PC 2017/03/06
City of Anaheim
Planning Commission
Agenda
Monday, March 6, 2017
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Chairperson: Mitchell Caldwell
Chairperson Pro-Tempore: Paul Bostwick
Commissioners: Jess Carbajal, Bill Dalati, Grant Henninger,
Michelle Lieberman, John Seymour
Call To Order - 5:00 p.m.
Pledge Of Allegiance
Public Comments
Public Hearing Items
Commission Updates
Discussion
Adjournment
For record keeping purposes, if you wish to make a statement regarding any item on the
agenda, please complete a speaker card in advance and submit it to the secretary.
A copy of the staff report may be obtained at the City of Anaheim Planning 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, March 2, 2017, 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
03-06-2017
Page 2 of 7
APPEAL OF PLANNING COMMISSION ACTIONS
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits, Variances, Public Convenience or Necessity Determinations,
Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission
action unless a timely appeal is filed during that time. This appeal shall be made in written
form to the City Clerk, accompanied by an appeal fee in an amount determined by the City
Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified by
the City Clerk of said hearing.
If you challenge any one of these City of Anaheim decisions in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in a written correspondence delivered to the Planning Commission or City Council
at, or prior to, the public hearing.
Anaheim Planning Commission Agenda - 5:00 P.M.
Public Comments
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim City Planning Commission or provide public comments on agenda items with the
exception of public hearing items.
03-06-2017
Page 3 of 7
Public Hearing Items
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 2016-05893
(DEV2016-00113)
Location: 5635 East La Palma Avenue
Request: To permit a new wall-mounted electronic
readerboard sign for an existing movie theater (Cinema
City).
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 11 (Accessory Structures) Categorical Exemption.
This item was continued from the January 9, 2017
Planning Commission meeting.
Request for continuance
to April 17, 2017
Project Planner:
Nick Taylor
njtaylor@anaheim.net
ITEM NO. 3
CONDITIONAL USE PERMIT NO. 2016-05900
(DEV2016-00129)
Location: 2641 West La Palma Avenue
Request: To permit and retain a broadcast studio with
a live audience in conjunction with a community and
religious assembly use.
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.
This item was continued from the February 6, 2017
Planning Commission meeting.
Request for continuance
to March 20, 2017
Project Planner:
Lindsay Ortega
lortega@anaheim.net
03-06-2017
Page 4 of 7
ITEM NO. 4
CONDITIONAL USE PERMIT NO. 2016-05889*
(DEV2016-00107)
Location: 407 South State College Boulevard
Request: To permit and retain an existing banquet hall,
to include the on-site consumption of alcoholic
beverages, within an existing commercial 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 Facility) Categorical Exemption.
*Variance No. 2017-05086 was deleted subsequent
to advertisement for this item.
Resolution No. ______
Project Planner:
Lindsay Ortega
lortega@anaheim.net
ITEM NO. 5
CONDITIONAL USE PERMIT NO. 2011-05550A
FINAL SITE PLAN NO. 2011-00001A
VARIANCE NO. 2012-04914A
(DEV2011-00011A)
Location: 1650 South Harbor Boulevard
Request: To amend a permit for a previously-approved
and constructed 199-room* hotel with a rooftop restaurant
limited to hotel guests only to allow the restaurant to be
open to the public, with accessory entertainment, a cover
charge, and fewer parking spaces than are 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 Facility)
Categorical Exemption.
*The request was originally advertised as a 185-room hotel.
Resolution No. ______
Project Planner:
Elaine Thienprasiddhi
ethien@anaheim.net
03-06-2017
Page 5 of 7
ITEM NO. 6
VARIANCE NO. 2016-05078
FINAL SITE PLAN NO. 2016-00007
ADMINISTRATIVE ADJUSTMENT NO. 2016-00391
(DEV2016-00034)
Location: 100 and 130 West Katella Avenue
Request: To demolish a vacant motel (formerly Arena
Inn & Suites) and construct a five-story, 178-room hotel
with a shorter entry drive length and fewer parking spaces
than required by the Zoning Code.
Environmental Determination: The Planning Commission
will consider if the request is within the scope of and
properly described by previously-certified Master
Environmental Impact No. 313 and Supplemental
Environmental Impact Report No. 340 pursuant to
Sections 15177 and 15168 of the State CEQA Guidelines
and that none of the conditions set forth in Sections 15162
or 15163 of said Guidelines calling for the preparation of a
subsequent environmental impact report or a supplement
to Supplemental Environmental Impact Report No. 340
have occurred.
Resolution No. ______
Project Planner:
Elaine Thienprasiddhi
ethien@anaheim.net
ITEM NO. 7
CONDITIONAL USE PERMIT NO. 2017-05904
VARIANCE NO. 2017-05087
(DEV2017-00005)
Location: 2841 East White Star Avenue, Suite E
Request: The applicant requests approval of the
following land use entitlements: (i) a conditional use
permit to permit the retail sales of automobiles within an
existing industrial building, and (ii) a variance to permit
less parking 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 Facility) Categorical Exemption.
Resolution No. ______
Project Planner:
Amy Vazquez
avazquez@anaheim.net
03-06-2017
Page 6 of 7
ITEM NO. 8
CONDITIONAL USE PERMIT NO. 2016-05868
VARIANCE NO. 2017-05084
(DEV2016-00028)
Location: 984 South Beach Boulevard
Request: The applicant requests approval of the
following land use entitlements: (i) a conditional use
permit to construct a new gasoline service station to
include a convenience store and canopy; and (ii) a
variance to permit less parking than required by the
Zoning Code and a reduced landscape setback.
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) Categorical Exemption.
Resolution No. ______
Project Planner:
Lindsay Ortega
lortega@anaheim.net
ITEM NO. 9
ZONING CODE AMENDMENT NO. 2017-00139
(DEV2017-00024)
Location: Citywide
Request: A City-initiated amendment to Title 18 (Zoning)
of the Anaheim Municipal Code modifying Chapter 18.08
(Commercial Uses) related to the sale of fireworks.
Environmental Determination: The proposed action is not
subject to the California Environmental Quality Act
("CEQA") pursuant to Sections 15060(c)(2) and
15060(c)(3) of the State of California Guidelines for
Implementation of the California Environmental Quality Act.
Motion
Project Planner:
Gustavo Gonzalez
ggonzalez@anaheim.net
Adjourn to Monday, March 20, 2017 at 5:00 p.m.
03-06-2017
Page 7 of 7
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
1:15 p.m. March 1, 2017
(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. La Ciudad prohíbe la discriminación por motivos de raza , color u origen
nacional en cualquier programa o actividad que reciba asistencia financiera federal.
Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos
apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de
Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y
reglamentos adoptados en aplicación del mismo.
Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios
auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha
modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad
ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714)
765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada.
200 S. 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: MARCH 6, 2017
SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05893
LOCATION: 5635 East La Palma Avenue (Cinema City)
APPLICANT/PROPERTY OWNER: The applicant and property owner is Dan
Akarakian of Starlight Cinemas, represented by Stan Swede of California Marquee.
REQUEST: The applicant is requesting approval of a conditional use permit to permit
the installation of a wall-mounted electronic readerboard sign for an existing movie
theater.
BACKGROUND: This item was continued from the Planning Commission meeting of
January 9, 2017, as requested by the applicant. The applicant has requested a second
continuance to the meeting of April 17, 2017, and has stated to staff that they will be
prepared to have the item heard at that meeting.
RECOMMENDATION: Staff recommends that the Planning Commission continue
the public hearing for Conditional Use Permit No. 2016-05893 to the meeting of
April 17, 2017 as requested by the applicant.
Prepared by, Submitted by,
Nick Taylor Jonathan E. Borrego
Associate Planner Planning Services Manager
Attachments:
1. Continuation Request
SP 2015-1CINEMACITYTHEATER
SP 2015-1DA5SERVICE STATION
SP 2015-1DA5RETAIL
RM-4CANYONVILLAGEAPARTMENTS198 DU
SP 2015-1DA5BANK
SP 2015-1DA5VACANT
SP 2015-1DA1RELIGIOUS USE
SP 2015-1DA5RETAIL
SP 2015-1DA1CANYONOFFICECENTER
SP 2015-1DA1CANYONOFFICECENTER
RM-4VINEYARDAPARTMENTS304 DU
RM-4VINEYARDAPARTMENTS304 DU
SP 2015-1DA1INDUSTRIAL SP 2015-1DA5RETAIL
SP 2015-1DA5RETAIL
SP 2015-1DA5RETAIL
E LA PALMA AVE
N I M P E R I A L H W Y
E ORANGETHORPE AVE ES P E R A N Z A RD
N V I A B R E V E
E. LA PALMA AVE
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E .S A N T A A N A C A N Y O N R D
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K E L L O G G
D R
E .L A P A L M A A V E
E .S AN T A A N A CANYON RD
5 6 3 5 Ea st La Palma Ave nue
D E V N o. 2016-00113
Subject Property APN: 346-281-03
°0 50 100
Feet
Aeria l Pho to:Jun e 2 015
E LA PALMA AVE
N I M P E R I A L H W Y
E ORANGETHORPE AVE ES P E R A N Z A RD
N V I A B R E V E
E. LA PALMA AVE
N.IMPERIALH
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K E L L O G G
D R
E .L A P A L M A A V E
E .S AN T A A N A CANYON RD
5 6 3 5 Ea st La Palma Ave nue
D E V N o. 2016-00113
Subject Property APN: 346-281-03
°0 50 100
Feet
Aeria l Pho to:Jun e 2 015
ATTACHMENT NO. 1
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
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: MARCH 6, 2017
SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05900
LOCATION: 2641 West La Palma Avenue (Korean Gospel Broadcasting)
APPLICANT/PROPERTY OWNER: The property owner and applicant is Korean
Gospel Broadcasting Company, represented by Duck S. Im, and the agent is Peter Choe
of the Korean Gospel Broadcasting Company, Inc.
REQUEST: The applicant requests approval of a conditional use permit to permit and
retain an existing broadcast studio with a live audience in conjunction with a
community and religious assembly use.
DISCUSSION: This item was continued from the February 6, 2017 meeting as
requested by the applicant. The applicant submitted a letter requesting an additional
continuance to the March 20, 2017 Planning Commission meeting in order to re-notice
this item to include a request for a variance to permit less parking than permitted by the
Zoning Code.
RECOMMENDATION: Staff recommends that this item be continued to the
March 20, 2017 meeting as requested by the applicant.
Prepared by, Submitted by,
Lindsay Ortega Jonathan E. Borrego
Contract Planner Planning Services Manager
Attachments:
1. Continuation Request
C-GOFFICES
C-GRESTAURANT
CONDOMINIUMS40 DU
ISERVICESTATION
IRETAIL
C-GIMPERIALTHEATER
C-GRESTAURANT
C-GRESTAURANT
C-GRESTAURANT
C-GOFFICES
IOFFICES
IMEDICALOFFICE
RM-4MAGNOLIAAPARTMENTS100 DU
C-GSERVICESTATION
C-GOFFICES C-GOFFICES
C-GRETAIL
C-GSERVICESTATION
C-GRETAIL
IINDUSTRIAL
IINDUSTRIAL
IOFFICES
W LA PAL MA AVE
N M A G N O L I A A V E
W WOOD LA ND DR
N KNOLLW
OOD CIR
W FELICIDAD CIR
W O O
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A
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D R
W V IA PAL M A
W. LA PALMA AVE
W. CRESCENT AVE
N . M A G N O L I A A V E
N . B R O O K H U R S T S T
. CRESCENT AVE
N . D A L E A V E
2 6 4 1 Wes t La Palma Avenue
D E V N o. 2016-00129
Subject Property APN: 070-762-13
°0 50 100
Feet
Aeria l Pho to:Jun e 2 015
W LA PAL MA AVE
N M A G N O L I A A V E
W WOOD LA ND DR
N KNOLLW
OOD CIR
W FELICIDAD CIR
W O O
D
L
A
N D
D R
W V IA PAL M A
W. LA PALMA AVE
W. CRESCENT AVE
N . M A G N O L I A A V E
N . B R O O K H U R S T S T
. CRESCENT AVE
N . D A L E A V E
2 6 4 1 Wes t La Palma Avenue
D E V N o. 2016-00129
Subject Property APN: 070-762-13
°0 50 100
Feet
Aeria l Pho to:Jun e 2 015
To the City of Anaheim Planning Department,
This letter is to inform the City of Anaheim and the planning department that Korean Gospel
Broadcasting Co. (KGBC), located at 2641 W. La Palma Ave. Anaheim, CA, is requesting the continuance
for March 20th hearing for Conditional Use Permit for Church.
Thank you
Peter Choe
ATTACHMENT NO. 1
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
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: MARCH 6, 2017
SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05889
LOCATION: 407 South State College Boulevard (La Dame Banquet Hall)
APPLICANT/PROPERTY OWNER: The agent is Greg McCafferty, representing
the applicant and property owner, William Taormina with Clean City, Inc.
REQUEST: The applicant requests approval of a conditional use permit to permit
and retain a banquet hall within an existing commercial building, to include the
consumption of alcoholic beverages.
RECOMMENDATION: Staff recommends that the Planning Commission adopt
the attached resolution, determining that this request is categorically exempt from
further environmental review under the California Environmental Quality Act
(Class 1, Existing Facilities) and approving Conditional Use Permit No. 2016-05889.
BACKGROUND: The 0.61-acre property is developed with a 1-story, 4,300 square
foot commercial building that has historically been used as a restaurant. The
property is located in the “C-G” General Commercial zone. The General Plan
designates this property for Office-Low land uses. The property is surrounded by
single family residences to the west, a commercial center across State College
Boulevard to the east, a convenience store to the south, and office uses to the north.
In July 2016, the applicant was cited by Code Enforcement for the operation of
banquet hall without a conditional use permit following receipt of noise complaints
resulting from events at the facility. The banquet hall has been operating since the
closing of the Sizzler restaurant in 2007. The Code Enforcement case remains active,
pending a determination on this application.
CONDITIONAL USE PERMIT NO. 2016-05889
March 6, 2017
Page 2 of 5
PROPOSAL: The applicant proposes to retain a banquet facility within this existing
commercial building. The facility is available for private events, such as wedding receptions,
birthday parties, family celebrations, and corporate functions. The business includes an
assembly area for up to 200 guests, a kitchen, preparation room, two restrooms, and a main
stage. The facility also includes an outdoor patio that is used as a smoking area. The applicant
offers alcoholic beverages in conjunction with food service during banquet events which is
served by a catering company. Both live and recorded music and dancing is provided inside the
building only. The existing and proposed hours of operation for the banquet business are from
9:00 a.m. to 10:00 p.m. Sunday through Thursday and 9:00 a.m. to 12:00 midnight Friday and
Saturday. Event staff would remain on-site after the venue is closed to clean up the facility.
Site Plan
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 the Zoning 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;
CONDITIONAL USE PERMIT NO. 2016-05889
March 6, 2017
Page 3 of 5
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.
The Zoning Code permits banquet facilities, including the sale and consumption of alcoholic
beverages, in the C-G zone subject to the approval of a conditional use permit in order to
determine compatibility with surrounding land uses. As previously noted, the Code
Enforcement Division received one complaint regarding noise during banquet events. The
complainant indicated that doors were left open during events and that guests were utilizing the
outdoor patio for smoking and other activities. Additionally, it was reported that events often
continue past midnight. The attached draft resolution contains recommended conditions of
approval to mitigate potential impacts to surrounding residential properties. These conditions
would:
Require Police Department review and approval of a security plan to ensure that all
proposed security measures are implemented;
Require that the patio only be used for smoking and no alcohol or food be permitted in
this patio area;
Place a 12:00 a.m. limit on the hours of operation for Friday and Saturday events and a
10:00 p.m. limit on hours of operation Sunday to Thursday, as well a 10:00 p.m. limit
on the use of the outdoor patio for any reason;
Require that doors remain closed when entertainment is provided, including the doors to
the outdoor smoking area; and,
Prohibit loitering and alcoholic beverage consumption outside the facility during
banquet events.
This property is located within Census Tract No. 863.01.00 which has a population of 7,474.
Based on this population, the Department of Alcoholic Beverage Control (ABC) allows for
eight on-sale licenses and presently there are five licenses within the tract. This location is also
within Police Reporting District 1627; the crime rate in this district is 110 percent above the city
average. As detailed in the attached Police Department memorandum, the crime rate within ¼
mile of this property is 285 percent above the city average. There have been 21 calls for service
to this location in the last year and they consisted of: 18 trespassing, 1 stolen vehicle, 1 assault
and 1 assist other department. The 18 trespassing calls were related to transient activity at the
property. The calls for service within the surrounding area were primarily related to drug abuse
violations, simple assaults, petty thefts, simple assaults, and vandalism.
CONDITIONAL USE PERMIT NO. 2016-05889
March 6, 2017
Page 4 of 5
The applicant proposes to host up to 200 attendees in the banquet hall. This occupancy limit
is being proposed by the applicant based on the average size of events at the site and the
parking supply available on-site. The Zoning Code does not specify a parking standard for
banquet facilities; however, a standard for such uses has been included in the Zoning Code
amendment that was recently reviewed by the Planning Commission and introduced by the
City Council at its February 28, 2017 City Council meeting. In the absence of a codified
standard, staff estimated parking demand to be 63 spaces based on an assumed 3.18 patrons
per car. This ratio is consistent with the parking standard applied to other recently-approved
banquet facilities in the City, as well as with the proposed Code amendment. These facilities
have been operating with sufficient parking. In addition, the banquet facility will have up to
six employees on-site during peak event periods, creating a total demand of 69 spaces. The
site currently contains a total of 61 parking spaces.
Even though a ratio of 3.18 patrons per car has been used to calculate the parking demand for
previous banquet halls, the applicant proposes a ratio of 3.27 patrons per car for this facility.
To justify this ratio, the applicant provided parking counts for events held at the venue, which
ranged from 29 to 39 vehicles for events that had an attendance between 150 and 200 persons.
Additionally, Code Enforcement has not received any complaints from the surrounding
residents regarding overflow or spillover parking into the adjacent neighborhoods. Based on
the parking counts provided by the applicant and the lack of parking-related complaints, staff
believes that the banquet hall will have sufficient parking spaces available and will not impose
an undue burden on the adjacent commercial and residential uses. Therefore, 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.
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.,
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.
CONDITIONAL USE PERMIT NO. 2016-05889
March 6, 2017
Page 5 of 5
CONCLUSION: The banquet hall use, as conditioned, would be operated in a manner that is
compatible with the surrounding area. Based on the parking counts and letter of operation
provided by the applicant, staff believes that the number of parking spaces on site would be
adequate to accommodate the proposed business and without impact to the surrounding public
streets or properties. Staff recommends approval of the requested conditional use permit.
Prepared by, Submitted by,
Lindsay Ortega Jonathan E. Borrego
Contract Planner Planning Services Manager
Lilley Planning Group
Attachments:
1. Draft Conditional Use Permit Resolution
2. Police Department Memorandum
3. Applicant’s Request Letter
4. Photographs
5. Plans
RS-2S.F.R.
RS-2S.F.R.
RS-2S.F.R.
C-GOFFICES
RM-4APTS16 DU
RM-4APTS7 DU
RM-4APTS8 DU
C-GRETAIL
RM-4FOURPLEX
RM-4APTS8 DU
C-GAUTOREPAIRSERVICE
C-GRETAIL
C-GRETAIL
RS-2S.F.R.
RM-4APARTMENTS6 DU
SINGLEFAMILYRESIDENCE
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RS-2S.F.R.RS-2S.F.R.
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RM-4APTS14 DU
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D E V N o. 2016-00107
Subject Property APN: 037-222-37037-222-36037-222-05
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[DRAFT] ATTACHMENT NO. 1
-1- PC2017-***
RESOLUTION NO. PC2017-***
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2016-05889 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00107)
(407 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition for Conditional Use Permit No. 2016-05889 to permit a banquet
hall within an existing commercial building, to include the on-site sale and consumption of
alcoholic beverages (herein referred to as the "Proposed Project") on that certain real property
located at 407 South State College Boulevard in the City of Anaheim, as generally depicted on
the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"),
pursuant to Section 18.60.090 of the Anaheim Municipal Code (“Code”); and
WHEREAS, the Property is approximately 0.61- acres in size and is developed with a
4,300 square foot, 1-story commercial building. The Property is located in the C-G (General
Commercial) zone and is, therefore, 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 Office-Low land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 6, 2017 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. 2016-05889, and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, as the “lead agency” under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning
Commission finds and determines that the Proposed Project is within that class of projects which
consist of the repair, maintenance, and/or minor alteration of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the Proposed Project will not cause a significant effect on the environment and
is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing pertaining to the request for Conditional Use Permit No. 2016-05889, does find and
determine the following facts:
- 2 - PC2017-***
1. The request to permit the Proposed Project is properly one for which a conditional use
permit is authorized under subsection .010 of Section 18.08.030.010 of the Code.
2. The proposed conditional use permit to permit the Proposed Project, under the
conditions imposed, would not adversely affect the adjoining land uses and the growth and
development of the area because the conditions of approval contained herein will mitigate any
potential impacts to surrounding residential properties. These conditions require, among other
things, Police Department review of proposed security measures, limitations on the hours of
operation, restricted use of the outdoor patio for any reason including smoking, requiring that
doors remain closed when entertainment is provided, and prohibiting loitering and alcohol
consumption outside the facility during banquet events.
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, including setbacks, building height, signs, landscaping, and parking.
4. The size and shape of the site for the Proposed Project is adequate to allow the full
development of the proposed project in a manner not detrimental to either the particular area nor
to the health, safety and general welfare of the public because the Proposed Project complies
with all applicable development standards, including the required number of parking spaces.
5. The granting of Conditional Use Permit No. 2016-05889 under the conditions imposed
will not be detrimental to the health and safety of the citizens of the City of Anaheim and will
provide an integrated land use that is compatible with the surrounding area.
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 this Planning Commission does hereby
approve Conditional Use Permit No. 2016-05889 at the Property, 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.
- 3 - PC2017-***
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
March 6, 2017. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2017-***
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 March 6, 2017, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of March, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2017-***
- 6 - PC2017-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2016-05889
(DEV2016-00107)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1 The activities occurring in conjunction with the operation of this
establishment shall not cause noise disturbance to surrounding
properties.
Police Department
2 Within 60 days of the date of this approval, a security plan shall be
submitted to the Police Department for review and approval prior
to the operation of any business at this location.
Police Department
3 Within 60 days of the date of this approval, the managers and/or
owners shall call the Department of Alcoholic Beverage Control
and obtain LEAD (Licensee Education on Alcohol and Drugs
Program) Training for themselves and service employees. The
contact number is 714-558-4101.
Police Department
4 Security measures shall be provided to the satisfaction of the
Anaheim Police Department to deter unlawful conduct of
employees and patrons, promote the safe and orderly assembly and
movement of persons and vehicles, and to prevent disturbances to
the neighborhood by excessive noise created by patrons entering
or leaving the premises.
Police Department
5 An admission fee for food service in conjunction with banquet
events shall be permitted. An admission fee/cover charge for
nightclub purposes shall not be permitted.
Police Department
6 There shall be no exterior advertising of any kind or type,
including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic beverages.
Police Department
7 The number of persons shall not exceed the maximum occupancy
load as determined by the Anaheim Fire Department. Signs
indication the occupant load shall be posted in a conspicuous place
on an approved sign near the main exit from the room. (Section
25.114(a) Uniform Fire Code)
Police Department,
Fire Department
8 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
- 7 - PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
9 Parking lots, driveways, circulation areas, aisles, passageways,
recesses and grounds contiguous to buildings, shall be provided
with enough lighting to illuminate and make clearly visible the
presence of any person on or about the premises during the hours
of darkness and provide a safe, secure environment for all persons,
property, and vehicles onsite.
Police Department
10 There shall be licensed security at all events. At the conclusion of
all events, security shall assist in escorting patrons out to the
parking lot in an orderly and quiet manner.
Police Department
11 The door(s) shall be kept closed at all times during the operation
of the premises except in cases of emergency. Said door(s) not to
consist solely of a screen or ventilated security door.
Police Department
12 The Petitioner(s) shall post and maintain a professional quality
sign facing the premises parking lot(s) that reads as follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block
lettering. The sign shall be in English and Spanish.
Police Department
13 The sale of alcoholic beverages for consumption off the premises
shall be prohibited.
Police Department
14 No minor under the age of sixteen (16) years shall be allowed to
attend any banquet event, unless accompanied by a parent or
guardian.
Police Department
15 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.
Police Department
16 The petitioner(s) shall be responsible for maintaining free of litter
the area adjacent to the premises over which they have control.
Planning
Department,
Code Enforcement
Division
17 The floor space provided for dancing shall be free of any furniture
or partitions and maintained in a smooth and safe condition.
Police Department
- 8 - PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
18 The managers and/or owners shall police the area under their
control in an effort to prevent the loitering of persons about the
premises.
Police Department
19 The managers and/or owners 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
20 Events shall conclude by 10:00 p.m. Sunday through Thursday
and 12:00 midnight Friday and Saturday.
Police Department
21 Individual signs shall be posted inside the banquet hall near the
exit doors stating "No alcohol allowed past this point”.
Police Department
22 All employees shall be clothed in such a way as to not expose
"specified anatomical areas" as described in Section 7.16.060 of
the Anaheim Municipal Code.
Police Department
23 There shall be no valet parking allowed. Guests are required to
self-park. If in the event the Conditional Use Permit is to be
amended to request Valet parking, valet shall not be operated on
the site without a Valet Operations Plan which has been reviewed
and approved by Traffic Engineering.
Police Department
& Public Works,
Traffic
Engineering
Division
24 Employees shall park in stalls closest to State College Boulevard
so they do not disturb the residential area behind the location.
Planning
Department,
Code Enforcement
Division
25 This business shall not be operated as a nightclub or bar.
Police Department
26 Whenever a banquet or event is being held, security personnel
shall be present both inside and outside the business, roaming the
parking lot, to prevent loitering of persons about the premises, and
to ensure that noise levels remain low and do not disturb the
nearby residential neighborhood.
Police Department
27 Adequate lighting of parking lots, passageways, recesses, and
grounds contiguous to buildings shall be provided with lighting of
sufficient wattage to provide adequate illumination to make clearly
visible the presence of any person on or about the premises during
the hours of darkness and provide a safe, secure environment for
Police Department
- 9 - PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
all person, property, and vehicles on-site. All exterior doors shall
have their own light source, which shall adequately illuminate
door areas at all hours to make clearly visible the presence of any
person on or about the premises and provide adequate illumination
for persons exiting the building.
28 The maximum occupancy of the banquet hall shall be limited to
200 attendees.
Planning &
Building
Department,
Code Enforcement
Division
29 There shall be no entertainment, amplified music, loitering, or
dancing permitted outside of the building. Any entertainment
shall not be allowed on the premises unless the business owner
first obtains an Entertainment Permit.
Police Department
30 The business must obtain an Alcoholic Beverage Control license
from the Department of Alcoholic Beverage Control or use a
Caterer with an ABC license to serve alcohol. Guests are not
allowed to supply their own alcohol.
Police Department
31 No required parking area shall be fenced-off or otherwise enclosed
for outdoor storage uses.
Planning
Department,
Code Enforcement
Division
32 The managers and/or owners 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 &
Building, Code
Enforcement
Division
33 Trash shall not be emptied into outside trash containers between
the hours of 10:00 p.m. to 7:00 a.m. daily.
Planning &
Building,
Code Enforcement
Division
34 The outdoor patio is to be used for smoking only. No alcohol or
food shall be allowed in the patio area. Signs stating “No alcohol
beyond this point” shall be posted at all exit doors. Patrons are not
allowed in the patio area after 10:00 p.m. each night.
Police Department
- 10 - PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
35 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 &
Building, Planning
Services Division
36 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 &
Building, Planning
Services Division
37 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 &
Building,
Planning Services
Division
City of Anaheim
INTERDEPARTMENTAL REVIEW COMMITTEE
To: Lindsay H. Ortega/Planning Department
Case No.: DEV 2016-00107
La Dame Banquet Center
407 S. State College Blvd.
Date: January 5, 2017
From: Lieutenant Brian McElhaney
Anaheim Police Department
Vice, Narcotics and Criminal Intelligence Section Commander
Contact: Name: S.P.S.R. Michele Irwin
Phone: 714-765-1461
Email: mmirwin@anaheim.net
The Police Department has reviewed the above case. Please see the following comments and
conditions for more information:
COMMENTS: Public Convenience and Necessity Information:
The Police Department has received an I.D.C. Route Sheet for DEV 2016-00107. The
applicant is requesting to permit and retain a banquet hall within an existing commercial
building.
The location is in Census Tract Number 863.01 which has a population of 7,474. This
population allows for 8 on-sale Alcoholic Beverage Control licenses and there are 5
licenses in the tract. It also allows for 4 off-sale licenses and there are 4 licenses in the
tract.
This location is within Reporting District 1627 which is 110% above the city average in
crime. There have been 21 calls for service to this location in the last year and they
consisted of: 18 trespassing, 1 stolen vehicle, 1 assault and 1 assist other department.
The ¼ mile radius surrounding this location is 285% above the city average in crime.
The calls for service primarily consisted of: 61 petty thefts, 28 drug abuse violations, 23
simple assaults and 16 acts of vandalism.
RECOMMENDED CONDITIONS OF APPROVAL:
The Police Department requests the following conditions be placed on the Conditional
Use Permit:
No. Timing Condition Responsible
Department
1.
There shall be no admission fee, cover charge,
nor minimum purchase required. Police Department
ATTACHMENT NO. 2
2.
There shall be no exterior advertising of any kind
or type, including advertising directed to the
exterior from within, promoting or indicating the
availability of alcoholic beverages.
Police Department
3.
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
4.
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
5.
Parking lots, driveways, circulation areas, aisles,
passageways, recesses and grounds contiguous
to buildings, shall be provided with enough
lighting to illuminate and make clearly visible the
presence of any person on or about the premises
during the hours of darkness and provide a safe,
secure environment for all persons, property,
and vehicles onsite.
Police Department
6.
Security measures shall be provided to the
satisfaction of the Anaheim Police Department to
deter unlawful conduct of employees and
patrons, promote the safe and orderly assembly
and movement of persons and vehicles, and to
prevent disturbances to the neighborhood by
excessive noise created by patrons entering or
leaving the premises.
Police Department
7.
There shall be licensed security at all events. At
the conclusion of all events security shall assist
in escorting patrons out to the parking lot in an
orderly and quiet manner.
Police Department
8.
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
9.
Managers / Owners need to call the Department
of Alcoholic Beverage Control and obtain LEAD
(Licensee Education on Alcohol and Drugs
Program) Training for themselves and service
employees. The number is 714-558-4101.
Police Department
10.
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.
Police Department
11.
The petitioner(s) shall be responsible for
maintaining free of litter the area adjacent to the
premises over which they have control.
Police Department
12.
The number of persons shall not exceed the
maximum occupancy load as determined by the
Anaheim Fire Department. Signs indication the
occupant load shall be posted in a conspicuous
place on an approved sign near the main exit
from the room. (Section 25.114(a) Uniform Fire
Code)
Police Department
13.
The door(s) shall be kept closed at all times
during the operation of the premises except in
cases of emergency. Said door(s) not to consist
solely of a screen or ventilated security door.
Police Department
14.
The Petitioner(s) shall post and maintain a
professional quality sign facing the premises
parking lot(s) that reads as follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with
two inch block lettering. The sign shall be in
English and Spanish.
Police Department
15.
The sale of alcoholic beverages for consumption
off the premises shall be prohibited. Police Department
16.
Petitioner(s) shall police the area under their
control in an effort to prevent the loitering of
persons about the premises.
Police Department
17.
There shall be no valet parking allowed. Guests
are to self-park. Police Department
18.
Employees shall park in stalls closest to State
College Boulevard so they do not disturb the
residential area behind the location.
Police Department
19.
Events shall conclude by 10:00pm Sunday thru
Thursday and 12 midnight Friday and Saturday. Police Department
20.
The location must obtain an Alcoholic Beverage
Control license from the Department of Alcoholic
Beverage Control or use a Caterer with an ABC
license to serve alcohol. Guests are not allowed
to supply their own alcohol.
Police Department
21.
Patios are to be used for smoking only. No
alcohol is allowed in the patio area. Signs
stating “No alcohol beyond this point” shall be
posted at all exit doors. Patrons are not allowed
in the patio area after 10:00 pm each night.
Police Department
Concur:
Office of Chief of Police
f:\home\mmirwin\CUP\2016-00107 DEV 407 S State College Banquet Hall.doc
2400 E. Katella Avenue • Suite 800 • Anaheim, CA 92806
www.development‐advisors.com
December 12, 2016 REVISED
Anaheim Planning Department
200 S. Anaheim Boulevard, 1st Floor
Anaheim, CA 92806
To Planning Staff and Planning Commission:
On behalf of Taormina Family Property, LLC and La Dame Banquet Centre, Development
Advisors, LLC is submitting a request for a Conditional Use Permit to permit a banquet hall and
event center at 407 S. State College Blvd.
Current Land Use and Zoning
The project site is zoned General Commercial (C-G) and had a General Plan designation of
Office-Low. Per Anaheim Municipal Code Section 18.08.030, the banquet hall is considered
“Community & Religious Assembly” requiring a conditional use permit.
The operator of La Dame currently operates another banquet and event facility in Anaheim at
the northwest corner of La Palma and Magnolia Avenues. The subject facility at 407 S. State
College Blvd. has been operating for approximately ten (10) years, when the former Sizzler
restaurant closed. The facility is 4,300 square feet with sixty-one (61) on-site parking spaces.
Proposed Operation
Events will occur Sunday through Thursday between the hours of 9 a.m. to 10 p.m.; and Friday
and Saturday 9 a.m. to midnight. Event staff will remain after the venue is closed to clean up
the facility. The types of events that occur at the facility include birthdays, weddings, anniversary
celebrations and other family events. Potential customers may visit the facility during normal
weekly business hours to view the facility and book their event, but no earlier than 9 a.m. There
is one full-time employee for administrative work and to book events; the number of event-
related employees varies depending on the size and type of event, but events are typically
staffed with up five (5) to six (6) employees.
The venue accommodates up to 200 persons with twenty (20) tables with ten (10) chairs per
table. Patrons are allowed to bring their own food or La Dame will cater from its location at
Magnolia and La Palma Avenues. Live entertainment or a DJ is accommodated by a stage
positioned in the northeast corner of the building. The outdoor patio is used by guests to smoke
but events are not hosted on the patio. Security personnel monitor the patio to ensure the door
is closed at all times and to ensure the orderly conduct of persons using the patio to smoke.
The operator is proposing to sell and serve beer wine in conjunction with events at the venue in
lieu of the current practice of allowing patrons to bring or serve their own alcohol. No outside
ATTACHMENT NO. 3
alcohol will be allowed on the premises. This will be communicated to persons when they book
the venue for an event.
There are twelve (12) security cameras strategically positioned throughout the premises to
monitor events. Security will be mandatory for each event and will include four (4) security
guards. The security detail for each event will include two (2) inside the building, and one (1)
each at the door and parking lot. The security plan requires personnel to move everyone out of
the building at the conclusion of the event, prevent re-entry, and prevent congregation and/or
disputes in the parking lot. The objective is to move patrons from the venue to their cars and
disperse them from the premises immediately following the conclusion of the event. Listed
below are some recent events typically of those held at the facility:
Date: October 07, 2016
Type of Event: Quinceañera
Guests: 150
Vehicle Count: 29 Vehicles
Hours of Event: 2:00pm-12:00am
Date: September 24, 2016
Type of Event: Quinceañera
Guests: 175
Vehicle Count: 33
Hours of Event: 2:00pm-12:00am
Date: September 17, 2016
Type of Event: Quinceañera
Guests: 150
Vehicle Count: 35 Vehicles
Hours of Event: 2:00pm-12:00am
Date: September 10, 2016
Type of Event: Wedding
Guests: 200
Vehicle Count: 39 Vehicles
Hours of Event: 2:00pm-12:00am
Submittal Package
Listed below is a summary of the items included in the submittal package as required by
Anaheim's Development Application Submittal Checklist:
1. Completed Development Application and Deposit Form
2. Completed Environmental/Project Information Form
3. Photographs of project site and surrounding area (digital)
4. Grant Deed and Tax Bill
5. Site Plan, Floor Plan, and Elevations (15 copies)
Taormina Family Property, LLC respectfully requests approval of its application. Should you
have any questions regarding this request, please feel free to contact me at (714) 606-7208 or
greg@development-advisors.com.
Sincerely,
Greg McCafferty, Principal
Development Advisors, LLC
SITE PHOTOS
Figure 1: View looking east
Figure 2: Parking Lot Looking North
ATTACHMENT NO. 4
Figure 3: View looking south
Figure 4: View looking south at the patio
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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: MARCH 6, 2017
SUBJECT: CONDITIONAL USE PERMIT NO. 2011-05550A, VARIANCE
NO. 2012-04914A, AND FINAL SITE PLAN NO. 2011-00001A
LOCATION: 1650 South Harbor Boulevard (Grand Legacy at the Park Hotel)
APPLICANT/PROPERTY OWNER: The applicant and business owner is Brandon
Garr and the property owner is Garr Properties, Inc., represented by Eve Nober.
REQUEST: The applicant requests to amend the previously-approved conditional
use permit, variance and final site plan for a 199-room* hotel, to allow the hotel’s
restaurant to be open to the public, with accessory entertainment, an admission charge
and fewer parking spaces than are required by the Zoning Code.
*The request was originally advertised as a 185-room hotel.
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 an amendment to Conditional Use Permit No. 2011-
05550, Variance No. 2012-04914 and Final Site Plan No. 2011-00001 under the
conditions imposed.
BACKGROUND: This 3.46-acre property is located on Harbor Boulevard
immediately north of a Southern California Edison (SCE) easement. The property is
developed with the 199-room Grand Legacy at the Park Hotel. The hotel includes six
ground floor retail and fast food tenant spaces, and a roof-top restaurant and bar. In
addition, a Tony Roma’s restaurant is located on the property in a separate building
from the hotel. The site is within the Anaheim Resort Specific Plan (ARSP) and is
designated for Commercial Recreation land uses by the General Plan. Surrounding
land uses include a hotel to the north; SCE easement to the south; a Disney surface
parking lot to east; and Disney’s California Adventure theme park to the west, across
Harbor Boulevard.
A Conditional Use Permit (CUP), Variance and Final Site Plan (the project’s
“entitlements”) were approved for the remodel and expansion of the hotel in October
2012. In the ARSP, a CUP is required in order to expand a legal non-conforming use
or structure. The Variance request included a narrower setback and less parking than
required by the Code. As part of the project, a 3,680 square foot sun deck for hotel
guests was approved on the new building adjacent to Harbor Boulevard. During the
construction phase, the applicant requested to expand the sun deck to encompass the
entire roof area and provide a bar and food-service as an amenity for hotel guests.
CONDITIONAL USE PERMIT NO. 2011-05550A, FINAL SITE PLAN NO. 2011-00001A AND
VARIANCE NO. 2012-04914A
March 6, 2017
Page 2 of 6
Once the project was completed, the restaurant portion was made available to the general public
and was not limited to hotel guests as originally planned. Staff became aware of the change in
use from private to public when the business owner came in for a business license for the
restaurant, named The Fifth. Upon learning about the change in use, staff requested the business
owner to modify the project’s entitlements. The Fifth has been operating since June 2016 and no
issues with the restaurant operation have been reported to staff.
PROPOSAL: The applicant proposes to permit and retain a 6,315 square foot roof-top
restaurant and bar (“The Fifth”) on an existing four-story hotel. The Fifth operates from 5 p.m.
until 11 p.m. on weekdays and from 5 p.m. until 1 a.m. on weekends. A full menu is offered and
the business operates under a Type 47 (On-Sale General for Bona Fide Public Eating Place)
license. Before 10 p.m., the business operates as a full-service restaurant serving families and
guests of all ages. After 10 p.m., the business only admits guests aged 21 and over. Additionally,
an admission charge is imposed on Friday and Saturday nights. Musical entertainment is also
typically offered on weekends. Guests of the hotel are never charged a fee for entry.
Vehicle access to the site is provided via two driveways on Harbor Boulevard; one driveway is
located between the hotel building and Tony Roma’s and the other driveway goes under the
upper levels of the building to the guest drop off area. Valet service is provided for guests
parking on the property and a total of 195 parking spaces are provided on-site. Pedestrian access
to the restaurant is through the hotel lobby, where restaurant patrons take an elevator to the roof.
When a cover charge is assessed, it is collected in the lobby prior to entering the elevator. A
hostess stand is located on the roof to seat guests of the restaurant. The kitchen serving the
restaurant is located on the second floor, which also serves as the kitchen for the breakfast area.
Roof-top Restaurant
CONDITIONAL USE PERMIT NO. 2011-05550A, FINAL SITE PLAN NO. 2011-00001A AND
VARIANCE NO. 2012-04914A
March 6, 2017
Page 3 of 6
FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each
requested action:
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.
CONDITIONAL USE PERMIT NO. 2011-05550A, FINAL SITE PLAN NO. 2011-00001A AND
VARIANCE NO. 2012-04914A
March 6, 2017
Page 4 of 6
Restaurants, including restaurants that serve alcohol, are permitted by right in the ARSP.
However, a conditional use permit is required if the restaurant includes accessory entertainment
and an admission charge. Staff believes that the proposed entertainment and admission charge in
the evenings would be compatible with other businesses in the surrounding area, which include
theme parks, restaurants and hotels.
The Police Department has submitted the attached memorandum, dated February 17, 2017,
indicating their support of the request. Police Department staff has recommended various
conditions of approval, including having a security plan approved by the Police Department, that
there is no requirement to purchase a minimum number of drinks, and a limit on the number of
guests for six months in order for staff to review the operations. The applicant and staff have
agreed on a limit of 252 guests for the initial six-month period. If staff determines that the
business has been operating without negative impacts to the surrounding community, the rooftop
restaurant would be limited to a maximum occupancy of 355 people, per Building and Fire
requirements. The recommended conditions have been incorporated into the draft resolution.
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.
CONDITIONAL USE PERMIT NO. 2011-05550A, FINAL SITE PLAN NO. 2011-00001A AND
VARIANCE NO. 2012-04914A
March 6, 2017
Page 5 of 6
The applicant is proposing to provide 195 parking spaces; the Code requires 286 parking spaces
for the hotel, restaurants, and retail space, based on the following:
Use Parking Ratio Size Required Parking
Hotel 0.8 space/guest room and 0.25 space per employee 199 rooms/20 employees 164
Tony Roma’s full
service restaurant
8 spaces/1,000 square feet 7,300 square feet 58
Take out restaurants 5.5 spaces/1,000 square feet 2,001 square feet 11
Retail 1 space/1,000 square feet 1,708 square feet 2
The Fifth full
service restaurant
8 spaces/1,000 square feet 6,315 square feet 51
Total 286
A Parking Demand and Shared Parking Analysis, dated January 5, 2017 was prepared by LSA
Associates. The analysis considered the location of the hotel and restaurant along a heavily
trafficked pedestrian corridor and that the fee for parking a vehicle overnight would deter some
hotel guests from bringing a vehicle when checking in. LSA applied reductions based on studies
conducted for other hotels and restaurants in the immediate vicinity with similar characteristics.
In addition, LSA conducted a shared parking analysis that took into consideration the varied peak
demand times of each of the on-site uses. The analysis found that the maximum number of
parking spaces required for peak parking periods would be 195 spaces. The peak demand amount
is the same as the amount currently provided on-site and proposed by the applicant.
In addition to the factors analyzed in the parking study, the business owner has implemented
additional measures to reduce the demand for parking on the property. The owner has recently
joined the Anaheim Transportation Network, which runs the Anaheim Resort Transit (ART)
buses; a future ART bus stop is planned in front of the hotel. Participation in this system will help
to bring guests from other areas of the Resort who would otherwise drive to the restaurants.
Additionally, The Fifth offers a discount to customers who arrive by rideshare services, such as
Uber of Lyft.
The property is located on a segment of Harbor Boulevard on which no on-street parking is
allowed. Additionally, surrounding properties developed with hotels and restaurants consistently
control access and parking because of the proximity to the Disneyland Resort. Therefore, the
project would not impact the public streets or surrounding properties. Based on the results of the
parking analysis and the additional operational characteristics proposed by the applicant, which
are included as conditions in the draft resolution, staff recommends approval of the requested
parking variance.
Final Site Plan: The applicant requests an amendment to the approved final site plan to continue
to operate a restaurant and bar that is open to the public. 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:
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;
CONDITIONAL USE PERMIT NO. 2011-05550A, FINAL SITE PLAN NO. 2011-00001A AND
VARIANCE NO. 2012-04914A
March 6, 2017
Page 6 of 6
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.
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. A final site plan was approved for the recent remodel and expansion of the
hotel. Staff has determined that the changes made to the approved project, which include the new
restaurant and bar, continue to be in compliance with the ARSP. Staff has reviewed the conditions
of approval that were applied to the hotel remodel and expansion project and proposes that the
conditions that have already been complied with be deleted. Any existing operational conditions
associated with the hotel would remain on the permit and the new conditions pertaining to the
restaurant cover charge, entertainment, and parking variance would be added. Staff recommends
approval of the proposed final site plan.
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., 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: The addition of the new roof-top restaurant and bar is compatible with the
surrounding area and consistent with the goals and policies of the ARSP, which are intended to
supply visitor serving uses and establish a unified identity within The Anaheim Resort. The
requested parking variance is justified due to the high pedestrian activity in the immediate area and
the shared parking analysis conducted by LSA. Therefore, staff recommends approval of the
requested amendment to the conditional use permit, parking variance and final site plan.
Prepared by, Submitted by,
Elaine Thienprasiddhi Jonathan E. Borrego
Senior Planner Planning Services Manager
Attachments:
1. Draft Resolution
2. Previously-Approved Resolution
3. Letter of Request
4. Police Department Memorandum
5. Parking Study
6. Plans
7. Photos
SP 92-2DA1BEST WESTERNPARK PLACE HOTEL SP 92-2DA1VACANT
SP 92-2DA1GRAND LEGACYAT THE PARK HOTEL
SP 92-1DA5ANAHEIM PLAZAHOTEL
SP 92-1DA5GARDENWALK
SP 92-1DA3APARKING LOT
SP 92-1DA1CALIFORNIA ADVENTURE
SP 92-1DA3ASOUTHERN CALIFORNIA EDISON CO. EASEMENT
SP 92-2DA1PARK VUE INN
SP 92-2DA1IHOP
SP 92-2DA1ANAHEIM DESERT INN & SUITESSP 92-2DA1DENNY'S
SP 92-2DA1ANAHEIM DEL SOL INNSP 92-2DA1ANAHEIM INN
SP 92-1DA1CALIFORNIA ADVENTURE
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[DRAFT] ATTACHMENT NO. 1
- 1 - PC2017-***
RESOLUTION NO. PC2017-***
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2011-05550,
VARIANCE NO. 2012-04914 AND FINAL SITE PLAN NO. 2011-00001
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2011-00011A)
(1640-1650 SOUTH HARBOR BOULEVARD)
WHEREAS, on October 8, 2012, and subject to certain conditions of approval, the
Anaheim Planning Commission (hereinafter referred to as the "Planning Commission"), by its
Resolution No. PC2012-072, did approve Conditional Use Permit No. 2011-05550, Variance No.
2012-04914 and Final Site Plan No. 2011-00001 to demolish 24 existing motel rooms and
construct 37 new motel rooms to an existing 186 room motel including the addition of
approximately 800 square feet of retail space (the “Original Project”) with a variance from
interior setback requirements and fewer parking spaces than required by the Anaheim Municipal
Code (herein referred to as the "Code"), located at 1640-1650 South Harbor Boulevard in the City
of Anaheim, County of Orange, State of California, as more particularly described on Exhibit A,
attached hereto and incorporated herein by this reference (the “Property”); and
WHEREAS, the Planning Commission did receive a verified petition to approve an
amendment to Conditional Use Permit No. 2011-05550, Variance No. 2012-04914 and Final Site
Plan No. 2011-00001 for a 199-room hotel, to allow the hotel’s restaurant to be open to the
public, with accessory entertainment, a cover charge (the “Project”) with fewer parking spaces
than are required by the Code; and
WHEREAS, the Property, consisting of approximately 3.46-acres, is developed with the
Grand Legacy at the Park Hotel. The Anaheim General Plan designates the Property for
Commercial Recreation land uses. The Property is located within the boundaries of the
Commercial Recreation (C-R) District (Development Area 1) of the Anaheim Resort Specific
Plan area and is subject to the zoning and development standards set forth in Section 18.116.060
(Development Density Areas – Commercial Recreation (C-R) District (Development Area 1))
and 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 Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 6, 2017 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 said proposed
Conditional Use Permit No. 2011-05550A, Variance No. 2012-04914A and Final Site Plan No.
2011-00001A and to investigate and make findings and recommendations in connection
therewith; and
- 2 - PC2017-***
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 (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, 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 Conditional Use Permit No. 2011-05550A does find
and determine the following:
1. The request to permit and retain an existing restaurant with accessory entertainment
and cover charge is properly one for which a conditional use permit is authorized by 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); and
2. The use will not adversely affect the adjoining land uses, or the growth and
development of the area in which it is located because the restaurant is located on the roof of the
existing hotel and no expansion of the existing hotel is proposed; and
3. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular area or
health and safety because the restaurant is located on the roof of an existing hotel and no
expansion of the existing hotel is proposed.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the 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 offices in the area and would not pose a
health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the Planning Commission does further find and determine that the variance
request for fewer parking spaces than required by the Code should be approved for the following
reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(286 spaces required; 195 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
- 3 - PC2017-***
foreseeable conditions of operation of such use because a parking study was prepared by LSA
Associates which determined that the proposed number of parking spaces for the project is
sufficient to accommodate the new restaurant. The parking study indicates that 195 parking
spaces is the peak demand for all uses on the property, based on a parking demand reduction and
shared parking analysis;
2. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use because the on-site parking will adequately accommodate the parking demands
of the new restaurant and all existing uses on the property and on-street parking is not permitted
on this segment of Harbor Boulevard;
3. That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use because the on-site parking will adequately accommodate the parking demands of
the hotel and surrounding properties developed with hotels and restaurants consistently control
access and parking because of the proximity to the Disneyland Resort;
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the Property and are designed to allow
for adequate on-site circulation; and
5. That the variance, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use because the project site has existing ingress or egress access points that are
designed to allow adequate on-site circulation and therefore will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the hotel
uses.
WHEREAS, the Planning Commission does find and determine that the request for a
Final Site Plan for the Proposed Project 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. 92-2 and is consistent with the
zoning and development standards of said Specific Plan, as described in Chapter 18.116 of the
Code.
2. The design and layout of the Proposed Project will not interfere with the use and
enjoyment of neighboring existing or future developments, and will not create traffic or
pedestrian hazards.
3. The architectural design of the Proposed Project is compatible with the character
of the surrounding hotels and development located within the land area of the Anaheim Resort
Specific Plan.
- 4 - PC2017-***
4. The design of the Proposed Project will provide a desirable environment for its
occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture
and color, and will remain aesthetically appealing and be appropriately maintained.
5. The Proposed Project will not be detrimental to the public health, safety or
welfare, or materially injurious to the properties or improvements in the vicinity of the Proposed
Project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2011-05550A, Variance No. 2012-04914A and Final Site
Plan No. 2011-00001A 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 Original CUP and Conditional Use Permit No. 2011-05550A,
Variance No. 2012-04914A and Final Site Plan No. 2011-00001A shall be to the Revised
Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern
the Original CUP, as amended by Conditional Use Permit No. 2011-05550A, Variance No.
2012-04914A and Final Site Plan No. 2011-00001A.
BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to
the uses permitted under Conditional Use Permit No. 2011-05550A, Variance No. 2012-04914A
and Final Site Plan No. 2011-00001A 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 that relate to the uses permitted under Conditional Use Permit No. 2011-
05550A, Variance No. 2012-04914A and Final Site Plan No. 2011-00001A 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. 2011-05550A, Variance
No. 2012-04914A and Final Site Plan No. 2011-00001A 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.
- 5 - PC2017-***
BE IT FURTHER RESOLVED that approval Conditional Use Permit No. 2011-05550A,
Variance No. 2012-04914A and Final Site Plan No. 2011-00001A constitutes approval of the
proposed request only to the extent that they comply 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
March 6, 2017. 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 City Council
Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2017-***
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 March 6, 2017, by the following vote of
the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of March,
2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 7 - PC2017-***
- 8 - PC2017-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2011-05550A
VARIANCE NO. 2012-04914A AND
FINAL SITE PLAN NO. 2011-00001A
(DEV2011-00011A)
NO.
CONDITIONS OF APPROVAL
(Conditions with an “MM” are Mitigation Measures carried over from the
hotel expansion, the “Original Project,” that continue to be applicable.)
RESPONSIBLE
DEPARTMENT
ONGOING DURING PROJECT OPERATION - HOTEL
1 The property owner shall join and financially participate in a clean fuel shuttle
program, aka Anaheim Resort Transportation, and shall participate in the Anaheim
Transportation Network (ATN)/Transportation Management Association 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.
The applicant 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.
Public Works
Department, Traffic
and Transportation
Division
2 The property owner/developer shall implement measures to reduce emissions to the
extent practical, schedule goods movement for off-peak traffic hours, and use clean
fuel for vehicles and other equipment, as practicable. MM III-1
Public Works
Department, Traffic
and Transportation
Division
3 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. MM VIII-3
Public Works
Department,
Development
Services Division
4 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. MM XIV-10
Police Department
5 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.
Police Department
6 All landscaping for projects located within the Proposed Project shall utilize drought
tolerant plant materials within a plant factor of 0.5 or less pursuant to the publication
entitled “Water Use Classification of Landscape Species” by the U.C. Cooperative
Extension, August 2000. MM XVII-1
Planning and
Building Department,
Planning Services
Division
7 All new development within the Proposed Project shall include water efficient
design features including, but not limited to (as applicable to the type of
development at issue) waterless water heaters, waterless urinals, automatic on and
off water facets, and water efficient appliances. MM XVII-2
Planning and
Building Department,
Planning Services
Division
- 9 - PC2017-***
NO.
CONDITIONS OF APPROVAL
(Conditions with an “MM” are Mitigation Measures carried over from the
hotel expansion, the “Original Project,” that continue to be applicable.)
RESPONSIBLE
DEPARTMENT
8 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. MM XVII-13
Public Works, Streets
and Sanitation
Division
9 All entrances to parking areas shall be posted with appropriate signs per 22658(a)
C.V.C., to assist in removal of vehicles at the property owners/managers request.
Police Department
10 “No Trespassing 602(k) P.C.” posted at the entrances of parking lots/structures and
located in other appropriate places. Signs must be at least 2’ x 1’ in overall size, with
white background and black 2” lettering.
Police Department
ONGOING DURING PROJECT OPERATION – ROOF TOP RESTAURANT
11 The use of valet parking services permits the stacking of vehicles, provided that
vehicles do not encroach into required emergency vehicle access routes.
Planning and
Building Department,
Planning Services
Division
12 The operator shall offer an incentive to patrons who arrive at the property by taxi or
other rideshare service.
Planning and
Building Department,
Planning Services
Division
13 The maximum occupancy shall be limited to 252 guests for a period of six months. Six
months following approval of this permit, the Police Department and Planning and
Building Department shall review any calls for service and/or Code Enforcement
activity attributed to the rooftop restaurant. If the Police Department and Planning and
Building Department determine that the business is operating without negative
impacts to the surrounding area, the 252 guest limit shall be removed and occupancy
shall be limited to the maximum allowed by the Building and Fire codes.
Planning and
Building Department,
Planning Services
Division
Police Department
14 A security plan must be submitted to the Chief of Police or his designee within 30
days of this approval.
Police Department
15 Security measures shall be provided to the satisfaction of the Anaheim Police
Department to deter unlawful conduct of employees and patrons, promote the safe and
orderly assembly and movement of persons and vehicles, and to prevent disturbances
to the neighborhood by excessive noise created by patrons entering or leaving the
premises.
Police Department
16 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. (Section 4.16.070
Anaheim Municipal Code)
Police Department
17 The business shall not be operated in such a way as to be detrimental to the public
health, safety or welfare.
Police Department
- 10 - PC2017-***
NO.
CONDITIONS OF APPROVAL
(Conditions with an “MM” are Mitigation Measures carried over from the
hotel expansion, the “Original Project,” that continue to be applicable.)
RESPONSIBLE
DEPARTMENT
18 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
19 Managers, owners, and wait staff need to call the Department of Alcoholic Beverage
Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program)
Training. The contact number is 714-558-4101.
Police Department
20 The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police Department
21 Signs shall be posted by the rooftop elevator doors stating “No alcoholic beverages
allowed past this point.”
Police Department
22 Bottle service is not allowed. Police Department
23 There shall be no requirement to purchase a minimum number of drinks. Police Department
24 The licensee(s) shall not maintain or construct any type of enclosed room intended for
use by patrons or customers for any purpose on the rooftop deck.
Police Department
25 All patrons are to have their I.D. checked at the door and staff shall not allow
obviously intoxicated guests in.
Police Department
26 All entertainers, employees and patrons shall be clothed in such a way as to not expose
"specified anatomical areas" as explained in Anaheim Municipal Code 7.16.060.
Police Department
GENERAL CONDITIONS
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 and
Building
Department,
Planning Services
Division
28 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
29 The Applicant shall defend, indemnify, and hold harmless the City and its officials,
officers, employees and agents (collectively referred to individually and collectively
as “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
ATTACHMENT NO. 2
ATTACHMENT NO. 3
ATTACHMENT NO. 4
1/5/17 (P:\AHM1602\Shared Parking Letter2.docx)
BERKELEY
CARLSBAD
FRESNO
IRVINE
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROCKLIN
SAN LUIS OBISPO
20 Executive Park, Suite 200, Irvine, California 92614 949.553.0666 www.lsa.net
January 5, 2017
Ms. Elaine Thienprasiddhi
City of Anaheim
200 South Anaheim Boulevard, Suite 162
Anaheim, California 92805
Subject: 1650 South Harbor Boulevard Reduced Parking Demand and Shared Parking (LSA Project
No. AHM1602)
Dear Ms. Thienprasiddhi:
LSA is pleased to submit this analysis of shared parking at 1650 South Harbor Boulevard in the City
of Anaheim (City). In 1974, the operations of two adjacent properties were combined and
improvements were made reflecting the combined operation. A single hotel has operated at 1650
South Harbor Boulevard since the 1974 combination. The hotel has rebranded as part of the current
refurbishment and is now known as the Grand Legacy at the Park; prior to that, it was the Ramada
Maingate at the Park. Because of its history as two parcels, the property currently has two
driveways on Harbor Boulevard.
A 7,300-square foot (sf) restaurant, Tony Roma’s, is located on the northern parcel near Harbor
Boulevard. Six suites for retail shops or take-out restaurants are also located along the Harbor
Boulevard frontage. These suites total 3,709 sf. Due to the site’s prominent location along a high-
volume pedestrian corridor within the Anaheim Resort, walking is a primary travel mode to the on-
site retail and restaurants and for hotel guests to off-site restaurants. As such, this parking analysis
takes into account restaurant patrons that do not park a vehicle on site.
The refurbishment completed in 2016 reconstructed a portion of the building along Harbor
Boulevard. The refurbishment reconstructed the 3,709 sf of commercial space, added suites to the
existing hotel for a total of 199 keys, and constructed a rooftop restaurant/bar/lounge totaling 6,315
sf. Prior to beginning construction, the hotel operator commissioned a parking study to determine
whether the proposed development could be accommodated within the remaining surface parking
lot (195 striped spaces).
Previous Parking Study
A parking demand/shared parking analysis was prepared in August 2010 as part of the planned
renovation and expansion of the hotel. That parking study had analyzed a total of 202 hotel rooms,
4,553 sf of commercial space, and 197 parking spaces. However, more suites and fewer total rooms
were constructed, less commercial space was included in the final design, and two areas planned to
be used for parking did not meet the City’s design criteria. Parking data collected at the hotel in
2008, 2009, and 2010 informed the parking study and was used to justify a reduction in the parking
ATTACHMENT NO. 5
1/5/17 «P:\AHM1602\Shared Parking Letter2.docx» 2
rate applied to the hotel rooms. The parking study concluded that the surface parking lot would
provide sufficient parking capacity.
A rooftop guest lounge area was included in the plans reviewed and approved in 2010. During
construction of the remodeled hotel, plans were subsequently modified to expand the rooftop area
and provide food and beverage service for guests. Since completing construction and opening the
rooftop restaurant/bar/lounge, it has been determined that hotel guests alone cannot support the
new amenity. The applicant is requesting to open the rooftop restaurant/bar/lounge to the general
public, which has the potential to increase parking demand.
Parking Demand
The off-street parking requirements found in Anaheim Municipal Code (AMC) Section 18.42.040
apply to the proposed project. The off-street parking requirements established in AMC Section
18.42.040 state that hotels must provide 0.8 space per guest room and 0.25 space per employee in
guest room areas. A full-service restaurant integrated into a hotel complex would require 8 spaces
per thousand square feet (TSF), a takeout restaurant would require 5.5 spaces per TSF, and retail
space would require 1.0 space per TSF. Table A presents the off-street parking spaces required per
the AMC and shows straight application of the AMC would require 286 parking spaces. The project
provides 195 striped parking spaces, which is a 32 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 199 Room 159
Hotel – Employee 0.25 space/employee 20 Employee 5
Tony Roma’s – Integrated
Full Service Restaurant 8 spaces/TSF 7.3 TSF 58
Restaurant – Take Out
(integrated) 5.5 spaces/TSF 2.001 TSF 11
Retail Sales (integrated) 1 space/TSF 1.708 TSF 2
Rooftop Restaurant 8 spaces/TSF 6.315 TSF 51
TOTAL 286
TSF = thousand square feet
Parking Variance
When seeking a variance from the parking requirements established by 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
1/5/17 «P:\AHM1602\Shared Parking Letter2.docx» 3
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]);
• 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.
Reduced Parking Demand and Shared Parking
The project site is at the northeast corner of Harbor Boulevard/Disney Way along a heavily trafficked
pedestrian corridor. Some of the customers for the on-site restaurants will be guests at other hotels.
Those customers have the option to travel to the project site by walking, by using the Anaheim
Resort Transportation network, or by using a taxi or rideshare service. As such, the parking rate
generated by restaurants integrated into the proposed hotel is anticipated to be lower than the
parking rate for hotels elsewhere in the City. LSA examined parking studies conducted for nearby
uses and found that the use of alternative travel modes (e.g., walking and transit) in this area could
result in a 55 percent reduction in parking demand for high-turnover restaurants (such as Tony
Roma’s), a 50 percent reduction in parking demand for retail, and a 45 percent reduction in parking
demand for quality restaurants (such as the rooftop restaurant).
It is logical to believe that not all hotel guests will register a vehicle with their rooms because of the
proximity to Disneyland and the anticipated additional cost for overnight parking at the hotel. The
hotel requires guests checking in with a vehicle to register vehicles and pay an additional charge for
overnight parking. The application of an additional charge results in a record in the hotel register of
how many guests check in with a vehicle. LSA queried these records to determine the most recent
parking rate for the hotel. At the time check-in data was queried, the cost for overnight parking was
$5. The cost has since increased to $15, which is similar to the cost of overnight parking at other
hotels between Disney Way and Manchester Avenue. The new parking rate is identified on the
hotel’s website. The data revealed that, on average, 76 percent of the guests paying for a hotel
room also paid for a parking space. When combined with average room occupancy the data showed
that the annual average parking demand generated by the hotel is 0.7 spaces per room. However,
instead of applying the average rate, LSA selected to apply the 85th percentile rate of 0.76 space per
room.
1/5/17 «P:\AHM1602\Shared Parking Letter2.docx» 4
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 parking reductions and 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.
Table B identifies that peak parking demand for the site is anticipated to occur in the late evening
when most hotel guests have returned with their vehicles and customers of the rooftop restaurant/
bar/lounge may still be on site. At this time, the available parking supply is anticipated to be fully
utilized. In other words, the site provides 195 parking spaces and the analysis shows that at the time
of peak parking demand (11:00 p.m.) the site will generate parking demand for 195 parking spaces.
Valet Parking Plan
The hotel plans to offer valet service at all times as an amenity for hotel guests and customers of the
commercial uses. The presence of valet attendants ensures that the parking spaces on this site will
only be used to access the site’s land uses. Valet operations would ensure full utilization of the
available parking supply and may increase capacity through the efficient location of vehicles.
Although valet attendants will always be present, this parking analysis does not take into account
any potential increase in parking supply.
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 shared parking
methodology forecasts the maximum parking demand to be 195 parking spaces. The site
provides 195 parking stalls. Therefore, the project 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.
Parking is not permitted on public streets within the immediate vicinity of the project. 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
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830 500 1140 890 245ROOF TYPE A ROOF TYPE BROOF TYPE
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ROOF & SUN DECK SUMMARYSUN DECK AREA 2120 + 1350 + 1540 + 320 SF =5,330 SFROOF AREA WITH FIRESTONE EPDM RUBBERGUARD ECOWHITE CLASS A FULLY ADHERED. (CRCC RATED at 0.80 SRI)TREMCOBURMAROOF AREA WITH FIRESTONE EPDM RUBBERGUARD ECOWHITE 1,780 SFCLASS A FULLY ADHERED. (CRCC RATED at 0.80 SRI)ROOF TYPE B ROOF TYPE A2,860 SF (CCRC RATED at 0.80 SRI)2120230ROOF TYPE A SUN DECK1350SUN DECK310TYPE A ROOF1540SUN DECK 360 TYPE A ROOF 135 ROOF TYPE A
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Hotel, Retail and Tony Roma’s Restaurant Facing North
Hotel and Retail Facing East
ATTACHMENT NO. 7
Bar on Roof
Restaurant Seating Area Facing Northwest
Bar Seating Area Facing Southwest
Lounge Chairs, Firepits and Restaurant Seating Facting Northeast
Lounge Chair Seating and Firepit
Rear of Hotel Property Facing East
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 6
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: MARCH 6, 2017
SUBJECT: VARIANCE NO. 2016-05078, FINAL SITE PLAN NO. 2016-00007
AND ADMINISTRATIVE ADJUSTMENT NO. 2016-00391
LOCATION: 100 and 130 West Katella Avenue
APPLICANT/PROPERTY OWNER: The property owner and applicant is Bhavesh
Bhagat, representing Arena Group. The agent is Kevin Sund with Gene Fong
Associates.
REQUEST: The applicant is requesting approval of a Final Site Plan for a five-story,
178-room hotel with a Variance for a shorter entry drive length and an Administrative
Adjustment for fewer parking spaces than required by the 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. 345, are
the appropriate environmental documentation for this request, and approving Variance
No. 2016-05078, Final Site Plan No. 2016-00007, and Administrative Adjustment No.
2016-00391 under the conditions imposed.
BACKGROUND: This 2.06-acre property is comprised of two parcels at the
southwest corner of Katella Avenue and Haster Street. The corner parcel is vacant and
the larger parcel is developed with vacant motel buildings (formerly the Arena Inn &
Suites). The site is located within the Commercial Recreation (C-R) District of the
Anaheim Resort Specific Plan (ARSP) and designated for Commercial-Recreation
land uses by the General Plan. Surrounding land uses include a 7-Eleven convenience
store and future Anaheim Public Utilities electrical substation to the north, across
Katella Avenue; a Disney cast member parking lot to the south; a service station to the
east, across Haster Street; and an Avis car rental to the west.
PROPOSAL: The applicant proposes to demolish the existing hotel buildings and
construct a five-story, 178-room Hampton Inn & Suites hotel. The hotel would include
various guest amenities, including a breakfast room, in which breakfast would be
included in the price of room, meeting room, fitness room, and second level pool deck.
The five-story building would be built at a maximum height of 69 feet, including all
architectural projections. The building is proposed close to the street and oriented
toward the corner. The architectural style is contemporary, emphasizing key areas of
VARIANCE NO. 2016-05078, FINAL SITE PLAN NO. 2016-00007, AND
ADMINISTRATIVE ADJUSTMENT NO. 2016-00391
March 6, 2017
Page 2 of 5
the building with glass, metal, and architectural projections. The predominant exterior finish is
smooth stucco, with the use of glass and metal zinc panels at building focal points.
Vehicle access to the site would be provided by a driveway on each of the abutting streets, both
of which would be limited to right-in and right-out ingress and egress. Vehicular circulation,
including a covered drop-off and loading area, would be located behind the hotel building. There
would be 141 parking spaces provided within a surface parking lot behind the hotel and within a
tuck-under parking area along Katella Avenue. A multi-colored architectural screen comprised
of a series of vertical “fins” is proposed along the base of the building to visually obscure the
tuck-under parking area from the street and to provide visual interest to both pedestrians and
drivers.
Proposed landscaping includes alternating Date Palms and canopy trees along Katella Avenue
and canopy trees along Haster Street and throughout the parking lot. Additional right-of-way
dedication would be provided along Katella Avenue to construct a landscaped parkway behind
the sidewalk. Layered landscaping is proposed in the street setbacks between the public parkway
and building. An outdoor patio is proposed at the corner of the site to supplement the breakfast
area seating.
VARIANCE NO. 2016-05078, FINAL SITE PLAN NO. 2016-00007, AND
ADMINISTRATIVE ADJUSTMENT NO. 2016-00391
March 6, 2017
Page 3 of 5
FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each
requested action:
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 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 ARSP requires that a hotel with 120 parking spaces or more have a 100-foot long entry
drive. The purpose of this requirement is to preclude a car from backing out of a stall and
blocking an entry drive, resulting in a backup of vehicles onto the public right-of-way. The 100-
foot requirement may be split between multiple driveways if more than one entry drive is
proposed. The proposed project includes two entry drives, each with a length of 40 feet, for a
total of 80 feet.
The subject property is small and shallow, with a depth of approximately 180 feet after land is
dedicated for right-of-way widening purposes. Additionally, access gates are typical for hotels
in the Resort area to ensure that parking is limited to guests of the hotel. In the case of the
proposed driveway on Katella Avenue, a longer entry drive would cause the gate location to
restrict vehicles entering the site from turning into the tuck-under parking area. In the case of the
driveway on Haster Street, a longer entry drive would cause the gate location to restrict internal
vehicular circulation when a sanitation truck is on-site emptying the trash bins.
A Traffic Impact Analysis was prepared for the proposed development and based on the number
of vehicles anticipated to enter the site during the peak hour, the proposed gate locations with a
shorter entry drive length would not cause a backup onto the public right-of-way. There is
available stacking for two vehicles at each driveway and up to 16 vehicles are expected to enter
either driveway during the peak hour; one car would enter about every three to four minutes.
Parking Administrative Adjustment: An administrative adjustment 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;
VARIANCE NO. 2016-05078, FINAL SITE PLAN NO. 2016-00007, AND
ADMINISTRATIVE ADJUSTMENT NO. 2016-00391
March 6, 2017
Page 4 of 5
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 proposed project requires 150 parking spaces and 141 spaces are proposed. This is a
deviation of less than 10% from the Code requirement, which is typically reviewed
administratively by staff. However, when this type of minor deviation is 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 94% of the
required parking spaces and the property is located in close proximity to major Anaheim Resort
destinations. Many guests staying at the hotel would arrive by taxi, shuttles, or ride share
vehicles, rather than arriving by personal vehicle. Additionally, like all new hotels in The
Anaheim Resort, the hotel is required to participate in the Anaheim Transportation Network
which operates the Anaheim Resort Transit buses.
Final Site Plan: The applicant requests approval of a final site plan to construct the proposed
hotel development. 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:
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.
VARIANCE NO. 2016-05078, FINAL SITE PLAN NO. 2016-00007, AND
ADMINISTRATIVE ADJUSTMENT NO. 2016-00391
March 6, 2017
Page 5 of 5
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 variance for the entry drive length and parking adjustment, the project
complies with all applicable provisions of the ARSP. Additionally, Mitigation Monitoring Plan
No. 345 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 final site plan.
Environmental Impact Analysis: Previously-certified MEIR No. 313 and SEIR No. 340 were
prepared to analyze the environmental impacts associated with implementation of the ARSP.
An environmental checklist has been prepared for the proposed project pursuant to the
California Environmental Quality Act (CEQA) to determine if the environmental impacts
associated with the proposed project were adequately analyzed by the previously-certified EIRs.
The analysis in the checklist determined that because the project is consistent with the ARSP,
the project has already been adequately analyzed for purposes of CEQA. Mitigation Monitoring
Plan No. 345 has been prepared for this project with all applicable mitigation measures from
MEIR No. 313 and SEIR No. 340. The mitigation monitoring plan 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.
CONCLUSION: The proposed development is consistent with the goals and policies of the
ARSP. The proposed hotel project would redevelop a blighted property at a key gateway into
the Anaheim Resort and represents a significant positive investment in the area. Therefore, staff
recommends approval of the requested final site plan, variance and administrative adjustment.
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 Justification Letter
5. Parking Justification Letter
6. Final Site Plan Memorandum
7. Development Plans
8. Photos
9. Initial Study and Mitigation Monitoring Plan No. 345
SP 92-2ARENA INN & SUITES
SP 93-1 HOTEL CIRCLELA QUINTAINN & SUITES SP 93-1 HOTEL CIRCLEWORLDMARK
SP 93-1 HOTEL CIRCLEEXTENDED STAYAMERICA
RM-4MEL ALMAAPARTMENTS90 UNITS
SP 92-2DA1SERVICESTATION
SP 92-2DA1RENT-A-CAR
SP 92-2DA1RETAIL
SP 93-1 HOTEL CIRCLEPEACOCKSUITESRESORTHOTEL
SP 92-2DA1VACANT
SP 92-2 (MHP)DA1cSP 92-2DA1PARKING LOT
SP 92-1DA4PARKING LOT
SP 92-2DA1PARKING LOT SP 92-2DA1RETAIL
SP 92-2DA1AMERICANLINENSUPPLY
SP 92-1DA4PARKING LOT
SP 92-2DA1VACANT
S P 9 2 -2
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Subject Property APN: 137-311-18137-311-16
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ATTACHMENT NO. 1
DEVELOPMENT SUMMARY
Development Standard Proposed Project ARSP Standards
Site Area 2.06 acres ---
Density 178 rooms 205 rooms maximum
Street Setbacks
Katella Avenue
Haster Street
11 feet
21 feet
11 feet minimum
20 feet minimum
Front Setback Tree Density1
Katella Avenue
Haster Street
1,750 points
1,100 points
1,090 points minimum
690 points minimum
Interior Setback Tree Density1
3,000 points
3,000 points minimum
Building Height 69 feet 180 feet maximum
Parking 141 spaces2 150 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 An administrative adjustment is requested by the applicant to deviate from the parking standard.
[DRAFT] ATTACHMENT NO. 2
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RESOLUTION NO. PC2017-***
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. 2016-05078,
FINAL SITE PLAN NO. 2016-00007 AND ADMINISTRATIVE
ADJUSTMENT NO. 2016-00391 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2016-00034)
(100-130 WEST KATELLA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the “Planning Commission”) did receive a verified Petition for Variance No. 2016-05078, Final
Site Plan No. 2016-00007 and Administrative Adjustment No. 2016-00391 to construct a five-
story, 178-room hotel with a shorter entry drive length and an Administrative Adjustment for
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 100-130 West
Katella Avenue in the City of Anaheim, County of Orange, State of California, as generally
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the
“Property”); and
WHEREAS, the Property, consisting of approximately 2.06 acres, is comprised of a
vacant parcel and a larger parcel developed with vacant motel buildings (formerly the Arena Inn
& Suites). The Anaheim General Plan designates the Property for Commercial Recreation land
uses. The Property is located within the boundaries of the Commercial Recreation (C-R) District
(Development Area 1) of the the Anaheim Resort Specific Plan area and is subject to the zoning
and development standards set forth in Section 18.116.060 (Development Density Areas –
Commercial Recreation (C-R) District (Development Area 1)) and 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 Title 18 (Zoning)
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 the Master Environmental Impact Report for the Anaheim Resort Specific Plan
(“MEIR No. 313”) by the adoption on September 20, 1994 of its Resolution No. 94R-234; and
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WHEREAS, by Resolution No. 2012-158, the City Council certified Final Supplemental
Environmental Impact Report No. 2008-00340 for Amendment No. 14 to the Anaheim Resort
Specific Plan ("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 March 6, 2017 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. 2016-05078, Final Site
Plan No. 2016-00007 and Administrative Adjustment No. 2016-00391 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;
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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. 345 ("MMP No. 345"), which measures have been
incorporated in to the Conditions of Approval attached hereto as Exhibit B and 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 the mitigation measures identified in MMP No. 345, 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 finds and determines that the Proposed Project does
not exceed the maximum hotel room density allowed in the Commercial Recreation (C-R) District
(Development Area 1) under Section 18.116.060 (Development Density Areas – Commercial
Recreation (C-R) District (Development Area 1)); 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 178-room, five-story hotel with shorter entry
drive length and fewer parking spaces than required by the Code, has determined that Variance No.
2016-05078 should be approved for the following reasons:
SECTION NO. 18.116.140.110.1105.03 Minimum Entry Drive Dimension.
(100 feet required; 80 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 small and narrow, which
presents unique challenges to this site not experienced by others. Complying with the requirements
of the Code would restrict on-site vehicular circulation and preclude access to a portion of the
parking in the tuck-under garage. The proposed entry drive length of a total of 80 feet, split
between two driveways, complies with engineering standards, and based on a Traffic Impact
Analysis, would not cause a backup onto adjacent public streets.
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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 small size and
narrow width of the property.
WHEREAS, the Planning Commission does find and determine that the request for Final
Site Plan No. 2016-00007 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. 92-2 and is consistent with the zoning
and development standards of said Specific Plan, as described in Chapter 18.116 of the Code.
2. The design and layout of the Proposed Project will not interfere with the use and
enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian
hazards.
3. The architectural design of the Proposed Project is compatible with the character of the
surrounding hotels and development located within the land area of the Anaheim Resort Specific
Plan.
4. The design of the Proposed Project will provide a desirable environment for its
occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture
and color, and will remain aesthetically appealing and be appropriately maintained.
5. The Proposed Project will not be detrimental to the public health, safety or welfare, or
materially injurious to the properties or improvements in the vicinity of the Proposed Project.
WHEREAS, the Planning Commission does further find and determine that the request for
Administrative Adjustment No. 2016-00389 should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(150 spaces required; 141 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 due to the proximity of the site to the Disneyland Resort and
Anaheim Convention Center, making walking and public transportation the preferred choice for
many guests; and
2. That the variance, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of the
proposed use because the on-site parking within the property will adequately accommodate the
parking demands of the hotel. Additionally, on-street parking is not permitted on the adjacent
public streets; and
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3. That the variance, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon adjacent private property in the immediate vicinity of
the proposed use because the on-site parking will adequately accommodate the parking demands
of the proposed hotel; and
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the property and are designed to allow
for adequate on-site circulation; and
5. That the variance, under the conditions imposed, will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the project site has existing ingress or egress access points that are designed
to allow adequate on-site circulation.
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 presentation, 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 evidence received to date, does hereby
approve Variance No. 2016-05078, Final Site Plan No. 2016-00007 and Administrative
Adjustment No. 2016-00391, contingent upon and subject to the conditions of approval, attached
hereto as Exhibit B 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 MMP No. 345, which is integrated with the aforementioned conditions of approval and
together are represented as Exhibit B hereto, and does hereby approve and adopt MMP No. 345 for
the Proposed Project.
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.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 6, 2017. 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.
CHAIRPERSON, 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 March 6, 2017, by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of March, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-7- PC2017-***
-8- PC2017-***
EXHIBIT “B”
VARIANCE NO. 2016-05078, FINAL SITE PLAN NO. 2016-00007 AND
ADMINISTRATIVE ADJUSTMENT NO. 2016-00391
(DEV2016-00034)
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
-9- PC2017-***
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/OC Engineering. The Master Plan shall include, but not be limited
to, the following items:
Public Works
-10- PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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.
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
Public Works
-11- PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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
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
Public Works
-12- PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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
& 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
Fire Department
Public Utilities
Department
Planning & Building
-13- PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
removal of USTs. (amended February 26, 2015).
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
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.
Planning and Building
-14- PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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
shall ensure that all mechanical ventilation units are shown on plans and installed
in compliance with Sound Pressure Level Ordinance.
Planning and Building
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
Planning and Building
-15- PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
are permissible providing they are filled with an acceptable solid vision product.
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
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
Fire
-16- PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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
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
-17- PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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
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
Public Utilities
-18- PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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.
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
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.
Public Utilities
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
Planning and Building
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
Standards for Residential and Nonresidential Buildings current at the time of
application by at least 10 percent.
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:
a. Facilitating recycling by providing chutes or convenient locations for sorting
and recycling bins.
b. Facilitating cardboard recycling (especially in retail areas) by providing
adequate space and centralized locations for collection and storing.
c. Facilitating glass recycling (especially from restaurants) by providing
adequate space for sorting and storing.
d. Providing trash compactors for non-recyclable materials whenever feasible
to reduce the total volume of solid waste and the number of trips required
for collection.
e. Prohibiting curbside pick-up.
Public Works
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
-20- PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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.
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
Planning and Building
-21- PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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
such services.
Police
Public Works
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
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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
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.
Public Works
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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-
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
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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
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
-25- PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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
ATTACHMENT NO. 3
JUSTIFICATION FOR HAMPTON INN
100 West Katella Avenue
The proposed project consists of demolishing an existing 110-room hotel (Arena Inn & Suites)
and replacing the existing hotel with a planned 178-room Hampton Inn with 141 parking spaces.
Access to the existing hotel is currently provided by two right-in/right-out driveways on Katella.
Access to the Hampton Inn would be provided by one right-in/right-out driveway on Katella
Avenue and one right-in/right-out driveway on Haster Street.
We are requesting the following waiver of the Anaheim Resort Specific Plan and have attached a
site plan indicating the area where we are not meeting code:
Code section: 18.116.140.110.1105
.1105 Entry Drive Dimension. The following minimum entry driveway (throat) length shall be
provided as indicated below, measured from the nearest point of the ultimate street right-of-way
line to the nearest point of the on-site parking area or on-site vehicular accessway to said parking
area. Parking shall be designed so as to preclude a car from backing out of a stall and into the
entry driveway in accordance with City Standards on file with the City.
.01 A forty (40) foot-long driveway is required to serve sixty (60) or fewer parking spaces;
.02 A sixty (60) foot-long driveway is required to serve sixty-one to one hundred twenty (61-
120) parking spaces; and,
.03 A one hundred (100) foot long driveway is required to serve greater than one hundred
twenty (120) parking spaces.
The proposed hotel will provide 140 parking spaces and per the above Code Section we would
be required to have a one hundred (100) foot long driveway. We are proposing to have an 40
foot long driveway along both Katella Avenue and Haster Street.
There are special physical characteristics of the property that justify the requested waiver. Due
to the location of the property on the corner and the existing property’s driveway location the
driveway on Katella Avenue and Haster Street for the proposed project had to be placed at a
location matching the existing curb line in order to provide for adequate sight distance for
vehicles leaving the site so as not to create an unsafe condition for automobiles and pedestrians
on both Katella Avenue and Haster Street. Thereby limiting our ability to provide for adequate
parking spaces and the project is providing a gate located forty (40) feet from the ultimate right-
of-way for both Katella Avenue and Haster Street. The gate would preclude any a car from
backing out of a stall and into the entry driveway in accordance with City Standards on file with
the City and the City Traffic and Transportation Manager has reviewed and approved our
driveway aisle locations.
Further a Traffic Study prepared by Iteris dated November 10, 2016 concluded that the site
would not create any project-level significant impacts to the surrounding roadway system.
ATTACHMENT NO. 4
There are other Resort hotel properties that do not meet the required entry drive location that
have been granted a similar variance for gated parking.
We believe that there are special circumstances as stated above that would justify the requested
waiver 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.
PARKING LETTER JUSTIFICATION FOR HAMPTON INN
100 WEST KATELLA AVENUE
The proposed project consists of demolishing an existing 110-room hotel (Arena Inn & Suites)
and replacing the existing hotel with a planned 178-room Hampton Inn with 141 parking spaces.
Per Section 18.42.040 of the Anaheim Municipal Code 150 parking spaces are required. We are
proposing to have 141 parking spaces a 6% deviation of code requirements. A deviation of 10%
or less from the requirements for parking may be processed subject to Section No. 18.42.050 of
the Anaheim Municipal Code.
The following findings must be met to approve an administrative adjustment for Parking:
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;
Section No. 18.42.040 of the Anaheim Municipal Code permits a 10% deviation of the
required number of parking spaces. We are requesting a 6% deviation in the number of
required parking spaces (150 spaces required; 141 spaces proposed).
The proximity of the project site to the Disneyland Resort and the Anaheim Convention
Center, make walking and using the existing available low-cost transportation (ART) the
most logical choice for the majority of the Guests who will stay in the proposed hotel.
Also most guests now use Uber or are bused to the site so as not to have to use a motor
vehicle therefore the need for parking spaces is decreased.
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;
No adjacent public streets currently allow on-street parking which includes Katella Avenue
and Haster Street.
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 (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));
There will be no increased demand or competition for parking spaces upon adjacent private
property in the immediate facility as there will be adequate parking provided on-site and
surrounding properties parking areas will be for property guests only.
The adjustment will not negatively impact the site nor will it be detrimental to other
properties as the site will adequately be able to provide parking for all of the guests of the
ATTACHMENT NO. 5
hotel. The site will provide shuttles to various attraction locations using the Anaheim
Resort Transportation Shuttle or many guests staying at hotel may use uber to provide
transportation to destinations.
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;
The absence of nine of the code required parking stalls as requested by this administrative
adjustment will not create any traffic or congestion within the proposed development’s off-
street parking areas.
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 project has been designed to coordinate with other properties vehicle ingress and
egress therefore the project will not impede vehicular ingress or egress from adjacent
properties.
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 DEV2016-00034
From: Elaine Thienprasiddhi, Senior Planner
Date: February 10, 2017
RE: Mitigation Monitoring Plan No. 345, Compliance with Measures
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. 6
File DEV2013-00134
February 10, 2017
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.
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MONUMENT SIGN WILL COMPLY WITH ANAHEIM STANDARD(2)
)
*
NOT USED
Request Number:
Date:Project Name:
Address:
City / State / Zip:
Scale:
Drawn:
This is an original unpublished drawing
created by Coast Sign, Inc. It is submitted
for your personal use in conjunction with a
project being planned for you by Coast
Sign, Inc., And shall not be reproduced,
used by or disclosed to any firm or
corporation for any purpose whatsoever
without written permission.
No.Revision Notes Designer Date
11 X 17 TEMPLATE VERSION 7.0
of
Client Approval:Sales:Date:
File Location:4
5
6
1
2
3
DESIGN DRAWING
DEV-HIS1-00241-R3
W:\Account\Art\Drawings\
Refer to PATHFINDER.
11
Refer to PATHFINDER.
Refer to PATHFINDER.
Anaheim, CA 92802FLH
Fred S.
HAMPTON INN & SUITES
Anaheim Blvd & Haster St & W Katella Ave.
09.15.16
09.20.16FLH
FLH
Rodel B.
11/25/16
01-09-17
NORTH ELEVATION @ ILLUMINATED CHANNEL LETTERS & FABRICATED S.S. LETTERS
Scale: 1/32" = 1'-0"
2
Noted
45'-1 3/8"EQ EQ
5'-0"
EQ
EQ
A
D
18'-0 5/8"EQ EQ
2'-0"
EQ
EQ
4'-6"
Request Number:
Date:Project Name:
Address:
City / State / Zip:
Scale:
Drawn:
This is an original unpublished drawing
created by Coast Sign, Inc. It is submitted
for your personal use in conjunction with a
project being planned for you by Coast
Sign, Inc., And shall not be reproduced,
used by or disclosed to any firm or
corporation for any purpose whatsoever
without written permission.
No.Revision Notes Designer Date
11 X 17 TEMPLATE VERSION 7.0
of
Client Approval:Sales:Date:
File Location:4
5
6
1
2
3
DESIGN DRAWING
DEV-HIS1-00241-R3
W:\Account\Art\Drawings\
Refer to PATHFINDER.
11
Refer to PATHFINDER.
Refer to PATHFINDER.
Anaheim, CA 92802FLH
Fred S.
HAMPTON INN & SUITES
Anaheim Blvd & Haster St & W Katella Ave.
09.15.16
09.20.16FLH
FLH
Rodel B.
11/25/16
01-09-17
3
Noted
EAST ELEVATION @ ILLUMINATED CHANNEL LETTERS
Scale: 1/16" = 1'-0"
B
27'-1"
3'
-
0
"
EQ
EQ
EQ
EQ
Request Number:
Date:Project Name:
Address:
City / State / Zip:
Scale:
Drawn:
This is an original unpublished drawing
created by Coast Sign, Inc. It is submitted
for your personal use in conjunction with a
project being planned for you by Coast
Sign, Inc., And shall not be reproduced,
used by or disclosed to any firm or
corporation for any purpose whatsoever
without written permission.
No.Revision Notes Designer Date
11 X 17 TEMPLATE VERSION 7.0
of
Client Approval:Sales:Date:
File Location:4
5
6
1
2
3
DESIGN DRAWING
DEV-HIS1-00241-R3
W:\Account\Art\Drawings\
Refer to PATHFINDER.
11
Refer to PATHFINDER.
Refer to PATHFINDER.
Anaheim, CA 92802FLH
Fred S.
HAMPTON INN & SUITES
Anaheim Blvd & Haster St & W Katella Ave.
09.15.16
09.20.16FLH
FLH
Rodel B.
11/25/16
01-09-17
4
Noted
WEST ELEVATION @ ILLUMINATED CHANNEL LETTERS
Scale: 1/16" = 1'-0"
27'-1"
3'
-
0
"
EQ EQ
EQ
EQ
C
NOTE: CLIENT TO CONFIRM IF SIGN C IS DESIRED
Request Number:
Date:Project Name:
Address:
City / State / Zip:
Scale:
Drawn:
This is an original unpublished drawing
created by Coast Sign, Inc. It is submitted
for your personal use in conjunction with a
project being planned for you by Coast
Sign, Inc., And shall not be reproduced,
used by or disclosed to any firm or
corporation for any purpose whatsoever
without written permission.
No.Revision Notes Designer Date
11 X 17 TEMPLATE VERSION 7.0
of
Client Approval:Sales:Date:
File Location:4
5
6
1
2
3
DESIGN DRAWING
DEV-HIS1-00241-R3
W:\Account\Art\Drawings\
Refer to PATHFINDER.
11
Refer to PATHFINDER.
Refer to PATHFINDER.
Anaheim, CA 92802FLH
Fred S.
HAMPTON INN & SUITES
Anaheim Blvd & Haster St & W Katella Ave.
09.15.16
09.20.16FLH
FLH
Rodel B.
11/25/16
01-09-17
4
Noted
SOUTH ELEVATION @ ILLUMINATED CHANNEL LETTERS
Scale: 1/16" = 1'-0"
E
27'-1"
3'-0"
30"EQ
EQ
5
AT
T
A
C
H
M
E
N
T
NO. 8
- 1-
CITY OF ANAHEIM
ENVIRONMENTAL CHECKLIST FORM
CASE NOS.: Variance No. 2016-05078, Final Site Plan No. 2016-00007 and Administrative Adjustment
No. 2016-00391 (Development Project No. 2016-00034)
SITE ADDRESS: 100 and 130 West Katella Avenue, Anaheim, CA 92802
APNs: 137-311-16 and 137-311-18
LOCATION: Two Parcels at the Southwest Corner of Katella Avenue and Haster Street.
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.
2/28/17
Signature of City of Anaheim Representative Date
Elaine Thienprasiddhi, Senior Planner (714) 765-4568
Printed Name, Title Phone Number
ATTACHMENT NO. 9
- 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 100 and 130 West Katella Avenue in the City of Anaheim. The 2.06-acre
project site is comprised of two parcels (APNs 137-311-16/0.29 acres and 137-311-18/1.76 acres), which are
currently a vacant corner parcel and vacant motel buildings (formerly the Arena Inn & Suites), respectively.
The site is located within the Commercial Recreation (C-R) District of the Anaheim Resort Specific Plan
(ARSP) No. 92-2 (SP 92-2) Zone. Anaheim Municipal Code Chapter 18.116.060 allows up to 75 rooms per
gross acre or 75 rooms per lot or parcel existing on the date of adoption of the ARSP, whichever is greater.
The site is surrounded by: a 7-Eleven convenience store and future Anaheim Public Utilities electrical
substation to the north, across Katella Avenue; a Disney cast member parking lot to the south; a service
station to the east, across Haster Street; and an Avis car rental to the west.
The subject property, in its existing condition, is shown in Figure 1- Existing Conditions on Page 4.
- 4-
Figure 1 – Existing Conditions
- 5-
Project Description
The applicant proposes to demolish the existing hotel buildings and construct a five-story, 178-room
Hampton Inn & Suites hotel. The hotel would include various guest amenities, including a breakfast room, in
which breakfast would be included in the price of room, meeting room, fitness room, and second level pool
deck.
The five-story building would be built at a maximum height of 69 feet, including all architectural
projections. The building is proposed close to the street and oriented toward the corner. The architectural
style is contemporary, emphasizing key areas of the building with glass, metal, and architectural projections.
The predominant exterior finish is smooth stucco, with the use of glass and metal zinc panels at building
focal points.
Vehicle access to the site would be provided by a driveway on each of the abutting streets, both of which
would be limited to right-in and right-out ingress and egress. Vehicular circulation, including a covered
drop-off and loading area, would be located behind the hotel building. 141 parking spaces would be provided
within a surface parking lot behind the hotel and tuck-under parking area along Katella Avenue. A multi-
colored architectural screen comprised of a series of vertical “fins” is proposed along the base of the building
to visually obscure the tuck-under parking area from the street and to provide interest to both pedestrians and
drivers.
Proposed landscaping includes alternating Date Palms and canopy trees along Katella Avenue and canopy
trees along Haster Street and throughout the parking lot. Additional right-of-way dedication would be
provided along Katella Avenue to construct a landscaped parkway behind the sidewalk. Layered landscaping
is proposed in the street setbacks between the public parkway and building. An outdoor patio is proposed at
the corner of the site to supplement the breakfast area seating.
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 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. 345, 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. 2016-00007 to determine compliance with the
Anaheim Resort Specific Plan for a five-story, 178-room hotel with a Variance No. 2016-05078 for a shorter
entry drive length and an Administrative Adjustment No. 2016-00391 for 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 ARSP.
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. 345, 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 allows for up to 100 rooms per gross acre or 75 rooms per lot or parcel existing on the date of adoption of the
ARSP, whichever is greater, 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 205 hotel
rooms on the 2.06 acre property. The applicant proposes to demolish the existing vacant motel buildings (formerly the Arena
Inn & Suites) and a construct a five-story, 178-room Hampton Inn & Suites hotel. The hotel would include various guest
amenities, including a breakfast room, in which breakfast would be included in the price of room, meeting room, fitness
room, and second level pool deck. 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. 345,
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?
- 9-
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?
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 Wildlife 1 (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. 345, 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
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-
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?
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. The
buildings on the property are not classified as historic. The City maintains a local inventory of historic structures; none of
the historic classifications included in this list contain the address of the subject property. In addition, this property is not
located in any of the City’s local historic districts or National Register Districts.
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. 345, 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?
- 11-
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?
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. 345, 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?
- 12-
b) Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emissions of
greenhouse gases?
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 allows for up to 100 rooms per gross acre or 75 rooms per lot or parcel existing on the date of adoption of the
ARSP, whichever is greater, 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 205 hotel
rooms on the 2.06 acre property. The applicant proposes to demolish the existing vacant motel buildings (formerly the Arena
Inn & Suites) and a construct a five-story, 178-room Hampton Inn & Suites hotel. The hotel would include various guest
amenities, including a breakfast room, in which breakfast would be included in the price of room, meeting room, fitness
room, and second level pool deck. 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. 345, 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?
- 13-
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?
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 1963. 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. 345, 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?
- 14-
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?
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) Hampton Inn & Suites for Prospera Hotels, Inc. was prepared for
the proposed project. Under post development conditions, the proposed development will convey runoff from each subarea
- 15-
via proposed storm drain pipe into a sub-surface retention system (StormTech Chamber), located in the northwesterly
portion of the site. This will retain and treat site runoff and will discharge into the existing public storm drain system along
Katella Avenue via proposed storm drain pipe. The site drains to Anaheim Barber City Channel C03, located in the Anaheim
Bay-Huntington Harbor Watershed.
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. 345, 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:
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?
- 16-
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
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 allows for up to 100 rooms per gross acre or 75 rooms per lot or parcel existing on the date of adoption of the
ARSP, whichever is greater, or the equivalent of 600 square feet of visitor serving uses per hotel room. Therefore, the noise
analysis in SEIR No. 340 analyzed the operational impacts of the development of up to approximately 205 hotel rooms on
the 2.06 acre property. The applicant proposes to demolish the existing vacant motel buildings (formerly the Arena Inn &
Suites) and a construct a five-story, 178-room Hampton Inn & Suites hotel. The hotel would include various guest amenities,
including a breakfast room, in which breakfast would be included in the price of room, meeting room, fitness room, and
second level pool deck. As a result, the proposed project falls under the maximum amount of development analyzed in
- 17-
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. 345, 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
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
- 18-
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 allows for up to 100 rooms per gross acre or 75 rooms per lot or parcel existing on the date of adoption of the
ARSP, whichever is greater, or the equivalent of 600 square feet of visitor serving uses per hotel room. Therefore, the public
services analysis in SEIR No. 340 analyzed the operational impacts of the development of up to approximately 205 hotel
rooms on the 2.06 acre property. The applicant proposes to demolish the existing vacant motel buildings (formerly the Arena
Inn & Suites) and a construct a five-story, 178-room Hampton Inn & Suites hotel. The hotel would include various guest
amenities, including a breakfast room, in which breakfast would be included in the price of room, meeting room, fitness
room, and second level pool deck. 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. 345, 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:
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
- 19-
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?
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?
- 20-
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 Hampton Inn Traffic Impact Analysis - Final found that it is expected to generate 210 net new daily trips with 14 net
new trips occurring during the a.m. peak hour and 12 net new trips during the p.m. peak hour. Based on the project land use
and location, the following one signalized intersection and three driveways were analyzed to determine if there are any
significant project impacts to the existing circulation system in the study area.
• Anaheim Boulevard/Haster Street/Katella Avenue
• Driveway/Katella Avenue
• East Driveway/Katella Avenue (Driveway closed in project scenario).
• Haster Street/Driveway (Existing driveway closed).
Intersection Capacity Utilization (ICU) analysis was performed for the a.m. and p.m. peak hours under four scenarios:
• Existing 2016 conditions
• Existing 2016 Plus Project conditions
• Opening Year 2018 No Project conditions
• Opening Year 2018 Plus Project conditions
Based on the ICU analysis results for the four scenarios, it is observed that all of the study intersections and driveways
would operate at LOS C or better. The analysis also indicated that the project does not generate any significant impact to the
study are under the Opening Year 2018 when compared to the No Project conditions; therefore, no traffic mitigations are
required for the opening year analysis.
The ARSP allows for up to 100 rooms per gross acre or 75 rooms per lot or parcel existing on the date of adoption of the
ARSP, whichever is greater, or the equivalent of 600 square feet of visitor serving uses per hotel room. Therefore, the traffic
analysis in SEIR No. 340 analyzed the operational impacts of the development of up to approximately 205 hotel rooms on
the 2.06 acre property. The applicant proposes to demolish the existing vacant motel buildings (formerly the Arena Inn &
Suites) and a construct a five-story, 178-room Hampton Inn & Suites hotel. The hotel would include various guest amenities,
including a breakfast room, in which breakfast would be included in the price of room, meeting room, fitness room, and
second level pool deck. 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. 345, 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:
- 21-
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?
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.
- 22-
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.
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 allows for up to 100 rooms per gross acre or 75 rooms per lot or parcel existing on the date of adoption of the
ARSP, whichever is greater, or the equivalent of 600 square feet of visitor serving uses per hotel room. Therefore, the
utilities and services systems analysis in SEIR No. 340 analyzed the operational impacts of the development of up to
approximately 205 hotel rooms on the 2.06 acre property. The applicant proposes to demolish the existing vacant motel
buildings (formerly the Arena Inn & Suites) and a construct a five-story, 178-room Hampton Inn & Suites hotel. The hotel
would include various guest amenities, including a breakfast room, in which breakfast would be included in the price of
room, meeting room, fitness room, and second level pool deck. 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. 345, 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
- 23-
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. 345, 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.
- 24-
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). 2015 Urban Water Management Plan. June 2016.
Anaheim. Anaheim Outdoors Connectivity Plan. April 2013.
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.
Iteris. Hampton Inn Traffic Impact Analysis – Final.. November 10, 2016
Orange County Public Works. Drainage Area Management Plan. 2003.
Orange County Transportation Authority. Orange County Congestion Management Plan. 2011.
- 25-
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
February 27, 2017.
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 February 27, 2017.
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 February 27, 2017.
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.
Walden and Associates. Preliminary Water Quality Management Plan (WQMP) Hampton Inn & Suites for Prospera
Hotels, Inc. August 25, 2016
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
26
Terms and Definitions
1. Property Owner/Developer − Bhavesh Bhagat, representing Arena Group
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.
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
27
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
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
28
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
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
29
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
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
30
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.
Planning and
Building Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
31
Mitigation
Measure
Number
Timing Measure
Department
Responsible for
Monitoring
Completion
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.
MM 5.2-4 Prior to issuance of each
grading permit (for
Import/Export Plan) and
prior to issuance of
demolition permit (for
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
Planning and
Building Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
32
Mitigation
Measure
Number
Timing Measure
Department
Responsible for
Monitoring
Completion
Demolition Plan) 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.
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
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
33
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
Planning and
Building Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
34
Mitigation
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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.
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
Planning and
Building Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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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.
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
Planning and
Building Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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for earthquake loading and designed according to the most recent seismic
standards in the California Building Code adopted by the City of Anaheim.
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
Fire Department
Public Utilities
Department
Planning & Building
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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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).
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,
Planning and
Building Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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Building Services Division.
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
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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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
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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Completion
5.10-7 Ongoing during
construction and project
operation
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 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
Police Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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including the concept of crime prevention through environmental design (e.g.,
building design, circulation, site planning, and lighting of parking structures
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
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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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
building permit
Prior to issuance of each building permit, plans shall be submitted to ensure
that development is in accordance with the City of Anaheim Fire Department
Standards, including:
a. Overhead clearance shall not be less than 14 feet for the full width of
access roads.
b. Bridges and underground structures to be used for Fire Department
access shall be designed to support Fire Department vehicles weighing
75,000 pounds.
c. All underground tunnels shall have sprinklers. Water supplies are
required at all entrances. Standpipes shall also be provided when
determined to be necessary by the Fire Department.
d. Adequate off-site public fire hydrants contiguous to the Specific Plan
area and onsite private fire hydrants shall be provided by the property
owner/developer. The precise number, types, and locations of the
hydrants shall be determined during building permit review. Hydrants
are to be a maximum of 400 feet apart.
e. A minimum residual water pressure of 20 psi shall remain in the water
system. Flow rates for public parking facilities shall be set at 1,000 to
1,500 gpm.
Fire Department
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
Fire Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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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.
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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Completion
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
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
Fire Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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individual sale of buildings until separate fire services are installed in the
building(s) subject to the sale.
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
building permit
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 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
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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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
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
Prior to the final building and zoning inspection, the property owner shall
record a covenant on the property requiring that ongoing during project
Public Works
Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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property owner shall
record a covenant on the
property requiring that
ongoing during project
implementation
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.
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
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
Public Works
Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
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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
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
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an option for employees.
k. Telecommuting. Explore the possibility of a “telecommuting” program
that would link some employees via electronic means (e.g., computer
with modem).
l. Parking Management. Develop a parking management program that
provides incentives to those who rideshare or use transit means other
than single-occupant auto to travel to work.
m. Access. Provide preferential access to high occupancy vehicles and
shuttles.
n. Financial Incentive for Ridesharing and/or Public Transit. Offer
employees financial incentives for ridesharing or using public
transportation. Currently, federal law provides tax-free status for up to
$65 per month per employee contributions to employees who vanpool
or use public transit including commuter rail and/or express bus pools.
o. Financial Incentive for Bicycling. Offer employees financial incentives
for bicycling to work.
p. Special “Premium” for the Participation and Promotion of Trip
Reduction. Offer ticket/passes to special events, vacations, etc. to
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
Public Works
Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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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.
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
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
Public Works
Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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project with the ATN. The TDM requirements shall be included in the lease
or other agreement with all of the project participants.
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
building permit
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 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
Public Utilities
Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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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.
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
Utilities Department Water Rates, Rules and Regulations.
Public Utilities
Department
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
Public Works
Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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of the City Engineer to assist in determining the following:
a. If the development/redevelopment (1) does not discharge into a sewer
system that is currently deficient or will become deficient because of
that discharge and/or (2) does not increase flows or change points of
discharge, then the property owner’s/developer’s responsibility shall be
limited to participation in the Infrastructure Improvement (Fee)
Program.
b. If the development/redevelopment (1) discharges into a sewer system
that is currently deficient or will become deficient because of that
discharge and/or (2) increases flows or changes points of discharge,
then the property owner/developer shall be required to guarantee
mitigation to the satisfaction of the City Engineer and the City
Attorney of the impact prior to approval of a final subdivision map or
issuance of a grading or building permit whichever occurs first,
pursuant to the improvements identified in the South Central Area
Sewer Deficiency Study. The property owner/developer shall be
required to install the sanitary sewer facilities, as recommended by the
South Central Area Sewer Deficiency Study, prior to acceptance for
maintenance of public improvements by the City or final building and
zoning inspections for the building/structure, whichever comes first.
Additionally, the property owner/developer shall participate in the
Infrastructure Improvement (Fee) Program, as determined by the City
Engineer, which may include fees, credits, reimbursements, or a
combination thereof. As part of guaranteeing the mitigation of impacts
for the sanitary sewer system, the property owner/developer shall
submit a sanitary sewer system improvement phasing plan for the
project to the City Engineer for review and approval which shall
contain, at a minimum, (1) a layout of the complete system, (2) all
facility sizes, including support calculations, (3) construction phasing,
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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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:
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
Public Utilities
Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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k. Use of Energy Star® exit lighting or exit signage.
l. Use of T-8 lamps and electronic ballasts where applications of standard
fluorescent fixtures are identified
m. Use of lighting power controllers in association with metal-halide or
high-pressure sodium (high intensity discharge) lamps for outdoor
lighting and parking lots
n. Consideration of thermal energy storage air-conditioning for spaces or
facilities that may require air-conditioning during summer, day-peak
periods.
o. For swimming pools and spas, incorporate solar heating, automatic
covers, and efficient pumps and motors, as feasible.
p. Consideration for participation in Advantage Services Programs
such as:
a. New construction design review, in which the City cost-shares
engineering for up to $10,000 for design of energy efficient
buildings and systems
b. New Construction – cash incentives ($300 to $400 per kW
reduction in load) for efficiency that exceeds Title 24 requirements
c. Green Building Program – offers accelerated plan approval,
financial incentives, waived plan check fees and free technical
assistance.
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
Public Utilities
Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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applicable fees will be assessed in accordance with the Electric Rules, Rates,
Regulations and Electrical Specifications for Underground Systems.
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
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
Public Works
Department
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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improvements identified in the Master Plan of Drainage for the South
Central Area. The property owner/developer shall be required to install
the storm drainage facilities as recommended by the Master Plan of
Drainage for the South Central Area to provide storm drainage
facilities for 10- and 25-year storm frequencies and to protect
properties/structures for a 100-year storm frequency prior to
acceptance for maintenance of public improvements by the City or
final building and zoning inspection for the building/structure,
whichever occurs first. Additionally, the property owner/developer
shall participate in the Infrastructure Improvement (Fee) Program as
determined by the City Engineer which could include fees, credits,
reimbursements, or a combination thereof. As part of guaranteeing the
mitigation of impacts on the storm drainage system, a storm drainage
system improvement phasing plan for the project shall be submitted by
the property owner/developer to the City Engineer for review and
approval and shall contain, at a minimum, (1) a layout of the complete
system; (2) all facility sizes, including support calculations; (3)
construction phasing; and, (4) construction estimates.
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
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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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
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
MITIGATION MONITORING PLAN NO. 345
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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
HAMPTON INN & SUITES
DEV2016-00034, VAR2016-05078, FSP2016-00007, ADJ2016-00391
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C
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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. 7
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: MARCH 6, 2017
SUBJECT: CONDITIONAL USE PERMIT NO. 2017-05904 AND
VARIANCE NO. 2017-05087
LOCATION: 2841 East White Star Avenue, Suite E (New Age Auto)
APPLICANT/PROPERTY OWNER: The applicant is Melanie Dimarucut and
the property owner is Stephen Wong representing S & D Associates.
REQUEST: The applicant is requesting approval of a conditional use permit to
permit the retail sales of automobiles within an existing industrial building. 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. 2017-05904 and
Variance No. 2017-05087.
BACKGROUND: This 2.1-acre property is developed with an industrial complex
and is located in the Industrial Area (Development Area 1) of the Anaheim Canyon
Specific Plan “SP 2015-1, DA 1”. The General Plan designates the Property for
Industrial land uses and the surrounding land uses are industrial in all directions.
PROPOSAL: The applicant proposes to permit a 2,660 square foot retail
automotive facility within a 23-unit industrial complex. The facility includes a
warehouse for vehicle inventory, a reception area, offices and restrooms. No
changes to the exterior of the building are proposed. New Age Auto specializes in
the sale of luxury vehicles such as BMW, Audi, Mercedes and Lincoln. There
would be an average inventory of ten to 12 vehicles that would be displayed indoors
only. All repair, car washing and detailing activities would be conducted off-site.
The hours of operation would be Monday through Saturday, from 10:00 a.m. to 7:00
p.m., and Sundays from 11:00 a.m. to 6:00 p.m. This location currently operates as
the automotive storage facility for the business with the sales portion taking place
within the City of Orange. The business is operated by the two business owners and
there are no additional employees on the premises.
CONDITIONAL USE PERMIT NO. 2017-05904 AND VARIANCE NO. 2017-05087
March 6, 2017
Page 2 of 4
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.
Retail automotive sales agency offices are permitted in the Anaheim Canyon Specific Plan,
subject to the approval of a conditional use permit to ensure compatibility with the
surrounding area. Staff believes that the use would be compatible with other businesses in
the surrounding area because the automotive sales activities would occur primarily during
off-peak hours for the industrial businesses within the complex. In addition, the business
has been operating as an automotive storage facility in this location since September 2016
with no impacts to the adjacent businesses. With the conditions imposed, such as restricting
the operation to those outlined in the attached Letter of Request and requiring all inventory
to be stored indoors, the establishment of this use would not impact the operations or
opportunities for expansion of other nearby industrial businesses or be detrimental to the
health and safety of the citizens of the City of Anaheim.
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;
CONDITIONAL USE PERMIT NO. 2017-05904 AND VARIANCE NO. 2017-05087
March 6, 2017
Page 3 of 4
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 states that the parking requirements be calculated by combining the needs
of the automotive sales facility and the industrial uses on the property. All of the businesses
combined requires a total of 68 parking spaces and the property contains a total of 61
parking spaces; six are required for the automotive sales facility and 62 spaces for the
industrial uses and restaurant within the complex. The applicant has submitted a Letter of
Request indicating that all customers would have an appointment to view the luxury
automobiles. The peak parking demand is in the evening and weekends, which is during the
off-peak hours of the other industrial uses within the complex. Staff conducted parking
counts on February 23 at 5:00 p.m. and there were 21 cars parked at the complex. Another
staff inspection took place on Saturday at 12:00 p.m. and 16 cars were observed in the
parking lot. Therefore, staff believes that 62 parking spaces would accommodate all of the
businesses on the site, including the automotive sales facility use.
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., 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.
CONDITIONAL USE PERMIT NO. 2017-05904 AND VARIANCE NO. 2017-05087
March 6, 2017
Page 4 of 4
CONCLUSION: Staff believes that the conditions exist for Planning Commission to
make the required findings to approve this request. The proposed retail automotive sales
facility is compatible with the industrial uses in the surrounding area. The number of
parking spaces provided would be adequate to accommodate the automotive sales since the
peak hours of the sales facility would not conflict with the other industrial uses within the
complex. Staff recommends approval of this request.
Prepared by, Submitted by,
Amy Vazquez Jonathan E. Borrego
Contract Planner, Lilley Planning Group Planning Services Manager
Attachments:
1. Draft Conditional Use Permit Resolution
2. Applicant’s Letter of Request
3. Photographs
4. Site Plan
5. Floor Plan
SP 2015-1DA1
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[DRAFT] ATTACHMENT NO. 1
- 1 - PC2017-***
RESOLUTION NO. PC2017-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2017-05904 AND VARIANCE NO. 2017-05087 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00005)
(2841 EAST WHITE STAR AVENUE, SUITE E)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2017-
05904 to permit an automotive sales facility and (ii) Variance No. 2017-05087 to allow fewer
parking spaces than required by Title 18 (Zoning) of the Anaheim Municipal Code (the "Zoning
Code") (collectively referred to herein as the "Proposed Project") for premises located within a
portion of that certain real property at 2841 East White Star Avenue, Suite E 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 2.1 acres in size and is currently
developed with a multi-tenant industrial complex. The Property is located in the Industrial Area
(Development Area 1) of the Anaheim Canyon Specific Plan Area and is subject to the zoning
and development standards of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP
2015-1) Zoning and Development Standards) of the Zoning Code. The Anaheim General Plan
designates the Property for Industrial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 6, 2017 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 Zoning Code, to hear and consider evidence for and against proposed
Conditional Use Permit No. 2017-05904 and Variance No. 2017-05087, 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 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, the Planning Commission finds and determines that the Proposed
Project is 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
- 2 - PC2017-***
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. 2017-05904, does find
and determine the following:
1. The proposed automotive sales facility within an existing industrial complex
is an allowable primary use within the Industrial Area (Development Area 1) of the Anaheim
Canyon Specific Plan Area, subject to approval of a conditional use permit, as stated in Table
120_B (Primary Uses by Development Area: Non-Residential Use Classes) of Section
18.120.040 of the Zoning Code.
2. The proposed automotive sales facility under the conditions imposed, would
not adversely affect the adjoining land uses and the growth and development of the area in which
it is proposed to be located because the building is surrounded by compatible industrial buildings
and uses; and, the automotive sales facility would be located within an existing building with no
adverse effects to adjoining land uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the automotive sales faciclity in a manner not detrimental to the particular area
or to the health and safety because the use would be located within an existing industrial building
that is surrounded by other industrial uses.
4. The traffic generated by the automotive sales facility 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 offices in the area and will not pose
a health or safety risk to the citizens of the City of Anaheim.
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 Zoning Code should be approved for
the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(68 spaces required; 62 spaces proposed)
1. Based, in part, upon a review of the letter of request submitted by the applicant
and observations made by staff, that the variance, under the conditions imposed, will not cause
fewer off-street parking spaces to be provided for the proposed use than the number of such
spaces necessary to accommodate all vehicles attributable to such use under the normal and
reasonably foreseeable conditions of operation of such use because the automotive sales
operations would be by appointment only and all vehicles would be stored within the building;
and
- 3 - PC2017-***
2. That the variance, 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 the proposed automotive sales facility;
3. That the variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon adjacent private property in the immediate vicinity of
the proposed use because the on-site parking for the industrial complex will adequately
accommodate peak parking demands of all uses on the site;
4. That the variance, under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the property and are designed to allow
for adequate on-site circulation; and
5. That the variance, under the conditions imposed, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use because the project site has existing ingress or egress access points that are
designed to allow adequate on-site circulation.
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. 2017-05904 and Variance No. 2017-05087, 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. 2017-05904 and Variance
No. 2017-05087 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 Zoning 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 Zoning 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 Zoning
Code.
- 4 - PC2017-***
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 Zoning Code and any other
applicable City, State and Federal regulations. Approval does not include any action or findings
as to compliance or approval of the request regarding any other applicable ordinance, regulation
or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of March 6, 2017. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (Procedures) of the Zoning Code pertaining to appeal procedures and may be replaced by a
City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2017-***
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 March 6, 2017 by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of March 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2017-***
- 7 - PC2017-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2017-05904 AND
VARIANCE NO. 2017-05087
(DEV2017-00005)
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 All automotive inventory, display, and sales shall occur inside the
building.
Planning and Building
Department,
Planning Services
Division
3 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
4 That ongoing during project operations, vehicle deliveries including
loading and unloading shall be performed on site. Delivery of
vehicles shall not block any part of the public right-of-way.
Planning and Building
Department,
Planning Services
Division
GENERAL CONDITIONS OF APPROVAL
5 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
Planning and Building
Department,
Planning Services
Division
- 8 - PC2017-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
litigation, including without limitation attorneys’ fees and other costs,
liabilities and expenses incurred by Indemnitees in connection with
such proceeding.
6 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
7 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
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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. 8
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: MARCH 6, 2017
SUBJECT: CONDITIONAL USE PERMIT NO. 2016-05868 AND
VARIANCE NO. 2017-05084
LOCATION: 984 South Beach Boulevard (Chevron Gas Station and Convenience
Store)
APPLICANT/PROPERTY OWNER: The agent is Karl Huy of Travis
Companies, Inc., representing the owner and applicant, G&M Oil Company, Inc.
REQUEST: The applicant requests approval of the following land use entitlements:
1) A Conditional Use Permit to permit the construction of a new service
station and convenience market; and,
2) A Variance to allow reduced front landscape setbacks and less parking
spaces 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) and approving Conditional Use Permit No. 2016-05868 and
Variance No. 2017-05084.
BACKGROUND: This 0.5-acre property is located at the northeast corner of Beach
Boulevard and Ball Road. The project site is developed with a service station
containing a canopy with four gas pump islands and a 1,640 square foot convenience
market. The property is located in the “C-G” General Commercial zone and the
property has a General Plan designation for Neighborhood-Center land uses.
Surrounding land uses include the recently-approved Anaheim Carwash (previously
Lyndy’s Motel) to the north and east, a commercial center to the south across Ball
Road, and a commercial center to the west across Beach Boulevard.
CONDITIONAL USE PERMIT NO. 2016-05868 AND VARIANCE NO. 2017-05084
March 6, 2017
Page 2 of 7
PROPOSAL: The applicant proposes to demolish the existing service station and convenience
store and construct a new service station and convenience market building. The new convenience
market would have a total floor area of 2,253 square feet. The proposal also includes a new 2,184
square foot canopy structure with four fuel dispenser islands. The existing monument sign would
be removed and replaced with new signage in compliance with Code requirements. The service
station and convenience market would be open 24 hours a day and with 1-3 employees on duty at
any time. The existing driveway approach on Ball Road would be replaced to meet City
Standards and the two driveway approaches on Beach Boulevard would be consolidated into one
45-foot wide driveway approach which meets Caltrans Standards. Because Beach Boulevard is a
state highway, access to Beach Boulevard is under the purview of Caltrans (District 12). The
adjacent property in which the recently-approved Anaheim Car Wash will be located is currently
working with the subject property owner on negotiating a reciprocal access agreement which
would allow both businesses to utilize a shared driveway along Beach Boulevard. Two site plans
have been submitted by the applicant in the event that an agreement is not executed. Site Plan A
(shown below) provides the car wash with access to Beach Boulevard. Site Plan B reflects no car
wash access to Beach Boulevard.
Site Plan A with car wash access to Beach Boulevard
Convenience
Market
Canopy
CONDITIONAL USE PERMIT NO. 2016-05868 AND VARIANCE NO. 2017-05084
March 6, 2017
Page 3 of 7
A 10-foot wide landscaped setback would be provided along Beach Boulevard and a 10-foot
wide landscaped setback would also be provided along Ball Road. These setbacks are measured
from the ultimate right-of-way line. A 15-foot landscaped setback is required along each of
these arterial highways. The convenience store building and fueling canopy are designed with a
stacked stone veneer at the base, earthtone colored stucco walls, tower elements, aluminum doors
and windows, and a colored band element on the street-facing elevations. A color and material
summary is provided as Attachment No. 7 to this report. The market would have a retail sales
area for prepackaged food, sales counter, coolers for beverages, and an area for hot food items.
Alcoholic beverage sales are not being proposed with this application. A detailed Development
Summary is provided as Attachment No. 10 to this report.
The Anaheim Municipal Code requires a total of 12 parking spaces and the applicant proposes to
provide nine parking spaces, excluding the parking spaces provided at the pump islands;
therefore, a variance is required to allow fewer parking spaces than required by Code. An
analysis of this variance request is described further in the Findings and Analysis section of this
report.
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 the Zoning 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.
CONDITIONAL USE PERMIT NO. 2016-05868 AND VARIANCE NO. 2017-05084
March 6, 2017
Page 4 of 7
The Zoning Code allows a service station and convenience market in the C-G zone subject to
approval of a conditional use permit. The purpose of the conditional use permit is to ensure that
fuel dispensing and the convenience market are compatible with surrounding uses; and, that there
is proper design and function of the service station in relation to on-site vehicular circulation.
The gas pump islands, canopy, and underground storage tanks have been designed to minimize
the probability of vehicles, including delivery trucks, queueing onto the adjacent streets. The
new convenience market would provide a range of products, but does not include the sale of
alcoholic beverages. Based on these factors, 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 the landscape setback 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; and
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.
Landscape Setback Variance: The applicant is requesting a variance to allow reduced front
landscape setbacks along the Beach Boulevard and Ball Road street frontages. The Zoning Code
requires a 15-foot wide landscape setback for the planters along both street frontages, and a 10-
foot wide landscape setback is proposed along Beach Boulevard and Ball Road. A 7-foot wide
dedication is being required along Ball Road to accommodate the installation of a new sidewalk
within the public right-of-way. The Beach Boulevard right-of-way falls under the purview of
Caltrans as the roadway is a State highway. At this point, Caltrans is not requiring right-of-way
dedication along Beach Boulevard; however, the Orange County Transit Authority’s Master Plan
of Arterial Highways currently provides for a future 6-foot dedication along Beach Boulevard
within the frontage of the subject property; however, there are no immediate plans to widen the
street. If widening were to occur it would include a 1-foot widening of Beach Boulevard and a 5
foot widening of the parkway along Beach Boulevard. The applicant is providing 10 feet of
landscaping adjacent to Beach Boulevard but six feet of this landscaping is located in an area that
may be required for future improvements along Beach Boulevard. Because there are no plans to
widen Beach Boulevard at this time, the property would maintain a 10-foot wide landscaped
setback for the foreseeable future.
CONDITIONAL USE PERMIT NO. 2016-05868 AND VARIANCE NO. 2017-05084
March 6, 2017
Page 5 of 7
Proposed landscape setbacks
A variance recognizes that there may be individual properties 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 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 service station. Required improvements including
landscape setbacks and future dedications, accommodating maneuverability on-site for large
trucks, standards for placement of fuel tanks and the need to accommodate vehicles maneuvering
on-site with two drive entries and exits from both streets further restrict the ability to provide the
Code-required landscape setbacks.
10 foot landscape
setback
CONDITIONAL USE PERMIT NO. 2016-05868 AND VARIANCE NO. 2017-05084
March 6, 2017
Page 6 of 7
The subject property has a depth of 150 feet and width of 138 feet, and a lot area of 0.5 acres,
while corner lots in the immediate vicinity have similar lot widths and sizes that are developed
with commercial uses that do not have the same circulation constraints that a service station has
due to the area needed to accommodate the turning radius for fuel tanker trucks. Staff believes
that the service station and convenience store are designed in a manner that is sensitive to the
adjacent properties by providing a reasonable front landscape setback with significantly more
landscaping than what exists on the site currently. With a variance, the property owner would be
allowed to develop the property in a manner that is compatible with the other service stations in
the vicinity. Because this lot size is smaller than surrounding properties, restricted on-site
circulation needs for fueling trucks and vehicles, and because the lot size will be reduced due to
the 7-foot dedication along Ball Road for a new public sidewalk, staff believes that there are
special circumstances applicable to the property to justify the setback variance. In addition, a
similar setback variance was previously-approved in 2016 for the service station located at the
corner of La Palma Avenue and Magnolia Avenue; therefore, strict application of the Zoning
Code deprives the property of privileges enjoyed by other properties under identical zoning
classification in the vicinity.
Parking Variance: Before the Planning Commission may approve the parking variance, it must
make a finding of fact that the evidence presented shows that 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 (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));
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.
CONDITIONAL USE PERMIT NO. 2016-05868 AND VARIANCE NO. 2017-05084
March 6, 2017
Page 7 of 7
Based upon a ratio of 5.5 spaces per 1,000 square feet of building area for the convenience
market, the proposed service station and convenience market require 12 parking spaces; however,
only nine spaces are proposed. As indicated above, one to three employees would be on duty
during each shift, leaving six parking spaces available for patrons of the business. Customers
who use the service station to refuel their vehicles are the primary customers of the convenience
market and do not use the other on-site parking spaces. There are four fueling pumps which
accommodate a total of eight vehicles for fueling. With the inclusion of the eight fuel pump
spaces, the total number of spaces available for parking equates to 17 on-site spaces. This
significantly exceeds the minimum of 12 spaces as required by Code. Therefore, staff
recommends approval of the parking variance request.
Additionally, a Zoning Code Amendment is scheduled for adoption at the March 7th City Council
meeting that would modify the existing parking code requirement for automotive service stations
and convenient stores. This amendment would reduce the parking requirement from 5.5 spaces
per 1,000 square feet to 4 spaces per 1,000 square feet and would permit 50 percent of pump
island spaces to be included in the required parking calculation. Under these new standards, nine
spaces would be required for this project and 13 spaces would be provided; therefore, a parking
variance would not be required.
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.,
Class 3 – New Construction) which consists of 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: Staff believes that the proposed service station and convenience market would
be compatible with the surrounding commercial land uses. The proposed number of parking
spaces would be adequate to serve the proposed business based on the parking demand of
convenience markets when incorporated with service stations. Based upon these reasons, staff
recommends approval of this request.
Prepared by, Submitted by,
Lindsay Ortega Jonathan E. Borrego
Contract Planner, Lilley Planning Group Planning Services Manager
Attachments:
1. Draft Conditional Use Permit and Variance Resolution
2. Site Plan A – with car wash access to Beach
3. Site Plan B – with no car wash access to Beach
4. Floor and Elevation Plans
5. Letter of Request
6. Variance Request Letter
7. Color and Material Summary
8. Colored Elevations
9. Site Photos
10. Development Summary
R S -2
S I N G L E F A M I L Y R E S I D E N C E
C-GARAB AMERICANCOMMUNITY CENTER
C-G (MHP)TRAILS END MOBILEHOME PARK
TRELIGIOUS USE
C-GRETAIL
C-GRAINBOW INN
C-GPICK YOUR PARTAUTO RECYCLER
C-GAPARTMENTS
RM-4COBBLESTONEAPARTMENTS34 DU
C-GRELIGIOUSUSE
C-GROBIN HOOD MOTEL
C-GSAHARA MOTEL
RM-4
SINGLE FAMILY RESIDENCE
C-GMEDICAL OFFICE
C-GANAHEIM LODGE
C-GRETAIL
C-GRETAIL
RM-4LYNROSE MANORAPARTMENTS72 DU
C-GSERVICESTATION
C-GRETAIL C-GRETAIL C-GRETAIL
C-GRETAILC-GCAR WASH
C-GTRAVEL INN MOTEL
C-GSHADOW PARK INN & SUITES
RM-4COBBLESTONEAPARTMENTS30 DU
C-GRETAILC-GRETAIL
W BALL RD
S B E A C H B L V D
S B E A C H B L V D
S H A Y W A
R D
S T W LYN ROSE DR
W. BALL RD
W. ORANGE AVE
S . D A L E A V E
. CERRITOS AVE
S . K N O T T A V E
S . M A G N O L I A A V E
S . W E S T E R N A V E W. BRO ADWAY
9 8 4 Sou th Beach Boulev ard
D E V N o. 2016-00028
Subject Property APN: 126-261-03
ATTA CHMENT NO. 1
°0 50 100
Feet
Aeria l Pho to:May 20 16
W BALL RD
S B E A C H B L V D
S B E A C H B L V D
S H A Y W A
R D
S T W LYN ROSE DR
W. BALL RD
W. ORANGE AVE
S . D A L E A V E
. CERRITOS AVE
S . K N O T T A V E
S . M A G N O L I A A V E
S . W E S T E R N A V E W. BRO ADWAY
9 8 4 Sou th Beach Boulev ard
D E V N o. 2016-00028
Subject Property APN: 126-261-03
ATTA CHMENT NO. 1
°0 50 100
Feet
Aeria l Pho to:May 20 16
[DRAFT] ATTACHMENT NO. 1
- 1 - PC2017 -***
RESOLUTION NO. PC2017-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2016-05868 AND VARIANCE NO. 2017-05084 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00028)
(984 SOUTH BEACH BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (herein
referred to as the "Planning Commission") did receive a verified petition to approve (i)
Conditional Use Permit No. 2016-05868 to permit the construction of a new service
station and convenience market, and (ii) Variance No. 2017-05084 to allow reduced front
setbacks and less parking spaces than required by the Anaheim Municipal Code (the
"Code") at that certain real property located at 984 South Beach Boulevard 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, approximately 0.5-acres in size, is currently
developed with a service station containing a canopy with four pump islands and a
convenience market. The Property is located within the "C-NC" Neighborhood Center
land use designation of the Anaheim General Plan. The Property is also located in the
"C-G" General Commercial Zone and is subject to the zoning and development standards
contained in Chapter 18.08 (Commercial Zones) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 6, 2017 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. 2016-05868 and Variance No. 2017-05084, 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 (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, 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) which consists of construction and location of limited
numbers of new, small facilities or structures, and that, therefore, pursuant to Section
15303 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
- 2 - PC2017 -***
WHEREAS, this Planning Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and
reports offered at said hearing with respect to the request for Conditional Use Permit
2016-05868, does find and determine the following:
1) That the proposed use is properly one for which a conditional use permit is
authorized by the Code which allows a service station and convenience market to be
constructed in the General Commercial (C-G) Zone subject to approval of a conditional
use permit pursuant to Section 18.08.030 of the Code; and
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 in that the
new gas station and convenience market will replace an existing gas station and
convenience market and the new buildings or structures of the Proposed Project are
compatible with the scale, mass, bulk, and orientation of existing buildings in the
surrounding area; and
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 in that the Proposed Project is designed to ensure
maneuverability that is compatible with the adjacent service station and commercial uses
and therefore is not anticipated to adversely affect development of the area; and
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 because the traffic generated by this use will not exceed the anticipated volumes of
traffic on the surrounding street; 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 in that 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 "C-G" General
Commercial zone, with the exception of the variances described below.
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 Variance No. 2017-05084 for less parking than required by Code
should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(12 spaces required; 9 spaces proposed)
1. The variance for the Property, under the conditions imposed, will provide
sufficient parking on-site in that many of the convenience store patrons fill their vehicles
with gas while parked at the fuel pump and enter the store while the vehicle is fueling.
Therefore, the number of spaces provided on-site would equate to 17 parking spaces with
the inclusion of the fueling pump spaces. This provides more than the number of spaces
- 3 - PC2017 -***
necessary to accommodate all vehicles attributable to all uses at the Property under the
normal and reasonably foreseeable conditions of operation of such uses; and
2. 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; and
3. 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 with the fueling pump
spaces considered, will adequately accommodate peak parking demands of all uses on the
site; and
4. 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. 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 proposed ingress or egress access
points are designed to allow adequate on-site circulation and, therefore, will not impede
vehicular circulation from adjacent properties upon the public streets in the immediate
vicinity of the Property.
WHEREAS, the Planning Commission does further find and determine that the
request for Variance No. 2017-05084 for reduced landscape setbacks should be approved
for the following reasons:
SECTION NO. 18.08.060.010.0101 Minimum front landscaped 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 and depth of 150 by 138 feet, and a lot area of 0.5 acres, while
corner lots in the immediate vicinity have similar lot widths and sizes that are developed
with commercial uses that do not have the same circulation constraints that a service
station has due to the area needed to accommodate the turning radius for fuel tanker
trucks, a 7-foot dedication along Ball Road for a new public sidewalk, standards for
placement of fuel tanks, and the need to accommodate vehicles maneuvering on-site. In
addition, the service station and convenience store are designed in a manner that is
sensitive to the adjacent properties by providing a reasonable front landscape setback
with significantly more landscaping than what exists on the site currently.
- 4 - PC2017 -***
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 a similar front setback variance was
previously-approved in 2016 for the service station located at the northeast corner of La
Palma Avenue and Magnolia Avenue.
WHEREAS, this 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. This
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, pursuant to the above findings,
this Planning Commission does hereby approve Conditional Use Permit No. 2016-05868
and Variance No. 2017-05084 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 that portion of the
Property for which Conditional Use Permit No. 2016-05868 and Variance No. 2017-
05084 is applicable 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.
- 5 - PC2017 -***
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of March 6, 2017. 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.
CHAIRPERSON, 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 March 6, 2017, by
the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of March,
2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2017 -***
- 7 - PC2017 -***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2016-05868 AND
VARIANCE NO. 2017-05084
(DEV2016-00028)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO THE ISSUANCE OF A GRADING PERMIT
1 The project’s Grading Plans, Soils Report, and Drainage Report shall
be submitted for review and approval to the Development Services
Division.
Public Works,
Development Services
2 The developer shall submit project improvement plans that
incorporate the required drainage improvements and the mechanisms
proposed in the approved Drainage Report. Post-development storm
event run-off shall be less than or equal to the existing pre-
development storm event run-off. No off-site run-off shall be blocked
during and after grading operations or perimeter wall construction.
Finish floor elevations shall be 1-ft. minimum above water surface
elevations of 100-year storm event.
Public Works,
Development Services
3 The final Water Quality Management Plan (WQMP) shall be
submitted for review and approval to Public Works Development
Services and comply with the most current requirements of the
Orange County Drainage Area Management Plan (DAMP).
Public Works,
Development Services
4 Fueling Areas shall be designed in compliance with CASQA BMP
SD-30.
Public Works,
Development Services
5 Prior to issuance of the grading permit and right-of-way construction
permit for the storm drain improvements, 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 new private storm drains connecting to the City storm drain
facilities.
Public Works,
Development Services
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
6 The property owner shall irrevocably offer to dedicate in a signed
deed to the City of Anaheim an easement 60- feet in width from the
centerline of Ball Road and a corner cut-off dedication at Ball Road
and Beach Boulevard for road, public utilities, and other public
purposes. The corner cut-off dedication shall be in compliance with
City Standard 110-B based on the ultimate curb location.
Public Works,
Development Services
- 8 - PC2017 -***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
7 The developer shall submit street improvement plans, obtain a right
of way construction permit, and post a security (Performance and
Labor & Materials Bonds) for the construction of all required public
improvements within the City street right of way of Ball Road.
Public Works,
Development Services
8 An Encroachment Permit from Caltrans shall be obtained for all
work performed in Caltrans right-of-way within Beach Boulevard.
Public Works,
Development Services
9 The legal property owner shall submit an application for a
Subdivision Map Act Certificate of Compliance to the Public Works
Department, Development Services Division. A Certificate of
Compliance or Conditional Certificate of Compliance shall be
approved by the City Surveyor and recorded in the Office of the
Orange County Recorder prior to issuance of a building permit for
the new convenience store and canopy construction.
Public Works,
Development Services
10 The driveway approach on Ball Road and Beach Boulevard shall
comply with City of Anaheim Engineering Standard 115-B, a
minimum 15’ Radius is required.
Public Works,
Traffic Engineering
11 That a private water system with separate water service for fire
protection and domestic water shall be provided and shown on plans
submitted to the Water Engineering Division of the Anaheim Public
Utilities Department.
Public Utilities,
Water Engineering
12 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
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
13 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
- 9 - PC2017 -***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
14 That 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 is necessary or abandoned if the existing
service is no longer needed. The owner/developer shall be
responsible for the costs to upgrade or to abandon any water service
or fire line.
Public Utilities,
Water Engineering
15 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
16 Final landscape plans in compliance with all code requirements shall
be submitted for review and approval by the Planning Director or
his/her designee. Landscaping shall be installed prior to the issuance
of a Certificate of Occupancy for the business.
Planning & Building
Department,
Planning Services
OPERATIONAL CONDITIONS
17 Building shall be equipped with a comprehensive security alarm
system (silent or audible) for the following coverage areas:
Perimeter of building and access route protection.
High valued storage areas.
Robbery Panic Alarm at Cashier register(s)
Police Department
18 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/260/Alarm-Permits
Police Department
19 Rooftop address numbers for the police helicopter. Minimum size 4’
in height and 2’ in width. The lines of the numbers are to be a
minimum of 6” thick. Numbers should be spaced 12” to 18” 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. Numbers are not to be visible from ground
level.
Police Department
- 10 - PC2017 -***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
20 “No Trespassing 602(k) P.C.” posted at the entrances of parking
lots/structures and located in other appropriate places. Signs must be
at least 2’ x 1’ in overall size, with white background and black 2”
lettering.
Police Department
21 All entrances to parking areas shall be posted with appropriate signs
per 22658(a) C.V.C., to assist in removal of vehicles at the property
owners/managers request.
Police Department
22 Closed circuit television (CCTV) security camera system, with the
following coverage areas:
• Interior entrance to store
• Exterior entrance to store
• Parking areas
• Fuel pumps
• Cashier’s area
Police Department
23 If security cameras are not monitored, signs indicating so should be
placed at each camera.
Police Department
24 CCTV monitors and recorders should be secured in a separate locked
compartment to prevent theft of, or tampering with, the recording.
Police Department
25 With advances in technology, digital and wireless CCTV security
systems are readily available and highly recommended over older
VHS or “Tape” recording systems.
Police Department
26 CCTV recordings should be kept for a minimum of 30 days before
being deleted or recorded over.
Police Department
27 If used, CCTV videotapes should not be recorded over more than 10
items per tape.
Police Department
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
28 All required on-site Water Quality Management Plan and public right
of way improvements shall be completed, operational, and are
subject to review and approval by the Construction Services
Inspector.
Public Works,
Development Services
29 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,
Traffic Engineering
- 11 - PC2017 -***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
30 Ongoing during project operation, refueling tanker trailers shall not
block any portion of the public right of way.
Public Works,
Traffic Engineering
GENERAL
31 No public water mains or laterals allowed under parking stalls or
parking lots.
Public Utilities,
Water Engineering
32 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
33 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 & Building
Department,
Planning Services
34 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 & Building
Department,
Planning Services
35 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 & Building
Department,
Planning Services
ATTACHMENT NO. 2
ATTACHMENT NO. 3
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NO. 7
ATTACHMENT NO. 8
SITE PHOTOS
Figure 1: Looking east along Beach Boulevard
Figure 2: Looking southeast along Beach Boulevard
ATTACHMENT NO. 9
Figure 3: Looking northwest along Ball Road
Figure 4: Looking North along Ball road
PROJECT SUMMARY
Development Standard C-G
Standards
Proposed Project
Site Area None 0.5 acres
Floor Area Ratio 0.50 maximum 0.22
Building Height 75 feet 21’ Canopy
18’-10” Convenience Market
Landscape Setbacks:
Abutting arterial highway
15 feet, as measured from the
ultimate highway right-of-way
line as designated on the
Circulation Element of the
General Plan
10-foot setback along
Ball Road
10-foot setback along Beach
Boulevard*
Structural Setbacks:
Abutting arterial highway
Same as Landscape Setback
95’ 6” setback to Beach Boulevard
85’-8” to Ball Road
Structural Setbacks:
Abutting Any Non-Residential Interior
Site Boundary Lines
None None
Parking 12 spaces 9 spaces
* The proposed 10-foot landscape setback consists of a 4-foot setback from the ultimate right-of-way line, and 6 feet
for possible future improvements.
ATTACHMENT NO. 10
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.
City of Anaheim
ITEM NO. 9
PLANNING COMMISSION REPORT
PLANNING AND BUILDING DEPARTMENT
DATE: MARCH 6, 2017
SUBJECT: ZONING CODE AMENDMENT NO. 2017-00139
LOCATION: Commercially-zoned properties west of State Route 57 (SR-57)
APPLICANT: City of Anaheim
REQUEST: This request is a City-initiated amendment to Title 18 (Zoning) of the
Anaheim Municipal Code (AMC) to allow the sale of fireworks, as a temporary use,
on all commercially-zoned properties located west of SR-57.
RECOMMENDATION: Staff recommends that the Planning Commission, by
motion, determine that the proposed ordinance is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Sections 15061(b)(3) of the
California Environmental Quality Act and recommend to the City Council approval
of Zoning Code Amendment No. 2017-00139.
PROPOSAL: The proposed Zoning Code Amendment would modify Section 18.08
(Commercial Uses) of the Zoning Code to allow the sale of fireworks, as a temporary
use, on properties located west of SR-57, within the C-G (General Commercial), C-
NC (Neighborhood Center Commercial) and C-R (Regional Commercial) zones. The
sale of fireworks would be subject to all applicable regulations of Chapter 6.40
(Fireworks) of Title 6 (Public Health and Safety).
BACKGROUND: In 2014, Anaheim voters approved Measure E, repealing Section
6.40.030 of the AMC, which prohibited the retail sale, possession or use of safe and
sane fireworks in the City of Anaheim. Measure E also authorized the Anaheim City
Council to regulate the future sale and use of safe and sane fireworks within the City
limits. In 2015, the Anaheim City Council adopted an ordinance that included a
package of amendments to the AMC that collectively allowed for the sale and use of
safe and sane fireworks. The ordinance, adopted in 2015, amended Title 6 (Public
Health and Safety) and Title 18 (Zoning Code) of the Anaheim Municipal Code. Title
6 was amended to establish new regulations for the sale, use, and/or discharge of safe
and sane fireworks. Title 18 was amended to allow the sale of these fireworks as a
permitted temporary use within the Arena District of the Platinum Triangle Mixed
Use Overlay Zone, which limited fireworks sales to the Honda Center property.
Following the adoption of the ordinance, the City entered into an agreement with 200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765‐5139
Fax: (714) 765‐5280
www.anaheim.net
ZONING CODE AMENDMENT NO. 2017-00139
March 6, 2017
Page 2 of 2
Anaheim Arena Management for the sale of fireworks, which resulted in a successful inaugural
pilot sales program at Honda Center. Based on the positive results of the pilot program, the City
Council adopted a second ordinance, in April 2016, to allow an additional sales location in West
Anaheim. Since the approval of these ordinances and implementation of fireworks sales, there
have been no major fireworks-related incidents reported in Anaheim.
Based on feedback from council members regarding the fireworks sales program and in
anticipation of future direction, staff is pursuing changes to the program which would allow the
sale of fireworks on all commercially-zoned properties west of SR-57. In doing so, council
would then be able to consider changes to the fireworks program consistent with other programs
in surrounding cities; namely, permitting multiple fireworks stands throughout the city that are
managed and operated by various nonprofits. Sales would continue to be prohibited east of SR-
57, with the exception of Honda Center property. This geographic limitation is intended to
prevent fireworks sales in the eastern portion of the City where fireworks usage is prohibited
due to the area’s proximity to an existing fire hazard severity zone.
ANALYSIS: The proposal to expand the sale of fireworks to commercial properties west of
SR-57 could provide additional opportunities for non-profit organizations to host fireworks
booths with better access to customers, and, therefore, a greater opportunity for community
fundraising. As part of this model, Planning and Building Department staff would carefully
review the proposed sales locations in order to ensure that proposed sites can accommodate the
expected sales traffic. In addition, fireworks booths would be subject to inspection by the Fire
Department to ensure that fireworks are safely stored and handled.
CONCLUSION: This proposal is intended to amend the Zoning Code to allow the sale of
fireworks as a temporary use at locations west of SR-57, in addition to the previously authorized
Honda Center location. Staff recommends approval of this Zoning Code Amendment to allow
for a more traditional fireworks sales program while ensuring that fireworks sales locations are
properly regulated to ensure public safety.
Prepared by, Submitted by,
Gustavo N. Gonzalez Jonathan E. Borrego
Senior Planner Planning Services Manager
Attachments:
1. Draft Ordinance
REDLINED TO SHOW REVISIONS TO
CURRENT MUNICIPAL CODE
SECTIONS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TABLE 8-C (TEMPORARY USES AND STRUCTURES:
COMMERCIAL ZONES) OF SECTION 18.08.030 (USES) OF
CHAPTER 18.08 (COMMERCIAL ZONES) OF TITLE 18
(ZONING CODE) OF THE ANAHEIM MUNICIPAL CODE TO
PERMIT THE SALE OF FIREWORKS AS A TEMPORARY
USE WITHIN THE "C-G" GENERAL COMMERCIAL ZONE,
THE "C-NC" NEIGHBORHOOD CENTER COMMERCIAL
ZONE AND THE "C-R" REGIONAL COMMERCIAL ZONE OF
THE CITY LOCATED WEST OF CALIFORNIA STATE
ROUTE (SR) 57 SUBJECT TO THE REQUIREMENTS OF
SECTION 6.40.030 (SAFE AND SANE FIREWORKS
PROHIBITED) OF CHAPTER 6.40 (FIREWORKS) OF TITLE 6
(PUBLIC HEALTH AND SAFETY) OF THE ANAHEIM
MUNICIPAL CODE, BASED UPON THE FINDING AND
DETERMINATION THAT THE SALE OF FIREWORKS AS A
TEMPORARY USE IS CATEGORICALLY EXEMPT FROM
THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
SECTION 15061(B)(3) OF THE STATE CEQA GUIDELINES.
(ZONING CODE AMENDMENT NO. 2017-00139)
WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City
Council") has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare of the City and its residents; and
WHEREAS, this City Council desires to amend Table 8-C (Temporary Uses and
Structures: Commercial Zones) of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial
Zones) of Title 18 of the Anaheim Municipal Code to permit the sale of safe and sane fireworks
as a permitted temporary use on properties which are located within the "C-G" General
Commercial Zone, the "C-NC" Neighborhood Center Commercial Zone and the "C-R" Regional
Commercial Zone of the City of Anaheim located west of California State Route (SR) 57, subject
to the requirements of Section 6.40.030 (Safe and Sane Fireworks Prohibited) of Chapter 6.40
(Fireworks) of Title 6 (Public Health And Safety) of the Code; and
[DRAFT]ATTACHMENT NO. 1
2
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California
Guidelines for 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 "State
CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of
environmental documents for this ordinance; and
WHEREAS, the City Council finds and determines that the effects of the sale of
fireworks as a permitted temporary use on properties which are located within the "C-G" General
Commercial Zone, the "C-NC" Neighborhood Center Commercial Zone and the "C-R" Regional
Commercial Zone of the City of Anaheim and which are also located west of California State
Route (SR) 57 (the "Proposed Project") are typical of those generated within that class of
projects which consist of the minor temporary use of land having negligible or no permanent
effects on the environment, including carnivals, sales of Christmas trees, etc. and that the
Proposed Project does not have the potential for causing a significant effect on the environment
and pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the Proposed Project is,
therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the City Council determines that this ordinance is a valid exercise of the
local police power and in accord with the public purposes and provisions of applicable State and
local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
That Table 8-C (Temporary Uses and Structures: Commercial Zones) of Section
18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended and restated to read in full as follows:
Table 8-C
TEMPORARY USES AND STRUCTURES:
COMMERCIAL ZONES
P=Permitted by Right
C=Conditional Use
Permit Required
N=Prohibited
C-
NC
C-
R
C-
G
O-
L
O-
H
Special
Provisions
Carnivals & Circuses P P P N N
Subject to
§18.38.095 and
Chapter 3.32
Christmas Tree & Pumpkin Sales N P P N N Subject to
3
§18.38.240
Contractor’s Office & Storage P P P P P Subject to
§18.38.105
Sale of Fireworks P P P N N
Only permitted
on C-G, C-NC
and C-R zoned
properties
located west of
State Route (SR)
57 on either side,
or west, of
Brookhurst
Street, subject to
Chapter 6.40
(Fireworks) of
Title 6 (Public
Health and
Safety).
Special Events P P P P P Subject to
§18.38.240
SECTION 2.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared
invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
SECTION 3. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to
be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, published and circulated in the City of Anaheim.
4
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its
final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the ____ day of ______________, 2017, and thereafter
passed and adopted at a regular meeting of said City Council held on the ____ day of
______________, 2017, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: __________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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.