the estimate of parking demand for the full-service restaurant were manually adjusted to 100 percent between the hours of 7:00 a.m. and 9:00 a.m., the maximum parking demand would be forecast at 201 vehicles. The 201 parking spaces provided on-site would still accommodate this demand. A similar analysis was prepared for Saturday (Table C, attached). Weekend time-of-day factors found in Shared Parking were used for this analysis. These time-of-day factors predict that parking demand would peak at 8:00 p.m., when 188 vehicles would be parked on site. Again, if the estimate of parking demand for the full-service restaurant were manually adjusted to 100 percent between the hours of 7:00 a.m. and 9:00 a.m., the maximum parking demand would be forecast at 201 vehicles. Therefore, the proposed parking supply would satisfy weekend demand as well. Findings 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. The analysis presented in this letter identified that standard Urban Land Institute (ULI) shared parking methodology forecasts the maximum parking demand to be 194 parking spaces. However, reasonably foreseeable conditions specific to this site predict a maximum parking demand for 201 parking spaces. The project will construct 201 parking spaces and will not cause fewer off-street parking spaces to be provided for the proposed use than the number of spaces necessary to accommodate all parked vehicles attributable to the project. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon public streets in the immediate vicinity of the proposed use. Within the immediate vicinity of the project, parking is not permitted on public streets. The analysis presented in this letter identified that maximum parking demand is not anticipated to exceed the parking supply. Therefore, the project will not increase competition for parking spaces on public streets. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection .030 of Section 18.42.050 [Non-Residential Uses-Shared Parking Arrangements]). The analysis presented in this letter identified that the maximum parking demand is not anticipated to exceed the parking supply. In addition, both adjacent properties exercise control over parking in the form of either gated access or a parking attendant at the entrance to the parking lot. Therefore, it is not anticipated that the proposed project would increase demand and competition for parking spaces on adjacent properties. 11/10/15 «P:\LSK1501\Shared Parking Letter.rev.docx» 4 L S A A S S OC IA T ES , INC . 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. The analysis presented in this letter identified that the maximum parking demand is not anticipated to exceed the parking supply. Furthermore, this analysis presented a conservative approach because the majority of existing restaurant patrons do not park on site. Parking demand is primarily due to hotel patrons and does not require the same turnover of parking spaces as a typical restaurant or retail parking lot. Additionally, the project site does not contain perpendicular rows and aisles that would be potential sources of congestion. Therefore, the proposed project is not expected to increase traffic congestion within the off-street parking areas for the proposed use. That the variance, under the conditions imposed, if any, will not impede vehicular ingress or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The proposed project will eliminate one of the two existing driveways on Harbor Boulevard. In addition, the project includes a long driveway throat of approximately 150 feet. This distance is sufficient to contain potential queueing within the property without interference to traffic on Harbor Boulevard. Therefore, the proposed project is not expected to impede vehicular ingress or egress from adjacent properties onto the public streets. Conclusion LSA examined parking at the Park Vue Inn. Based on the variable parking demand for each of the site’s uses, a maximum parking demand of 201 spaces is anticipated. This parking demand could be accommodated within the 201 parking spaces provided on site. The analysis of shared parking appears to support a 12.2 percent reduction in the off-street parking requirement. As a result, this project would satisfy the City’s findings for a parking variance. Sincerely, LSA ASSOCIATES, INC. Ken Wilhelm Principal cc: Paul Durand, Scalzo Hospitality Scott von Kaenel, Lee & Sakahara Architects, Inc. Attachments: Table B: Weekday Time-of-Day Parking Requirements for Park Vue Inn Table C: Saturday Time-of-Day Parking Requirements for Park Vue Inn LS A A S S O C I A T E S , I N C . Ta b l e B : W e e k d a y T i m e - o f - D a y P a r k i n g R e q u i r e m e n t s f o r P a r k V u e I n n 6: 0 0 a . m . 7 : 0 0 a . m . 8 : 0 0 a . m . 9 : 0 0 a . m . 1 0 : 0 0 a . m . 1 1 : 0 0 a . m . 1 2 : 0 0 p . m . 1 : 0 0 p . m . 2 : 0 0 p . m . 3 : 0 0 p . m . 4 : 0 0 p . m . 5 : 0 0 p . m . 6 : 0 0 p . m . 7 : 0 0 p . m. 8 : 0 0 p . m . 9 : 0 0 p . m . 1 0 : 0 0 p . m . 1 1 : 0 0 p . m . Ho t e l - L e i s u r e G u e s t 9 5 % 9 5 % 9 0 % 8 0 % 7 0 % 7 0 % 6 5 % 6 5 % 7 0 % 7 0 % 7 5 % 8 0 % 8 5 % 8 5 % 9 0 % 9 5 % 9 5 % 1 0 0 % Em p l o y e e 5 % 3 0 % 9 0 % 9 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 9 0 % 7 0 % 4 0 % 2 0 % 2 0 % 2 0 % 2 0 % 1 0 % Co n f e r e n c e / B a n q u e t 0 % 0 % 3 0 % 6 0 % 6 0 % 6 0 % 6 5 % 6 5 % 6 5 % 6 5 % 6 5 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 5 0 % 0 % Fa m i l y R e s t a u r a n t C u s t o m e r 2 5 % 1 0 0 % 1 0 0 % 1 0 0 % 8 5 % 9 0 % 1 0 0 % 9 0 % 5 0 % 4 5 % 4 5 % 7 5 % 8 0 % 8 0 % 8 0 % 6 0 % 5 5 % 5 0 % 50 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 7 5 % 7 5 % 9 5 % 9 5 % 9 5 % 9 5 % 8 0 % 6 5 % 6 5 % Fa s t F o o d C u s t o m e r 5 % 1 0 % 2 0 % 3 0 % 5 5 % 8 5 % 1 0 0 % 1 0 0 % 9 0 % 6 0 % 5 5 % 6 0 % 8 5 % 8 0 % 5 0 % 3 0 % 2 0 % 1 0 % 15 % 2 0 % 3 0 % 4 0 % 7 5 % 1 0 0 % 1 0 0 % 1 0 0 % 9 5 % 7 0 % 6 0 % 7 0 % 9 0 % 9 0 % 6 0 % 4 0 % 3 0 % 2 0 % Re t a i l C u s t o m e r 1 % 5 % 1 5 % 3 5 % 6 5 % 8 5 % 9 5 % 1 0 0 % 9 5 % 9 0 % 9 0 % 9 5 % 9 5 % 9 5 % 8 0 % 5 0 % 3 0 % 1 0 % Em p l o y e e 1 0 % 1 5 % 4 0 % 7 5 % 8 5 % 9 5 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 9 5 % 9 5 % 9 5 % 9 0 % 7 5 % 4 0 % 1 5 % To t a l D e m a n d 2 Ho t e l - R o o m 1 4 4 1 3 7 1 3 7 1 3 0 1 1 5 1 0 1 1 0 1 9 4 9 4 1 0 1 1 0 1 1 0 8 1 1 5 1 2 2 1 2 2 1 3 0 1 3 7 1 3 7 1 4 4 Ho t e l - E m p l o y e e 6 02 6 6 6 6 6 6 6 6 6 4 3 1 1 1 1 1 Ho t e l - M e e t i n g S p a c e 6 00 2 4 4 4 4 4 4 4 4 6 6 6 6 6 3 0 IH O P ( F a m i l y R e s t a u r a n t ) 6 2 1 8 6 2 6 2 6 2 5 4 5 6 6 2 5 6 3 5 3 0 3 0 4 8 5 1 5 1 5 1 3 9 3 5 3 2 Co l d s t o n e ( F a s t F o o d ) 1 0 11 2 3 6 9 1 0 1 0 9 6 6 6 9 8 5 3 2 1 Gi f t S h o p 1 00 0 0 1 1 1 1 1 1 1 1 1 1 1 1 0 0 15 5 2 0 1 2 0 1 1 9 0 1 7 1 1 7 7 1 7 7 1 7 1 1 5 7 1 4 9 1 5 5 1 8 1 1 9 1 1 9 0 1 9 4 1 8 7 1 7 9 1 7 8 1 T i m e - o f - D a y F a c t o r s r e f e r e n c e d f r o m Sh a r e d P a r k i n g , S e c o n d E d i t i o n , U r b a n L a n d I n s t i t u t e , 2 0 0 5 w i t h r e d u c t i o n s b a s e d o n h o u r s o f o p e r a t i o n o n s i t e . 2 P a r k i n g R e q u i r e m e n t s p e r C i t y o f A n a h e i m M u n i c i p a l C o d e 1 8 . 4 2 . 0 4 0 Ta b l e C : S a t u r d a y T i m e - o f - D a y P a r k i n g R e q u i r e m e n t s f o r P a r k V u e I n n 6: 0 0 a . m . 7 : 0 0 a . m . 8 : 0 0 a . m . 9 : 0 0 a . m . 1 0 : 0 0 a . m . 1 1 : 0 0 a . m . 1 2 : 0 0 p . m . 1 : 0 0 p . m . 2 : 0 0 p . m . 3 : 0 0 p . m . 4 : 0 0 p . m . 5 : 0 0 p . m . 6 : 0 0 p . m . 7 : 0 0 p . m. 8 : 0 0 p . m . 9 : 0 0 p . m . 1 0 : 0 0 p . m . 1 1 : 0 0 p . m . Ho t e l - L e i s u r e G u e s t 9 5 % 9 5 % 9 0 % 8 0 % 7 0 % 7 0 % 6 5 % 6 5 % 7 0 % 7 0 % 7 5 % 8 0 % 8 5 % 8 5 % 9 0 % 9 5 % 9 5 % 1 0 0 % Em p l o y e e 5 % 3 0 % 9 0 % 9 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 9 0 % 7 5 % 6 0 % 5 5 % 5 5 % 5 5 % 4 5 % 4 5 % Co n f e r e n c e / B a n q u e t 0 % 0 % 3 0 % 6 0 % 6 0 % 6 0 % 6 5 % 6 5 % 6 5 % 6 5 % 6 5 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 5 0 % 0 % Fa m i l y R e s t a u r a n t C u s t o m e r 1 0 % 1 0 0 % 1 0 0 % 1 0 0 % 9 0 % 9 0 % 1 0 0 % 8 5 % 6 5 % 4 0 % 4 5 % 6 0 % 7 0 % 7 0 % 6 5 % 3 0 % 2 5 % 1 5 % 50 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 7 5 % 7 5 % 9 5 % 9 5 % 9 5 % 9 5 % 8 0 % 6 5 % 6 5 % Fa s t F o o d C u s t o m e r 5 % 1 0 % 2 0 % 3 0 % 5 5 % 8 5 % 1 0 0 % 1 0 0 % 9 0 % 6 0 % 5 5 % 6 0 % 8 5 % 8 0 % 5 0 % 3 0 % 2 0 % 1 0 % 15 % 2 0 % 3 0 % 4 0 % 7 5 % 1 0 0 % 1 0 0 % 1 0 0 % 9 5 % 7 0 % 6 0 % 7 0 % 9 0 % 9 0 % 6 0 % 4 0 % 3 0 % 2 0 % Re t a i l C u s t o m e r 1 % 5 % 1 0 % 3 0 % 5 0 % 6 5 % 8 0 % 9 0 % 1 0 0 % 1 0 0 % 9 5 % 9 0 % 8 0 % 7 5 % 6 5 % 5 0 % 3 5 % 1 5 % Em p l o y e e 1 0 % 1 5 % 4 0 % 7 5 % 8 5 % 9 5 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 1 0 0 % 9 5 % 8 5 % 8 0 % 7 5 % 6 5 % 4 5 % 1 5 % To t a l D e m a n d 2 Ho t e l - R o o m 1 4 4 1 3 7 1 3 7 1 3 0 1 1 5 1 0 1 1 0 1 9 4 9 4 1 0 1 1 0 1 1 0 8 1 1 5 1 2 2 1 2 2 1 3 0 1 3 7 1 3 7 1 4 4 Ho t e l - E m p l o y e e 6 02 6 6 6 6 6 6 6 6 6 5 4 3 3 3 3 3 Ho t e l - M e e t i n g S p a c e 6 00 2 4 4 4 4 4 4 4 4 6 6 6 6 6 3 0 IH O P ( F a m i l y R e s t a u r a n t ) 6 2 1 0 6 2 6 2 6 2 5 6 5 6 6 2 5 4 4 3 2 8 3 0 4 0 4 5 4 5 4 3 2 3 1 9 1 4 Co l d s t o n e ( F a s t F o o d ) 1 0 11 2 3 6 9 1 0 1 0 9 6 6 6 9 8 5 3 2 1 Gi f t S h o p 1 00 0 0 1 1 1 1 1 1 1 1 1 1 1 1 0 0 14 8 2 0 1 2 0 1 1 9 0 1 7 4 1 7 7 1 7 6 1 6 9 1 6 5 1 4 6 1 5 5 1 7 4 1 8 7 1 8 7 1 8 8 1 7 3 1 6 4 1 6 2 1 T i m e - o f - D a y F a c t o r s r e f e r e n c e d f r o m Sh a r e d P a r k i n g , S e c o n d E d i t i o n , U r b a n L a n d I n s t i t u t e , 2 0 0 5 w i t h r e d u c t i o n s b a s e d o n h o u r s o f o p e r a t i o n o n s i t e . 2 P a r k i n g R e q u i r e m e n t s p e r C i t y o f A n a h e i m M u n i c i p a l C o d e 1 8 . 4 2 . 0 4 0 Ti m e o f D a y F a c t o r s 1 Em p l o y e e Em p l o y e e Ti m e o f D a y P a r k i n g D e m a n d To t a l To t a l Ti m e o f D a y P a r k i n g D e m a n d Pa r k V u e I n n S h a r e d P a r k i n g R e q u i r e m e n t s Em p l o y e e Ti m e o f D a y F a c t o r s 1 Em p l o y e e Pa r k V u e I n n S h a r e d P a r k i n g R e q u i r e m e n t s P: \ L S K 1 5 0 1 \ S h a r e d P a r k i n g 2 . x l s \ T i m e o f D a y R e q u i r e m e n t s ( 1 0 / 2 2 / 2 0 1 5 ) ATTACHMENT NO. 6 City of Anaheim PLANNING AND BUILDING DEPARTMENT Planning Services Division 200 S. Anaheim Blvd. Anaheim, California 92805 TEL: 714.765.5139 FAX: 714.765.5280 To: File DEV2013-00138 From: Elaine Thienprasiddhi, Senior Planner Date: November 25, 2015 RE: Mitigation Monitoring Plan No. 313, Compliance with Measure Required Prior to Final Site Plan Approval Staff has verified that the applicant has complied with all mitigation measures that are required to be fulfilled prior to approval of the Final Site Plan, as follows: MM 5.12-12: Prior to the approval of each Final Site Plan and prior to the issuance of each building permit, plans shall be reviewed and approved by the Fire Department as being in conformance with the Uniform Fire Code. MM 5.1-14: Prior to Final Site Plan approval, plans shall show that no shuttle/bus/vehicular drop-off areas shall be permitted in hotel/motel or vacation resort front setback area. MM 5.1-13: Prior to Final Site Plan approval, plans shall show that the rear elevations of buildings visible from off-site areas shall be architecturally accented to portray a finished look. MM 5.1-4: Prior to Final Site Plan approval, the location and configuration of all lighting fixtures including ground-mounted lighting fixtures utilized to accent buildings, landscape elements, or to illuminate pedestrian areas shall be shown on all Final Site Plans. All proposed surface parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet adjacent to any residential properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines. MM 5.1-1: Prior to final site plan approval, the property owner/developer shall submit a shade and shadow analysis to the Planning and Building Department for review and approval demonstrating that the proposed structure(s) would avoid creating significant shade and shadow impacts on adjacent land uses to the maximum extent feasible. A significant shade and shadow impact would occur when outdoor active areas (e.g., outdoor eating areas, hotel/motel swimming pools, and residential front and back yards) or structures that include sensitive uses (e.g., residences) have windows that normally receive sunlight are covered by shadows for more than 50 percent of the sunlight hours. ATTACHMENT NO. 7 File DEV2013-00138 November 25, 2015 Page 2 of 2 MM 5.10-2: Prior to approval of each final site plan, the property owner/developer shall submit a noise study prepared by a certified acoustical engineer to the satisfaction of the Building Division Manager identifying whether noise attenuation is required and defining the attenuation measures and specific performance requirements, if warranted, to comply with the Uniform Building Code and Sound Pressure Level Ordinance. Ultimate noise attenuation requirements, if any, shall depend on the final location of such buildings and noise-sensitive uses inside and surrounding the buildings. Attenuation measures shall be implemented by the property owner/developer prior to final building and zoning inspections. MM 5.4-3: Prior to approval of a final site plan for properties that contain a structure over 45 years old, property owners/developers shall submit to the Planning and Building Department, Planning Services Division, documentation to verify the presence/absence of historic resources. On properties where resources are identified, such documentation shall provide a detailed mitigation plan, including a monitoring program and recovery and/or in situ preservation plan, based on the recommendations of a qualified specialist. MM 5.12-1: 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 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). MM 5.15-5: Prior to approval of the Final Site Plan and building permits, 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. LEE & SAKAHARA ARCHITECTS, INC P A R K V U E I N N - A N A H E I M , C A SC A L Z O H O S P I T A L I T Y A-1 S I T E P L A N A-1 A C I R C U L A T I O N P L A N A-2 H O T E L - P A R K I N G L E V E L A-3 H O T E L - 1 S T F L O O R P L A N A-4 H O T E L - 2 N D F L O O R P L A N A-5 H O T E L - 3 R D F L O O R P L A N A-6 H O T E L - 4 T H & 5 T H F L O O R P L A N S A-7 H O T E L - 6 T H & 7 T H F L O O R P L A N S A-8 H O T E L - R O O F P L A N A-9 H O T E L - U N I T P L A N S A-1 0 H O T E L - S O U T H & W E S T E L E V A T I O N S A-1 1 H O T E L - N O R T H & E A S T E L E V A T I O N S A-1 2 H O T E L - B U I L D I N G S E C T I O N S SH E E T I N D E X : A-13 R E S T A U R A N T / R E T A I L - 1 S T F L O O R P L A N & R O O F P L A N A-14 R E S T A U R A N T / R E T A I L - E L E V A T I O N S A-15 R E S T A U R A N T / R E T A I L - S E C T I O N S A-16 S U N S T U D Y A-17 S U N S T U D Y A-18 I S O M E T R I C A-19 I S O M E T R I C C-01 C O N C E P T U A L G R A D I N G P L A N C-02 C O N C E P T U A L U T I L I T Y P L A N L-1 P R E L I M I N A R Y P L A N T I N G P L A N L-2 P R E L I M I N A R Y I R R I G A T I O N P L A N E-1 S I T E L I G H T I N G P H O T O M E T R I C P L A N E-2 G A R A G E L I G H T I N G P H O T O M E T R I C P L A N ATTACHMENT NO. 8 65 18 15 2 2 2 PR O P O S E D IH O P R E S T A U R A N T PR O P O S E D CO L D S T O N E / G I F T S H O P 5% RAMP DOWN SU R F A C E P A R K I N G (8 2 S P A C E S ) PAR K I N G S T R U C T U R E B E L O W S O U T H H A R B O R B L V D RIG H T O F W A Y 69 ' - 0 " SE T B A C K 26 ' - 0 " 1 1 7 ' - 3 " 84' - 8 " 285 ' - 0 " 78'-10" PR O P E R T Y L I N E PROPERTY LINE PR O P E R T Y L I N E 18' - 0 " 1 7 ' - 2 " 36' - 6 " 61 ' - 4 " 4'-10"18'-0"28'-0"18'-0" 1 0 ' - 0 " DROP-OFF ZONE (SINGLE LANE)PORTE COCHERE CO V E R E D P E R G O L A SIDEWALK FU T U R E RIG H T O F W A Y 26' - 0 " S E T B A C K 5'-0 " L A N D S C A P E / B U I L D I N G S E T B A C K 10'-0" LANDSCAPE SETBACK 5'- 0 " L A N D S C A P E / B U I L D I N G S E T B A C K 6 ' - 0 " 1 8 ' - 0 " 2 4 ' - 0 " 1 6 ' - 5 " 2 7 ' - 6 " 8 ' - 0 " 8 ' - 6 " 8 ' - 0 " 9 ' - 0 " 5 ' - 6 " 2 5 ' - 0 " 1 4 ' - 6 " 6 ' - 0 " 1 8 ' - 0 " 2 6 ' - 0 " 1 8 ' - 0 " 2 ' - 1 1 " 9 ' - 6 " LA N D S C A P E A R E A LANDSCAPE AREA LA N D S C A P E LA LA LA LA SID E W A L K ENTRYRAMP DOWN TO PARKING STRUCTURE PR O P O S E D 1 8 0 R O O M S 7-S T O R Y H O T E L W/ ( 1 - S T O R Y B E L O W G R A D E P A R K I N G S T R U C T U R E ) 8'-0" 18'-0"28'-0"18'-0" 5'-0" 9'-4"5'-0" 1 7 ' - 7 " 16'-6"28'-0"18'-0"PARKING STRUCTURE BELOW TR A S H SER V I C E DE L I V E R Y / LO A D I N G DEL I V E R Y / LO A D I N G TT LA LA TURN AROUND AFD T U R N I N G R A D I U S I: R - 2 5 ' - 0 " O : R - 4 5 ' - 0 " VFENCE PA T I O PA T I O FENCE AN A H E I M R E S O R T MO N U M E N T S I G N PE R P L A N N I N G ST A N D A R D D E T A I L 5 FE A T U R E PAV I N G FEATURE PAVING RE S O R T B U S DR O P O F F / LO A D I N G Z O N E V LA 45' - 0 " 8'-0 " 8 ' - 0 " 8 ' - 0 " 66 0 ' - 9 " T LA LA TYP 6 ' - 0 " 10'-0" 6'-0"3'-6" LA LA F I R E H Y D R A N T LA L A LA 1 7 0 ' - 5 " 20' - 0 " 25 ' - 0 " 30' - 0 " LA 5 TR A S H 2 8 ' - 0 " 1 0 ' - 0 " 1 8 ' - 0 " 1 6 ' - 0 " 13'-8"R 1 7 '-6 "R 1 7 '-6 "24'-9"LALA LANDSCAPE AREA LA 8'-0"55'-7" LIN E O F S I G H T T R I A N G L E LIN E O F S I G H T T R I A N G L E WA L L M O U N T F D C 8 ' - 6 " 1 1 ' - 0 " 1 5 ' - 3 " 15'-3" GR E A S E IN T E R C E P T O R ACCESS STAIR 5 ' - 2 " 1 6 ' - 0 " 2 8 ' - 0 " 1 6 ' - 0 " 6 0 ' - 0 " 6 ' - 8 " 3'-0 " 14'-0"14'-0"40'-0" 2 7 ' - 6 " 33'-5" LA 5 LA 5 LA 5 LA 5 9 ' - 0 " 5 ' - 0 " 9 ' - 0 " 9'-0" 8 ' - 0 " 9 ' - 0 " 4 3 TY P 6'-0 " LA TY P 8'-6 " 5%5%5%10'-0"11'-3"TYP 8'-6"8'-6"6'-5"8'-0"2'-0" 2 ' - 0 " T Y P KEE P R I G H T SIG N 55 2 S F 65 9 S F 10'-0"TYP 8'-6" SH O R T T E R M B I C Y C L E R A C K LO N G T E R M B I C Y C L E R A C K NO P A R K I N G S I G N SID E W A L K PAR K W A Y SID E W A L K D E S I G N P E R EN G I N E E R I N G ST A N D A R D D E T A I L 1 1 6 B U S S T O P L O C A T I O N 9 0 F E E T F R O M P R O P E R T Y 2 0 ' - 0 " R18'-0"R 1 8 '-0 " PA R K W A Y PR O P W A T E R M E T E R & R P P PR O P F D C & D C D A 20' L I G H T P O L E T Y P . 12 ' L I G H T P O L E F I R E H Y D R A N T LA PR O J E C T S U M M A R Y PA R K I N G S T R U C T U R E : 1S T F L O O R : 2N D F L O O R : 3R D F L O O R : 4T H F L O O R : 5T H F L O O R : 6T H F L O O R : 7T H F L O O R : PO O L D E C K : TO T A L : GR O S S B U I L D I N G A R E A 51,892 S.F.26,264 S.F.20,998 S.F.22,335 S.F.22,335 S.F.22,335 S.F.22,335 S.F.15,611 S.F.6,837 S.F.210,942 S.F. PR O P O S E D H O T E L BUILDING AREA: GU E S T R O O M S : HO T E L M E E T I N G R O O M ( P U B L I C U S E ) : GU E S T R O O M E M P L O Y E E S : IH O P R E S T A U R A N T & P A T I O : CO L D S T O N E & P A T I O : GIF T S H O P : TO T A L R E Q U I R E D : PA R K I N G P R O V I D E D : SU R P L U S / S H O R T A G E 14 4 S T A L L S 6 S T A L L S 6 S T A L L S 62 S T A L L S 10 S T A L L S 1 S T A L L S 22 9 S T A L L S 20 1 S T A L L S -2 8 S T A L L S 12 . 2 % S T A L L S PA R K I N G R E Q U I R E D : PA R K I N G S T R U C T U R E : ST A N D A R D : 8 ' - 6 " x 1 9 ' - 0 " AC C E S S I B L E : 9 ' - 0 " x 1 9 ' - 0 " SU B - T O T A L : SU R F A C E : ST A N D A R D : 8 ' - 6 " x 1 8 ' - 0 " AC C E S S I B L E : 9 ' - 0 " x 1 8 ' - 0 " SU B - T O T A L : ST A N D A R D T O T A L : AC C E S S I B L E T O T A L TO T A L P R O V I D E D : 116 STALLS 3 STALLS 119 STALLS 77 STALLS 5 STALLS 82 STALLS 193 STALLS 8 STALLS 201 STALLS PA R K I N G P R O V I D E D 18 0 x . 8 S T A L L S P E R R O O M = 80 4 x 1 / 1 2 5 = 25 x . 2 5 = 7,7 0 0 x 1 / 1 2 5 = 1,8 0 6 x 1 / 1 8 2 = 1,0 3 5 x 1 / 1 0 0 0 = SIT E A D D R E S S : 1 5 6 0 & 1 5 7 0 S . H A R B O R B L V D . A N A H E I M , C A 9 2 8 0 2 SIT E A R E A : 1 0 2 , 3 6 8 S . F . ( 2 . 3 5 A C R E S ) AP N : 0 8 2 - 2 1 1 - 1 4 , 1 6 ZO N E / S P E C I F I C P L A N : S P - 2 A N A H E I M R E S O R T S P E C I F I C P L A N - C E N T R A L C O R E EX I S I T I N G S I T E U S E : 2 - S T O R Y 8 6 R O O M H O T E L , R E S T A U R A N T , R E T A I L PR O P O S E D S I T E U S E : 7 - S T O R Y 1 8 0 R O O M H O T E L , R E S T A U R A N T , R E T A I L PR O P O S E D B U I L D I N G A R E A : HO T E L : 2 1 0 , 9 4 2 S . F . IH O P R E S T A U R A N T & P A T I O : 7 , 7 0 0 S . F . CO L D S T O N E / G I F T S H O P & P A T I O : 2 , 8 4 1 S . F . TO T A L : 2 2 1 , 4 8 3 S . F . OC C U P A N Y : HO T E L : R E S I D E N T I A L G R O U P R - 1 IH O P : A S S E M B L Y G R O U P A - 2 CO L D S T O N E / G I F T S H O P : M E R C A N T I L E G R O U P M CO N S T R U C T I O N T Y P E : HO T E L : T Y P E 1 B S P R I N K L E R E D IH O P : T Y P E V B S P R I N K L E R E D CO L D S T O N E / G I F T S H O P : T Y P E V B S P R I N K L E R E D BU I L D I N G H E I G H T : HO T E L : 8 5 ' - 2 " IH O P : 2 8 ' - 0 " CO L D S T O N E / G I F T S H O P : 2 2 ' - 0 " HO T E L R O O M D E N S I T Y : L O W - M E D I U M D E N S I T Y ( 7 5 R O O M S / G R O S S A C . O R / P A R C E L ) SIT E S U M M A R Y HO T E L P A R C E L : I-H O P P A R C E L : TO T A L : DE D U C T I O N S IH O P R E S T A U R A N T & P A T I O : CO L D S T O N E / G I F T S H O P & P A T I O : ME E T I N G R O O M : TO T A L R O O M D E D U C T I O N S : NE T A L L O W A B L E R O O M : AC T U A L R O O M C O U N T : 12 5 . 2 5 R O O M S 75 R O O M S 20 0 . 2 5 R O O M S 12 . 8 3 R O O M S 4.7 4 R O O M S 1.3 4 R O O M S 18 . 9 1 R O O M S 18 1 . 3 4 R O O M S 18 0 R O O M S HO T E L R O O M T A B U L A T I O N 1.6 7 A C x 7 5 R O O M S P E R A C = x 7 5 R O O M S P E R P A R C E L = 7,7 0 0 S . F . / 6 0 0 = 2,8 4 1 S . F . / 6 0 0 = 80 4 S . F . / 6 0 0 = 20 0 . 2 5 - 1 8 . 9 1 = ADA PATH OF TRAVEL FIRE LANE VAN ACCESSIBLE STALL TRANSFORMER LANDSCAPE AREA PROPERTY LINEPLAN LEGEND V T LA SCALE:NTSVICINITY MAP PROJECT LOCATION S. HARBOR BLVDDISNEYLANDDOWNTOWNDISNEYCALIFORNIAADVENTUREDISNEY WAY W KATELLA AVE DISNEYLAND DR S. CLEMENTINE STANAHEIM BLVDI-5 F R E E W A YS.M A N C H E S T E RA V E LEE & SAKAHARA ARCHITECTS, INC 16842 Von Karman Ave., Suite 125 Irvine, CA 92606 ( 9 4 9 ) 2 6 1 - 1 1 0 0 - 49 9 S I M M O N D R I V E K 1 1 , O S C E O L A , W I 5 4 0 2 0 PA R K V U E I N N SC A L Z O H O S P I T A L I T Y SITE PLAN A-1 15008 11/05/2015 AN A H E I M , C A SC A L E : 1 " = 2 0 ' - 0 " SIT E P L A N PLAN NORTH 10' 0' 2 0 ' 4 0 ' S O U T H H A R B O R B L V D PR O P O S E D 1 8 0 R O O M S 7- S T O R Y H O T E L W/ ( 1 - S T O R Y B E L O W G R A D E P A R K I N G S T R U C T U R E ) RAMP DOWN TO PARKING STRUCTURE5%5%5% HAM M E R HEA D SA N I T A T I O N TR U C K 20 ' - 0 " 25' - 0 " 30 ' - 0 " AF D T U R N I N G R A D I U S I: R - 2 5 ' - 0 " O : R - 4 5 ' - 0 " FIR E T R U C K L A N E 23' S H U T T L E BU S T U R N I N G TE M P L A T E SUV TURNING TEMPLATE AD A P A T H O F T R A V E L ADA PATH OF TRAVEL 2 0 ' - 0 " T Y P PR O P O S E D IH O P R E S T A U R A N T FF = 1 4 0 . 4 5 PR O P O S E D CO L D S T O N E / G I F T S H O P FF = 1 3 9 . 6 0 5% RAMP DOWN SU R F A C E P A R K I N G (82 S P A C E S ) RIG H T O F W A Y 69' - 0 " SE T B A C K 26' - 0 " 1 1 7 ' - 3 " 84 ' - 8 " 28 5 ' - 0 " 78'-10" PR O P E R T Y L I N E PROPERTY LINE PR O P E R T Y L I N E 18 ' - 0 " 1 7 ' - 2 " 36 ' - 6 " 61' - 4 " 4'-10"18'-0" 2 8 ' - 0 " 1 8 ' - 0 " 1 0 ' - 0 " DROP-OFF ZONE (SINGLE LANE)PORTE COCHERE CO V E R E D P E R G O L A SIDEWALK FU T U R E RIG H T O F W A Y 26 ' - 0 " S E T B A C K 5'-0 " L A N D S C A P E / B U I L D I N G S E T B A C K 10'-0" LANDSCAPE SETBACK 5'-0" LANDSCAPE / BUILDING SETBACK 6 ' - 0 " 1 8 ' - 0 " 2 4 ' - 0 " 1 6 ' - 5 " 2 7 ' - 6 " 8 ' - 0 " 8 ' - 6 " 8 ' - 0 " 9 ' - 0 " 5 ' - 6 " 2 5 ' - 0 " 1 4 ' - 6 " 6 ' - 0 " 1 8 ' - 0 " 2 6 ' - 0 " 1 8 ' - 0 " 2 ' - 1 1 " 9 ' - 6 " LA N D S C A P E A R E A LANDSCAPE AREA LA LA LA LA SID E W A L K ENTRY PR O P O S E D 1 8 0 R O O M S 7- S T O R Y H O T E L W/ ( 1 - S T O R Y B E L O W G R A D E P A R K I N G S T R U C T U R E ) FF = 1 4 1 . 7 0 8'-0" 18'-0"28'-0"18'-0" 5'-0" 9'-4"5'-0" 1 8 ' - 0 " 16'-6"28'-0"18'-0"PARKING STRUCTURE BELOW TR A S H SE R V I C E DEL I V E R Y / LO A D I N G DE L I V E R Y / LO A D I N G TT LA LA TURN AROUND AF D T U R N I N G R A D I U S I: R - 2 5 ' - 0 " O : R - 4 5 ' - 0 " V6' TALL FENCE PAT I O PA T I O 6' TALL FENCE AN A H E I M R E S O R T MO N U M E N T S I G N PE R P L A N N I N G ST A N D A R D D E T A I L 5 RES O R T B U S DR O P O F F / LO A D I N G Z O N E V 45 ' - 0 " 8'-0 " 8 ' - 0 " 8 ' - 0 " T LA LA TYP 6'-0"10'-0" 6'-0"3'-6" LA LA F I R E H Y D R A N T LA L A LA 1 7 0 ' - 5 " LA TR A S H 28'-0" 10'-0" 18'-0" 16'-0"13'-8"R 1 7 '-6 "R 1 7 '-6"24'-9"LALA LANDSCAPE AREA LA 55'-7" LIN E O F S I G H T T R I A N G L E LIN E O F S I G H T T R I A N G L E 8'-6" 1 1 ' - 0 " 1 5 ' - 3 " 15'-3"ACCESS STAIR 5 ' - 2 " 1 6 ' - 0 " 2 8 ' - 0 " 1 6 ' - 0 " 6 0 ' - 0 " 6 ' - 8 " 2 7 ' - 6 " LA 9 ' - 0 " 5 ' - 0 " 9 ' - 0 " 9'-0" 8 ' - 0 " 9 ' - 0 " TYP 6'- 0 " LA 10'-0"11'-3"TYP 8'-6"8'-6"6'-5"8'-0"2'-0" 2 ' - 0 " T Y P 552 S F 659 S F 10'-0"TYP 8'-6" SH O R T T E R M B I C Y C L E R A C K LO N G T E R M B I C Y C L E R A C K NO P A R K I N G S I G N SID E W A L K PA R K W A Y SID E W A L K D E S I G N P E R EN G I N E E R I N G ST A N D A R D D E T A I L 1 1 6 B U S S T O P L O C A T I O N 9 0 F E E T F R O M P R O P E R T Y R18'-0" R 1 8 '-0 " PA R K W A Y PR O P W A T E R M E T E R & R P P PR O P F D C & D C D A TY P 8'-6 " 8'-0" 3 3 ' - 5 " 2 0 ' - 0 " 20 ' - 0 " 20' - 0 " 1 4 ' - 2 " R 5 0 ' - 0 " 8' T A L L T R A S H EN C L O S U R E AD A P A T H O F T R A V E L WAL L M O U N T F D C 14'-0"14'-0"40'-0" 20 ' L I G H T P O L E T Y P . 20' 20' 20' 20' 20'12' 20 ' 20 ' 20 ' 12' 12 ' 12 ' 12' 12 ' 12' 12' 12' 12 ' 12'12'12'12'12'12'12'12'12' 12 ' 137.56 140.70141.2 13 9 . 5 0 13 8 . 7 5 LA LA LA LA F I R E H Y D R A N T LA LAN D S C A P E KE E P R I G H T SIG N EX I T EXITPL PL PLVRAMP UP TO SURFACE PARKING 5%5%5%SUV TURNING TEMPLATE AD A P A T H O F T R A V E L AA S H T O M 2 0 1 1 TU R N I N G T E M P L A T E AAS H T O M 2 0 1 1 TU R N I N G T E M P L A T E (11 9 S P A C E S ) BUILDING OUTLINE ABOVE EX I T 19'-0" TYP 26'-3" 19'-0" TYP 19'-0" TYP 26'-3"19'-6"19'-0" TYP 4 ' - 1 1 " 2'-9"2 BAY W/ HC2'-9"1 BAY4'-5" 4 ' - 3 " 1 B A Y 19' - 0 " T Y P 2 6 ' - 6 " 1 9 ' - 0 " T Y P 1 0 ' - 0 " 2'- 1 0 " 2A B A Y 2'-1 0 " 26'-6"2"9'-0"2" PL PL BU I L D I N G O U T L I N E A B O V E V 4 B A Y 1 5 ' - 0 " 1 1 6 ' - 0 " 1 1 ' - 0 " 1 3 1 ' - 0 " 2 8 ' - 5 " 15' - 0 " 380'-2"395'-2"10'-0"19'-6" TYP 2 6 ' - 6 " 1 9 ' - 0 " T Y P 19'-0"26'-3"2'-9"3 BAY 2'-9"5% RAMP DOWN FOWALL12'-0"FO WALL12'-0"3 BAY 2 BAY 3 BAY 1 " 2" 3 B A Y 2 " 6" 3 B A Y 6 " 1" 3 B A Y 2 " 1'-0 " 3 B A Y 6 " FO W A L L 13 ' - 8 " 3 BAY 3 B A Y 3 B A Y 11 " 3 B A Y 1'-4 " 1 B A Y 1'- 4 " 1 ' - 6 " T Y P 19' - 0 " T Y P 2" 1 ' - 3 " 1 B A Y 1 ' - 6 " 3 B A Y 2 " 3 B A Y 2 " F O W A L L 1 2 ' - 0 " 2'-1 0 " 2A B A Y 2'-10" 2'-1 0 " 2A B A Y 2'-1 0 " 2'-1 0 " 2A B A Y 2'-1 0 " 2'-1 0 " 2A B A Y 2'-1 0 " 1'-9 " 2 B A Y 1'- 8 " 2'-1 0 " 2A B A Y 2'-1 0 " 3 B A Y 2'-1 0 " 2A B A Y 2'-1 0 " 2'-1 0 " 2A B A Y 2'-10" 2'- 1 0 " 2A B A Y 2'- 1 0 " 1'-9 " 2 B A Y 1'- 8 " 1'-5" 2 B A Y W / H C 3 ' - 6 " 4 BAY3 BAY1 BAY 9'-2"3 BAY 4 BAY 3 BAY1'-0"3 BAY 9"9'-2"1 BAY 2"19'-0" TYPFO WALL10'-5"FO WALL12'-10"FOWALL11'-5" F O W A L L 1 0 ' - 3 " F O W A L L 1 3 ' - 5 " FO W A L L 12 ' - 0 " F O W A L L 1 2 ' - 0 " FO WALL13'-5" 1'-6 " T Y P 1'-6" TYP1'-6" TYP 1'-6" TYP 5'-9" TYP 2" 3 B A Y 2 " 2" 3 B A Y 2 " 2" 3 B A Y 2 " 2" 3 B A Y 2 " 2" 3 B A Y 2 " 2" 3 B A Y 2 " 8'-6 " TY P 9'-0 " 2'-1 0 " TY P 9'-0 " 8 " 8 " 8 " 5 ' - 8 " 4 " 4 ' - 0 " 4 " 1 ' - 8 " 3 ' - 1 0 " 4 ' - 4 " 7 ' - 8 " CM U C O L U M N PRE C A S T C O N C . C A P SIM P S O N C B 6 6 W / B A S E PLA T E & F A C T O R Y G R A Y PAI N T F I N I S H , T Y P (2 ) 8 X 8 R S P O S T S 2 X 8 R S B E A M 4 X 8 @ 1 6 " O . C . (2 ) 4 X 1 2 R S W / 3 / 4 " GA L V . L A G B O L T S AN D W A S H E R S STO R E F R O N T S Y S T E M 1 1 / 2 " x 1 " F L A T BA R W I R A I L 1 1 / 2 " S Q U A R E B A R W.I . P O S T B E Y O N D 5/8 " S Q U A R E B A R W.I . B A L U S T E R S WI S Q U A R E P O S T BA S E C O L L A R 1 1 / 4 " x 1 " F L A T BA R W . I . R A I L 3 " 3 ' - 6 " WI S Q U A R E P O S T BA S E C O L L A R MO I S T U R E B A R R I E R OV E R 5 / 8 " D E N S G L A S S 5/8 " G Y P S U M B O A R D OV E R M E T A L S T U D FR A M I N G @ 1 6 " O . C . BA T T I N S U L A T I O N 5/8 " G Y P S U M B O A R D 1 " 1/2 " 1-1 / 2 " E I F S IN S U L A T I O N BAT T I N S U L A T I O N SH I M A S R E Q U I R E D SEA L A N T ALU M S I L L STO N E W I N D O W SIL L ALU M H O R I Z . M U L L I O N WH E N O C C U R S ALU M H E A D SEA L A N T GA L V . M E T A L F L A S H I N G EIF S O V E R 5 / 8 " EXT E R I O R S H E A T H I N G CA U L K I N G EIF S O V E R 5 / 8 " EXT E R I O R S H E A T H I N G DU A L G L A Z I N G ALU M S I L L P A N S E T I N F U L L BED O F S E A L A N T W I T H SAD D L E F L A S H I N G A T J A M B S TO F A C E O F M U L L I O N 1/2 " @ N A R R O W E S T D I S T A N C E J-M O L D LEE & SAKAHARA ARCHITECTS, INC 16842 Von Karman Ave., Suite 125 Irvine, CA 92606 ( 9 4 9 ) 2 6 1 - 1 1 0 0 - 49 9 S I M M O N D R I V E K 1 1 , O S C E O L A , W I 5 4 0 2 0 PA R K V U E I N N SC A L Z O H O S P I T A L I T Y CIRCULATION PLAN A-1A 15008 11/05/2015 AN A H E I M , C A SC A L E : 1 " = 2 0 ' - 0 " SIT E P L A N PLAN NORTH 10' 0' 2 0 ' 4 0 ' PLAN NORTH 10' 0' 2 0 ' 4 0 ' SC A L E : 1 " = 2 0 ' - 0 " PA R K I N G S T R U C T U R E P L A N SC A L E : 1 / 4 " = 1 ' - 0 " TR E L L I S D E T A I L SC A L E : 1 " = 1 ' - 0 " BA L C O N Y D E T A I L SC A L E : 3 " = 1 ' - 0 " TY P . E I F S R E V E A L SC A L E : 3 " = 1 ' - 0 " TY P . W I N D O W D E T A I L 1ST FLOOR 0' - 0"ROOF 75' - 4"2ND FLOOR 15' - 0"3RD FLOOR 24' - 8"4TH FLOOR 34' - 4"5TH FLOOR 44' - 0"6TH FLOOR 53' - 8"7TH FLOOR 63' - 4"POOL DECK 64' - 4"PARAPET 82' - 0" SIT E H E I G H T L I M I T 82'-0"6'-8"11'-0"1'-0"9'-8"9'-8"9'-8"9'-8"9'-8"15'-0"EIFS-5 ALUM-1 ALU M - 1 EIFS-3 EIF S - 3 EIF S - 1 EIF S - 2 EIF S - 4 EIF S - 5 EIF S - 1 ALU M - 1 EIF S - 1 EIF S - 5 13'-6"85'-2" GL- 1 GL-1 EIFS-5EIFS-1 EIF S - 3 3 ' - 8 " 8 1 ' - 9 " 8 5 ' - 5 " S I T E H E I G H T L I M I T 98'-8" SITE HEIGHT LIMIT 1S T F L O O R 0' - 0 " RO O F 75' - 4 " 2N D F L O O R 15' - 0 " 3R D F L O O R 24' - 8 " 4TH F L O O R 34' - 4 " 5TH F L O O R 44' - 0 " 6TH F L O O R 53' - 8 " 7TH F L O O R 63' - 4 " PO O L D E C K 64' - 4 " PA R A P E T 82' - 0 " 8 5 ' - 2 " 8 5 ' - 2 " 8 2 ' - 0 " 6 ' - 8 " 1 1 ' - 0 " 1 ' - 0 " 9 ' - 8 " 9 ' - 8 " 9 ' - 8 " 9 ' - 8 " 9 ' - 8 " 1 5 ' - 0 " EIF S - 2 ALU M - 1 EIF S - 3 GL- 1 EIF S - 1 6 ' - 8 " EIF S - 4 ALU M - 1 EIF S - 2 EIF S - 4 EIF S - 5 EIF S - 5 EIF S - 4 GL- 1 ALU M - 1 EIF S - 1 WEST ELEV SOUTH ELEVATIONMATERIAL LEGENDS EIFS-1 C O L O R L I F E C L W 1 0 3 7 W " S T O N E Y P L A I N " EIFS-2 C O L O R L I F E C L 1 7 4 6 A " C A N O L A " EIFS-3 C O L O R L I F E C L V 1 1 1 7 N " T R O J A N " EIFS-4, PT-4 C O L O R L I F E C L 2 2 7 6 A " B A Y O F M A N Y " EIFS-5, PT-5 C O L O R L I F E C L V 1 1 3 2 N " G R A S P " ALUM-1 CLEAR ANODIZED ALUMINUM GL-1 P I L K I N G T O N " E V E R G R E E N " NOTE: A L L S I G N A G E I S S U B J E C T T O S E P A R A T E REVIEW / PERMITING LEE & SAKAHARA ARCHITECTS, INC 16842 Von Karman Ave., Suite 125 Irvine, CA 92606 ( 9 4 9 ) 2 6 1 - 1 1 0 0 - 49 9 S I M M O N D R I V E K 1 1 , O S C E O L A , W I 5 4 0 2 0 PA R K V U E I N N SC A L Z O H O S P I T A L I T Y HOTEL - SOUTH & WEST ELEVATIONS A-10 15008 11/05/2015 AN A H E I M , C A SC A L E : 3 / 3 2 " = 1 ' - 0 " SO U T H E L E V A T I O N SC A L E : 3 / 3 2 " = 1 ' - 0 " WE S T E L E V A T I O N 0' 8' 16 ' 24 ' 32' 0' 8' 16 ' 24 ' 32' 1S T F L O O R 0' - 0"ROOF 75' - 4" 2N D F L O O R 15' - 0" 3R D F L O O R 24' - 8" 4T H F L O O R 34' - 4" 5T H F L O O R 44' - 0" 6T H F L O O R 53' - 8" 7T H F L O O R 63' - 4" PO O L D E C K 64' - 4" PA R A P E T 82' - 0" K-1 CO R R CO R R K-1 K-1 K-1 A D A CO R R K-1 K-1 CO R R K-1 K-1 CO R R K-1 K-1 CO R R K-1 CO R R COR R LA U N D R Y LIN T R O O M PA R K I N G PAR K I N G PAV I L L I O N COR R COR R 8 2 ' - 0 " 6 ' - 8 " 1 1 ' - 0 " 1 ' - 0 " 9 ' - 8 " 9 ' - 8 " 9 ' - 8 " 9 ' - 8 " 9 ' - 8 " 1 5 ' - 0 " SIT E H E I G H T L I M I T 1ST FLOOR 0' - 0"ROOF 75' - 4"2ND FLOOR 15' - 0"3RD FLOOR 24' - 8"4TH FLOOR 34' - 4"5TH FLOOR 44' - 0"6TH FLOOR 53' - 8"7TH FLOOR 63' - 4"POOL DECK 64' - 4"PARAPET 82' - 0"DQ-2 ADA CORR MECH DQ-2 CORR MECH DQ-2 CORR MECH DQ-2 CORR MECH DQ-2 CORR MECH STAGINGLINEN STORAGE LAUNDRYHOUSE-KEEPING OFFICELAUNDRYCORRSTOR PARKINGPOOLEQUIP6'-8"11'-0"1'-0"9'-8"9'-8"9'-8"9'-8"9'-8"15'-0"82'-0" 1S T F L O O R 0' - 0 " RO O F 75 ' - 4 " 2N D F L O O R 15 ' - 0 " 3R D F L O O R 24 ' - 8 " 4TH F L O O R 34 ' - 4 " 5TH F L O O R 44 ' - 0 " 6TH F L O O R 53 ' - 8 " 7TH F L O O R 63 ' - 4 " PO O L D E C K 64 ' - 4 " PA R A P E T 82 ' - 0 " COR R K-1 DQS - 1 DQ- 1 COR R DQS - 1 DQS - 1 COR R DQ- 1 DQ- 1 COR R DQS - 1 DQS - 1 COR R DQ- 1 EM P L O Y E E LOU N G E TO I L E T DIN I N G PAR K I N G MEC H TO W E L / VEN D I N G 6 ' - 8 " 1 1 ' - 0 " 1 ' - 0 " 9 ' - 8 " 9 ' - 8 " 9 ' - 8 " 9 ' - 8 " 9 ' - 8 " 1 5 ' - 0 " 8 2 ' - 0 " 1S T F L O O R 0' - 0 " RO O F 75' - 4 " 2N D F L O O R 15' - 0 " 3R D F L O O R 24' - 8 " 4TH F L O O R 34' - 4 " 5TH F L O O R 44' - 0 " 6TH F L O O R 53' - 8 " 7TH F L O O R 63' - 4 " PO O L D E C K 64' - 4 " PA R A P E T 82' - 0 " ELE V LO B B Y ELE V VES T I B U L E COR R DQ S - 2 COR R DQ S - 2 A D A ELE V LO B B Y ELE V VES T I B U L E COR R DQ S - 2 ELE V LO B B Y ELE V VES T I B U L E COR R DQ S - 2 DQ S - 2 A D A COR R ELE V VES T I B U L E ELE V LO B B Y ELE V LO B B Y ELE V VES T I B U L E COR R FAU X BA L C O N Y ELE V LO B B Y ELE V VE S T I B U L E COR R LO B B Y EN T R Y VES T I B U L E ELE V LO B B Y PAR K I N G 6 ' - 8 " 1 1 ' - 0 " 1 ' - 0 " 9 ' - 8 " 9 ' - 8 " 9 ' - 8 " 9 ' - 8 " 9 ' - 8 " 1 5 ' - 0 " 8 2 ' - 0 " ELE V LO B B Y 1ST FLOOR 0' - 0"ROOF 75' - 4"2ND FLOOR 15' - 0"3RD FLOOR 24' - 8"4TH FLOOR 34' - 4"5TH FLOOR 44' - 0"6TH FLOOR 53' - 8"7TH FLOOR 63' - 4"POOL DECK 64' - 4"PARAPET 82' - 0"DQ-1 K-1 DQ-1 STAIR 1 PARKING STOR STORDQ-2 DQ-1 K-1 DQ-1 DQ-1 K-1 DQ-1 DQ-2 ADA DQ-2 ADA DQ-1 K-1 DQ-1 DQ-1 K-1 DQ-1 DQ-2 DQ-2 DQ-1 K-1 DQ-1 PARKING STAIR 16'-8"11'-0"1'-0"9'-8"9'-8"9'-8"9'-8"9'-8"15'-0"82'-0"SD-ASD-B S D - C S D - D S D - E SD-A SD-B S D - C S D - D S D - E LEE & SAKAHARA ARCHITECTS, INC 16842 Von Karman Ave., Suite 125 Irvine, CA 92606 ( 9 4 9 ) 2 6 1 - 1 1 0 0 - 49 9 S I M M O N D R I V E K 1 1 , O S C E O L A , W I 5 4 0 2 0 PA R K V U E I N N SC A L Z O H O S P I T A L I T Y HOTEL - BUILDING SECTIONS A-12 15008 11/05/2015 AN A H E I M , C A SC A L E : 1 / 1 6 " = 1 ' - 0 " BU I L D I N G S E C T I O N S D - A SCALE: 1/16" = 1'-0"BUILDING SECTION SD-B SC A L E : 1 / 1 6 " = 1 ' - 0 " BU I L D I N G S E C T I O N S D - C SC A L E : 1 / 1 6 " = 1 ' - 0 " BU I L D I N G S E C T I O N S D - D SCALE: 1/16" = 1'-0"BUILDING SECTION SD-E 0' 8 ' 1 6 ' 32' 0' 8 ' 1 6 ' 32' 0' 8 ' 1 6 ' 32' 0' 8 ' 1 6 ' 32' 0' 8 ' 1 6 ' 32' SD - H SD-F SD-H SD-F SD - G S D - G SD - J S D - J 1ST FLOOR (R)0' - 0"ROOF (R)15' - 0" 1S T F L O O R ( R ) 0' - 0 " RO O F ( R ) 15' - 0 " 1ST FLOOR (R)0' - 0"ROOF (R)15' - 0" 1S T F L O O R ( R ) 0' - 0 " RO O F ( R ) 15 ' - 0 " LEE & SAKAHARA ARCHITECTS, INC 16842 Von Karman Ave., Suite 125 Irvine, CA 92606 ( 9 4 9 ) 2 6 1 - 1 1 0 0 - 49 9 S I M M O N D R I V E K 1 1 , O S C E O L A , W I 5 4 0 2 0 PA R K V U E I N N SC A L Z O H O S P I T A L I T Y RESTAURANT / RETAIL - SECTIONS A-15 15008 11/05/2015 AN A H E I M , C A SC A L E : 3 / 3 2 " = 1 ' - 0 " BU I L D I N G S E C T I O N S D - F SC A L E : 3 / 3 2 " = 1 ' - 0 " BU I L D I N G S E C T I O N S D - G SC A L E : 3 / 3 2 " = 1 ' - 0 " BU I L D I N G S E C T I O N S D - H SC A L E : 3 / 3 2 " = 1 ' - 0 " BU I L D I N G S E C T I O N S D - J 0' 8' 16' 24' 32' 0' 8' 16 ' 24 ' 32' 0' 8' 16 ' 24 ' 32' 0' 8' 16 ' 24' 32' BE S T W E S T E R N P L U S PAR K P L A C E I N N & M I N I S U I T E S 3-S T O R Y CA P T A I N K I D D ' S DES E R T I N N & S U I T E S ( 5 - S T O R Y ) S . H A R B O R B L V D EA S T S H U T T L E AR E A (4 - S T O R Y ) (3 - S T O R Y ) BE S T W E S T E R N P L U S PA R K P L A C E I N N & M I N I S U I T E S 3-S T O R Y CA P T A I N K I D D ' S DE S E R T I N N & S U I T E S ( 5 - S T O R Y ) S . H A R B O R B L V D EA S T S H U T T L E AR E A (4- S T O R Y ) (3- S T O R Y ) BEST WESTERN PLUS PARK PLACE INN & MINI SUITES 3-STORY CAPTAIN KIDD'S DESERT INN & SUITES (5-STORY)S. HARBOR BLVDEAST SHUTTLE AREA (4-STORY)(3-STORY) BE S T W E S T E R N P L U S PAR K P L A C E I N N & M I N I S U I T E S 3-S T O R Y CA P T A I N K I D D ' S DES E R T I N N & S U I T E S ( 5 - S T O R Y ) S . H A R B O R B L V D EA S T S H U T T L E AR E A (4 - S T O R Y ) (3 - S T O R Y ) BE S T W E S T E R N P L U S PA R K P L A C E I N N & M I N I S U I T E S 3-S T O R Y CA P T A I N K I D D ' S DE S E R T I N N & S U I T E S ( 5 - S T O R Y ) S . H A R B O R B L V D EA S T S H U T T L E AR E A (4- S T O R Y ) (3- S T O R Y ) BEST WESTERN PLUS PARK PLACE INN & MINI SUITES 3-STORY CAPTAIN KIDD'S DESERT INN & SUITES (5-STORY)S. HARBOR BLVDEAST SHUTTLE AREA (4-STORY)(3-STORY)LEE & SAKAHARA ARCHITECTS, INC 16842 Von Karman Ave., Suite 125 Irvine, CA 92606 ( 9 4 9 ) 2 6 1 - 1 1 0 0 - 49 9 S I M M O N D R I V E K 1 1 , O S C E O L A , W I 5 4 0 2 0 PA R K V U E I N N SC A L Z O H O S P I T A L I T Y SUN STUDY A-16 15008 11/05/2015 AN A H E I M , C A SC A L E : 1 " = 8 0 ' - 0 " VE R N A L E Q U I N O X M A R C H 2 1 , 2 0 1 5 A T 9 A M SC A L E : 1 " = 8 0 ' - 0 " VE R N A L E Q U I N O X M A R C H 2 1 , 2 0 1 5 A T 1 2 P M SCALE: 1" = 80'-0"VERNAL EQUINOX MARCH 21, AT 5PM SC A L E : 1 " = 8 0 ' - 0 " SU M M E R S O L S T I C E J U N E 2 1 , 2 0 1 5 A T 9 A M SC A L E : 1 " = 8 0 ' - 0 " SU M M E R S O L S T I C E J U N E 2 1 , 2 0 1 5 A T 1 2 P M SCALE: 1" = 80'-0"SUMMER SOLSTICE JUNE 21, 2015 AT 5PM 0' 4 0 ' 8 0 ' 160 ' 0' 4 0 ' 8 0 ' 160 ' 0' 4 0 ' 8 0 ' 160 ' 0' 4 0 ' 8 0 ' 160' 0' 4 0 ' 8 0 ' 160 ' 0' 4 0 ' 8 0 ' 160' BE S T W E S T E R N P L U S PAR K P L A C E I N N & M I N I S U I T E S 3-S T O R Y CA P T A I N K I D D ' S DES E R T I N N & S U I T E S ( 5 - S T O R Y ) S . H A R B O R B L V D EAS T S H U T T L E ARE A (4 - S T O R Y ) (3 - S T O R Y ) BE S T W E S T E R N P L U S PAR K P L A C E I N N & M I N I S U I T E S 3-S T O R Y CA P T A I N K I D D ' S DES E R T I N N & S U I T E S ( 5 - S T O R Y ) S . H A R B O R B L V D EA S T S H U T T L E AR E A (4 - S T O R Y ) (3- S T O R Y ) BEST WESTERN PLUS PARK PLACE INN & MINI SUITES 3-STORY CAPTAIN KIDD'S DESERT INN & SUITES (5-STORY)S. HARBOR BLVDEAST SHUTTLE AREA (4-STORY)(3-STORY) BE S T W E S T E R N P L U S PAR K P L A C E I N N & M I N I S U I T E S 3-S T O R Y CA P T A I N K I D D ' S DES E R T I N N & S U I T E S ( 5 - S T O R Y ) S . H A R B O R B L V D EAS T S H U T T L E ARE A (4 - S T O R Y ) (3 - S T O R Y ) BE S T W E S T E R N P L U S PAR K P L A C E I N N & M I N I S U I T E S 3-S T O R Y CA P T A I N K I D D ' S DES E R T I N N & S U I T E S ( 5 - S T O R Y ) S . H A R B O R B L V D EA S T S H U T T L E AR E A (4 - S T O R Y ) (3- S T O R Y ) BEST WESTERN PLUS PARK PLACE INN & MINI SUITES 3-STORY CAPTAIN KIDD'S DESERT INN & SUITES (5-STORY)S. HARBOR BLVDEAST SHUTTLE AREA (4-STORY)(3-STORY)LEE & SAKAHARA ARCHITECTS, INC 16842 Von Karman Ave., Suite 125 Irvine, CA 92606 ( 9 4 9 ) 2 6 1 - 1 1 0 0 - 49 9 S I M M O N D R I V E K 1 1 , O S C E O L A , W I 5 4 0 2 0 PA R K V U E I N N SC A L Z O H O S P I T A L I T Y SUN STUDY A-17 15008 11/05/2015 AN A H E I M , C A SC A L E : 1 " = 8 0 ' - 0 " AU T U M N A L E Q U I N O X S E T . 2 1 , 2 0 1 5 A T 9 A M SC A L E : 1 " = 8 0 ' - 0 " AU T U M N A L E Q U I N O X S E P T 2 1 , 2 0 1 5 A T 1 2 P M SCALE: 1" = 80'-0"AUTUMNAL EQUINOX SEPT 21, 2015 AT 5PM SC A L E : 1 " = 8 0 ' - 0 " WIN T E R S O L S T I C E D E C . 2 1 , 2 0 1 5 A T 9 A M SC A L E : 1 " = 8 0 ' - 0 " WIN T E R S O L S T I C E D E C 2 1 , 2 0 1 5 A T 1 2 P M SCALE: 1" = 80'-0"WINTER SOLSTICE DEC. 21, 2015 AT 4PM 0' 4 0 ' 8 0 ' 160 ' 0' 4 0 ' 8 0 ' 160 ' 0' 4 0 ' 8 0 ' 160 ' 0' 4 0 ' 8 0 ' 160' 0' 4 0 ' 8 0 ' 160 ' 0' 4 0 ' 8 0 ' 160' ATTACHMENT NO. 9 - 1- CITY OF ANAHEIM ENVIRONMENTAL CHECKLIST FORM CASE NOS.: Final Site Plan No. 2014-00003, Variance No. 2014-04987, Development Project No. 2013- 00138 SITE ADDRESS: 1560 and 1570 S. Harbor Boulevard, Anaheim, CA 92802 APNs: 082-21-115 and 082-21-116 LOCATION: West side of Harbor Boulevard, approximately 620 feet north of Disney Way ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.  Aesthetic / Visual  Agricultural & Forestry  Air Quality  Biological Resources  Cultural Resources  Geology / Soils  Greenhouse Gas Emissions  Hazards & Hazardous Materials  Hydrology / Water Quality  Land Use / Planning  Mineral Resources  Noise  Population / Housing  Public Services  Recreation  Transportation / Traffic  Utilities / Service Systems  Mandatory Findings of Significance DETERMINATION: (To be completed by the City) On the basis of this initial evaluation:  I find that the proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.  I find that although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the Project have been made by or agreed to by the Project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.  I find that the proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.  I find that the proposed Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.  I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required. November 25, 2015 Signature of City of Anaheim Representative Date Elaine Thienprasiddhi, Senior Planner (714) 765-4568 Printed Name, Title Phone Number ATTACHMENT NO. 10 - 2- EVALUATION OF ENVIRONMENTAL IMPACTS: 1) All answers must take account of the whole action involved, including offsite as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 2) A list of “Supporting Information Sources” must be attached and other sources used or individuals contacted should be cited in the Narrative Summary for each section. 3) Response column heading definitions: a) Potentially Significant Impact is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an Environmental Impact Report (EIR) is required. b) Potentially Significant Unless Mitigation Incorporated applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact”. The mitigation measures must be described, along with a brief explanation of how they reduce the effect to a less than significant level. c) Less Than Significant Impact applies where the Project creates no significant impacts, only “Less Than Significant impacts”. d) No Impact applies where a Project does not create an impact in that category. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one proposed (e.g., the project falls outside of a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 4) Earlier analyses may be used where, pursuant to a tiering, program EIR, Master EIR, or other California Environmental Quality Act (CEQA) process, an effect has been adequately analyzed in an earlier EIR or negative declaration (§ 15062(c)(3)(D)). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated”, describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the Project. 5) Incorporate into the checklist any references to information sources for potential impacts (e.g., the General Plan, zoning ordinance). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 6) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. - 3- Project Setting The project site is located at 1560 and 1570 S. Harbor Boulevard in the City of Anaheim. The 2.35-acre project site is comprised of two parcels which are currently developed with a two-story, 86-room hotel, and IHOP restaurant, Cold-Stone Creamery restaurant and accessory retail space. The parcel is located within the Commercial Recreation (CR) District of the Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zone. The General Plan designates this property for Commercial Recreation land use. Surrounding properties to the north, east and south are also designated for Commercial Recreation land use by the Anaheim General Plan. Captain Kidd’s Restaurant and the Best Western Hotel are located to the north; The Desert Inn and Suites is located to the south; and an office building is to the east. The Disneyland Theme Park is located to the west, across Harbor Boulevard and is within the Disneyland Resort Specific Plan No. 92-1 (SP92-1) Zone. The subject property, in its existing condition, is shown in Figure 1- Existing Conditions on Page 4. - 4- - 5- Project Description The applicant proposes to demolish the existing 86- room hotel, restaurant and retail spaces and construct a new 180-room, seven-story hotel toward the rear of the property and 10,541 square feet of restaurant and retail space at the front of the property, adjacent to Harbor Boulevard. The project includes a single driveway on Harbor Boulevard and an entry canopy between the two restaurant buildings leading to the hotel guest drop off area and surface parking lot. At the rear of the site, a ramp down to one level of subterranean parking is proposed. The proposal includes a total of 201 parking spaces to be shared by hotel guests and restaurant and retail patrons. A variance is requested to provide for a total of 201 parking spaces rather than the 229 parking spaces that are required. The shared parking analysis demonstrates that there is enough parking on-site as the peak times of the hotel and restaurant do not overlap. The shared parking peak is 201 parking spaces from 7:00 a.m. to 9:00a.m. Redevelopment of the property requires that the project comply with all of the requirements of the Anaheim Resort Specific Plan, including provision of an 8-foot wide parkway behind the sidewalk to be planted with Queen Palms, a Japanese Boxwood hedge and Daylilies. A variance is requested to allow narrower landscape and building setbacks than required by the Code along the north and south property lines. Landscaping within these areas will comply with the required tree quantities, as if the full landscape area were being provided. The outdoor dining areas for the restaurants will encroach into the front setback area. Since the project site is located within the Central Core area, this type of pedestrian-oriented activation of the street is encouraged. Signage for the project would include one monument sign that would advertise the hotel and property tenants. Two walls signs are proposed for the hotel building, with an additional sign on the entry arch. Signs for the IHOP and Cold Stone are proposed on their respective tenant spaces, facing Harbor Boulevard The subject property was reclassified to the CR District of the SP 92-2 Zone in September 1994, concurrent with the adoption of the Anaheim Resort Specific Plan (ARSP) and the certification of Master Environmental Impact Report No. 313 (MEIR No. 313). This master environmental impact report has served as the environmental documentation for projects that are implemented in accordance with the ARSP. The analysis in MEIR No. 313 was recently supplemented by the certification of Supplemental Environmental Impact Report No. 340 (SEIR No. 340), adopted in December, 2012. Any impacts are addressed by mitigation measures set forth in Mitigation Monitoring Plan No. 313, created for this project from Updated and Modified Mitigation Monitoring Program No. 85C (adopted in conjunction with the certification of SEIR No. 340). Applicable mitigation measures will be applied to this project and impacts would be less than significant. Entitlements for this project include Final Site Plan No. 2014-00003 to determine compliance with the Anaheim Resort Specific Plan and Variance No. 2014-04987 to allow interior building and landscape setbacks that are smaller than required, fewer trees on the surface parking lot than are required and fewer parking spaces than required by the Code. - 6- I. AESTHETICS -- Would the Project: Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact a) Have a substantial adverse effect on a scenic vista?      b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway or local scenic expressway, scenic highway, or eligible scenic highway?      c) Substantially degrade the existing visual character or quality of the site and its surroundings?      d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?      Narrative Summary: Impacts analyzed in SEIR No. 340/No new impacts. SEIR No. 340 analyzed the aesthetic impacts related to the implementation of the Anaheim Resort Specific Plan No. 92-2. Refer to SEIR No. 340, Section 4.3.1. According to SEIR No. 340, the ARSP area does not contain any scenic resources, nor are any scenic vistas visible from the ARSP area; therefore, no impact would occur. Future development and redevelopment associated with buildout of the ARSP area would change the existing visual character of individual areas; however, buildout of the ARSP area would create a more visually cohesive and appealing environment and impacts would be less than significant with implementation of the recommended mitigation program. The proposed project would not impact any scenic vistas or degrade the existing visual character of the surrounding area. The architecture would blend in with the existing adjacent buildings and enhance The Anaheim Resort with an aesthetically pleasing structure. The new structure would be taller than the existing structure, but would be in compliance with the height limitations and structural setbacks required by the specific plan. A shade/shadow analysis was prepared to evaluate any potential impacts that the taller hotel structure may have on neighboring properties. The project would not negatively affect the shade/shadows on the adjacent hotel structures or developments in either the summer or winter months. The proposed project would not result in any impacts beyond those identified in the previously certified SEIR No. 340. Any impacts are addressed by mitigation measures set forth in Mitigation Monitoring Plan No. 313, created for this project from Updated and Modified Mitigation Monitoring Program No. 85C (SEIR No. 340 for the Anaheim Resort Specific Plan No. 92-2). Applicable mitigation measures will be applied to this project and impacts would be less than significant. II. AGRICULTURE RESOURCES -- In determining whether Impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation (DOC) as an optional model to use in assessing impacts on agriculture and farmland. Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact - 7- a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?      b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?      c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code § 12220(g)), timberland (as defined by Public Resources Code § 4526), or timberland zoned Timberland Production (as defined by Government Code § 51104(g))?      d) Result in the loss of forest land or conversion of forest land to non-forest use?      e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?      Narrative Summary: No Impact (a – e). The project area is not located in an area with agricultural or forest uses. There is no unique, prime or farmland of statewide importance located within the project area. There are no Williamson Act contracts within the project area. No impacts would occur. III. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan?      b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation?      c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?      d) Expose sensitive receptors to substantial pollutant concentrations?      e) Create objectionable odors affecting a substantial number of people?      - 8- Narrative Summary: Impacts analyzed in SEIR No. 340/No new impacts. SEIR No. 340 addressed the air quality impacts associated with implementation of the Anaheim Resort Specific Plan No. 92-2. Refer to SEIR No. 340, Section 4.3.2. SEIR No. 340 concluded that, with implementation of all identified mitigation measures, mass emissions resulting from construction-related activities would be less than significant. However, because of uncertainties in the timing and magnitude of emissions for possible projects, it was concluded that cumulative emissions from construction would be significant and unavoidable. It was also concluded that local concentrations of particulate matter with a diameter of 10 microns or less (PM10) and fine particulate matter with a diameter of 2.5 microns or less (PM2.5) would exceed the South Coast Air Quality Management District’s (SCAQMD’s) CEQA significance thresholds for short-term periods when excavation would occur near sensitive receptors; the impact would be significant and unavoidable. The Anaheim City Council adopted a Statement of Overriding Considerations with regard to this potential impact. Emissions of criteria pollutants resulting from operation of the full buildout of the ARSP would exceed the SCAQMD applicable thresholds for volatile organic compounds (VOC), nitrogen oxides (NOx), carbon monoxide (CO), PM10, and PM2.5. Operation would result in direct and cumulative significant and unavoidable impacts. The Anaheim City Council adopted a Statement of Overriding Considerations with regard to these potential impacts. Because implementation of the ARSP could result in an increase in the frequency or severity of existing air quality violations, SEIR No. 340 concluded that the ARSP could conflict with or obstruct implementation of the 2007 AQMP, thereby resulting in a significant and unavoidable impact. The Anaheim City Council adopted a Statement of Overriding Considerations with regard to this potential impact. Construction and operation of the ARSP would not expose sensitive receptors to substantial pollutant toxic air contaminants (TACs); would not expose sensitive receptors to substantial CO local concentrations; and would not create objectionable odors. These impacts would be less than significant. The ARSP permits development of up to 75 hotel rooms per acre on the project site, or the equivalent of 600 square feet of visitor serving uses per hotel room. Therefore, the air quality analysis in SEIR No. 340 analyzed the operational impacts of the development of up to approximately 200 hotel rooms on the 2.35 acre property. The applicant proposes to demolish the existing 86-room hotel, restaurant and retail spaces and construct a 180-room, seven-story hotel with 10,541 square feet of restaurant and retail space. As a result, the proposed project falls under the maximum amount of development analyzed in SEIR No. 340. The proposed project would not result in any construction or operational impacts beyond those identified in the previously certified SEIR No. 340. Any impacts are addressed by mitigation measures set forth in Mitigation Monitoring Plan No. 313, created for this project from Updated and Modified Mitigation Monitoring Program No. 85C (SEIR No. 340 for the Anaheim Resort Specific Plan No. 92-2). Applicable mitigation measures will be applied to this project and impacts would be less than significant. IV. BIOLOGICAL RESOURCES -- Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or United States Fish and Wildlife Service?      b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service?      - 9- c) Have a substantial adverse effect on federally protected wetlands as defined by § 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?      d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?      e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?      f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan?      Narrative Summary: Impacts analyzed in SEIR No. 340/No new impacts. SEIR No. 340 addressed the potential impacts to biological resources associated with implementation of the Anaheim Resort Specific Plan No. 92-2. Refer to SEIR No. 340, Section 4.3.3. SEIR No. 340 identified that the ARSP area is located within an urbanized area of the City with no Candidate, Sensitive, or Special Status Species as listed in local regional plans, policies, or regulations, or as designated by the California Department of Fish and Wildlife1 (CDFW) or the U.S. Fish and Wildlife Service (USFWS). Further, SEIR No. 340 concluded that the ARSP area does not function as a migratory corridor or a native wildlife nursery site and no impact would occur. The proposed project site and surrounding areas are urbanized and no significant plant or animal resources are located on or within the immediate vicinity. There are no wetlands or wildlife corridors or nurseries on or in the vicinity of the site. In addition, the site is not located within a designated HCP or NCCP area. The proposed project would not result in any impacts beyond those identified in the previously certified SEIR No. 340. Any impacts are addressed by mitigation measures set forth in Mitigation Monitoring Plan No. 313, created for this project from Updated and Modified Mitigation Monitoring Program No. 85C (SEIR No. 340 for the Anaheim Resort Specific Plan No. 92-2). Applicable mitigation measures will be applied to this project and impacts would be less than significant. V. CULTURAL RESOURCES -- Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines §15064.5 and/or identified on the Anaheim Citywide Historic Preservation Plan.      b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines § 15064.5?      1 California Department of Fish and Wildlife is previously known, and referred to in SEIR No. 340, as the California Department of Fish and Game. - 10- c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?      d) Disturb any human remains, including those interred outside of formal cemeteries?      Narrative Summary: Impacts analyzed in SEIR No. 340/No new impacts. SEIR No. 340 addressed the potential impacts to cultural resources associated with implementation of the Anaheim Resort Specific Plan No. 92-2. Refer to SEIR No. 340, Section 4.3.4. According to SEIR No. 340, no designated historical resources exist within the ARSP area. Further, no resources are anticipated to be discovered in the ARSP area. SEIR No. 340 concluded that there is no evidence of human remains in the ARSP area and that adherence to Section 5097.98 of the California Public Resources Code and California Health and Section 7050.5 of the California Health and Safety Code would ensure that a significant impact would not occur. The proposed project site is urbanized and no known cultural resources are located on or in the vicinity of the site. There are no historic structures on the site. In addition, there are no known archaeological or paleontological resources. And there are no known burial sites on the proposed project site. The proposed project would not result in any impacts beyond those identified in the previously certified SEIR No. 340. Any impacts are addressed by mitigation measures set forth in Mitigation Monitoring Plan No. 313, created for this project from Updated and Modified Mitigation Monitoring Program No. 85C (SEIR No. 340 for the Anaheim Resort Specific Plan No. 92-2). Applicable mitigation measures will be applied to this project and impacts would be less than significant. VI. GEOLOGY AND SOILS -- Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?      ii) Strong seismic ground shaking?      iii) Seismic-related ground failure, including liquefaction?      iv) Landslides?      b) Result in substantial soil erosion or the loss of topsoil?      c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?      d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property?      - 11- e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?      Narrative Summary: Impacts analyzed in SEIR No. 340/No new impacts. SEIR No. 340 analyzed the geotechnical and soils impacts related to the implementation of the Anaheim Resort Specific Plan No. 92-2. Refer to SEIR No. 340, Section 4.3.5. SEIR No. 340 identified active and potentially active faults in the region that could result in seismic-related impacts to future development projects associated with the buildout of the ARSP. Seismic events along these faults have the potential to result in strong ground motion. SEIR No. 340 concluded that potential impacts related to seismic ground shaking would be reduced to less than significant levels with implementation of project specific mitigation measures (if required); conformance with the applicable requirements listed in the Anaheim Municipal Code; and with conformance to the California Building Code. As noted in SEIR No. 340, the ARSP area is located in a relatively flat area with minimal potential for erosion impacts due to the high amount of urban development and low amount of bare ground. However, during demolition and construction activities when areas are exposed to erosion and loss of topsoil, adherence to the following would ensure that impacts would be less than significant: local and State codes and requirements for erosion control and grading; compliance with the National Pollutant Discharge Elimination System (NPDES) permit and the subsequent development of a Storm Water Pollution Prevention Plan (SWPPP). The proposed project would not result in any impacts beyond those identified in the previously certified SEIR No. 340. Any impacts are addressed by mitigation measures set forth in Mitigation Monitoring Plan No. 313, created for this project from Updated and Modified Mitigation Monitoring Program No. 85C (SEIR No. 340 for the Anaheim Resort Specific Plan No. 92-2). Project impacts would be less than significant. VII. GREENHOUSE GAS EMISSIONS -- Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?      b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?      - 12- Narrative Summary: Less Than Significant Impact. Impacts analyzed in SEIR No. 340/No new impacts. SEIR No. 340 analyzed the potential impacts from greenhouse gas emissions related to the implementation of the Anaheim Resort Specific Plan No. 92-2. Refer to SEIR No. 340, Section 4.3.6. SEIR No. 340 concluded that although the proposed project would not conflict with applicable regulations and policies adopted for the purpose of reducing greenhouse gas (GHG) emissions and although feasible mitigation measures would be incorporated into the proposed project, the magnitude of the increase in GHG emissions would remain cumulatively considerable and the impact to GHG emissions would be significant and unavoidable. The Anaheim City Council adopted a Statement of Overriding Considerations with regard to these potential impacts. The ARSP permits development of up to 75 hotel rooms per acre on the project site, or the equivalent of 600 square feet of visitor serving uses per hotel room. Therefore, the air quality analysis in SEIR No. 340 analyzed the operational impacts of the development of up to approximately 200 hotel rooms on the 2.35 acre property. The applicant proposes to demolish the existing 86-room hotel, restaurant and retail spaces and construct a 180-room, seven-story hotel with 10,541 square feet of restaurant and retail space. As a result, the proposed project falls under the maximum amount of development analyzed in SEIR No. 340. The proposed project would not result in any impacts beyond those identified in the previously certified SEIR No. 340. Any impacts are addressed by mitigation measures set forth in Mitigation Monitoring Plan No. 313, created for this project from Updated and Modified Mitigation Monitoring Program No. 85C (SEIR No. 340 for the Anaheim Resort Specific Plan No. 92-2). Project impacts would be less than significant. VIII. HAZARDS AND HAZARDOUS MATERIALS -- Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?      b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?      c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?      d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code § 65962.5 and, as a result, would it create a significant hazard to the public or the environment?      e) For a project located within an airport land use plan (Los Alamitos Armed Forces Reserve Center or Fullerton Municipal Airport), would the project result in a safety hazard for people residing or working in the project area?      f) For a project within the vicinity of a private airstrip, heliport or helistop, would the project result in a safety hazard for people residing or working in the project area?      - 13- g) Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan?      h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?      Narrative Summary: Impacts analyzed in SEIR No. 340/No new impacts. SEIR No. 340 analyzed the hazards and hazardous materials impacts related to the implementation of the Anaheim Resort Specific Plan No. 92-2. Refer to SEIR No. 340, Section 4.3.7. According to SEIR No. 340, buildout of the ARSP would have the potential to disturb lead-based paints (LBP) and asbestos- containing materials (ACM) depending on the age of existing structures in the ARSP area. The existing building on the site that is to be demolished was constructed in 1961. With implementation of mitigation, including compliance with the State of California Hazardous Substances Control Law, potential impacts related to hazardous material on or near the ARSP area would be reduced to less than significant levels. The proposed project would not result in any impacts beyond those identified in the previously certified SEIR No. 340. Any impacts are addressed by mitigation measures set forth in Mitigation Monitoring Plan No. 313, created for this project from Updated and Modified Mitigation Monitoring Program No. 85C (SEIR No. 340 for the Anaheim Resort Specific Plan No. 92-2). Project impacts would be less than significant. IX. HYDROLOGY AND WATER QUALITY -- Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact a) Violate any water quality standards or waste discharge requirements?      b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)?      c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site?      d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site?      e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?      f) Otherwise substantially degrade water quality?      - 14- g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?      h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows?      i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam?      j) Expose persons or structures to risk of inundation by seiche or mudflow?      k) Substantially degrade water quality by contributing pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling, or storage, delivery areas, loading docks or other outdoor work areas?      l) Substantially degrade water quality by discharge which affects the beneficial uses (i.e., swimming, fishing, etc.) of the receiving or downstream waters?      Narrative Summary: Impacts analyzed in SEIR No. 340/No new impacts. SEIR No. 340 analyzed the hydrology and water quality impacts related to the implementation of the Anaheim Resort Specific Plan No. 92-2. Refer to SEIR No. 340, Section 4.3.8. According to SEIR No. 340, implementation of the ARSP project would result in short-term construction-related and long-term operational water quality impacts. However, implementation of mitigation measures and compliance with the standard requirements reduces these impacts. Although direct impacts to the underlying groundwater resources would not occur, indirect impacts associated with the anticipated increase in long-term demand for domestic water, landscape irrigation, and maintenance activities would be significant. Implementation of the proposed mitigation would reduce demand for groundwater resources. As identified in SEIR No. 340, implementation of the ARSP project would result in site-specific changes to drainage patterns on development sites, but would not adversely impact regional hydrology or drainage flows in the surrounding area. It was found that potential increases in impervious surfaces could increase runoff rates and volumes, while reducing potential for soil erosion. Additionally, the ARSP project has the potential to increase runoff volumes and rates to exacerbate existing deficiencies, potentially leading to localized street flooding. Preliminary Water Quality Management Plan (WQMP) Park Vue Inn was prepared for the proposed project. Under proposed conditions, runoff will generally follow the same southwestern direction as existing conditions. First flush flows will be directed via 8” proposed storm drain lines towards an infiltration gallery in the center portion of the project site on the western side for infiltration. First flush flows near the western portion of the site will flow towards porous pavement areas or will be considered self-treating. High flows will bypass the BMPs and discharge to an existing public storm drain on Harbor Boulevard and ultimately drain to the Bolsa Chica Channel and Huntington Harbor. The proposed project would not result in any impacts beyond those identified in the previously certified SEIR No. 340. Any impacts are addressed by mitigation measures set forth in Mitigation Monitoring Plan No. 313, created for this project from Updated and Modified Mitigation Monitoring Program No. 85C (SEIR No. 340 for the Anaheim Resort Specific Plan No. 92-2). Project impacts would be less than significant. X. LAND USE AND PLANNING -- Would the Project: - 15- Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact a) Physically divide an established community?      b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?      c) Conflict with any applicable habitat conservation plan or natural community conservation plan?      Narrative Summary: Impacts analyzed in SEIR No. 340/No new impacts. SEIR No. 340 analyzed the land use impacts related to the implementation of the Anaheim Resort Specific Plan No. 92-2. Refer to SEIR No. 340, Section 4.3.9. SEIR No. 340 concluded that the build out of ARSP would be consistent with the respective goals and policies of local and regional regulatory and planning documents. Specifically, the ARSP build out was found to be consistent with and supportive of the three key principles set forth in the 2012–2035 Regional Transportation Plan/Sustainable Communities Strategy: mobility, economy, and sustainability. Additionally, SEIR No. 340 provided a consistency analysis with all relevant goals and policies identified in the City of Anaheim General Plan. The proposed project would not result in any impacts beyond those identified in the previously certified SEIR No. 340. No impacts would occur. XI. MINERAL RESOURCES -- Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?      b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?      Narrative Summary: No Impact. The project area is not located in an area with active mining operations. According to the California Department of Mines and Geology, there are no mineral resources or mining operations located within the project area. No impacts would occur. XII. NOISE -- Would the Project result in: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact - 16- a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?      b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels?      c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project?      d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project?      e) For a project located within an airport land use plan (Los Alamitos Armed Forces Reserve Center or Fullerton Municipal Airport), would the project expose people residing or working in the project area to excessive noise levels?      f) For a project within the vicinity of a private airstrip, heliport or helistop, would the project expose people residing or working in the project area to excessive noise levels?      Narrative Summary: Impacts analyzed in SEIR No. 340/No new impacts. SEIR No. 340 analyzed the noise impacts related to the implementation of the Anaheim Resort Specific Plan No. 92-2. Refer to SEIR No. 340, Section 4.3.10. SEIR No. 340 determined that construction activities associated with the ARSP have the potential to significantly impact noise-sensitive receptors. In addition, construction in the ARSP area would have the potential to cause vibration levels that would be noticeable for short periods. Development associated with the ARSP would create long-term land use compatibility issues related to noise and would expose receptors to noise levels in excess of established standards, thereby resulting in potentially significant impacts. However, it was determined that adherence to the standard requirements and implementation of the recommended mitigation measures would reduce long-term, operational impacts. The ARSP permits development of up to 75 hotel rooms per acre on the project site, or the equivalent of 600 square feet of visitor serving uses per hotel room. Therefore, the air quality analysis in SEIR No. 340 analyzed the operational impacts of the development of up to approximately 200 hotel rooms on the 2.35 acre property. The applicant proposes to demolish the existing 86-room hotel, restaurant and retail spaces and construct a 180-room, seven-story hotel with 10,541 square feet of restaurant and retail space. As a result, the proposed project falls under the maximum amount of development analyzed in SEIR No. 340. The proposed project would not result in any impacts beyond those identified in the previously certified SEIR No. 340. Any impacts are addressed by mitigation measures set forth in Mitigation Monitoring Plan No. 313, created for this project from Updated and Modified Mitigation Monitoring Program No. 85C (SEIR No. 340 for the Anaheim Resort Specific Plan No. 92-2). Project impacts would be less than significant. XIII. POPULATION AND HOUSING -- Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact - 17- a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?      b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?      c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?      Narrative Summary: Impacts analyzed in SEIR No. 340/No impact. SEIR No. 340 analyzed the population and housing impacts related to the implementation of the Anaheim Resort Specific Plan No. 92-2. Refer to SEIR No. 340, Section 4.3.11. There is no housing located on the proposed project site. In addition, no housing or people would be displaced due to project construction. The proposed project would not result in any impacts beyond those identified in the previously certified SEIR No. 340. No new impacts would occur. XIV. PUBLIC SERVICES -- Would the Project result in substantial adverse physical Impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact Fire protection?      Police protection?      Schools?      Parks?      Other public facilities?      Narrative Summary: Impacts analyzed in SEIR No. 340/No new impacts. SEIR No. 340 analyzed the impacts on public services related to the implementation of the Anaheim Resort Specific Plan No. 92-2. Refer to SEIR No. 340, Section 4.3.12. SEIR No. 340 determined development of the project area would have a substantial demand for fire and police protection services and would indirectly result in the demand for school services, parks, and libraries. The ARSP permits development of up to 75 hotel rooms per acre on the project site, or the equivalent of 600 square feet of visitor serving uses per hotel room. Therefore, the air quality analysis in SEIR No. 340 analyzed the operational impacts of the development of up to approximately 200 hotel rooms on the 2.35 acre property. The applicant proposes to demolish the existing 86-room hotel, restaurant and retail spaces and construct a 180-room, seven-story hotel with 10,541 square feet of restaurant and retail space. As a result, the proposed project falls under the maximum amount of development analyzed in SEIR No. 340 and, thus, would not exceed the maximum amount of public services analyzed. The proposed project would not result in any impacts beyond those identified in the previously certified SEIR No. 340. Any impacts are addressed by mitigation measures set forth in Mitigation Monitoring Plan No. 313, created for this project from Updated and Modified Mitigation Monitoring Program No. 85C (SEIR No. 340 for the Anaheim Resort Specific Plan No. 92-2). Project impacts would be less than significant. XV. RECREATION -- Would the Project: - 18- Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?      b) Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?      Narrative Summary: Impacts analyzed in SEIR No. 340/No new impacts. SEIR No. 340 analyzed the impacts to recreation and recreational facilities related to the implementation of the Anaheim Resort Specific Plan No. 92-2. Refer to SEIR No. 340, Section 4.3.13. No new housing would be constructed that would increase the demand for recreational parks or facilities as a result of the proposed project. Therefore, the proposed project would not result in any impacts beyond those identified in the previously certified SEIR No. 340. No new impacts would occur. XVI. TRANSPORTATION / TRAFFIC -- Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit?      b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways?      c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location those results in substantial safety risks?      d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses?      e) Result in inadequate emergency access?      - 19- f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities?      Narrative Summary: Impacts analyzed in SEIR No. 340/No new impacts. SEIR No. 340 analyzed the transportation and traffic impacts related to the implementation of the Anaheim Resort Specific Plan No. 92-2. Refer to SEIR No. 340, Section 4.3.14. As evaluated in SEIR No. 340, traffic impacts associated with buildout of the ARSP would result in significant impacts at 21 area intersections, 1 arterial segment, and 3 freeway ramp termini intersections. However, after implementation of the identified mitigation measures, these impacts would be reduced to less than significant levels for all but nine intersections (Euclid Street/Katella Avenue, Disneyland Drive/Ball Road, Disneyland Drive/West Street/Katella Avenue, Harbor Boulevard/Ball Road, Anaheim Boulevard/Haster Street/Katella Avenue, State College Boulevard/Katella Avenue, State College Boulevard/Orangewood Avenue, State College Boulevard/The City Drive/Chapman Avenue, Orangewood Avenue/State Route [SR] 57 Southbound Ramps) and 1 ramp termini intersection (Orangewood Avenue/SR-57 Southbound Ramps). It was identified that these intersections would remain significant and unavoidable because of the infeasibility of mitigation measures due to high project cost or the inability to undertake right-of-way acquisitions as a matter of policy to preserve existing businesses, environmental constraints, or jurisdictional considerations. The Anaheim City Council adopted a Statement of Overriding Considerations with regard to these potential deficiencies. Additionally, SEIR No. 340 indicated no impacts would occur on intersections identified in the Congestion Management Program (CMP) for Orange County. The proposal includes a total of 201 parking spaces to be shared by hotel guests and restaurant patrons. Variance 2014- 04987 is requested to provide for a total of 201 parking spaces rather than the 229 required spaces (Hotel: 156; Restaurant: 73). The parking study demonstrates that there is enough parking on-site as the peak times of the hotel and restaurant do not overlap. The shared parking peak is 201 parking spaces from 7 a.m. to 9 a.m. In addition, this project will not create more than 100 additional peak hour trips, as compared to the existing hotel; therefore additional traffic analysis was not necessary. The ARSP permits development of up to 75 hotel rooms per acre on the project site, or the equivalent of 600 square feet of visitor serving uses per hotel room. Therefore, the air quality analysis in SEIR No. 340 analyzed the operational impacts of the development of up to approximately 200 hotel rooms on the 2.35 acre property. The applicant proposes to demolish the existing 86-room hotel, restaurant and retail spaces and construct a 180-room, seven-story hotel with 10,541 square feet of restaurant and retail space. As a result, the proposed project falls under the maximum amount of development analyzed in SEIR No. 340. The proposed project would not result in any impacts beyond those identified in the previously certified SEIR No. 340. Any impacts are addressed by mitigation measures set forth in Mitigation Monitoring Plan No. 313, created for this project from Updated and Modified Mitigation Monitoring Program No. 85C (SEIR No. 340 for the Anaheim Resort Specific Plan No. 92-2). Project impacts would be less than significant. XVII. UTILITIES AND SERVICE SYSTEMS -- Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board?      b) Require or result in the construction of new water or wastewater treatment facilities (including sewer (waste water) collection facilities) or expansion of existing facilities, the construction of which could cause significant environmental effects?      c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?      - 20- d) Have sufficient water supplies available to serve the project (including large-scale developments as defined by Public Resources Code § 21151.9 and described in Question No. 20 of the City’s Environmental Information Form) from existing entitlements and resources, or are new or expanded entitlements needed?      e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments?      f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?      g) Comply with Federal, State, and local statutes and regulations related to solid waste?      h) Result in a need for new systems or supplies, or substantial alterations related to electricity?      i) Result in a need for new systems or supplies, or substantial alterations related to natural gas?      j) Result in a need for new systems or supplies, or substantial alterations related to telephone service?      k) Result in a need for new systems or supplies, or substantial alterations related to television service/reception?      Narrative Summary: Impacts analyzed in SEIR No. 340/No new impacts. SEIR No. 340 analyzed the impacts to utilities and service systems related to the implementation of the Anaheim Resort Specific Plan No. 92-2. Refer to SEIR No. 340, Section 4.3.15. SEIR No. 340 identified that buildout of the ARSP would exceed capacities of existing water facilities; however, the projected water demand associated with buildout of the ARSP would be accommodated through existing and projected supplies. According to SEIR No. 340, the wastewater treatment requirements of the Santa Ana Regional Water Quality Control Board (RWQCB) would not be exceeded by buildout of the ARSP. SEIR No. 340 identified that buildout of the ARSP would increase sewage flows in existing sewer lines and trunks serving the area, resulting in several sewer lines becoming deficient; however, this impact would be mitigated to less than significant level. Additionally, it was determined that build out of the ARSP evaluated in SEIR No. 340 would increase sewage flows by approximately 323,656 gallons per day (gpd) in the PR District and 2.1 million gallons per day (mgd) in the C-R District and that these increases in sewage flow would be accommodated by available capacity at Orange County Sanitation District (OCSD) Treatment Plant No. 1. According to SEIR No. 340, buildout of the ARSP area would result in an increased demand for electricity. Compliance with the standard requirements and implementation of the proposed mitigation measures would reduce anticipated demand through conservation efforts. It is expected that the existing electrical distribution system and future planned improvements would adequately accommodate the anticipated demand. According to SEIR No. 340, buildout of the ARSP has the potential to worsen several existing deficiencies in the City’s storm drain system. However, participation in the City’s Master Plan of Storm Drains and related Infrastructure Improvement (Fee) Program would assist in mitigating existing and future storm drainage system deficiencies. According to SEIR No. 340, Southern California Gas Company (SCGC) indicated that natural gas service to the ARSP can be provided from an existing gas main that is accessible from various locations in the ARSP area. The service would be provided in accordance with the SCGC’s policies and extension rules on file with the California Public Utilities Commission. - 21- Buildout of the ARSP would generate an estimated 109,514 pounds of solid waste per day or approximately 19,986 tons of solid waste annually. Buildout of the ARSP would add approximately 19,986 tons of solid waste annually to existing solid waste facilities and capacity, which would impact the landfill system. However, the buildout of the ARSP could be accommodated within the permitted capacity of the County’s landfill capacity. In addition, once the Alpha Olinda Landfill closes in 2021, capacity would exist for buildout of the ARSP in the Frank R. Bowerman Landfill. AT&T would serve the ARSP area. According to SEIR No. 340, it was determined that AT&T can provide telephone, digital cable, and high-speed internet services and that the ARSP area can be served by Time Warner Cable with the existing cable resources available to the site. The ARSP permits development of up to 75 hotel rooms per acre on the project site, or the equivalent of 600 square feet of visitor serving uses per hotel room. Therefore, the air quality analysis in SEIR No. 340 analyzed the operational impacts of the development of up to approximately 200 hotel rooms on the 2.35 acre property. The applicant proposes to demolish the existing 86-room hotel, restaurant and retail spaces and construct a 180-room, seven-story hotel with 10,541 square feet of restaurant and retail space. As a result, the proposed project falls under the maximum amount of development analyzed in SEIR No. 340 and therefore, would not exceed the maximum demand for utilities and service systems previously analyzed. The proposed project would not result in any impacts beyond those identified in the previously certified SEIR No. 340. Any impacts are addressed by mitigation measures set forth in Mitigation Monitoring Plan No. 313, created for this project from Updated and Modified Mitigation Monitoring Program No. 85C (SEIR No. 340 for the Anaheim Resort Specific Plan No. 92-2). Project impacts would be less than significant. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE -- Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in SEIR No. 340 No New Impact No Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?      b) Does the project have Impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?      c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?      Narrative Summary: Impacts analyzed in SEIR No. 340/No new impacts. SEIR No. 340 analyzed the project’s impacts related to the implementation of the Anaheim Resort Specific Plan No. 92-2. The proposed project would not result in any impacts beyond those identified in the previously certified SEIR No. 340. Any impacts are addressed by mitigation measures set forth in Mitigation Monitoring Plan No. 313, created for this project from Updated and Modified Mitigation Monitoring Program No. 85C (SEIR No. 340 for the Anaheim Resort Specific Plan No. 92-2). Project impacts would be less than significant. - 22- References Assembly Bill 32: Global Warming Solutions Act. 2006. Available at: http://www.arb.ca.gov/cc/ab32/ab32.htm. Accessed on March 11, 2015. California Air Pollution Control Officers Association (CAPCOA). CEQA & Climate Change. January 2008. California Department of Conservation (DOC). Agricultural Preserves 2010 Status Report, Williamson Act Parcels, Orange County, California. Available at: http://www.conservation.ca.gov/dlrp/lca/stats_reports/Documents/2010%20Williamson%20Act%20Status%20Report.pdf DOC. Farmland Mapping and Monitoring Program Map for Orange County. 2010. DOC. Seismic Hazard Zones Map, Orange 7.5-Minute Quadrangle. April 15, 1998. California Department of Fish and Wildlife (CDFW). Natural Community Conservation Plan and Habitat Conservation Plan for the County of Orange Central and Coastal Subregion. 1996. Available at: https://www.wildlife.ca.gov/Conservation/Planning/NCCP/Plans/Orange-Coastal. Accessed on March 11, 2015. California Department of Toxic Substances Control. Cortese List. Available at: http://www.dtsc.ca.gov/SiteCleanup/Cortese_List.cfm. Accessed March 11, 2015. California Department of Transportation. Eligible (E) and Officially Designated (OD) [Scenic Highway] Routes. Available at: http://www.dot.ca.gov/hq/LandArch/scenic/cahisys.htm. Accessed on March 11, 2015. California Geologic Survey. Special Publication 117A, Guidelines for Evaluating and Mitigating Seismic Hazards in California. September 11, 2008. City of Anaheim (Anaheim). 2010 Urban Water Management Plan. June 2011. Anaheim. Anaheim Outdoors Connectivity Plan. April 2013. Anaheim. Citywide Historic Preservation Plan. May 2010. Available at: http://www.anaheim.net/planning/aRT/PlanCouncil-May2010.pdf. Accessed on March 11, 2015. Anaheim. General Plan Circulation Element Green Element: Mineral Resource Map Noise Element. Pg. N-9 Safety Element: Dam Inundation Map Anaheim. General Plan and Zoning Code Update Environmental Impact Report No. 330. May 25, 2004. Anaheim. Criteria for Preparation of Traffic Impact Studies. Anaheim. Municipal Code. 1974; updated as recently as February 2013. Anaheim. Sewer Capacity Map. LN Civil Engineers, Inc, Priority Project Preliminary Water Quality Management Plan, Project Name: Panera Bread Bakery. September 9, 2014 Orange County Public Works. Drainage Area Management Plan. 2003. Orange County Transportation Authority. Orange County Congestion Management Plan. 2011. - 23- Senate Bill 375: Sustainable Communities and Climate Protection Act of 2008. 2008. Available at: http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0351-0400/sb_375_bill_20080930_chaptered.pdf. Accessed on March 11, 2015. Southern California Air Quality Management District (SCAQMD). 2007 Air Quality Management Plan. Available at: http://www.aqmd.gov/home/library/clean-air-plans/air-quality-mgt-plan/2007-air-quality-management-plan . Accessed on March 11, 2015. SCAQMD. Rule 403, Fugitive Dust. Amended June 3, 2005. Available at: http://www.aqmd.gov/docs/default- source/rule-book/rule-iv/rule-403.pdf?sfvrsn=4 . Accessed on March 11, 2015. State of California, Governor’s Office of Planning and Research. CEQA and Climate Change: Addressing Climate Change Through California Environmental Quality Act (CEQA) Review. June 19, 2008. Pg. 4. United States Environmental Protection Agency (US EPA). Federal Water Pollution Control Act (known as the Clean Water Act). November 27, 2002. 24 Terms and Definitions 1. Property Owner/Developer − Scalzo Family Partnership 2. Environmental Equivalent/Timing − Any mitigation measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning and Building Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed “environmental equivalent timing” and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be borne by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City’s adopted Fee Schedule. 3. Timing − This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is “to be shown on approved building plans” subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 4. Responsibility for Monitoring − Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure. 5. Ongoing Mitigation Measures − The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored “Ongoing During Construction,” the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction. 6. Building Permit − For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building, but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 25 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion AESTHETICS MM 5.1-1 Prior to final site plan approval Prior to final site plan approval, the property owner/developer shall submit a shade and shadow analysis to the Planning and Building Department for review and approval demonstrating that the proposed structure(s) would avoid creating significant shade and shadow impacts on adjacent land uses to the maximum extent feasible. A significant shade and shadow impact would occur when outdoor active areas (e.g., outdoor eating areas, hotel/motel swimming pools, and residential front and back yards) or structures that include sensitive uses (e.g., residences) have windows that normally receive sunlight are covered by shadows for more than 50 percent of the sunlight hours. Planning and Building Department MM 5.1-2 Prior to issuance of building permits Prior to issuance of building permits, 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 Department MM 5.1-3 Ongoing Ongoing, the property owner/developer shall be responsible for the removal of any on-site graffiti within 24 hours of its application. Planning and Building Department MM 5.1-4 Prior to Final Site Plan approval Prior to Final Site Plan approval, the location and configuration of all lighting fixtures including ground-mounted lighting fixtures utilized to accent buildings, landscape elements, or to illuminate pedestrian areas shall be shown on all Final Site Plans. All proposed surface parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet adjacent to any residential properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines. Planning and Building Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 26 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion MM 5.1-5 Prior to final building and zoning inspections Prior to final building and zoning inspections, private streets within the Anaheim Resort Specific Plan area shall have street lights installed which are compatible with the design standards used for the public streets as determined by the Public Utilities Department. Public Utilities Department MM 5.1-6 Prior to final building and zoning inspections 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 Department MM 5.1-7 Prior to final building and zoning inspections Prior to final building and zoning inspections, 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 Department MM 5.1-8 Ongoing Ongoing, 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 Department MM 5.1-9 Ongoing Ongoing, 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 Department MM 5.1-10 Ongoing Ongoing, a licensed arborist shall be hired by the property owner/developer to be responsible for all tree trimming. Planning and Building Department MM 5.1-11 Prior to issuance of each building permits Prior to issuance of each building permits, 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 Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 27 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion MM 5.1-12 Prior to issuance of each building permit 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 Department MM 5.1-13 Prior to Final Site Plan approval Prior to Final Site Plan approval, plans shall show that the rear elevations of buildings visible from off-site areas shall be architecturally accented to portray a finished look. Planning and Building Department MM 5.1-14 Prior to Final Site Plan approval Prior to Final Site Plan approval, plans shall show that no shuttle/bus/vehicular drop-off areas shall be permitted in hotel/motel or vacation resort front setback area. Planning and Building Department AIR QUALITY MM 5.2-1 Ongoing during project operation Ongoing during project operation, 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 Department MM 5.2-2 Prior to the issuance of each building permit Prior to the issuance of each building permit, 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 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 Planning and Building Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 28 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion architectural coatings and asphalt usage: a. Use non-solvent-based coatings on buildings, wherever appropriate; b. Use solvent-based coatings, where they are necessary. MM 5.2-3 Ongoing during construction 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 Planning and Building Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 29 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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. Use low sulfur fuel for equipment, to the extent practicable. 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) 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, Planning and Building Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 30 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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. MM 5.2-5 Prior to the issuance of each building permit Prior to the issuance of each building permit, 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 Department MM 5.2-6 Prior to the issuance of each building permit Prior to the issuance of each building permit, 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 Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 31 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion BIOLOGICAL RESOURCES MM 5.3-1 Prior to the issuance of a demolition permit, grading permit, or building permit, whichever occurs first 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 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. Planning and Building Department MM 5.3-2 Prior to the issuance of a demolition permit, grading permit, or building permit, whichever occurs first 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 Department CULTURAL RESOURCES MM 5.4-1 Prior to issuance of each grading permit 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 Planning and Building Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 32 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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 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. MM 5.4-2 Prior to issuance of each grading permit 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. Planning and Building Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 33 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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. MM 5.4-3 Prior to approval of a final site plan for properties that contain a structure over 45 years old Prior to approval of a final site plan for properties that contain a structure over 45 years old, property owners/developers shall submit to the Planning and Building Department, Planning Services Division, documentation to verify the presence/absence of historic resources. On properties where resources are identified, such documentation shall provide a detailed mitigation plan, including a monitoring program and recovery and/or in situ preservation plan, based on the recommendations of a qualified specialist. Planning and Building Department GEOLOGY AND SOILS MM 5.5-1 Prior to issuance of each building permit Prior to issuance of each building permit, 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 Department MM 5.5-2 Prior to issuance of each foundation permit 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 Department MM 5.5-3 Prior to issuance of each building permit Prior to issuance of each building permit, 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 Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 34 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion MM 5.5-4 Prior to the final building and zoning inspection for a hotel/motel Prior to the final building and zoning inspection for a hotel/motel, 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 MM 5.5-5 Ongoing during grading activities 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 Department, Building Services Division. Planning and Building Department MM 5.5-6 Prior to issuance of building or grading permits Prior to issuance of building or grading permits, the property owner/developer shall submit to the Planning and Building Department, Building Services Division 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 Building Department HAZARDS AND HAZARDOUS MATERIALS MM 5.7-3 Ongoing during remediation all remediation activities of surface or subsurface contamination not related to USTs 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. Santa Ana Regional Water Quality Control Board (SARWQCB) with a copy to Planning & Building. Note: Per a memo dated October 22, 2014 from the Public Utilities Department, as of July 1, 2014, the Environmental Services Division of the Public Utilities Department is no longer responsible for overseeing the cleanup of new UST cases, and the responsibility has been delegated to the Santa Ana Regional Water Quality Control Board (SARWQCB). However, Fire Department Public Utilities Department Planning & Building PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 35 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion the Anaheim Fire Department will still be responsible for overseeing the removal of USTs. (amended February 26, 2015). MM 5.7-6 Ongoing during project demolition and construction Ongoing during project demolition and construction, 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 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. Fire Department HYDROLOGY AND WATER QUALITY MM 5.8-1 Prior to issuance of the first grading or building permit, whichever occurs first Prior to issuance of the first grading or building permit, whichever occurs first, the property owner/developer shall submit a Master Drainage and Runoff Management Plan (MDRMP) for review and approval by the Public Works Department, Development Services Division and Orange County (OC) Public Works/OC Engineering. The Master Plan shall include, but not be limited to, the following items: a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100-year storm; and, b. A delineation of the improvements to be implemented for control of project-generated drainage and runoff. Public Works Department MM 5.8-2 Prior to issuance of a grading permit for sites that disturb more than one (1) acre of soil Prior to issuance of a grading permit for sites that disturb more than one (1) acre of soil, the property owner/developer shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the Planning and Building Department, Building Services Division. Planning and Building Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 36 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion MM 5.8-3 Ongoing during project operations Ongoing during project operations, 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 Department MM 5.8-4 Prior to each final building and zoning inspection Prior to each final building and zoning inspection, 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 Department MM 5.8-5 Prior to final building and zoning inspection Prior to final building and zoning inspection, 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 MM 5.8-6 Prior to issuance of building permits Prior to issuance of building permits, 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 NOISE 5.10-1 Ongoing during construction, Ongoing during construction, 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 Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 37 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 5.10-2 Prior to approval of each final site plan Prior to approval of each final site plan, the property owner/developer shall submit a noise study prepared by a certified acoustical engineer to the satisfaction of the Building Division Manager identifying whether noise attenuation is required and defining the attenuation measures and specific performance requirements, if warranted, to comply with the Uniform Building Code and Sound Pressure Level Ordinance. Ultimate noise attenuation requirements, if any, shall depend on the final location of such buildings and noise-sensitive uses inside and surrounding the buildings. Attenuation measures shall be implemented by the property owner/developer prior to final building and zoning inspections. Planning and Building Department 5.10-3 Prior to issuance of each building permit 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 Department 5.10-5 Prior to issuance of each building permit Prior to issuance of each building permit, 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 Department 5.10-6 Ongoing during construction and project operation Ongoing during construction and project operation, 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 AM and 8:00 PM. Planning and Building Department 5.10-7 Ongoing during Ongoing during construction and project operation, sweeping operations in Planning and PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 38 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion construction and project operation 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. Building Department 5.10-9 Prior to issuance of each building permit 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 Department 5.10-10 Prior to issuance of each building permit Prior to issuance of each building permit, 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 Department 5.10-12 Prior to issuance of each building permit if pile driving and blasting is anticipated during construction 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 Department PUBLIC SERVICES 5.12-1 Prior to the approval of each Final Site Plan and issuance of each building permit 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 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 Police Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 39 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion and parking areas). 5.12-2 Prior to the issuance of each building permit for a parking structure Prior to the issuance of each building permit for a parking structure, the property owner/developer shall submit plans to the Police Department for review and approval indicating the provision of closed circuit television monitoring and recording or other substitute security measures as may be approved by the Police Department. Said measures shall be implemented prior to final building and zoning inspections. Police Department 5.12-3 Ongoing during project operation Ongoing during project operation, 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 5.12-4 Prior to issuance of each building permit Prior to issuance of each building permit, 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 5.12-5 Prior to commencement of structural framing on each parcel or lot Prior to commencement of structural framing on each parcel or lot, onsite fire hydrants shall be installed and charged by the property owner/developer as required and approved by the Fire Department. Fire Department 5.12-6 Prior to issuance of each grading permit 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 5.12-7 Prior to issuance of each building permit; to be implemented prior to the final building and zoning inspection 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 5.12-8 Prior to issuance of each Prior to issuance of each building permit, plans shall be submitted to ensure Fire Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 40 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion building permit 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. 5.12-9 Prior to issuance of the first building permit 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. Fire Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 41 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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. 5.12-10 Prior to each final building and zoning inspection Prior to each final building and zoning inspection, the property owner/developer shall place emergency telephone service numbers in prominent locations as approved by the Fire Department. Fire Department 5.12-11 Prior to issuance of each building permit Prior to issuance of each building permit, 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 PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 42 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 5.12-12 Prior to the approval of each Final Site Plan and prior to the issuance of each building permit Prior to the approval of each Final Site Plan and prior to the issuance of each building permit, plans shall be reviewed and approved by the Fire Department as being in conformance with the Uniform Fire Code. Fire Department 5.12-13 Prior to the placement of building materials on a building site 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, 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. Fire Department 5.12-14 Prior to approval of building plans Prior to approval of building plans, the property owner/developer shall provide written evidence to the satisfaction of the Fire Department that all lockable pedestrian and/or vehicular access gates shall be equipped with “knox box” devices as required and approved by the Fire Department. Fire Department 5.12-15 Prior to approval of on-site water plans Prior to approval of on-site water plans, unless each commercial building is initially connected to separate fire services, an unsubordinated covenant satisfactory to the City Attorney’s Office shall be recorded prohibiting any individual sale of buildings until separate fire services are installed in the building(s) subject to the sale. Fire Department 5.12-16 Prior to approval of water improvement plans 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 5.12-17 Prior to issuance of each building permit 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 Department 5.12-19 Prior to the issuance of a Prior to the issuance of a building permit, the property owner/developer shall Planning and PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 43 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion building permit comply with the Anaheim Municipal Code, Section 17.08.385, Public Library Facilities Services Areas – Payment of Fees Required. Building Department TRANSPORTATION AND TRAFFIC 5.14-2 Prior to issuance of the first building permit for each building 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 Department 5.14-3 Prior to approval of the first final subdivision map or issuance of the first building permit, whichever occurs first Prior to approval of the first final subdivision map or issuance of the first building permit, whichever occurs first, 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 5.14-4 Prior to the final building and zoning inspection Prior to the final building and zoning inspection, 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 5.14-5 Prior to the issuance of grading permits 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 a approval and shall implement ATN recommendations to the extent feasible. Public Works Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 44 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 5.14-6 Prior to the issuance of each building permit for a hotel development that exceeds 100 rooms per gross acre within the Commercial Recreation District within the Convention Center Medium density category Prior to the issuance of each building permit for a hotel development that exceeds 100 rooms per gross acre within the Commercial Recreation (C-R) District (Development Area 1) within the Convention Center (CC) Medium density category, the property owner shall record a covenant on the property requiring that ongoing during project implementation, the property owner/developer shall implement TDM measures sufficient to reduce the actual trip generation from the development to no more than the trips assumed by the City’s traffic model. The form of the covenant shall be approved by the City Attorney’s Office. Public Works Department 5.14-7 Ongoing during construction Ongoing during construction, 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 services. Police Department Public Works Department 5.14-8 Prior to the final building and zoning inspection, the property owner shall record a covenant on the property requiring that ongoing during project implementation Prior to the final building and zoning inspection, 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 5.14-9 Prior to the final building and zoning inspection Prior to the final building and zoning inspection, the property owner/developer shall provide to the City of Anaheim Public Works Public Works Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 45 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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. 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 bicycling PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 46 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion alternative 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 PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 47 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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 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. 5.14-12 Prior to the issuance of the first building permit Prior to the issuance of the first building permit, the location of any proposed gates across a driveway shall be subject to the review and approval of the City Engineer. Gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the current version of Engineering Standard Detail No. 475. Public Works Department 5.14-13 Prior to the issuance of building permits Prior to the issuance of building permits, 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 PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 48 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 5.14-14 Prior to the issuance of building permits or final map approval, whichever occurs first Prior to the issuance of building permits or final map approval, whichever occurs first, security in the form of a bond, certificate of deposit, letter of credit, completion guarantee, or cash, in an amount and form satisfactory to the City Engineer shall be posted with the City to guarantee the satisfactory completion of all engineering requirements of the City of Anaheim, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities and other appurtenant work, as required by the City Engineer and in accordance with the specifications on file in the office of the City Engineer, as may be modified by the City Engineer. Installation of said improvements shall occur prior to final building and zoning inspections. Public Works Department 5.14-19 Prior to the approval of the final subdivision map or issuance of building permits, whichever occurs first 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 Department 5.14-21 Prior to the first final building and zoning Inspection Prior to the first final building and zoning Inspection 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 WATER SUPPLY AND INFRASTRUCTURE 5.15-2 Prior to issuance of each building permit Prior to issuance of each building permit, 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 Department Fire Department 5.15-3 Prior to issuance of each Prior to issuance of each building permit, water pressure greater than 80 Planning and PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 49 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion building permit 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. Building Department 5.15-4 Prior to the issuance of each building permit Prior to the issuance of each building permit, 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 Department 5.15-5 Prior to approval of the Final Site Plan and building permits Prior to approval of the Final Site Plan and building permits, 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 5.15-6 Prior to issuance of each building permit, unless records indicate previous payment Prior to issuance of each building permit, 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 Public Utilities Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 50 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion Utilities Department Water Rates, Rules and Regulations. 5.15-7 Prior to final building and zoning inspections Prior to final building and zoning inspections, 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 Department 5.15-9 Ongoing Ongoing, 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 SEWER 5.16-1 Prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first 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: 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, Public Works Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 51 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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. 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). ELECTRICITY 5.17-1 Prior to issuance of each building permit Prior to issuance of each building permit, 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: Public Utilities Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 52 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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 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. PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 53 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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. 5.17-2 Prior to final building and zoning inspection Prior to final building and zoning inspection, 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 5.17-3 Prior to issuance of each building permit Prior to issuance of each building permit, the property owner/developer shall submit plans and calculations to the City of Anaheim Planning and Building Department, Building Division, to demonstrate that the energy efficiency of each building will exceed the Title 24 Energy Efficiency Standards for Residential and Nonresidential Buildings current at the time of application by at least 10 percent. Planning and Building Department STORM WATER 5.18-1 Prior to approval of a final subdivision map, or issuance of a grading or building permit, whichever occurs first 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 Storm Drains and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and Public Works Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 54 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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 PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 55 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion approval and shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and, (4) construction estimates. 5.18-3 Prior to the issuance of building permits Prior to the issuance of building permits, the City shall require that building plans 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 Department OTHER PUBLIC UTILITIES 5.19-1 Prior to issuance of each building permit; to be implemented prior to final building and zoning Inspection 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 Public Works Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 56 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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. 5.19-2 Ongoing during project operation Ongoing during project operation, the following practices shall be implemented, as feasible, by the property owner/developer: Public Works Department PARK VUE INN DEV2013-00138, FSP2014-00003, VAR2014-04987 UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C MITIGATION MONITORING PLAN NO. 313 57 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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. 5.19-3 Prior to issuance of building permits Prior to issuance of building permits, 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 Department 5.19-4 Prior to issuance of each building permit, Prior to issuance of each building permit, 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 Department 5.19-5 Prior to issuance of each grading and building permit Prior to issuance of each grading and building permit, 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 Department 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. 10 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: DECEMBER 14, 2015 SUBJECT: CONDITIONAL USE PERMIT NO. 138A AND CONDITIONAL USE PERMIT NO. 4075A LOCATION: 1557 and 1575 West Mable Street APPLICANT/PROPERTY OWNER: The property owner is Holt Family Trust and the applicant is Chad Jackson of Fairmont Private Schools. REQUEST: The applicant requests approval of: (1) An amendment to Conditional Use Permit No. 138 to permit a new preschool, and relocate existing K-8 students within the existing Fairmont Private School campus; and (2) An amendment to Conditional Use Permit No. 4075 to modify a condition of approval related to a time limitation of the private school use and to permit and retain the existing administrative school offices. 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 138A and Conditional Use Permit 4075A. BACKGROUND: The Fairmont Private School campus consists of eight contiguous parcels located on both sides of Mable Street and the north side of Broadway. The campus is developed with school classrooms, administrative offices, auditorium, gymnasium, sports field, cafeteria and storage and maintenance facilities. The 1.3-acre property at 1557 West Mable Street is developed with offices and classrooms. The 0.88-acre property at 1575 West Mable Street is developed with a 14,775 square foot administrative office building. These properties are located in the Industrial (I) zone and are designated for Industrial land uses by the General Plan. Surrounding land uses include industrial uses to the north and east, single family homes to the south, across Broadway, and a public school to the west, across Loara Street. CONDITIONAL USE PERMIT 138A AND CONDITIONAL USE PERMIT NO. 4075A DECEMBER 14, 2015 Page 2 of 5 Conditional Use Permit No. 138 was approved in 1961 to permit the establishment of a private school at 1557 West Mable Street. This permit was amended in 1988 (Conditional Use Permit No. 2994) to permit an expansion of the private school with waivers of minimum structural setback and minimum number of parking spaces. Conditional Use Permit No. 4075 was approved in 1999 to permit the conversion of an existing 14,775 square foot industrial building into a private elementary and junior high school at 1575 West Mable Street with waiver of minimum number of parking spaces; this permit was approved for 20 years and will expire in 2019. Fairmont Private Schools maintain two other campuses in Anaheim and an additional campus in the City of Santa Ana. The attached table (Attachment No. 5) provides the entitlement history of all eight parcels on Mable Street and Broadway. The map below shows the boundaries of the school campus and the location of the two properties where the two entitlements are being requested. Location Map PROPOSAL: The applicant requests approval of the following entitlements: Amendment to Conditional Use Permit No. 138: The applicant requests to allow a preschool facility at the 1557 West Mable Street campus. With the closure of Fairmont’s preschool facility at 121 South Citron Street, the applicant proposes to establish a new preschool facility on Mable Street and enroll 32 new preschool students at this location. The applicant proposes to utilize the first floor of an existing building located at the north side of the campus for preschool classrooms. Based on State law, preschool students may only occupy the first floor. The two- story building currently houses kindergarten (K) through 8th grade students. The K-8 students would be relocated to existing classrooms at the southeast portion of the property in existing Proposed Preschool Location (1557 W. Mable St.) Existing Administrative Offices (1575 W. Mable St.) CONDITIONAL USE PERMIT 138A AND CONDITIONAL USE PERMIT NO. 4075A DECEMBER 14, 2015 Page 3 of 5 classrooms. An existing playground and covered dining area would be enclosed with a new 3- foot high fence; this fence would provide a separation between preschool students with the K-8 students. With the exception of the fence, no new construction is proposed as part of this application. Student pick-up and drop-off will continue to operate as previously-approved for Fairmont Private School. Specifically, the preschool students will be pick-up and dropped-off within a designated loading area on the north side Mable Street directly in front of the facility. The school is currently limited to a maximum of 695 students. School hours are 8:00 a.m. to 3:00 p.m. with students arriving as early as 7:00 a.m. and leaving as late as 5:45 p.m. due to before and after-school programs. The campus office hours are from 7:00 a.m. to 6:00 p.m. Fairmont Private School currently has 475 K-8 students on the Mable Street campus and, although they are permitted for up to 695 students, they do not anticipate the enrollment to exceed 540 students in the next several years, including the added preschool enrollment. The applicant’s intent is to allow flexibility in the overall student body enrollment to accommodate preschool through 8th grade students. The site plan below shows the location of the proposed preschool in the existing classrooms, fenced playground, restrooms, and the new location of the K-8 classrooms. Proposed Site Plan Amendment to Conditional Use Permit No. 4075: The applicant also requests to modify a condition of approval related to the time limitation of the private school use at 1575 West Mable Street. The original entitlement permitted the conversion of an existing 14,775 square foot Administrative Offices STUDENTS TO BE RELOCATED TO THESE CLASSROOMS CONDITIONAL USE PERMIT 138A AND CONDITIONAL USE PERMIT NO. 4075A DECEMBER 14, 2015 Page 4 of 5 industrial building into a private elementary and junior high school. Subsequent amendments eliminated the classrooms in the building, increased the warehouse area, and permitted administrative offices for the school. The applicant requests to delete a condition of approval which would terminate the use of the building for school purposes on March 1, 2019, or concurrently with the lease of the property. This property was has been purchased by the school subsequent to the condition of approval; therefore, no lease terms currently exist on the property. FINDINGS AND ANALYSIS: Before the Planning Commission grants a conditional use permit or amends an existing conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That 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; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. An amendment to Conditional Use Permit No. 138 is required to allow the enrollment of preschool students at the 1557 West Mable Street facility and relocate the existing K-8 grade students to another building on the same property. An amendment to Conditional Use Permit No. 4075 is also required to modify a condition of approval related to a time limitation for the administrative offices at the 1575 West Mable Street facility. Adjoining uses to the north and east include warehouses, light manufacturing, metal fabrication, and general building contractors. Uses to the west include office and warehousing for lighting products and Loara Elementary School. Uses to the south include wholesale plumbing products, tutoring services, light manufacturing, and wholesale beauty supplies. This school has been operating at this location for many years without impacting adjacent properties. The property is well maintained and there are no pending Code Enforcement violations. The primary nature of the school will not change as a result of the new preschool facility or the continued use of the administrative office building. No new construction is proposed except for a 3-foot high fence CONDITIONAL USE PERMIT 138A AND CONDITIONAL USE PERMIT NO. 4075A DECEMBER 14, 2015 Page 5 of 5 around the preschool yard area. The proposal to include an additional 32 preschool students to the campus will not exceed the permitted 695 students on the overall campus. The preschool students will be housed on the first floor of an existing two-story building with an enclosed yard and eating area to separate them from other students and the surrounding light industrial uses. Therefore, this request will not adversely affect adjoining land uses or growth and development of the area. Overall, the proposal to include preschool students and eliminate the time limits and use of the administrative offices will not be detrimental to the health and safety of the citizens of Anaheim. Environmental Impact Analysis: Staff recommends that the Planning Commission determine that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) 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, in that the proposal includes the inclusion of preschool students at an existing campus and amendment of a condition to allow administrative offices in an existing building. Therefore, pursuant to Section 15301 of the CEQA Guidelines, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. CONCLUSION: Staff believes that the request to amend Conditional Use Permit No. 138 and Conditional Use Permit No. 4075 to allow preschool students at the Fairmont Private School campus, and to modify a condition of approval related to a time limitation of the private school use, would not have an impact on adjacent properties. The primary nature of the school will not change as a result of the requested modifications and the additional preschool students will not exceed the permitted 695 students on the overall campus. Therefore, staff recommends approval of the requested amendments. Prepared by, Submitted by, Amy Stonich Jonathan E. Borrego Contract Planner Planning Services Manager Lilley Planning Group Attachments: 1. Draft Conditional Use Permit Resolution 2. Letter of Operation 3. Site Plans 4. Site Photos 5. Entitlement History Original and Resolution No. 138 and 4075 IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIALIINDUSTRIALIINDUSTRIAL C-GRETAIL I I N D U S T R I A L T S F R T L O A R A E L E M E N T A R Y S C H O O L R M -4 C H A U M O N T V I L L A S A P A R T M E N T S 6 0 D U RS-3SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILYRESIDENCE RS-3SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE 25011406 25011306 25011401 25012409 25012410 2501130725011308 03605104 S S O N Y A S T S G I L M A R S T S L O A R A S T W ELM AVE W EMBASSY ST W MABLE ST W BROADWAY W. LINCOLN AVE W. BROADWAY W. BALL RD S . E U C L I D S T N . E U C L I D S T S . W A L N U T S T N . H A R B O R B L V D S. M AN C H E STER AVE N . L O A R A S T S . H A R B O R B L V D S . H A R B O R B L V D 1557 & 1575 West Mable Street DEV No. 2015-00109 Subject Property APN: 250-114-01250-124-10250-113-06036-051-04250-113-08250-114-06250-124-09250-113-07 °0 50 100 Feet Aerial Photo:May 2014 S S O N Y A S T S G I L M A R S T S L O A R A S T W ELM AVE W EMBASSY ST W MABLE ST W BROADWAY W. LINCOLN AVE W. BROADWAY W. BALL RD S . E U C L I D S T N . E U C L I D S T S . W A L N U T S T N . H A R B O R B L V D S. M AN C H E STER AVE N . L O A R A S T S . H A R B O R B L V D S . H A R B O R B L V D 1557 & 1575 West Mable Street DEV No. 2015-00109 Subject Property APN: 250-114-01250-124-10250-113-06036-051-04250-113-08250-114-06250-124-09250-113-07 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AMENDMENTS TO CONDITIONAL USE PERMIT NO. 138 AND CONDITIONAL USE PERMIT 4075 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00109) (1557-1575 WEST MABLE STREET) WHEREAS, on July 18, 1961, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (hereinafter referred to as ("Planning Commission"), by its Resolution No. 7, did approve Conditional Use Permit No. 138 (the "Original CUP 138") to permit the establishment of a private school, located at 1557 West Mable Street in the City of Anaheim, County of Orange, State of California (the “1557 Property”), as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, on April 11,1988, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC88-99, approved an amendment to Original CUP 138 (designated as “Conditional Use Permit No. 2994”) to permit an expansion to the private school with waivers of minimum structural setback and minimum number of parking spaces (herein referred to as the "1988 Amendment"); and WHEREAS, the Planning Commission did receive a verified petition to further amend Original CUP 138 (designated as "Conditional Use Permit No. 138A") to permit a new preschool and relocate the existing Kindergarten through eighth grade students within the existing Fairmont Private School campus located at 1557 West Mable Street; and WHEREAS, on August 10, 1999, and subject to certain conditions of approval, the City Council, by its Resolution No. 99R-175, did approve Conditional Use Permit No. 4075 (the "Original CUP 4075") to permit the conversion of an existing 14,775 square foot industrial building into a private elementary and junior high school with waiver of minimum number of parking spaces for a period of 20 years, to expire on March 1, 2019, for the property at 1575 West Mable Street in the City of Anaheim (the “1575 Property”), which is also generally depicted on the map attached hereto as Exhibit A; and WHEREAS, the Planning Commission did receive a verified petition to amend Original CUP 4075 (designated as "Conditional Use Permit No. 4075A”) to modify a condition of approval related to a time limitation of the private school use and to permit and retain the existing administrative school offices located at the 1575 Property; and WHEREAS, the 1557 Property and the 1575 Property are collectively referred to herein as the "Properties" and, together, consist of approximately 6.15-acres and includes eight parcels (Assessor's Parcels Nos. 036-051-04, 250-113-06, 250-113-07, 250-113-08, 250-114-01, 250-114-06, 250-124-09 and 250-124-10). The Properties are currently developed with school classrooms, administrative offices, auditorium, gymnasium, cafeteria and storage and maintenance facilities. The Anaheim General Plan designates the Properties for “I” Industrial land uses. The Property is located in the “I” Industrial Zone and is subject to the zoning and - 2 - PC2015-*** development standards of Chapter 18.10 of the Zoning Code (the "Code"). "Educational Institutions" are permitted uses in the Industrial Zone, subject to a conditional use permit; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 14, 2015, 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 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 138A and Conditional Use Permit No. 4075A and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) 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 the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 138A and Conditional Use Permit No. 4075A, does find and determine the following: 1. An amendment to the conditional use permit is required to allow modification to conditions which did not previously allow the enrollment of preschool students because it limited the enrollment to K-8th grade students. A conditional use permit is also required for amendment to conditions of approval to modify the condition (No. 17 of PC2000-76) which terminates the use of the building on March 1, 2019, or concurrently with the lease of the property. 2. The adjoining uses to the north and east are industrial uses including warehousing, light manufacturing and metal fabrication, and general building contractors. Uses to the west include office and warehousing for lighting products and Loara Elementary school. Uses to the south include wholesale plumbing products, tutoring services, light manufacturing, and wholesale beauty supplies. The school has been in existence since 1961. The school maintains safe enclosures and separation from the surrounding uses. The proposal to include 32 preschool students is not anticipated to expand the enrollment to more than 540 students over the next several years. The preschool students will be housed on the first floor of an existing two- story building with an enclosed yard and eating area to separate them from other students. Therefore, it will not adversely affect adjoining land uses or growth and development of the area. Further, since the proposal is to utilize the existing facilities, the size and shape of the site proposed is adequate to allow full development of the proposed use in a safe manner. - 3 - PC2015-*** 3. The proposal includes the modification of the enrollment to include preschool students and to remove the time limits for the administrative building. No new construction is proposed except for a new 3-foot high fence. The size and shape of the site proposed for the use has been utilized since 1961 and 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. 4. The proposal will maintain fewer students than the allowable student body enrollment and is therefore, in conformance with the existing parking waiver and traffic analysis that was previously prepared for the school, no additional traffic is anticipated based on this proposal and therefore will not impose an undue burden upon the streets and highways designed to carry traffic in the area. 5. Overall, the proposal to include preschool students and eliminate the time limits on the administrative offices will not be detrimental to the health and safety of the citizens of Anaheim. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 138A, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 138A in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. The conditions of approval attached to this Resolution as Exhibit B hereby amend the conditions of approval which were the subject of Original CUP 138. Except as specifically amended by the conditions of approval attached to this Resolution as Exhibit B, the conditions of approval of Original CUP 138 shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the conditions of approval attached to this Resolution as Exhibit B and the conditions of approval of Original CUP 138, the conditions of approval attached to this Resolution as Exhibit B shall control and govern. Except as expressly modified in this Resolution, the conditions of approval and entitlements of Original CUP 138 shall remain in full force and effect. BE IT FURTHER RESOLVED that, with respect to Conditional Use Permit No. 138A, 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. - 4 - PC2015-*** BE IT FURTHER RESOLVED that condition No. 17 of Original CUP 4075, as set forth in City Council Resolution No. 99R-175, is hereby deleted in its entirety. Except as expressly modified in this Resolution, the conditions of approval and entitlements of Original CUP 4075 shall remain in full force and effect. 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 December 14, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 14, 2015 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2015-*** - 7 - PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NOS. 138A AND 4075A (DEV2015-00109) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1. The school shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the 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 to ensure compatibility with the surrounding uses. Planning and Building Department 2. No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Planning and Building Department, Code Enforcement Division 3. Enrollment shall not exceed six hundred ninety five (695) students consisting of preschool through eighth grade. Planning and Building Department, Code Enforcement Division 4. Any graffiti painted or marked upon the business premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied or discovered by the business owner. Planning and Building Department, Code Enforcement Division GENERAL CONDITIONS 5. All leases and subleases relating to all or any part of the subject Property shall expressly reference and be subject to all of the operational conditions of this conditional use permit. Planning and Building Department, Code Enforcement Division - 8 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6. The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 7. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 8. 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 and Building Department, Planning Services Division Jf:AIRMONT private schools Inspiring minds.Empowering dreams:" 11-16-2015 Chad Jackson Fairmont Private Schools 1575 W.MableSt. Anaheim CA 92802 Senior Planner/City of Anaheim 200S.Anaheim Blvd Suite 162 Anaheim CA 92805 Purpose ofthis Application Fairmont Private Schools is requesting an amendment to the current CUP 3596 for the purpose of consolidating32 preschool students from our CitronStreet Campusto our Mable Street Campus. The current approved use allows for upto 695 K-8 students withassociated staff. Itwould be the desire of Fairmont to have the flexibility to grow or shrink the preschool and other grades on the campus as the market dictates within the existing CUP approved maximum student count of 695 and associated staff count. Location and Existing Use The proposed use is located in existing classroom buildingson the 1557 W. Mable St. Fairmont Private SchoolsCampus. Thiscampus iscomposed ofseveral buildings including administrative offices, classrooms,library,auditorium,gym,cafeteria,restrooms,storage and maintenance. Operations The preschoolers would use existingclassrooms 13and 14 located on the North side of W. Mable St. A new fenced playground will be located adjacent to the preschool classrooms.No other physical improvements are planned. Restroom facilities are adjacent to the classrooms and will be closed to other students when in use by preschoolers as per social services requirements.Preschool facilities will be fullycontained on the North side of Mable St. and students will never need to cross Mable to the South side of the street.Two (2)teachers and two aids will be added,however students and staff numbers will be within the already approved maximum allowed by the existing CUP.The preschool hours of operation will be 7 AM to 6 PM,Monday through Friday. Drop off willbe between 7:45 AM and 8:15 PM.Pick up will be between 3 PMand 3:30 PM.Pick up and drop off willbe from the W. Mable St. main entrance. BUSINESS OFFICE Six campus locations in Anaheim. Anaheim Hills and North Tustin. 1575 W.Mable Street I Anaheim.CA 92802 T 714.765.6300 I F 714.234.2794 www.fairmontschools.com ATTACHMENT NO. 2 Other Permits Fairmontwill separately applyfor and complywithcountyand state permits and requirements associated with this use. If you needadditional information please contactChad Jackson at ciackson@fairmontschools.com or 714 234-2716. Regards, Chad/Jackson Director ofOperations Fairmont Private Schools 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. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 11 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: DECEMBER 14, 2015 SUBJECT: GENERAL PLAN AMENDMENT NO. 2015-00499 RECLASSIFICATION NO. 2015-00276 CONDITIONAL USE PERMIT NO. 2015-05780 TENTATIVE TRACT MAP NO. 17846 AND TENTATIVE TRACT MAP NO. 17992 LOCATION: 1110-1116 North Anaheim Boulevard and 115-125 West La Palma Avenue. APPLICANT/PROPERTY OWNER: The applicant is Ed Galigher representing Integral Communities and the owners are Jim Liberio representing J&JL LLC, Tom Lamb representing 1110 Anaheim LLC, Chris Granger representing Wheel Estate Partners LLC, and the City of Anaheim. REQUEST: The applicant requests approval of the following applications: 1) A General Plan Amendment to amend the land use designation of a portion of the property from Open Space to Mixed Use and to amend the General Plan Circulation Element to modify traffic circulation exhibits; 2) A Reclassification, or rezoning, of the property to establish the Mixed Use (MU) Overlay Zone; 3) A Conditional Use Permit to allow a mixed-use development with modified development standards; 4) A Tentative Tract Map to create a 152-unit residential subdivision and a Tentative Tract Map to create a 10-unit residential subdivision with ground floor commercial space. Both Tentative Tract Maps are for condominium purposes. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolutions, determining that a Mitigated Negative Declaration is the appropriate environmental documentation for this request along with Mitigation Monitoring Plan No. 325, and recommending that the City Council approve General Plan Amendment No. 2015-00499, Reclassification No. 2015-00276, Conditional Use Permit No. 2015-05780, and Tentative Tract Map Nos. 17846 and 17992. GENERAL PLAN AMENDMENT NO. 2015-00499, RECLASSIFICATION NO. 2015-00276, CONDITIONAL USE PERMIT NO. 2015-05780, TENTATIVE TRACT MAP NOS. 17846 AND 17992 December 14, 2015 Page 2 of 10 BACKGROUND: This 7-acre site is located at the northeast corner of Anaheim Boulevard and La Palma Avenue and is developed with six industrial buildings that total 67,054 square feet. Existing businesses on the site include a shipping company, a food truck company, an automotive shop/garage, and a multi-tenant retail/commercial/light industrial use. The project site also contains one acre of public right-of-way which is owned by the City of Anaheim as the Successor to the Anaheim Redevelopment Agency. This property includes parking and landscaped lawn area, a westbound right turn lane at the intersection of Anaheim Boulevard, and a triangular traffic island. The site is in the “CG” General Commercial and “I” Industrial zones and is designated for Mixed Use and Open Space land uses by the General Plan. Surrounding land uses include a towing storage yard to the north, a trucking company and landscaping contractor to the east, a retail store and La Palma Park to the west across Anaheim Boulevard, and auto repair businesses and single-family residences to the south across La Palma Avenue. PROPOSAL: The applicant proposes to construct a mixed-use project consisting of 162 single-family attached units and 922 square feet of commercial space. The residential buildings would be 3-stories in height and include 104 townhome units, 54 duplex units, and four corner flats. The residences would range in size from 1,450 to 2,542 square feet and include two or three-car garages and surface parking. A total of 446 parking spaces are required for this project and 447 spaces are proposed (333 spaces in garages, 114 uncovered surface spaces). The buildings are proposed to be 40 feet in height with a 50-foot height for the four units on the corner of La Palma Avenue and Anaheim Boulevard. As depicted in the renderings, below, the units are designed with Traditional, Colonial, and Cape Cod architectural styles. The project would also provide a common recreational area consisting of a 484 square foot recreation room and swimming pool. A detailed development summary is included as Attachment 1 to this report. GENERAL PLAN AMENDMENT NO. 2015-00499, RECLASSIFICATION NO. 2015-00276, CONDITIONAL USE PERMIT NO. 2015-05780, TENTATIVE TRACT MAP NOS. 17846 AND 17992 December 14, 2015 Page 3 of 10 The commercial space is proposed on the ground floor at the corner of Anaheim Boulevard and La Palma Avenue and is anticipated to occupied by a coffee shop or deli/bakery use. Residential units are proposed above the commercial use. The project is proposed to be developed in two phases. The first phase would consist of the majority of the development and include 152 residential units and the pool and recreation center. The second phase would consist of 10 units and the commercial space at the corner of Anaheim Boulevard and La Palma Avenue. Access to the development would be provided by two driveways; one on La Palma Avenue at the east end of the property and one on Anaheim Boulevard at the north end of the property. GENERAL PLAN AMENDMENT NO. 2015-00499, RECLASSIFICATION NO. 2015-00276, CONDITIONAL USE PERMIT NO. 2015-05780, TENTATIVE TRACT MAP NOS. 17846 AND 17992 December 14, 2015 Page 4 of 10 ANALYSIS: Following is staff’s analysis and recommendation for each requested action: General Plan Amendment: The Land Use Element of the City’s General Plan is the guide for the City’s future development. It designates the distribution and location of specific land uses and addresses the permitted densities for each land use designation. The applicant is requesting a General Plan Amendment to redesignate the 0.21-acre City-owned property at the corner of Anaheim Boulevard and La Palma Avenue from Open Space to Mixed Use land uses. The General Plan Amendment is only needed to redesignate this former Redevelopment Agency owned parcel and the proposed abandoned right-of-way as the remainder of the site is currently designated for Mixed Use land uses. The balance of the site is presently designated for Mixed Use development and the requested General Plan Amendment would achieve a consistent designation for the entire project site. An amendment is also proposed to the Circulation Element to modify maps to remove the diagonal right turn road connector from westbound La Palma Avenue to northbound Anaheim Boulevard. This segment was deleted from the Master Plan of Arterial Highways in 1992; however, it was inadvertently included in the General Plan Update in 2004. City staff identified this map error in the process of reviewing of this GENERAL PLAN AMENDMENT NO. 2015-00499, RECLASSIFICATION NO. 2015-00276, CONDITIONAL USE PERMIT NO. 2015-05780, TENTATIVE TRACT MAP NOS. 17846 AND 17992 December 14, 2015 Page 5 of 10 development proposal, and this amendment will correct the circulation map by removing this road segment in conjunction with this application. Before the Planning Commission may approve a General Plan Amendment, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) The proposed amendment maintains the internal consistency of the General Plan; 2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City; 3) The proposed amendment would maintain the balance of land uses within the City; and 4) If the amendment is to the General Plan Land Use Map, the subject property is physically suitable to accommodate the proposed modification, including but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses. The Land Use Element of the General Plan also provides the following goals which would be supported by the development of this project: o Goal 1.1: Preserve and enhance the quality and character of Anaheim’s mosaic of unique neighborhoods. o Goal 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. o Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations. o Goal 3.2: Maximize development opportunities along transportation routes. o Goal 4.1: Promote development that integrates with and minimizes impacts to surrounding land uses. o Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. Areas designated as Mixed-Use are designed to function differently from the typical patterns of individual, segregated uses. Uses and activities are designed together in an integrated fashion to create an urban environment that serves as the center of activity for the surrounding area. The density of the proposed project is 23 units to the acre and the Mixed Use designation permits up to 100 units to the acre. This designation provides opportunities for an integrated mix of residential and retail in a pedestrian-friendly environment. Continuous commercial street frontage on the first and, perhaps, second floors, supported by residential and/or office uses GENERAL PLAN AMENDMENT NO. 2015-00499, RECLASSIFICATION NO. 2015-00276, CONDITIONAL USE PERMIT NO. 2015-05780, TENTATIVE TRACT MAP NOS. 17846 AND 17992 December 14, 2015 Page 6 of 10 above, is the typical pattern of vertically mixed land use. This proposal includes a small amount of commercial space located at the corner of Anaheim Boulevard and La Palma Avenue. This commercial use would complement the new residences as well as the growing number of pedestrians visiting the dog park across the street at La Palma Park. The proposed amendment to the General Plan supports several General Plan policies intended to provide a variety of quality housing opportunities to address the City’s diverse housing needs; therefore, staff recommends approval of the General Plan Amendment. Reclassification: The project site is located in the “CG” General Commercial and “I” Industrial zones. A reclassification, or rezoning, to establish the “MU (Mixed-Use Overlay) zone to the property’s underlying zoning is requested in order to develop attached single-family homes and a commercial use. The intent of the MU Overlay Zone is to produce healthy, safe and attractive neighborhoods within the City, consistent with the policy direction in the Anaheim General Plan. The proposed zoning designation would be compatible with the surrounding light industrial uses and provide an appropriate transition from the nearby single-family detached residences to the south across La Palma Avenue, as well as implement the property’s existing and proposed Mixed Use land use designation; therefore, staff recommends approval of the rezoning request. Conditional Use Permit: Because of the unique and dynamic nature of mixed-use developments, the Zoning Code requires a conditional use permit for all mixed-use projects. The Code also provides for the modification of development standards with a conditional use permit in the MU Overlay zone. The applicant is requesting modifications from the MU Overlay zone including setbacks, location of ground floor units, minimum floor area for non-residential uses, and minimum density. Before the Planning Commission may approve the conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That 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; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. GENERAL PLAN AMENDMENT NO. 2015-00499, RECLASSIFICATION NO. 2015-00276, CONDITIONAL USE PERMIT NO. 2015-05780, TENTATIVE TRACT MAP NOS. 17846 AND 17992 December 14, 2015 Page 7 of 10 In order to encourage an active street life and promote walkability, ground floor uses facing the street are required to be used for commercial uses under the MU Overlay Zone; however, this requirement may be modified by conditional use permit. The applicant wishes to modify this standard by proposing residential uses along La Palma Avenue and Anaheim Boulevard with a commercial use located only at the corner of these two streets. The ground floor residential units will be above the street grade and include low walls for enclosed patios. The grade difference and patio separation will provide for an alternative entrance and exit to the residence other than the garage and will serve to provide pedestrian activity to the adjacent park and nearby commercial and retail on Anaheim Boulevard. The minimum density for mixed-use project is 36 dwelling units per acre. The Code also allows a decrease in density subject to a conditional use permit. This project is proposed at 23 dwelling units to the acre. Staff believes that this density is appropriate as it provides a compatible transition from the low density single-family residential properties to the south and the adjacent industrial properties to the north and east. Additionally, this property is not located in a pedestrian-oriented downtown area and there is not a broad mix of uses near this property to stimulate high density development. The minimum building setbacks for mixed-use projects may be modified in connection with a conditional use permit when it is determined that the modifications promote increased pedestrian activity, provide for a unified street frontage, ensure privacy and light for residential uses, provide for public spaces, and promote compatibility with existing development. The applicant is requesting to modify interior setbacks along the north and east property lines, street setbacks adjacent to La Palma Avenue and Anaheim Boulevard, and minimum setbacks between buildings. The project would be developed with the following setback ranges: Setback Area Proposed Setbacks Required Setbacks* Anaheim Blvd./ La Palma Ave. 0 – 20 ft. 15 ft. in the C-G zone 50 ft. in the I zone Interior property line to the north 5 - 48 ft. None Interior property line to the east 10 - 13 ft. None Between buildings 40 ft. 10 - 20 ft. * The underlying “General Commercial” and “Industrial” zone setback requirements are applied for all developments in the MU Overlay zone. The intent of the setback requirements is to ensure that adequate separation and landscaping is provided between adjacent uses and structures. The Mixed-Use zone refers back to the underlying General Commercial and Industrial zones for setback requirements. Staff believes that the request for a deviation in the street setbacks will bring the residences closer to the public streets further encouraging pedestrian activity to the local park and commercial uses, similar to the recent residential projects on South Anaheim Boulevard. Staff believes this project would be GENERAL PLAN AMENDMENT NO. 2015-00499, RECLASSIFICATION NO. 2015-00276, CONDITIONAL USE PERMIT NO. 2015-05780, TENTATIVE TRACT MAP NOS. 17846 AND 17992 December 14, 2015 Page 8 of 10 compatible with the adjacent light industrial uses because they are less intense uses, such as a storage yard and landscaping contractor business, and are not noise/sound/odor generating uses that typically would be disruptive to adjacent residences. The setbacks required between the buildings are intended to ensure privacy and light for residential uses, provide for public spaces, and promote compatibility with existing development. The applicant has designed the community with an east/west paseo for pedestrians and provided functional recreation spaces in between the buildings. Typically areas between buildings of this type include walkways and minimal landscape that serves aesthetic purposes only. The interior corridors in this project include outdoor lounge areas, fire pits, enhanced landscaping and some of the second floor units have balconies that extend over these areas. These enhancements increase the viability of the areas and promote active areas where passive uses typically occur. For these reasons, staff recommends approval of the requested conditional use permit and setback modification request. Tentative Tract Map: Before the Planning Commission may approve the tentative tract maps, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed subdivision of the Property, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Mixed Use" land use designation proposed as part of General Plan Amendment No. 2015-00499, now pending. 2) That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map Nos. 17846 and 17992, including their design and improvements, is consistent with the zoning and development standards of the "MU" Mixed Use Overlay Zone proposed as Reclassification No. 2015-00276, and the regulations contained in Chapter 18.32 Mixed Use (MU) Overlay Zone of the Code. 3) That the site is physically suitable for the type and density of the proposed project. 4) That the design of the subdivision, as shown on proposed Tentative Tract Map Nos. 17846 and 17992, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified. 5) That the design of the subdivision, as shown on proposed Tentative Tract Map Nos. 17846 and 17992, or the type of improvements is not likely to cause serious public health problems. 6) That the design of the subdivision, as shown on proposed Tentative Tract Map Nos. 17846 and 17992, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision. GENERAL PLAN AMENDMENT NO. 2015-00499, RECLASSIFICATION NO. 2015-00276, CONDITIONAL USE PERMIT NO. 2015-05780, TENTATIVE TRACT MAP NOS. 17846 AND 17992 December 14, 2015 Page 9 of 10 The project includes two tentative tract maps to accommodate two project phases. Tentative Tract Map No. 17846 is for 152 condominium units and Tentative Tract Map No. 17992 is for 10 condominium units and the commercial unit. The smaller of the maps includes 0.42 acres located at the corner of Anaheim Boulevard and La Palma Avenue, and the larger map encompasses the remainder of the property. The purpose for the two maps is because a portion of the proposed project area was previously owned by the City’s former Redevelopment Agency and, following the dissolution of the Redevelopment Agency, is now owned by the City of Anaheim, as the Successor Agency to the Anaheim Redevelopment Agency. This portion is at the corner of Anaheim Boulevard and La Palma Avenue. The State Department of Finance ("DOF") must first approve the Successor Agency's Long Range Property Management Plan ("LRPMP") before the Successor Agency can convey any of its real property to either the City or to any private party. This restriction will be somewhat relaxed beginning January 1, 2016 although DOF approval would still be required absent an approved LRPMP. Staff of the Successor Agency cannot estimate when the DOF might approve the Successor Agency's LRPMP or approve any other particular transfer after January 1, 2016. Because of the uncertainty involving timing of DOF's approvals, the applicant proposes two project phases, under two separate tract maps, to enable them to move forward with the first development phase of the project. This design includes creating a separate map of the Successor Agency property, which contains the 10 condominium units and the commercial area. This design will allow the applicant to move forward with the grading and construction of the first phase and proceed with the second phase after the DOF approves the LRPMP. Without separating this area from the project, the applicant could wait several months or longer to begin construction activities on phase two. Conditions of approval have been included in each of the resolutions for the tentative tract maps that require the applicant to enter into an agreement with the Successor Agency that will allow the applicant access to the Successor Agency parcels. A condition is also included that will allow the City to exercise an option that will require the applicant to purchase the Successor Agency parcels at fair market value upon availability from the DOF. If the Successor Agency is unable to convey the property to the City, the phase one portion of the project is designed to be successful and stand alone as a 152-unit project. The proposed density of 23 dwelling units per acre is permitted under the Mixed Use land use designation which allows up to 100 dwelling units per acre. The tract map complies with all applicable regulations and is consistent with the density allowed under the proposed General Plan designation. In addition, the project is not likely to cause substantial environmental damage and will not conflict with easements acquired by the public. Therefore, staff recommends approval of both tentative tract map requests. Environmental Impact Analysis: An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared to evaluate the environmental impacts of the project and to identify necessary mitigation. The IS/MND was posted at the County Clerk and circulated to public agencies and interested parties on November 19, 2015, for a 20-day comment period. No comment letters were received in response to this circulation. Mitigation measures have been identified in the IS/MND and are included in the draft resolutions and Mitigation Monitoring GENERAL PLAN AMENDMENT NO. 2015-00499, RECLASSIFICATION NO. 2015-00276, CONDITIONAL USE PERMIT NO. 2015-05780, TENTATIVE TRACT MAP NOS. 17846 AND 17992 December 14, 2015 Page 10 of 10 Program No. 325 attached to this report. With implementation of these measures, project impacts will be reduced to a level considered less than significant and the IS/MND concluded that there are no remaining potentially significant adverse impacts related to the project. CONCLUSION: Staff has carefully considered and reviewed this proposal and believes the proposed project is designed in a manner that will provide a quality living environment for its future residents and is compatible with the surrounding land uses. In addition, the proposed project meets the goal to continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. Staff recommends approval of the proposed request. Prepared by, Submitted by, G. Scott Koehm Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Development Summary 2. Draft General Plan Amendment Resolution 3. Draft Reclassification Resolution 4. Draft Conditional Use Permit Resolution 5. Draft Tentative Tract Map No. 17846 Resolution 6. Draft Tentative Tract Map No. 17992 Resolution 7. Draft Mitigated Negative Declaration Resolution 8. Initial Study and Mitigated Negative Declaration is available at: http://www.anaheim.net/DocumentCenter/View/10024 9. Mitigation Monitoring Program No. 325 10. Applicant’s Letter of Operation 11. Site Photographs 12. Complete Plan Set C-GRETAIL IINDUSTRIAL IVACANT IINDUSTRIAL C-GINDUSTRIAL IINDUSTRIAL R M -4SFRRM-42PLE X R S -3DUPLE X R S - 3 S I N G L E F A M I L Y R E S I D E N C E TLA PALMA PARK& STADIUM C -GRETA I L C -GRETA I L C -GMEDIC A L O F F I C E C -GAUT O R E P A I R / S E R V I C E C -GRETA I L R M -3RETA I L R M -3 D U P L E X C -GAUT O R E P A I R / S E R V I C E C -GSING L E F A M I L Y R E S I D E N C E R M -3OFFIC E S R M -3 M E D O F F . R M -3 A P T S 9 D U R M -3 A P T S 5 D U IINDUSTRIAL C-G RETAILRM-4RETAIL C-G RETAIL C-GCOLUMBUS CLUB OF ANAHEIM T TRIPLEX C-G RETAIL C-GRETAIL N C L A U D I N A S T N Z E Y N S T N L E M O N S T N LA PALMA PARK WAY E LA PALMA AVEW LA PALMA AVE N A N A H E I M B L V D N A N A H E I M B L V D N A N A H E I M B L V D N . E A S T S T W. LA PALMA AVE E. LA PALMA AVE N . A C A C I A S T E. LIN COLN AV E N . H A R B O R B L V D1110-1116 North Anaheim Boulevard &115-125 West La Palma Avenue DEV No. 2014-00095 Subject Property APN: 267-151-02267-152-07267-151-11267-152-04267-151-09267-151-08267-151-06267-151-01267-151-10267-152-05267-152-06 °0 50 100 Feet Aerial Photo:May 2014 N C L A U D I N A S T N Z E Y N S T N L E M O N S T N LA PALMA PARK WAY E LA PALMA AVEW LA PALMA AVE N A N A H E I M B L V D N A N A H E I M B L V D N A N A H E I M B L V D N . E A S T S T W. LA PALMA AVE E. LA PALMA AVE N . A C A C I A S T E. LIN COLN AV E N . H A R B O R B L V D1110-1116 North Anaheim Boulevard &115-125 West La Palma Avenue DEV No. 2014-00095 Subject Property APN: 267-151-02267-152-07267-151-11267-152-04267-151-09267-151-08267-151-06267-151-01267-151-10267-152-05267-152-06 °0 50 100 Feet Aerial Photo:May 2014 ATTACHMENT NO. 1 DEVELOPMENT SUMMARY Development Standard Proposed Project MU Overlay Standards Site Area 7 acres 3 acres Density 23 du/ac 36 du/ac min.* Floor Area 1,450 – 2,307 square feet 550 – 1,000 sq. ft. minimum Street Setback 0 – 20 feet 15 - 50* Interior Property Lines Setback 5 - 10 feet 20 feet* Setbacks Between Buildings 10 - 20 feet 40 feet* Building Height 40 – 50 feet 75 feet Parking 447 spaces 446 spaces Recreation-Leisure Area 32,200 square feet 67,688 square feet *May be modified by CUP [DRAFT] ATTACHMENT NO. 2 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVE AND ADOPT PROPOSED GENERAL PLAN AMENDMENT NO. 2015-00499 (DEV2014-00095) (1110-1116 NORTH ANAHEIM BOULEVARD AND 115-125 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for an amendment to the Land Use Element and Circulation Element of the General Plan ("General Plan Amendment No. 2015-00499") for certain real property commonly known as 1110-1116 North Anaheim Boulevard and 115-125 West La Palma 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"), for the purpose of allowing the applicant to construct 162 single- family attached condominium units and 922 square feet of commercial space (the "Project"); and WHEREAS, the Property is approximately 7 acres in size and is located, in part, in the "I" Industrial Zone, which is a zone under the Zoning Code that “provide[s] for and encourage[s] the development of industrial uses and their related facilities, recognize[s] the unique and valuable existing industrial land resources, and encourage[s] industrial employment opportunities within the City”, and, in part, in the “CG” General Commercial Zone, which is a zone under the Zoning Code that "allow[s] a variety of land uses including some identified for the Neighborhood Center Commercial Zone . . .". The Property is designated on the Land Use Element of the General Plan for "Mixed Use" and “Open Space” uses; and WHEREAS, General Plan Amendment No. 2015-00499 proposes to (1) amend "Figure LU-4: Land Use Plan” of the Land Use Element of the Anaheim General Plan to re-designate those portions of the Property designated as "Open Space" to "Mixed Use" land uses so that the entirety of the Property will be designated for "Mixed Use" land uses, and (2) Figures C- 1, C-5, and C-6 of the Circulation Element of the Anaheim General Plan to remove the right turn road connector from westbound La Palma Avenue to northbound Anaheim Boulevard; and WHEREAS, General Plan Amendment No. 2015-00499 is proposed in conjunction with a request (i) to establish the Mixed Use (MU) Overlay Zone on the Property, which will define the allowable land uses and property development standards for the Property in accordance with Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"), , which reclassification is designated as "Reclassification No. 2015-00276", (ii) for approval of a conditional use permit to permit a 162- unit, attached single-family mixed-use project and 922 square feet of commercial space with modified development standards, which is designated as "Conditional Use Permit No. 2015- 05780", (iii) for approval of a tentative tract map to permit a 152-lot single-family attached residential subdivision of a portion of the Property, which is designated as "Tentative Tract Map No. 17846", and (iv) for approval of a tentative tract map to permit a 10-lot single-family - 2 - PC2015-*** attached residential subdivision with 922 square feet of commercial space for a portion of the Property, which is designated as "Tentative Tract Map No. 17992". General Plan Amendment No. 2015-00499, Reclassification No. 2015-00276, Conditional Use Permit No. 2015-05780, Tentative Tract Map No. 17846, Tentative Tract Map No. 17992, and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMP No. 325"). A complete copy of MMP No. 325 is on file and can be viewed in the Planning Services Division of the City; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on December 14, 2015, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to consider the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project and related actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and determined and recommended that the City Council also find and determine that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 325 and that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 325; and WHEREAS, the Planning Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find: - 3 - PC2015-*** 1. That proposed General Plan Amendment No. 2015-00499 maintains the internal consistency of the General Plan, as the proposed modifications to the General Plan are consistent with Goals 1.1, 2.1, 3.1, 3.2, 4.1 and 6.1 of the Land Use Element of the General Plan to preserve and enhance the quality and character of Anaheim’s mosaic of unique neighborhoods, to continue to provide a variety of quality housing opportunities, to address the City’s diverse housing needs, and to promote development that integrates with and minimizes impacts to surrounding neighborhoods. 2. That proposed General Plan Amendment No. 2015-00499 would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to the Anaheim General Plan would result in residential development opportunities. 3. That proposed General Plan Amendment No. 2015-00499 would maintain the balance of land uses within the City because the proposed amendment would provide quality housing opportunities to address the City’s diverse housing needs and would be consistent with the existing Mixed Use designation for the adjacent property to the north. 4. That the Property to be re-designated by proposed General Plan Amendment No. 2015-00499 is physically suitable to accommodate the proposed modification, including but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses because the project is designed to integrate into the surrounding neighborhood. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council of the City of Anaheim approve and adopt General Plan Amendment No. 2015-00499 in the form attached hereto as Exhibit B, contingent upon and subject to the adoption of an ordinance establishing the Mixed Use (MU) Overlay Zone on the Property, in accordance with Reclassification No. 2015-00276, now pending. - 4 - PC2015-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** EXHIBIT “A” §¨5 §¨5 |57 |91 |91 |57 |55 B E A C H B O U L E V A R D M A G N O L I A A V E N U E K N O T T A V E N U E B R O O K H U R S T S T R E E T E U C L I D S T R E E T H A S T E R S T R E E T K R A E M E R B L V D . T U S T I N A V E N U E LA PALMAAVENUE LINCOLNAVENUE BALLROAD KATELLAAVENUE CHAPMANAVENUE S T . C O L L E G E B L V D . H A R B O R B L V D . B E A C H B O U L E V A R D W E S T S T R E E T M A G N O L I A A V E N U E K N O T T A V E N U E ORANGETHORPEAVENUE B R O O K H U R S T S T R E E T E U C L I D S T R E E T H A R B O R B L V D . E A S T S T R E E T S T . C O L L E G E B O U L E V A R D W E S T E R N A V E N U E W E S T E R N A V E N U E D A L E A V E N U E D A L E A V E N U E G I L B E R T S T R E E T CRESCENTAVENUE ORANGEAVENUE CERRITOSAVENUE ORANGEWOODAVENUE N I N T H S T R E E T L E W I S S T R E E T A C A C I A S T R E E T A N A H E I M B O U L E V A R D G I L B E R T S T R E E T N U T W O O D S T R E E T B L U E G U M S T R E E T B L U E G U M S T R E E T T U S T I N A V E N U E G L A S S E L L S T R E E T BROADWAY ! General Plan Amendment No. 2015-00499Vicinity Location MapFigure 1 3619 . Subject Property Location! LA PALMA AVE A N A H E I M B L V D Industrial Residential-Low Residential-LowMedium Residential-LowMedium Residential-Low Parks MixedUse 3619 N Existing General Plan Land Use Designation: Open Space Proposed General Plan Land Use Designation: Mixed Use General Plan Amendment No. 2015-00499Land Use Element - Figure LU-4: Land Use Plan Exhibit A LA PALMA AVE A N A H E I M B L V D Residential - Low Parks Residential- LowMediumResidential -Low Medium MixedUse Industrial N 3619 ProposedLand Use Designation M I L L S D R L E M O N S T D I C K E L S T L A V E R N E S T C L E M E N T I N E S T Z E Y N S T L A V E R N E S T LA PALMA PARK WAY E M I L Y S T P A T T S T K E M P S T CARL KARCHER WAY C L A U D I N A S T P A T T S T LA PALMA AVE A N A H E I M B L V D A N A H E I M B L V D Residential- Low Parks Residential- LowMedium Residential- LowMedium MixedUse Industrial Residential- Medium BY RESOLUTION NO. ______________________________OF THE ANAHEIM PLANNING COMMISSION ___________ Date _________________________________________________Commission Chairman _________________________________________________Commission Secretary BY RESOLUTION NUMBER NO. ______________________OF THE ANAHEIM CITY COUNCIL ____________________ Date_________________________________________________ _________________________________________________ APPROVEDDISAPPROVED APPROVEDDISAPPROVED 0 200 400100 Feet G.P. AMENDMENT 2015-00499 EXHIBIT A CITY OF ANAHEIMDecember 14, 2015o LA PALMA AVE A N A H E I M B L V D 3619 N Existing General Plan Planned Roadway Network Figure C-1 Proposed General Plan Planned Roadway Network Figure C-1 General Plan Amendment No. 2015-00499Circulation Element - Figure C-1: Planned Roadway Network Exhibit A LA PALMA AVE A N A H E I M B L V D N Secondary ArterialPrimary Arterial Secondary ArterialPrimary Arterial LA PALMA AVE A N A H E I M B L V D 3619 N Existing General Plan Existing and Proposed Bicycle Facilities Figure C-5 Proposed General Plan Existing and Proposed Bicycle Facilities Figure C-5 General Plan Amendment No. 2015-00499Circulation Element - Figure C-5: Existing and Proposed Bicycle Facilities Exhibit A LA PALMA AVE A N A H E I M B L V D N Proposed 2nd PriorityClass II Bikeway Proposed 2nd PriorityClass II Bikeway LA PALMA AVE A N A H E I M B L V D 3619 N Existing General Plan Truck Routes Figure C-6 Proposed General Plan Truck Routes Figure C-6 General Plan Amendment No. 2015-00499Circulation Element - Figure C-6: Truck Routes Exhibit A LA PALMA AVE A N A H E I M B L V D N [DRAFT] ATTACHMENT NO. 3 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING CITY COUNCIL APPROVAL OF RECLASSIFICATION NO. 2015-00276 (DEV2014-00095) (1110-1116 NORTH ANAHEIM BOULEVARD AND 115-125 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to rezone or reclassify that certain real property located at 1110-1116 North Anaheim Boulevard and 115-125 West La Palma 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") by establishing the Mixed Use (MU) Overlay) Zone on the Property, which will define the allowable land uses and property development standards for the Property in accordance with Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code") and which reclassification is designated as "Reclassification No. 2015-00276". Reclassification No. 2015-00276 is proposed in conjunction with General Plan Amendment No. 2015-00499, Conditional Use Permit No. 2015-05780, Tentative Tract Map No. 17846, and Tentative Tract Map No. 17992, now pending, all of which, if approved, will allow the applicant to construct 162 single-family attached condominium units and 922 square feet of commercial space (herein referred to as the “Project”). Reclassification No. 2015-00276 is proposed in conjunction with General Plan Amendment No. 2015-00499, Conditional Use Permit No. 2015-05780, Tentative Tract Map No. 17846, and Tentative Tract Map No. 17992, together with the Project, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 7 acres in size and is located, in part, in the "I" Industrial Zone, which is a zone under the Zoning Code that “provide[s] for and encourage[s] the development of industrial uses and their related facilities, recognize[s] the unique and valuable existing industrial land resources, and encourage[s] industrial employment opportunities within the City”, and, in part, in the “CG” General Commercial Zone, which is a zone under the Zoning Code that "allow[s] a variety of land uses including some identified for the Neighborhood Center Commercial Zone". The Property is designated on the Land Use Element of the General Plan for "Mixed Use" and “Open Space” uses; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to evaluate the physical environmental impacts of the Proposed Project; and - 2 - PC2015-*** WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 325") has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 14, 2015 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 (the "Code"), to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and determined and recommended that the City Council also find and determine that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 325 and that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 325; and WHEREAS, the Planning Commission, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Reclassification of the Property into the Mixed Use (MU) Overlay Zone is consistent with the existing Mixed Use land use designation on a portion of the Property, and also as proposed for a portion of the Property by General Plan Amendment No. 2015-00499, now pending; 2. The proposed reclassification of the Property is necessary and/or desirable for the orderly and proper development of the Property and is compatible with the surrounding land uses. 3. The proposed reclassification of the Property does properly relate to the zone and permitted uses established in close proximity to the Property and to the zones and their permitted uses generally established throughout the community. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 3 - PC2015-*** NOW, THEREFORE, BE IT RESOLVED that, on the basis of the above findings and determinations, the Planning Commission does hereby recommend that the City Council approve Reclassification No. 2015-0026 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the Mixed Use (MU) Overlay Zone and recommends that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00276, contingent upon and subject to the approval and adoption by the City Council of proposed General Plan Amendment No. 2015- 00499, now pending. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 2015. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-*** [DRAFT] ATTACHMENT NO. 4 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVE AND ADOPT PROPOSED CONDITIONAL USE PERMIT NO. 2015-05780 (DEV2014-00095) (1110-1116 NORTH ANAHEIM BOULEVARD AND 115-125 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for (i) Conditional Use Permit No. 2015-05780 to construct 162 single-family attached condominium units and 922 square feet of commercial space (the "Project") with modified development standards for that certain real property located at 1110-1116 North Anaheim Boulevard and 115-125 West La Palma 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 is approximately 7 acres in size and is located in the "I" Industrial Zone, which is a zone under the Zoning Code that “provide[s] for and encourage[s] the development of industrial uses and their related facilities, recognize[s] the unique and valuable existing industrial land resources, and encourage[s] industrial employment opportunities within the City”, and also in the “CG” General Commercial Zone, which is a zone under the Zoning Code that "allow[s] a variety of land uses including some identified for the Neighborhood Center Commercial Zone". The Property is designated on the Land Use Element of the General Plan for "Mixed Use" and “Open Space” uses; and WHEREAS, Conditional Use Permit No. 2015-05780 is proposed in conjunction with (i) a request to amend "Figure LU-4: Land Use Plan” of the Land Use Element of the Anaheim General Plan to re-designate those portions of the Property designated thereon as "Open Space" to "Mixed Use" land uses so that the entirety of the Property will be designated for "Mixed Use" land uses, and to amend Figures C-1, C-5, and C-6 of the Circulation Element to remove the right-turn road connector from westbound La Palma Avenue to northbound Anaheim Boulevard, which amendment to the General Plan is designated as "General Plan Amendment No. 2015-00499", (ii) a request to establish the Mixed Use (MU) Overlay Zone on the Property, which will define the allowable land uses and property development standards for the Property in accordance with Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"), which reclassification is designated as "Reclassification No. 2015-00276", (iii) a request for approval of a tentative tract map to permit a 152-lot single- family attached residential subdivision of a portion of the Property, which is designated as "Tentative Tract Map No. 17846", and (iv) for approval of a tentative tract map to permit a 10-lot single-family attached residential subdivision of a portion of the Property, including 922 square feet of commercial space of the Property, which is designated as "Tentative Tract Map No. 17992". General Plan Amendment No. 2015-00499, Reclassification No. 2015-00276, Conditional Use Permit No. 2015-05780, Tentative Tract Map No. 17846, Tentative Tract Map No. 17992 and the Project shall be referred to herein collectively as the “Proposed Project”; and - 2 - PC2015-*** WHEREAS, all mixed-use development within the Mixed Use (MU) Overlay Zone is subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .120 of Section 18.32.030 (Uses). Pursuant to subsection .070 of Section 18.32.030 (Uses) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Code, the ground floor of units facing the street are required to be used for commercial uses, which may include the non-residential portion of live/work units; provided, however, that this requirement may be modified by conditional use permit. If approved, Conditional Use Permit No. 2015-05780 will permit all but one of the ground floor units facing the streets to be residential; and WHEREAS, pursuant to Section 18.32.040 (Site Area and Floor Ratio) of Chapter 18.32 (Mixed Use (MU) Overlay Zone), the minimum density of a mixed use project must be 36 units to the acre, or as determined by conditional use permit. If approved, Conditional Use Permit No. 2015-05780 will permit a density of 23 units to the acre; and WHEREAS, pursuant to subsection .020 of Section 18.32.070 (Building Setbacks) of Chapter 18.32 (Mixed Use (MU) Overlay Zone), the setbacks may be determined by conditional use permit. If approved, Conditional Use Permit No. 2015-05780 will establish the minimum setback requirements for streets, interior property lines and between buildings; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to evaluate the physical environmental impacts of the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 325") has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 14, 2015 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 and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and - 3 - PC2015-*** WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and determined and recommended that the City Council also find and determine that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 325 and that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 325; and WHEREAS, pursuant to Subsection .120 of Section 18.32.030 (Uses) of Chapter 18.32 (Mixed Use (MU) Overlay Zone), the Planning Commission, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, including the plans submitted by the applicant, does hereby find and determine the following facts with respect to Conditional Use Permit No. 2015-05780: 1. That the proposed Project is properly one for which a conditional use permit is authorized by this Code; 2. That the proposed uses will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3. That the size and shape of the site proposed for the uses is adequate to allow the full development of the proposed uses, in a manner not detrimental to either the particular area or health and safety; 4. That the traffic generated by the proposed uses will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 4 - PC2015-*** NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council of the City of Anaheim approve and adopt Conditional Use Permit No. 2015-05780, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2015-00499, (ii) an ordinance authorizing an amendment to the Zoning Map to establish the Mixed Use (MU) Overlay Zone on the Property under Reclassification No. 2015-00276, (iii) a resolution approving Tentative Tract Map No. 17846, and (iv) a resolution approving Tentative Tract Map No. 17992 all of which entitlements are now pending; (2) the mitigation measures set forth in MMP No. 325, and (3) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2015-*** - 7 - PC2015-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05780 (DEV2014-00095) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 AQ-1 The construction contractor(s) shall use equipment that meets the United States Environmental Protection Agency (EPA) Certified Tier 3 off-road emissions standards for off-road diesel-powered construction equipment greater than 50 horsepower utilized for demolition activities. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine, as defined by California Air Resources Board (CARB) regulations. Prior to construction, the project engineer shall ensure that all construction management plans clearly show the requirement for EPA Tier 3 or higher emissions standards for construction equipment over 50 horsepower used for demolition activities. During construction, the construction contractor shall maintain a list of all operating equipment in use on the project site for verification by the Building Division Official or their designee. The construction equipment list shall state the makes, models, and numbers of construction equipment onsite. Equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations. Construction contractors shall also ensure that all nonessential idling of all construction equipment is restricted to five minutes or less, in compliance with CARB’s Rule 2449. Planning Department, Planning Services Division 2 HAZ-1 Prior to issuance of a grading permit, the project applicant/developer shall ensure that all soil sample results from ASTM Phase I Environmental Site Assessment and Limited Phase II Assessment, La Palma Project, dated December 17, 2014, from Haley & Aldrich, are submitted to the appropriate agency (i.e., Orange County Health Care Agency, Department of Toxic Substances and Control, or the Regional Water Quality Board) for review and coordination. With their oversight additional environmental site assessment would be completed and a determination shall be made as to whether a cleanup is required. Cleanup activities would be consistent with all applicable State and local rules, regulations, and laws. A cleanup would not be considered complete until confirmatory samples of soil and/or groundwater reveal levels of contamination below the standards established by the oversight agency. In conjunction with the additional site assessment, a risk assessment may be prepared for the site to determine that there are no human or environmental risks associated with leaving contamination below specific levels in place. Construction in the impacted area shall not proceed until a “no further action” clearance letter or similar determination is issued by the oversight agency and provided to the City of Anaheim, or until a land use covenant is implemented. Anaheim Fire & Rescue; Planning Department, Planning Services Division - 8 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 3 PALEO-1 Prior to the beginning of ground disturbances, the project applicant/developer shall retain a qualified paleontologist to monitor ground-disturbing activities that occur in older Quaternary deposits, which could occur five feet below ground surface. Before ground-disturbing activities begin, a qualified paleontologist shall prepare a monitoring plan, specifying the frequency, duration, and methods of monitoring. The paleontologist shall train construction workers regarding types of paleontological resources that could be identified in the project site sediments. Sediment samples shall be collected and processed to determine the small fossil potential in the project site, and any fossils recovered during mitigation should be deposited in an accredited and permanent scientific institution. Public Works Department, Development Services Division; Planning Department, Planning Services Division 4 Prior to issuance of the grading permit and right-of-way construction permit for the storm drain and sewer, whichever occurs first, a Save Harmless agreement in-lieu of an Encroachment Agreement is required to be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. The sanitary sewer and storm drains for this development shall be privately maintained. Public Works Department, Development Services Division 5 The applicant shall submit to the Public Works Development Services Division for review and approval a Water Quality Management Plan that conforms with current Orange County Guidelines and Requirements as well as the City’s WQMP Review Checklist. Public Works Department, Development Services Division 6 That the developer/owner shall submit a set of improvement plans for Public Utilities Department Water Engineering Division review and approval in determining the conditions necessary for providing water service to the project. Public Utilities, Water Engineering Division 7 Prior to final map approval and prior to issuance of a grading permit, the portions of public right-of-way including “Old Anaheim Blvd” “New Anaheim Blvd” and “Zeyn” within the tentative tract map boundary shall be abandoned. The legal property owner shall submit an abandonment application to Public Works for review. The abandonment will be subject to approval by the Anaheim City Council. Public Works Department, Development Services Division PRIOR TO THE ISSUANCE OF BUILDING PERMITS 8 TRANS-1 Prior to issuance of building permits, the property owner/developer shall pay an appropriate fair share to install a traffic signal at the intersection of Anaheim Boulevard and Carl Karcher Way. The fair share shall not exceed 60 percent of the total improvement cost, as identified in the Anaheim Boulevard & La Palma Avenue Development Transportation Impact Analysis, Fehr and Peers, July 2015. The City of Anaheim shall identify the timing and funding mechanism for the full traffic signal improvement at the intersection of Anaheim Boulevard and Carl Karcher Way. Public Works Department, Traffic and Transportation Division - 9 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 TRANS-2 Prior to issuance of building permits, the property owner/developer shall pay an appropriate fair share to add a northbound through lane at the intersection of Harbor Boulevard and La Palma Avenue. The fair share shall not exceed 9 percent of the total improvement cost, as identified in the Anaheim Boulevard & La Palma Avenue Development Transportation Impact Analysis, Fehr and Peers, August 2015. The City of Anaheim shall identify the timing and funding mechanism for the full traffic signal improvement at the intersection of Harbor Boulevard and La Palma Avenue. Public Works Department, Traffic and Transportation Division 10 TRANS-3 Prior to issuance of building permits, the project owner/developer shall coordinate with Orange County Transportation Authority (OCTA) and the City of Anaheim to relocate the bus stops on the north and south sides of La Palma Avenue between Anaheim Boulevard East and Anaheim Boulevard West, if deemed necessary. The City of Anaheim and OCTA will identify the timing, specifications, and funding mechanism for this improvement. Public Works Department, Traffic and Transportation Division 11 That curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works Department, Traffic and Transportation Division 12 Plans shall be submitted showing stop control for the northwestern internal intersection. A stop sign shall be installed and stop legend shall be painted on the driveway in the northbound direction at the east/west drive prior to final building and zoning inspection. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works Department, Traffic and Transportation Division 13 Street improvement plans shall be submitted for all traffic related improvements adjacent to the project site to the Public Works Department, Development Services Division for review and approval. These plans will show both sides of all streets adjacent to the property, including all driveways and utility installations, traffic signal modifications, signing and striping. All improvements shall be installed and completed prior to the first final building and zoning inspection. Public Works Department, Traffic and Transportation Division 14 A bond shall be posted for all traffic related street improvements, including, but not limited to, traffic signals, directional signage, striping, and median islands as required for said project. All improvements identified as required for the project opening shall be completed prior to final building and zoning inspection. Public Works Department, Traffic and Transportation Division 15 Prior to issuance of building permits, except model homes, all final maps shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. Public Works Department, Development Services Division 16 Street improvement plans shall be submitted for the required vehicle sign bridge mitigation measure, as described in the Traffic Impact Analysis. Two sign bridges shall be provided, one on the northbound and one on the southbound Anaheim Blvd approaches to La Palma Ave. The sign bridge shall be designed to the satisfaction of the City Engineer. Public Works Department, Traffic and Transportation Division - 10 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 17 The applicable Citywide Traffic Impact Fee or Fair Share Contribution, whichever is greater, shall be paid to the City of Anaheim, in an amount established by the City Council Ordinance/Resolution at the issuance of a building permit. The Fair Share Contribution shall be based off the approved Traffic Impact Study. This fee will be used to fund traffic and transportation improvements within the area impacted by this project. Public Works Department, Traffic and Transportation Division 18 That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. Public Utilities, Water Engineering Division 19 That all requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering Division 20 All existing water services and fire services shall conform to current Water Services Standard Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities, Water Engineering Division 21 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 mains and 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 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. Public Utilities, Water Engineering Division 22 That the developer/owner shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering Division review and approval. The master plan shall Public Utilities, Water Engineering Division - 11 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. 23 That the developer/owner shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. Public Utilities, Water Engineering Division 24 That water improvement plans shall be submitted to the Public Utilities Department Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. Public Utilities, Water Engineering Division PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 25 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 and Transportation Division 26 All required site WQMP items shall be inspected and operational. Public Works Department, Development Services Division 27 All required public improvements shall be constructed prior to final building and zoning inspections. Public Works Department, Development Services Division ON-GOING DURING PROJECT GRADING, CONSTRUCTION AND OPERATIONS 28 HAZ-2 Ongoing during project demolition and construction, in the event of hazardous waste, including asbestos containing material, is discovered during site preparation or construction, the project applicant/developer shall ensure that the identified hazardous waste and/or hazardous material are handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division, 20, Chapter 6.5), and according to the requirements of the California Administrative Code, Title 30, Chapter 22. Southern California Air Quality Management District; Public Works Department 29 Gates shall not be installed across any of the private streets. Public Works Department, Traffic and Transportation Division 30 The Owner shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right-of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, Public Utilities, Water Engineering Division - 12 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master C, C & R's for the project GENERAL 31 A minimum of two connections to public water mains and water looping inside the project are required. Public Utilities, Water Engineering Division 32 The following minimum horizontal clearances shall be maintained between proposed water main and other facilities: • 10-feet minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals • 5-feet minimum separation from all other utilities, including storm drains, gas, and electric • 6-feet minimum separation from curb face Public Utilities, Water Engineering Division 33 No public water main or public water facilities shall be installed in private alleys or paseo areas. Public Utilities, Water Engineering Division 34 No public water mains or laterals allowed under parking stalls or parking lots. Public Utilities, Water Engineering Division 35 All fire services 2-inch and smaller shall be metered with a UL listed meter, Hersey Residential Fire Meter with Translator Register, no equals. Public Utilities, Water Engineering Division 36 The subject 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 37 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning Department, Planning Services Division - 13 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 38 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 39 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 [DRAFT] ATTACHMENT NO. 5 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 17846 (DEV2014-00095) (1110-1116 NORTH ANAHEIM BOULEVARD AND 115-125 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the “Planning Commission”) did receive a verified petition for the approval of Tentative Tract Map No. 17846 to construct 162 single-family attached condominium units and 922 square feet of commercial space (the "Project") on a portion of that certain real property located at 1110-1116 North Anaheim Boulevard and 115-125 West La Palma 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 is approximately 7 acres in size and is located in the "I" Industrial Zone, which is a zone under the Zoning Code that “provide[s] for and encourage[s] the development of industrial uses and their related facilities, recognize[s] the unique and valuable existing industrial land resources, and encourage[s] industrial employment opportunities within the City”, and also in the “CG” General Commercial Zone, which is a zone under the Zoning Code that "allow[s] a variety of land uses including some identified for the Neighborhood Center Commercial Zone". The Property is designated on the Land Use Element of the General Plan for "Mixed Use" and “Open Space” uses; and WHEREAS, Tentative Tract Map No. 17846 is proposed in conjunction with a request (i) a request to amend "Figure LU-4: Land Use Plan” of the Land Use Element of the Anaheim General Plan to re-designate those portions of the Property designated thereon as "Open Space" to "Mixed Use" land uses so that the entirety of the Property will be designated for "Mixed Use" land uses, and to amend Figures C-1, C-5, and C-6 of the Circulation Element to remove the right-turn road connector from westbound La Palma Avenue to northbound Anaheim Boulevard, which amendment to the General Plan is designated as "General Plan Amendment No. 2015-00499", (ii) a request to establish the Mixed Use (MU) Overlay Zone on the Property, which will define the allowable land uses and property development standards for the Property in accordance with Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"), which reclassification is designated as "Reclassification No. 2015-00276", and (iii) a request for approval of a tentative tract map to permit a 10-lot single-family attached residential subdivision with 922 square feet of commercial space on a portion of the Property, which is designated as "Tentative Tract Map No. 17992". General Plan Amendment No. 2015-00499, Reclassification No. 2015-00276, Conditional Use Permit No. 2015-05780, Tentative Tract Map No. 17846, Tentative Tract Map No. 17992, and the Project shall be referred to herein collectively as the “Proposed Project”; and - 2 - PC2015-*** WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to evaluate the physical environmental impacts of the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 325") has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 14, 2015 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 and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and determined and recommended that the City Council also find and determine that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 325 and that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 325; and WHEREAS, the Planning Commission, after due consideration, 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 to approve Tentative Tract Map No. 17846, does find and determine and recommends that the City Council so find and determine the following facts: 1. That the proposed subdivision of a portion of the Property, as shown on proposed Tentative Tract Map No. 17846, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Mixed Use" land use designation proposed as part of General Plan Amendment No. 2015-00499, now pending. 2. That the proposed subdivision of a portion of the Property, as shown on proposed Tentative Tract Map No. 17846, including its design and improvements, is consistent with the zoning and development standards of the Mixed Use (MU) Overlay Zone proposed as Reclassification No. 2015-00276, now pending. - 3 - PC2015-*** 3. That the site is physically suitable for the type and density of that portion of the Proposed Project within the boundaries of proposed Tentative Tract Map No. 17846. 4. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17846, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified. 5. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17846, or the type of improvements is not likely to cause serious public health problems. 6. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17846, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council of the City of Anaheim approve Tentative Tract Map No. 17846, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2015-00499; (ii) an ordinance authorizing an amendment to the Zoning Map to establish the Mixed Use (MU) Overlay Zone on the Property under Reclassification No. 2015-00276, and (iii) a resolution approving Conditional Use Permit No. 2015-05780, all of which entitlements are now pending; (2) the mitigation measures set forth in MMP No. 325; and (3) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete said 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 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. - 4 - PC2015-*** 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 December 14, 2015. Said Resolution is subject to the appeal provisions set forth in Section 17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** - 6 - PC2015-*** EXHIBIT “B” TENTATIVE TRACT MAP NO. 17846 (DEV2014-00095) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP 1 The Developer shall acquire in fee (or as approved by City Engineer) from the legal owner that portion of land that is in excess outside of the ultimate street right-of-way for La Palma Avenue and Anaheim Boulevard for the entire frontage of the project along these streets. Then, the legal owner shall irrevocably offer to dedicate to the City of Anaheim ultimate right-of-way easements as required by the traffic study and/or City Standard 160-A for road, public utilities and other public purposes along La Palma Avenue and Anaheim Boulevard for the entire frontage of the project along these streets. Public Works Department, Development Services Division 2 A maintenance covenant, shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit. Maintenance responsibilities shall include parkway landscaping and irrigation on Anaheim Blvd and La Palma Avenue. The maintenance covenant for Tentative Tract Map 17846 shall include provisions for annexation of Tentative Tract Map 17992 maintenance obligations into its CC&R’s . The covenants shall be recorded concurrently with their respective final map. Public Works Department, Development Services Division 3 Street improvement plans shall be submitted for all required public works improvements; including traffic signal and related improvements, striping, storm drain, sewer, landscape and irrigation improvements, in La Palma Avenue and Anaheim Blvd to the Public Works Department/Development Services. A bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney prior to final map approval. The improvements shall be constructed prior to final building and zoning inspections. Public Works Department, Development Services Division 4 The portions of public right-of-way including “Old Anaheim Blvd” “New Anaheim Blvd” and “Zeyn” within the tentative tract map boundary shall be abandoned. The legal property owner shall submit an abandonment application to Public Works for review. The abandonment will be subject to approval by the Anaheim City Council. Public Works Department, Development Services Division 5 The property owner shall reserve, on the maps, reciprocal access rights to all private streets, reciprocal access to, connectivity to, and use of all public and private utilities and temporary construction easements within the boundaries of both maps. Public Works Department, Development Services Division - 7 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 The property owner and City shall execute a Put Option, Purchase Agreement (“Agreement”) with provisions acceptable to the Director of Public Works; this Agreement will require the developer to purchase certain remnant parcels “subject to certain governmental approvals” upon the City’s exercise of the option. The Agreement is subject to approval by the Anaheim City Council. Public Works Department, Development Services Division 7 Prior to City’s execution of a Put Option, Purchase Agreement and prior to issuance of a grading permit for work to be done on land under the jurisdiction of the City of Anaheim, as Successor Agency to the Anaheim Redevelopment Agency (“Successor Agency”), the property owner and Successor Agency shall execute a Right of Entry allowing entry upon the Successor Agency’s property adjacent to the project site with provisions acceptable to Successor Agency’s Executive Director. Public Works Department, Development Services Division 8 The preliminary precise alignment shall be finalized and approved by the City Engineer. Public Works Department, Development Services Division 9 The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner’s expense. Said agreement shall be submitted to the Public Works Department; Subdivision Section approved by the City Attorney and City Engineer and then shall be recorded in the Office of the Orange County Recorder. Public Works Department, Development Services Division 10 All parcels shall be assigned street addresses by the Building Division. Public Works Department, Development Services Division 11 All existing structures shall be demolished. The developer shall obtain a demolition permit from the Building Division. Public Works Department, Development Services Division - 8 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 12 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 and Building Department, Planning Services Division 13 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning and Building Department, Planning Services Division 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 and Building Department, Planning Services Division 15 The subject 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 and Building Department, Planning Services Division [DRAFT] ATTACHMENT NO. 6 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 17992 (DEV2014-00095) (1110-1116 NORTH ANAHEIM BOULEVARD AND 115-125 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the “Planning Commission”) did receive a verified petition for the approval of Tentative Tract Map No. 17992 to construct 162 single-family attached condominium units and 922 square feet of commercial space (the "Project") for that certain real property located at 1110-1116 North Anaheim Boulevard and 115-125 West La Palma 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, Tentative Tract Map No. 17992 is proposed in conjunction with a request (i) a request to amend "Figure LU-4: Land Use Plan” of the Land Use Element of the Anaheim General Plan to re-designate those portions of the Property designated as "Open Space" to "Mixed Use" land uses so that the entirety of the Property will be designated for "Mixed Use" land uses, and to amend Figures C-1, C-5, and C-6 of the Circulation Element to remove the right turn road connector from westbound La Palma Avenue to northbound Anaheim Boulevard, which amendment to the General Plan is designated as "General Plan Amendment No. 2015- 00499", (ii) a request to rezone or reclassify the Property from the "I" Industrial and “C-G” General Commercial Zones to the Mixed Use "MU" Overlay Zone, which reclassification is designated as "Reclassification No. 2015-00276", and (iii) for approval of a tentative tract map to permit a 152-lot single-family attached residential subdivision, which is designated as "Tentative Tract Map No. 17846". General Plan Amendment No. 2015-00499, Reclassification No. 2015- 00276, Conditional Use Permit No. 2015-05780, Tentative Tract Map No. 17846, Tentative Tract Map No. 17992, and the Project shall be referred to herein collectively as the “Proposed Project”; and WHEREAS, the Property is approximately 7 acres in size and is located in the "I" Industrial Zone, which is a zone under the Zoning Code that “is to provide for and encourage the development of industrial uses and their related facilities, recognize the unique and valuable existing industrial land resources, and encourage industrial employment opportunities within the City”, and also in the “CG” General Commercial Zone, which is a zone under the Zoning Code that "is to allow a variety of land uses including some identified for the Neighborhood Center Commercial Zone". The Property is designated on the Land Use Element of the General Plan for "Mixed Use" and “Open Space” uses; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2015-*** WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to evaluate the physical environmental impacts of the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 325") has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 14, 2015 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 and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and determined and recommended that the City Council also find and determine that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 325 and that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 325; and WHEREAS, the Planning Commission, after due consideration, 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 to approve Tentative Tract Map No. 17846, does find and determine and recommends that the City Council so find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17992, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Mixed Use" land use designation proposed as part of General Plan Amendment No. 2015-00499, now pending. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17992, including its design and improvements, is consistent with the zoning and development standards of the "MU" Mixed Use Overlay Zone proposed as Reclassification No. 2015-00276. 3. That the site is physically suitable for the type and density of the Proposed Project. 4. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17992, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified. - 3 - PC2015-*** 5. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17992, or the type of improvements is not likely to cause serious public health problems. 6. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17992, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council of the City of Anaheim approve Tentative Tract Map No. 17992, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2015-00499; (ii) an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "MU" Mixed Use Overlay Zone under Reclassification No. 2015-00276, (iii) a resolution approving Conditional Use Permit No. 2015-05780, and (iv) a resolution approving Tentative Tract Map No. 17846 all of which entitlements are now pending; (2) the mitigation measures set forth in MMP No. 325; and (3) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete said 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 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 - PC2015-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 2015. Said Resolution is subject to the appeal provisions set forth in Section 17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-*** - 6 - PC2015-*** EXHIBIT “B” TENTATIVE TRACT MAP NO. 17992 (DEV2014-00095) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP 1 The Developer shall acquire in fee (or as approved by City Engineer) from the legal owner that portion of land that is in excess outside of the ultimate street right-of-way for La Palma Avenue and Anaheim Boulevard for the entire frontage of the project along these streets. Then, the legal owner shall irrevocably offer to dedicate to the City of Anaheim ultimate right-of-way easements as required by the traffic study and/or City Standard 160-A for road, public utilities and other public purposes along La Palma Avenue and Anaheim Boulevard for the entire frontage of the project along these streets. Public Works Department, Development Services Division 2 A maintenance covenant, shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit. Maintenance responsibilities shall include parkway landscaping and irrigation on Anaheim Blvd and La Palma Avenue. The maintenance covenant for Tentative Tract Map 17846 shall include provisions for annexation of Tentative Tract Map 17992 maintenance obligations into its CC&R’s . The covenants shall be recorded concurrently with their respective final map. Public Works Department, Development Services Division 3 Street improvement plans shall be submitted for all required public works improvements; including traffic signal and related improvements, striping, storm drain, sewer, landscape and irrigation improvements, in La Palma Avenue and Anaheim Blvd to the Public Works Department/Development Services. A bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney prior to final map approval. The improvements shall be constructed prior to final building and zoning inspections. Public Works Department, Development Services Division 4 The portions of public right-of-way including “Old Anaheim Blvd” “New Anaheim Blvd” and “Zeyn” within the tentative tract map boundary shall be abandoned. The legal property owner shall submit an abandonment application to Public Works for review. The abandonment will be subject to approval by the Anaheim City Council. Public Works Department, Development Services Division 5 The property owner shall reserve, on the maps, reciprocal access rights to all private streets, reciprocal access to, connectivity to, and use of all public and private utilities and temporary construction easements within the boundaries of both maps. Public Works Department, Development Services Division - 7 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 The property owner and City shall execute a Put Option, Purchase Agreement (“Agreement”) with provisions acceptable to the Director of Public Works; this Agreement will require the developer to purchase certain remnant parcels “subject to certain governmental approvals” upon the City’s exercise of the option. The Agreement is subject to approval by the Anaheim City Council. Public Works Department, Development Services Division 7 Prior to City’s execution of a Put Option, Purchase Agreement and prior to issuance of a grading permit for work to be done on land under the jurisdiction of the City of Anaheim, as Successor Agency to the Anaheim Redevelopment Agency (“Successor Agency”), the property owner and Successor Agency shall execute a Right of Entry allowing entry upon the Successor Agency’s property adjacent to the project site with provisions acceptable to Successor Agency’s Executive Director. Public Works Department, Development Services Division 8 The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner’s expense. Said agreement shall be submitted to the Public Works Department; Subdivision Section approved by the City Attorney and City Engineer and then shall be recorded in the Office of the Orange County Recorder. Public Works Department, Development Services Division 9 All parcels shall be assigned street addresses by the Building Division. Public Works Department, Development Services Division 10 All existing structures shall be demolished. The developer shall obtain a demolition permit from the Building Division. Public Works Department, Development Services Division GENERAL 11 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 and Building Department, Planning Services Division - 8 - PC2015-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 12 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning and Building Department, Planning Services Division 13 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 14 The subject 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 and Building Department, Planning Services Division [DRAFT] ATTACHMENT NO. 7 - 1 - PC2015-*** RESOLUTION NO. PC2015-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVE AND ADOPT A MITIGATED NEGATIVE DECLARATION FOR PROPOSED GENERAL PLAN AMENDMENT NO. 2015-00499, RECLASSIFICATION NO. 2015-00276, CONDITIONAL USE PERMIT NO. 2015-05780, TENTATIVE TRACT MAP NO. 17846 AND TENTATIVE TRACT MAP NO. 17992 (DEV2014-00095) (1110-1116 NORTH ANAHEIM BOULEVARD AND 115-125 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for an amendment to the Land Use Element of the General Plan ("General Plan Amendment No. 2015-00499"), Reclassification No. 2015-00276, Conditional Use Permit No. 2015-05780, Tentative Tract Map No. 17846, and Tentative Tract Map No. 17992 for certain real property commonly known as 1110-1116 North Anaheim Boulevard and 115-125 West La Palma 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"), for the purpose of allowing the applicant to construct 162 single-family attached condominium units and 922 square feet of commercial space (the "Project"); and WHEREAS, the Property is approximately 7 acres in size and is located, in part, in the "I" Industrial Zone, which is a zone under the Zoning Code that “provide[s] for and encourage[s] the development of industrial uses and their related facilities, recognize[s] the unique and valuable existing industrial land resources, and encourage[s] industrial employment opportunities within the City”, and, in part, in the “CG” General Commercial Zone, which is a zone under the Zoning Code that "allow[s] a variety of land uses, including some identified for the Neighborhood Center Commercial Zone . . .". The Property is designated on the Land Use Element of the General Plan for "Mixed Use" and “Open Space” uses; and WHEREAS, General Plan Amendment No. 2015-00499 proposes to amend (1) "Figure LU-4: Land Use Plan” of the Land Use Element of the Anaheim General Plan to re- designate those portions of the Property designated as "Open Space" to "Mixed Use" land uses so that the entirety of the Property will be designated for "Mixed Use" land uses, and (2) Figures C- 1, C-5, and C-6 of the Circulation Element of the Anaheim General Plan to remove the right-turn road connector from westbound La Palma Avenue to northbound Anaheim Boulevard; and WHEREAS, Reclassification No. 2015-00276 proposes to establish the Mixed Use (MU) Overlay Zone on the Property, which will define the allowable land uses and property development standards for the Property in accordance with Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"); and - 2 - PC2015-*** WHEREAS, all mixed-use development within the Mixed Use (MU) Overlay Zone is subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .120 of Section 18.32.030 (Uses). Pursuant to subsection .070 of Section 18.32.030 (Uses), the proposed ground floor units facing the street are required to be used for commercial uses, which may include the non-residential portion of live/work units; provided, however, that this requirement may be modified by conditional use permit. If approved, Conditional Use Permit No. 2015-05780 will permit all but one of the ground floor units at the corner of La Palma Avenue and Anaheim Boulevard to be residential; and WHEREAS, pursuant to Section 18.32.040 (Site Area and Floor Ratio), the minimum density of a mixed use project must be 36 units to the acre or as otherwise determined by conditional use permit. If approved, Conditional Use Permit No. 2015-05780 will permit a density of 23 units to the acre; and WHEREAS, pursuant to subsection .020 of Section 18.32.070 (Building Setbacks), the setbacks may be determined by conditional use permit. If approved, Conditional Use Permit No. 2015-05780 will modify the minimum setback requirements for streets, interior property lines and between buildings; and WHEREAS, Tentative Tract Map No. 17846 proposes to permit the construction of a portion of the Project in accordance with the design and improvements of the subdivision, as shown on proposed Tentative Tract Map No. 17846; and WHEREAS, Tentative Tract Map No. 17992 proposes to permit the construction of a portion of the Project in accordance with the design and improvements of the subdivision, as shown on proposed Tentative Tract Map No. 17992; and WHEREAS, General Plan Amendment No. 2015-00499, Reclassification No. 2015-00276, Conditional Use Permit No. 2015-05780, Tentative Tract Map No. 17846, Tentative Tract Map No. 17992 and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20-day public/responsible agency review on November 20, 2015 and was also made available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning and Building Department of the City located on the First Floor at 200 S. Anaheim Blvd., Anaheim, California. Copies of said document are also available for purchase; and - 3 - PC2015-*** WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the State CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the State CEQA Guidelines; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMP No. 325"). A complete copy of MMP No. 325 is on file and can be viewed in the Planning and Building Department of the City; and WHEREAS, the City intends and desires to use the Mitigated Negative Declaration as the environmental documentation required by CEQA, the State CEQA Guidelines and the City's Local CEQA Procedure Manual for the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on December 14, 2015, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Code, to consider the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project and related actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 325 and the comments received to date and the responses prepared, staff finds that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to this Resolution and contained in MMP No. 325; and WHEREAS, the Planning Commission, based upon a thorough review of the Mitigated Negative Declaration and related documents and the evidence received concerning the Mitigated Negative Declaration, does find and determine as follows: 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual and, together with MMP No. 325, serves as the appropriate environmental documentation for the Proposed Project; 2. That the Planning Commission has carefully reviewed and considered the information contained in the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period) prior to acting upon the Proposed Project; and - 4 - PC2015-*** 3. Based upon the record before it (including the Initial Study and any comments received), the Planning Commission finds that the Proposed Project will have a less than significant impact upon the environment with the implementation of the mitigation measures contained in MMP No. 325 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission and the City of Anaheim. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, pursuant to the above findings and based upon a thorough review of the Mitigated Negative Declaration and the evidence received to date, does hereby recommend that the City Council carefully review and consider the information contained in the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period) prior to acting upon the Proposed Project and find and determine as follows: 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual and, together with MMP No. 325, serves as the appropriate environmental documentation for the Proposed Project; 2. Based upon the record before it (including the Initial Study and any comments received), that the Proposed Project will have a less than significant impact upon the environment with the implementation of the mitigation measures contained in MMP No. 325 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council; 3. That the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 325; and 4. Authorize and direct City staff to file with the Clerk of the County of Orange a Notice of Determination in accordance with Section 15075(a) of the State CEQA Guidelines. - 5 - PC2015-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2015-*** ATTACHMENT NO. 8 INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Due to the large file size of the documents the Initial Study and Mitigated Negative Declaration are available on the City’s website at: http://www.anaheim.net/DocumentCenter/View/10024 MITIGATION MONITORING AND REPORTING PROGRAM FOR LA PALMA VILLAGE MITIGATION MONITORING PLAN NO. 325 CEQA Action: Mitigated Negative Declaration 1. Project Description –  General Plan Amendment to change a portion of the project site’s land use designation from Open Space to Mixed Use; the remainder of the project site is already designated for Mixed Use. A General Plan Amendment to revise circulation maps in the Circulation Element to reflect the new street alignment for La Palma Avenue. (GPA2015-00499)  Reclassification of the project site to add the Mixed Use (MU) Overlay Zone to the project site’s existing Commercial General (CG) and Industrial (I) zones (RCL2015-00276).  Conditional Use Permit to allow a mixed-use project with single-family attached residential units and modification of development standards (CUP2015-05780).  Tentative Tract Map No. 17846 to establish a single residential lot with 152 condominium units.  Tentative Tract Map No. 17992 to establish a single residential lot with 10 condominium units. 2. Applicant – Integral Communities, LLC, 888 San Clemente, Suite 100, Newport Beach, CA 92660 3. Environmental Equivalent/Timing – Any Mitigation Measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed “environmental equivalent/timing” and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be borne by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City’s adopted fee schedule. 4. Timing – This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Program will occur because routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is “to be shown on approved building plans” subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 5. Responsibility for Monitoring – Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. ATTACHMENT NO. 9 6. Ongoing Mitigation Measures – The mitigation measures that are designated to occur on an ongoing basis as part of this mitigation monitoring program will be monitored in the form of an annual letter from the property owner/developer in January of each year stating how compliance with the subject measures(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored “Ongoing During Construction,” the annual letter will review those measures only while construction is occurring. Monitoring will be discontinued after construction is completed. Timing Mitigation Measure Responsible for Monitoring Completion AIR QUALITY Prior to the issuance of grading, demolition or building plans, whichever occurs first, and during construction. AQ-1 The construction contractor(s) shall use equipment that meets the United States Environmental Protection Agency (EPA) Certified Tier 3 off-road emissions standards for off-road diesel-powered construction equipment greater than 50 horsepower utilized for demolition activities. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine, as defined by California Air Resources Board (CARB) regulations. Prior to construction, the project engineer shall ensure that all construction management plans clearly show the requirement for EPA Tier 3 or higher emissions standards for construction equipment over 50 horsepower used for demolition activities. During construction, the construction contractor shall maintain a list of all operating equipment in use on the project site for verification by the Building Division Official or their designee. The construction equipment list shall state the makes, models, and numbers of construction equipment onsite. Equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations. Construction contractors shall also ensure that all nonessential idling of all construction equipment is restricted to five minutes or less, in compliance with CARB’s Rule 2449. Planning Department HAZARDS AND HAZARDOUS MATERIALS Prior to issuance of grading permits. HAZ-1 Prior to issuance of a grading permit, the project applicant/developer shall ensure that all soil sample results from ASTM Phase I Environmental Site Assessment and Limited Phase II Assessment, La Palma Project, dated December 17, 2014, from Haley & Aldrich, are submitted to the appropriate agency (i.e., Orange County Health Care Agency, Department of Toxic Substances and Control, or the Regional Water Quality Board) for review and coordination. With their oversight additional environmental site assessment would be completed and a determination shall be made as to whether a cleanup is required. Cleanup activities would be consistent with all applicable State and local rules, regulations, and laws. A cleanup would not be considered complete until confirmatory samples of soil and/or groundwater reveal levels of contamination below the standards established by the oversight agency. In conjunction with the additional site assessment, a risk assessment may be prepared for the site to determine that there are no human or environmental risks associated with leaving contamination below specific levels in place. Construction in the impacted area shall not proceed until a “no further action” clearance letter or similar determination is issued by the oversight agency and provided to the City of Anaheim, or until a land use covenant is implemented. Anaheim Fire & Rescue; Planning Department Ongoing during project demolition and construction. HAZ-2 Ongoing during project demolition and construction, in the event of hazardous waste, including asbestos containing material, is discovered during site preparation or construction, the project applicant/developer shall ensure that the identified hazardous waste and/or hazardous material are handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division, 20, Chapter 6.5), and according to the requirements of the California Administrative Code, Title 30, Chapter 22. Southern California Air Quality Management District; Public Works Department Timing Mitigation Measure Responsible for Monitoring Completion PALEONTOLOGICAL RESOURCES In conjunction with grading permit and ongoing during ground-disturbing activities. PALEO-1 Prior to the beginning of ground disturbances, the project applicant/developer shall retain a qualified paleontologist to monitor ground-disturbing activities that occur in older Quaternary deposits, which could occur five feet below ground surface. Before ground-disturbing activities begin, a qualified paleontologist shall prepare a monitoring plan, specifying the frequency, duration, and methods of monitoring. The paleontologist shall train construction workers regarding types of paleontological resources that could be identified in the project site sediments. Sediment samples shall be collected and processed to determine the small fossil potential in the project site, and any fossils recovered during mitigation should be deposited in an accredited and permanent scientific institution. Public Works Department; Planning Department NOISE Prior to issuance of building permits N-1 The applicant/developer shall seek a minor deviation from the City’s exterior noise compatibility standards (i.e., 65 dBA CNEL) since the provisions of Municipal Code Section 18.050.090.060 are satisfied. Planning Department Prior to issuance of building permits for each residential structure N-2 Prior to issuance of building permits for each residential structure within the development, a detailed acoustical study based on architectural plans shall be prepared by a qualified acoustical consultant and submitted to the City’s Planning Department, Building Division. The study will demonstrate that all residential units will meet the 45 dBA CNEL interior noise standards for habitable rooms (i.e., bedrooms, living rooms, dens, kitchens) despite exterior noise from traffic. The report shall evaluate the effects of the precise building placement and design materials used for construction. It shall describe and quantify the noise sources impacting the buildings, the amount of outdoor to indoor noise reduction provided by the structure, and any upgrades required to meet the interior noise standard. This standard must be achieved with the windows closed in conjunction with a fresh air mechanical ventilation or air conditioning system, and it may require upgraded construction methods and materials. The measures described in the report shall be incorporated into the architectural plans for the buildings and implemented with building construction. Planning Department, Building Division Timing Mitigation Measure Responsible for Monitoring Completion Prior to approval of final site plan N-3 The following enhanced building construction methods and materials must be employed to achieve an exterior-to-interior noise reduction of at least 26 dB for proposed units adjacent to Anaheim Boulevard (west) and La Palma Avenue. a) Air conditioning or mechanical ventilation b) Double-paned glass c) Solid-core doors with weather stripping and seals d) Stucco or brick veneer exterior walls or wood siding w/one-half-inch-thick Fiberboard underlayer e) Glass portions of windows/doors not to exceed 20 percent of the wall assembly f) Exterior vents facing the traffic noise sources shall be acoustically baffled g) The exterior wall assemblies as a whole (but including windows, doors, wall construction materials, and insulation) shall have a demonstrated STC rating of 30 STC or greater. Achieving this objective for exterior walls may entail the use of double interior walls or the attachment of interior sheetrock via resilient channels. Public Works Department; Planning Department, Building Division TRANSPORTATION /TRAFFIC Prior to issuance of building permits TRANS-1 Prior to issuance of building permits, the property owner/developer shall pay an appropriate fair share to install a traffic signal at the intersection of Anaheim Boulevard and Carl Karcher Way. The fair share shall not exceed 60 percent of the total improvement cost, as identified in the Anaheim Boulevard & La Palma Avenue Development Transportation Impact Analysis, Fehr and Peers, July 2015. The City of Anaheim shall identify the timing and funding mechanism for the full traffic signal improvement at the intersection of Anaheim Boulevard and Carl Karcher Way. Public Works Department; Planning Department Prior to issuance of building permits TRANS-2 Prior to issuance of building permits, the property owner/developer shall pay an appropriate fair share to add a northbound through lane at the intersection of Harbor Boulevard and La Palma Avenue. The fair share shall not exceed 9 percent of the total improvement cost, as identified in the Anaheim Boulevard & La Palma Avenue Development Transportation Impact Analysis, Fehr and Peers, August 2015. The City of Anaheim shall identify the timing and funding mechanism for the full traffic signal improvement at the intersection of Harbor Boulevard and La Palma Avenue. Public Works Department; Planning Department Prior to issuance of building permits TRANS-3 Prior to issuance of building permits, the project owner/developer shall coordinate with Orange County Transportation Authority (OCTA) and the City of Anaheim to relocate the bus stops on the north and south sides of La Palma Avenue between Anaheim Boulevard East and Anaheim Boulevard West, if deemed necessary. The City of Anaheim and OCTA will identify the timing, specifications, and funding mechanism for this improvement. Public Works Department; Planning Department; Orange County Transportation Authority LA PALMA VILLAGE PROJECT DESCRIPTION La Palma Village is a proposed subdivision of approximately 7 acres in Anaheim located at the northeast corner of Anaheim Blvd. and La Palma Ave. It is currently occupied by a catering company, an automotive business, and various retail tenants. The proposed development includes approximately 6.3 acres of privately owned land and .87 acres of land publicly owned. Of the .87 acres of publicly owned land, the City owns approximately .64 ac., and .23 ac. is owned by the Successor Agency (formerly the RDA). Because of the Successor Agency property is not currently available for sale, La Palma Village will be entitled as two separate subdivisions. The primary subdivision consists of 152 residential units; 98 townhouses ranging in square footage from 1450-1774 and 54 paired homes (duplexes) ranging in square footage from 1900-2307. The accompanying subdivision containing the Successor Agency property consists of 10 residential units; 6 additional townhouses and 4 condominium flats ranging in square footage from 1415-1954, and 922 square feet of retail. Ultimately, when the Successor Agency property is purchased, the subdivision will be a completed 163-unit planned community; 162 residential and one retail. (See attached site plans). As part of the La Palma Village development, the intersection of La Palma Ave. and Anaheim Blvd. will be completely reconstructed to provide a more viable, efficient, and practical intersection, which will significantly improve traffic flow. Privately maintained streets serve the new community, which connect to La Palma Ave. and Anaheim Blvd. Inside the community is a private recreation center, which includes a meeting center and pool. A professional homeowners association will manage all these improvements, as well as the landscaped common areas. Entitlement of the Property will include approval of two Tentative Tract Maps and Final Site Plans, a Conditional Use Permit, a Zoning Change and a General Plan Change for the existing open space. ATTACHMENT NO. 10 ATTACHMENT NO. 11 ATTACHMENT NO. 12 GAS ELECT TV F.R. Garage 20'-0" x 20'-0" Garage 10'-10" x 36'-2" 10'-0" x 12'-2" Entry UP UP Entry STORAGE PwdrOffice/Den 10'-8" 1" CENTERLINE AIRSPACE 41 ' - 0 " 1" CENTERLINE AIRSPACE22'-10" 1" CENTERLINE AIRSPACE 15'-2" 1" CENTERLINE AIRSPACE10'-0" 1" CENTERLINE AIRSPACE 1" CENTERLINE AIRSPACE 20 ' - 6 " 12 ' - 1 0 " 3'- 8 " 1 ' - 0 " 9'-10" PLAN 1 SUMMARY: -GARAGE: 2 CARS TANDEM -1ST. FLOOR: 71 S.F. -2ND. FLOOR: 1,379 S.F. -TOTAL: 1,450 S.F. -BALCONY: 128 S.F. PLAN 2 SUMMARY: -GARAGE: 2 CARS STANDARD -1ST. FLOOR: 270 S.F. -2ND. FLOOR: 1,225 S.F. -TOTAL: 1,495 S.F. -BALCONY: 128 S.F. -GARAGE: 400 S.F. -GARAGE: 362 S.F. Optional DN Br 2 10'-0" x 10'-0" Bath 2 Living Kitchen/Dining Island W/D Common Wall Or Open Rail REF SINK DW Closet Walk-In Mstr Bath LINEN Mstr Br 13'-6" x 13'-0" PANTRY 14'-6" x 8'-8" 16'-4" x 13'-4" 12'-2" x 12'-4" Deck 15'-4" x 13'-6" 26 ' - 4 " 36'-2" 1" CENTERLINE AIRSPACE 13 ' - 8 " 36 ' - 4 " 3' - 8 " 5' - 4 " 14'-10" 1" CENTERLINE AIRSPACE20'-4" RANGE/ OVEN Br 2 10'-6" x 11'-4" DN KitchenLivingDining Mstr Bath Common Wall Or Open Rail W Walk-In Closet LinenMstr Br 13'-4" x 12'-8" Office REF SINK DW PANTRY D Bath 2 10'-6" x 14'-2"10'-3" x 14'-2" 13'-8" x 17'-10" Deck 14'-6" x 8'-8" 26 ' - 4 " 36'-2" 1" CENTERLINE AIRSPACE 13 ' - 8 " 36 ' - 4 " 3' - 8 " 5' - 4 " 14'-10" 1" CENTERLINE AIRSPACE20'-4" RANGE/ OVEN LA PALMA UA JOB # 14-066 DATE: 07/01/15 UA " ARCH " PRODUCT PLAN 1 & PLAN 2 FIRST LEVEL SCALE: 1/4" = 1'-0" SECOND LEVEL PLAN 2- FLAT SCALE: 1/4" = 1'-0" THIRD LEVEL PLAN 1-FLAT SCALE: 1/4" = 1'-0" 0 2 4 8 12 SCALE: 1/4" = 1'-0" PLAN 2 PLAN 1 Garage 20'-10" x 20'-0" Entry UP Office/Den 17'-2" x 13'-8" 37 ' - 1 0 " 21'-6" 1" CENTERLINE AIRSPACE 1" CENTERLINE AIRSPACE 37 ' - 4 " 1 ' - 0 " 4'-4"4'-0"13'-2" PLAN 3 SUMMARY: -GARAGE: 2 CARS STANDARD -1ST. FLOOR: 284 S.F. -2ND. FLOOR: 632 S.F. -TOTAL: 1,688 S.F. -BALCONY: 89 S.F. -GARAGE: 417 S.F. -3RD. FLOOR: 772 S.F. Kitchen DiningLiving DN UP Pwdr REF DW SINK PANTRY 9'-4" x 10'-0"11'-6" x 12'-0" 15'-6" x 14'-0" Deck 11'-6" x 7'-8" 1'- 6 " 37 ' - 4 " 12'-2" 1" CENTERLINE AIRSPACE 9'-4" 1" CENTERLINE AIRSPACE 5'-8"4'-0"11'-10" 29 ' - 1 0 " 2'- 6 " 6' - 6 " RANGE/ OVEN W D Mstr Br 11'-9" x 12'-6" Br 3 10'-6" x 10'-0" Br 2 10'-0" x 10'-4" DN Walk-InCloset Bath 2 MstrBath Linen 37 ' - 1 0 " 12'-2" 1" CENTERLINE AIRSPACE 9'-4" 1" CENTERLINE AIRSPACE 3'- 6 " 35 ' - 4 " 1' - 0 " 5'-4"4'-0"12'-2" LA PALMA UA JOB # 14-066 DATE: 07/01/15 UA " ARCH " PRODUCT PLAN 3 PLAN 3 - FIRST LEVEL SCALE: 1/4" = 1'-0" PLAN 3 - SECOND LEVEL SCALE: 1/4" = 1'-0" PLAN 3 - THIRD LEVEL SCALE: 1/4" = 1'-0" 0 2 4 8 12 SCALE: 1/4" = 1'-0" Garage 20'-10" x 20'-0" EntryUP 9'-4" x 10'-3" Br 3 Bath 3 33 ' - 4 " 2' - 6 " 38 ' - 1 0 " 3'- 0 " 21'-6" 4'-4"13'-3"3'-11" 1" CENTERLINE AIRSPACE 1" CENTERLINE AIRSPACE PLAN 4 SUMMARY: -GARAGE: 2 CARS STANDARD -1ST. FLOOR: 295 S.F. -2ND. FLOOR: 653 S.F. -TOTAL: 1,774 S.F. -BALCONY: 92 S.F. -GARAGE: 428 S.F. -3RD. FLOOR: 826 S.F. DN UP Dining Pwdr SINKDW REF PANTRY Kitchen Living 14'-8" x 11'-3" 17'-2" x 9'-4" 17'-2" x 9'-6" Deck 11'-10" x 7'-8" 36 ' - 4 " 2' - 6 " 38 ' - 1 0 " 30 ' - 1 0 " 5' - 6 " 21'-6" 9'-4"12'-2" 1" CENTERLINE AIRSPACE 1" CENTERLINE AIRSPACE RANGE/ OVEN W D Mstr Br 11'-9" x 15'-2" Br 2 10'-3" x 10'-0" DN Walk-In Closet Bath 2 Mstr Bath Linen Office/Den 10'-3" x 16'-4" 21'-6" 36 ' - 4 " 2' - 6 " 38 ' - 1 0 " 3'-8"17'-10" 1" CENTERLINE AIRSPACE 1" CENTERLINE AIRSPACE LA PALMA UA JOB # 14-066 DATE: 07/01/15 UA " ARCH " PRODUCT PLAN 4 PLAN 4 - FIRST LEVEL SCALE: 1/4" = 1'-0" PLAN 4 - SECOND LEVEL SCALE: 1/4" = 1'-0" PLAN 4 - THIRD LEVEL SCALE: 1/4" = 1'-0" 0 2 4 8 12 SCALE: 1/4" = 1'-0" PLAN 2 PLAN 1 TV F.R. 20'-0" x 20'-0"10'-10" x 36'-2" Entry Entry PLAN 2PLAN 1 GAS ELECT TV F.R. Entry Entry PLAN 4 Entry Garage Garage Garage Garage Garage Office/Den Pwdr UP UP UPBr 3 UP UP Office/Den GAS ELECT Stor. Pwdr Stor. 10'-10" 37 ' - 0 " 22'-11"21'-8"10'-10"22'-11" 15'-4"19'-11"21'-8"15'-4"19'-11" 37 ' - 0 " ROOF ACCESS LADDER Bath 3 PLAN 2 Mstr Br Br 2 Bath 2 Living Kitchen/Dining Optional Island laund. PLAN 2 Deck Mstr Br Br 2 Living Kitchen/Dining Optional Island PLAN 4 Kitchen Dining Living Pwdr Common Wall Or Open Rail Mstr Bath Deck Deck DN. DN. UP Linen Walk-In Closet Mstr Bath Linen Bath 2 Walk-In Closet laund. DN. Deck Common Wall Or Open Rail 10'-10"22'-11"21'-8"10'-10"22'-11" 40 ' - 0 " 36'-3"21'-8"36'-3" 40 ' - 0 " 35'-3"21'-8"36'-3" PLAN 1 : 1450 s.f. - 2BR/2BA PLAN 2 : 1495 s.f. - 2BR/2.50 BA + OFFICE/DEN PLAN 3 : 1688 s.f. - 3BR/2.5BA + OFFICE/DEN PLAN SUMMARY: PLAN 3 : 1688 s.f. - 3BR/2.5BA + OFFICE/DEN PLAN 4 : 1774 s.f. - 3BR/3.5BA + OFFICE/DEN LA PALMA UA JOB # 14-066 DATE: 07/01/15 UA " ARCH " PRODUCT DA T E / T I M E O F P L O T : S: \ 2 0 1 4 P r o j e c t s \ 1 4 - 0 6 6 A n a h e i m L a P a l m a \ A R C H I T E C T U R E \ P r e l i m \ P e n d i n g S u b m i t t a l \ 1 4 - 0 6 6 U A A r c h C o m p o s i t e P l a n s . d w g 7/ 2 / 2 0 1 5 2 : 3 6 : 4 6 P M 0 4 8 16 24 SCALE: 1/8" = 1'-0" FI L E N A M E : 5-PLEX COMPOSITE PLANS 5-PLEX COMPOSITE PLANS SCALE: 1/8" = 1'-0"FIRST LEVEL 5-PLEX COMPOSITE PLANS SCALE: 1/8" = 1'-0"SECOND LEVEL PLAN 1 Br 2 Mstr Br DiningLiving Bath 2 2Office Mstr Bath PLAN 1 Br 2 Mstr Br Dining Living Bath 2 2 Mstr Bath PLAN 4 Mstr Br Office/DenBr 2 Bath 2 Mstr Bath Common Wall Or Open Rail Walk-In Closet Linen Kitchen Deck D DN. DN. DN. Kitchen Deck Walk-In Closet Linen Linen Office Common Wall Or Open Rail Walk-In Closet laund.laund. 21'-7" 40 ' - 0 " 36'-3" 40 ' - 0 " 36'-4" 35'-3"21'-8"36'-3" 6:126:12 6:12 6:12 6:12 6:12 6: 1 2 6: 1 2 6: 1 2 6: 1 2 6: 1 2 FLAT ROOF AREA WITH A/C EQUIPMENT W PLAN 1 : 1450 s.f. - 2BR/2BA PLAN 2 : 1495 s.f. - 2BR/2.50 BA + OFFICE/DEN PLAN 3 : 1688 s.f. - 3BR/2.5BA + OFFICE/DEN PLAN SUMMARY: PLAN 3 : 1688 s.f. - 3BR/2.5BA + OFFICE/DEN PLAN 4 : 1774 s.f. - 3BR/3.5BA + OFFICE/DEN LA PALMA UA JOB # 14-066 DATE: 07/01/15 UA " ARCH " PRODUCT DA T E / T I M E O F P L O T : S: \ 2 0 1 4 P r o j e c t s \ 1 4 - 0 6 6 A n a h e i m L a P a l m a \ A R C H I T E C T U R E \ P r e l i m \ P e n d i n g S u b m i t t a l \ 1 4 - 0 6 6 U A A r c h C o m p o s i t e P l a n s . d w g 7/ 2 / 2 0 1 5 2 : 5 3 : 4 0 P M 0 4 8 16 24 SCALE: 1/8" = 1'-0" FI L E N A M E : 5-PLEX COMPOSITE PLANS 5-PLEX COMPOSITE PLANS SCALE: 1/8" = 1'-0"THIRD LEVEL 5-PLEX COMPOSITE PLANS SCALE: 1/8" = 1'-0"ROOF PLAN 07/01/2015 07/01/2015 07/01/2015 07/01/2015 07/01/2015 A6.0 A6.1 A6.2 LOBBY 9'-0" CLG. UP 27 ' - 8 " 36'-10" 24 ' - 0 " 32'-6" 24'-0"7'-4"15'-5"16'-11" 14 ' - 8 " 52 ' - 1 0 " RETAIL : 922 S.F. TOWNHOMES "A" : 2BD/2.5BA - 1620 S.F. FLAT "B" : 2BD/2BA - 1415 S.F. FLAT "C" : 3BD/2.5BA - 1942 S.F. FLAT "D" : 3BD/2.5BA - 1954 S.F. LA PALMA UA JOB # 14-066 DATE: 07/01/15 UA " CORNER " PRODUCT 1ST LEVEL RETAIL SCALE: 1/4" = 1'-0"FIRST LEVEL 0 2 4 8 12 SCALE: 1/4" = 1'-0" W.I.C 9'-0" CLG. LINEN SINK W.I. PANTRY 9'-0" CLG. M. BATH 8'-0" CLG. M. BEDROOM 9'-0" CLG. BATH 2 8'-0" CLG. BEDROOM 2 9'-0" CLG. LAUND 8'-0" CLG. LAUNDRY 9'-0" CLG. COVERED DECK 9'-0" CLG. ENTRY 9'-0" CLG. LOBBY 9'-0" CLG. KITCHEN 9'-0" CLG. STOVE DW WD REF.TECH LIVING RM 9'-0" CLG. DINING RM 9'-0" CLG. 11'-2" X 10'-10" 11'-6" X 15'-6" 12'-0" X 16'-0" 16'-6" X 18'-0" 16'-11" X 7'-8" 11'-0" X 14'-2" 5'-0" X 6'-6" KITCHEN 9'-0" CLG. LIVING RM 9'-0" CLG. 18'-10" x 10'-4" 13'-4" X 10'-10" 15'-10" X 13'-4" KITCHEN 9'-0" CLG.8'-0" X 11'-0" COVERED DECK 9'-0" CLG. PWDR 8'-0" CLG. W.I.C 9'-0" CLG. UP DN. PANTRY REF. STOVE SINK DW RETAIL VOLUME CLG. COAT 10 ' - 4 " 40'-10" 24 ' - 0 " 30'-6" 17 ' - 4 " 24'-0"7'-4"15'-5"16'-11" 11 ' - 8 " 55 ' - 1 0 " RETAIL : 922 S.F. TOWNHOMES "A" : 2BD/2.5BA - 1620 S.F. FLAT "B" : 2BD/2BA - 1415 S.F. FLAT "C" : 3BD/2.5BA - 1942 S.F. FLAT "D" : 3BD/2.5BA - 1954 S.F. LA PALMA UA JOB # 14-066 DATE: 07/01/15 UA " CORNER " PRODUCT 2ND LEVEL TOWNHOUSE 'A' / FLAT 'B' SCALE: 1/4" = 1'-0"SECOND LEVEL 0 2 4 8 12 SCALE: 1/4" = 1'-0" LAUNDRY 8'-0" CLG. D W COAT W.I.C 9'-0" CLG. PWDR 8'-0" CLG. M. BATH 8'-0" CLG. LINEN M. BEDROOM 9'-0" CLG.11'-6" X 15'-6" BEDROOM 2 9'-0" CLG.9'-9" X 10'-10"BEDROOM 3 9'-0" CLG.9'-9" X 12'-11" BATH 2 8'-0" CLG. VEST 8'-0" CLG. PANTRY 8'-0" CLG.KITCHEN 9'-0" CLG.17'-2" X 9'-6" DINING RM 9'-0" CLG.13'-0" X 22'-0" 11'-4" X 10'-4" BATH 2 8'-0" CLG. REF. STOVE DW SINK COVERED DECK 9'-0" CLG.16'-11" X 7'-8" ENTRY 9'-0" CLG. LOBBY 9'-0" CLG. GREAT RM 9'-0" CLG. 28'-0" X 18'-0" BEDROOM 2 9'-0" CLG. W.I.C 9'-0" CLG. M. BATH 8'-0" CLG. 8'-0" X 11'-0" W LINEN D COVERED DECK 9'-0" CLG. LAUNDRY 9'-0" CLG. TECH. 9'-0" CLG. NI C H E M. BEDROOM 9'-0" CLG.16'-8" X 14'-0" DN. UP 10 ' - 4 " 40'-10" 24 ' - 0 " 30'-6" 17 ' - 4 " 22'-8"8'-0"15'-5"16'-11" 11 ' - 8 " 55 ' - 1 0 " RETAIL : 922 S.F. TOWNHOMES "A" : 2BD/2.5BA - 1620 S.F. FLAT "B" : 2BD/2BA - 1415 S.F. FLAT "C" : 3BD/2.5BA - 1942 S.F. FLAT "D" : 3BD/2.5BA - 1954 S.F. LA PALMA UA JOB # 14-066 DATE: 07/01/15 UA " CORNER " PRODUCT 3RD LEVEL TOWNHOUSE 'A' / FLAT 'C' SCALE: 1/4" = 1'-0"THIRD LEVEL 0 2 4 8 12 SCALE: 1/4" = 1'-0" ROOF ROOF WD ENTRY 9'-0" CLG. LOBBY 9'-0" CLG. COVERED DECK 9'-0" CLG.16'-11" X 7'-8" M. BEDROOM 9'-0" CLG.11'-6" X 15'-6" BEDROOM 2 9'-0" CLG.9'-6" X 10'-10" LAUNDRY 8'-0" CLG. COAT PWDR 8'-0" CLG. DINING RM 9'-0" CLG.13'-0" X 22'-0" GREAT RM 9'-0" CLG. 28'-0" X 18'-0" DN. W.I.C 9'-0" CLG. M. BATH 8'-0" CLG. LINEN BEDROOM 3 9'-0" CLG.9'-9" X 12'-11" BATH 2 8'-0" CLG.PANTRY 8'-0" CLG.KITCHEN 9'-0" CLG.17'-2" X 9'-6" REF. STOVE DW SINK 30'-2" 23 ' - 8 " 32'-10" 22'-8"8'-0"15'-5"16'-11" 55 ' - 1 0 " RETAIL : 922 S.F. TOWNHOMES "A" : 2BD/2.5BA - 1620 S.F. FLAT "B" : 2BD/2BA - 1415 S.F. FLAT "C" : 3BD/2.5BA - 1942 S.F. FLAT "D" : 3BD/2.5BA - 1954 S.F. LA PALMA UA JOB # 14-066 DATE: 07/01/15 UA " CORNER " PRODUCT 4TH LEVEL FLAT 'D' SCALE: 1/4" = 1'-0"FOURTH LEVEL 0 2 4 8 12 SCALE: 1/4" = 1'-0" 6:12 6: 1 2 6: 1 2 6:12 6:12 6:12 6:12 6: 1 2 6: 1 2 6:12 6: 1 2 6:12 6:12 6: 1 2 6: 1 2 FLAT ROOF AREA WITH A/C EQUIPMENTS LA PALMA UA JOB # 14-066 DATE: 07/01/15 UA " CORNER " PRODUCT ROOF PLAN ROOF PLAN SCALE: 1/4" = 1'-0". 0 2 4 8 12 SCALE: 1/4" = 1'-0" 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.