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Resolution-PC 2009-057RESOLUTION NO. PC2009-057 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT THE PREVIOUSLY APPROVED MITIGATED NEGATNE DECLARATION AND ADDENDUM ARE THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO COND1T10NAL USE PERMIT NO. 2007-05202 (TRACKING NO. CUP2008-05371), IN PART, AND VARIANCE NO. 2009-04784 (1055 EAST BALL ROAD) WHEREAS, the Anaheim CiCy Planniqg Commissioo did receive a verified Petition for an amendment to previously approved Conditional Use Permit No. 2007-05202 and Variance No. 2009-04784 to permit a seven-story office and training building with a height exceeding 100 feet and to permit a resta~rant with outdoor dining and a public dance hall with the sales of alcoholic beverages, witl~ fewer parking spaces than required by code and a greater floor uea ratio than allowed by code on certain real property situated in the City of Anaheim, County of Orange, State of California, sbown on Exhibit "A", attached ~ieretp and iocorporated herein by this reference; WHEREAS, on May 14, 2007, the Anaheim City Planning Commission, by ics Resolution No. PC3007-47, did approve CondiYional Use Permit No. 2007-05202 to coustruct a five-story office and trainin; buildiug with waivers of minimum landsoape setback and minimum number of parking spaces; and WHEREAS, the property is cuirenCiy developed with a parking loC locaCed in Che Industrial (I) zone and the Anaheim General Plan designates this property for Ind~strial land uses; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic CenCer in the City of Anaheim on May 27, 2009, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in acwrdance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed amendment to conditional use permit and variance and Co investigate and make findings and recommendations in connection therewith; and WHEREAS, the Anaheim City Planning Commission, after doe inspection, investigakion and stady made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respecC to Yhe requesC for a cooditio~al ase pernut, does find and determine the following facts: 1. That an office building wiCl~ a heighC exceeding 1Q0 feet and a restaurant wiCh outdoor dioing and a pi~blic dance hall with the sales of alcoholic beverages are uses and standards for wh3ch a conditional use permit is authorized by Anaheim Mupicipal Code Sections 1810.030.010 (Offces - General, Restaurants - Semi-Enclosed, Alcoholic Beverage Sales - Off-sale, Recreation - Commercial Iudoor) and 18.10.050 (Building Heights Exceeding 100 ~FeeY). - 1 - PC2009-057 2. That the propased office building with a heighC exceeding 100 feet and a restaurant with outdoor dining and sales of alcoholic beverages would not adversely affectthe adjoining industrial land uses, neazby residential neighborhood and the growth and development of the azea in which it is proposed to be located because the office and training uses would complement the existing industrial operations on the adjacent sites. The restaurant would be oriented away from the residential neighborhood. 3. That the size and shape of the siYe is adequate to allow Che full development of the proposed use in a man~er noC detrimental Co the paRicular area nor to the health, safety and general welfare of the public because all pazking needed for the proposed uses would be provided on the subject property and adjacent property to the north through a recipiocal parking agreement. The project's potential environmental impacCS, inaluding aesthetics and noise were evaluated in the Mitigated Negative Declaration Addendum, which ir~dicated that any potential impacks would be less than significant with the implementation of appropriate mitigation measures. 4. That the public dance hall is hereby denied based on its proximity to the residential neighborhood to the east and traffic, noise and crime concerns raised by the residents durin~ the public hearing. 5. That the traffic generated by the office a~d restaurant uses wauld not impose a~ uodue burden upon the streets and higl~ways designed and improved to carry the traffic in the area based on the Traffic Impact Analysis prepared by Garland Associates, dated February 2009 WHEREA3, said Commission does further find and deternune that the request for a variance of the following Code sections to permit fewer pazking spaces and greater floor area ratio than required by code should be approved for the following reasons: (a) SECTION NO. 1810.045 Floor area ratio (0.50 allowed. 0.61 proposed) (b) SECTION NO. 18.42A40.010 Minimum number of parkina spaces. (823 spaces required; 527 spaces proposed). 1. There are excepCiona] circumstances relating to variance (a) that do not apply geoerally to oCher properties or uses in the same vicinity and zone in Chat the proposed office building is part of a larger complex of buildings and parcels owned and occupied by the same business. When those lots and buildi~g sizes are taken ar~to account, the overall floor area ratio is far below the maximum allowed in the z,one. 2. Because of the exceptional circumstances identified in the above paragraph regarding variance (a), the strict application of the zoning code would deprive the property of grivileges enjoyed by other properk~es under identical zouing classifications in the vicinity. - 2 - PC2009-057 3. Variance (b) pertaining to the minimum number of parking spaces is hereby approved based upon the pazking ratio established by the original project parking study prepared by Rafiq and Associates, dated May 2007. When said ratio is applied to the proposed project and considering the non-overlapping operaTing hours for the office uses and restaurant, the ma~cimum parking demand anticipated is 514 spaces; and 4. The variance, under Che conditions imposed, will not cause fewer off-sCreeC parking spaces to be pzovided for the proposed use than the number of spaces necessary Co accommodate all vehicles attributable to the proposed uses because 527 parking spaces will be provided on this site and the adjacem groperty, wbich exceeds the maximom parking demand by 13 spaces; and 5. The varianee, ~nder the conditions imposed, will not increase the demand and competitio~ for parkiog spaces upou khe public streets in the immediate vicinity of the proposed use because the entire peak parking demand will be served by the proposed parking supply on the subjec[ property and the existing surplus supply on the adjacent property to the north. There is no circulation between the subject site and the properties to the east, south, and west; and 6. The variance, under the conditions imposed, will noC increase traffic congestion within the off-street parking areas or lots provided for such use based on the Traffic Impact Analysis prepared by Garland Associates, dated February 2009; and 7. The variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in Che immediate vicinity of Yhe proposed use because the project is designed,such that all circalation and vehicle stacking contributing to the antieipated parking demand would be accommodated on site. WHEI2EAS, the previously approved Mitigated Negative Declaration and Addendum dated May 2009 are adequate to serve as the required environmental documeutation in connection with this req~est. 'I'HEREFORE BE IT RESOJ,VED that the Anaheim City Planning Commissio~, Yor the reasons hereinabove stated, does hereby approve the proposed amendment to Conditional Use Permit No. 2007-050202 and amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC3007-47, as described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and genera] 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) equivalenC timing is established that satisfies the original intent and purpose of tUe condition(s), (ii) the modification complies with Che Anaheim Mu~icipal Code and (iii) Che applicant has demonstrated signifacant progress toward esCablishment of Yhe use or approved developmenl. Extensions for further time to complete conditions of approval may be granted in accordance with SecCion 18.60.170 of the Anaheim Municipal Code. - 3 - PC2009-057 BE [T FURTHER RESOLVED, that except as amended herein, Planning Commission Resolution No. PC2007-47, remains in full force and effect. BE iT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Flanning 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 competentjurisdiction, 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 oFthe proposed request only to the extent that complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing pFthis discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 27, 2009. Said resolution is subject to the appeal provisions set forth in Chapter l 8.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event ofan appeal. C1TY PGANNI~COMMISS[ON ATTEST: V ~ SENIOR S~RETARY, ANAHEIM CITY PLANNING COMM[SSION - 4 - PC2009-057 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anahelm City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on May 27, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO • NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I bave hereunto seC my hand this 27~' day of May, 2009. 3ENIOR S~`CRETARY, ANAHEIM CITY PLANNING COMMIS3ION ~ 5 - PC2009-057 EXHIBIT "A" VARIANCE NO. 2009-0~4784 - 6 - PC2009-057 EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERNIIT NO. 2007-05202 VARIANCE NO. 2009-04784 CONDITIONS OF APPROVAL RESPONSIBLE (Mitigation Measures from the Mitigated Negative FOR NO. Declarakion are identi~ed by the measure number in MONITORING arenthesis followin the condition.) PRIOR TD ISSUANCE OF BUILDING PERMITS 1 The property owner shall dedicate to khe Ciry of Anaheim Poblic Works - comer cut-off dedications at Ball Road/East Street and Ball Development Road/L.ewis Street. Services 2 An unsubordinated resiricCed covenanY groviding reciprocal Planning access and parking shall be made with the property located at 1001 East Ball Road for a minimum of 304 pazking spaces. This covenant shall be approved by Planning Services Mauager in a form satisfactary to the City Attorney, and shall be recorded with the OfFice of the Orange County Recorder. A copy of the covenant shall then be submitted to the Planning Services Manager. Said covenant shall be referenced in all deeds transferring all or any parC of Yhe interest in the applicable properties. 3 Plans submitted for building permiYS shall deraonstraYe ChaY Public Works - all driveways shall be constructed with ten (10) foot radius Development ' curb returns in conformance with Engineering Standard No. Services I 15 and subject to the review and approval by the City Engineer. 4 Plans suhmitted for building pemuts shall demonstrate that P~blic Works - gates shall not be insYalled across the driveway in a manner Traffic/ wbich may adversely affect vehicular traffic in the adjacent planni~g public street. Installatiou of any gates shall conPorm to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Engineer and the Planning Services Manager. 5 Plans submitted for building permits shall demonstraCe Public Works - ' co~formance with the carrent version of Engineering Traffic Standard Plan Nos. 436, and 470 pertaining to parking standards a~d driveway locaCion and shall be subject to the review and approval of Che CiCy Engineer. - 7 - PC2009-057 6 If the projeet reguires street widening or modification of Public Works - any driveways, improvement plans shall be submitted to the Traffic Public Works Department, Traftic Division, showing Che removal ar relocation of any trafFc signal equipment or any other item related to the trafFc signal as required by the City Traffic and Transportation Manager. 7 Plans submitted for buildiag pernuts shall demo~sLrate Public Works - conformance with Engineering Standard No. 115 paRaining Traffic to sight distance visibility for the sign or the wall/fence locations and shall be subject to the review and approval of ' the Ciry Traffic and Transportation Managec 8 Plans shall be submitCed to tbe Public Works DeparCmenY Public Works - for review and approval showing conformance with the Development cunent version of Engineering Standard Detail No. 473 Services pertainin~ to driveway locations. Subject property shall thereupon be developed and malntained in conformance ' with said plans. 9 Plans submitted for b~ilding pemuts sball demonstrate that Public Works - no reqaired pazking area shall be fer~ced or otherwise Tr~c enclosed for storage uses. 10 Plans submitted for building permits shall demonstrate Chat Public Works - an on-site trash truck turn around area shall be provided per Streets and Sanitation Engineering Standazd Detail No. 476 or an approved altemative, which shall be shown on plans as re~uired by StreeCS and 3anita6on Manager. 11 Plans sabmiCted for b~ilding permits shall demonstrate that Planning trash storage areas shall be provided and maintained in a Public Works - location acceptable to the Streets and Sanitation Manager Streets and SanitaCion and in accordance witl~ approved plans on file witli the Pablic Works Department, Streets and Sanitation Divisiau. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacenY streets or highways. The walls of the storage areas shall be grotected from graffiti opporlunities by Che use of plant materials such as minimum 1-gallon size clinging vines planCed on maximum 3-foot centers or tall shrubbery. 12 A plan sheet for solid waste storage and collection and a Public Works - plan for recycfing shall be submitCed to the Streets aud StreeCS and Sanitation Sanitation Manager for review and approval. - 8 - PC2009-057 13 The locarions for future above-ground utility devices Planning including, but not limited Co, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be showo on plans submitted for building permits. Plans sball also identify the specific screening treaunents of each device (i.e. landscape screening, color of walls, materials, identiflers, access points, etc.). 14 All requests for new water services or fire lines, as well as Utilities - Water any modifications, relocations, or abandonment of existing Engineering water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Fublic • Utilities Department. 15 ~ All exisUng water services and fire li~es shall conPorm to Urilikies - W ater current WaCer Services Standazds Specificatioos. Any Engineering 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 property ow~er/develaper shall be responsible for the cosYs to upa ade or to abandon any water service or fire line. 16 All backflow eguipment shall be located above ground UYilities ~ Water outside of the front setback area in a manner fully screened Engineering from al] public streets and all~ys. Any backfiow assemblies currently installed i~ a vault shall be brought up to current standards. Any other large water sysCem eq~ipme~t shall be installed to the satisfaction of the Public Utilities General Manager outside of the front setback area in a manner fully screened from all public street and alleys. Said informaCian shall be speci5cally shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 17 Since this projecC has ]andscaping uea exceeding 2,500 Utilities - Water square feet, a separate irrigation meter shall be installed and Enginearing comply with City Ordinance No. 5349 and Chapter 1019 of Anaheim Municipal Code. Said information shall be specificaUy shown on plans submitted for building permits.(USS-2) 18 Any required relocation of CiYy electrical faciliCies shall be Utilities - Electrical at the property owneddeveloper's expense. Landscape Engineering and/or hazdscape screening of all pad mounted equipment shall be required and shall be shown on plans submitted for building permits. - 9 - PC2p09-057 19 Plans submitted for building pemuts shall demonstrate that, Fire prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the Fire Marshall. 20 Plans submitted for building permits shall demonstrate that, Fire during construckion, an all-weather access road as approved by the Fire Marshall shall be provided during construction. 21 Plans submitted for building permits shall demonstrate that Fire emergency vehicular access shall be provided and maintained in accordance with Fire Departme~t • Specifications and Requirements. 22 Plans submitted for building permits shall demonstrate that Fire an auYOmatic fire sprinkler alarm system shall be designed, installed and maintained as required by the Fire Marshall. 23 Plans submitted for buildi~g permiCS shall demansYrake That Fire a fire alarm system shall be designed, installed and maintained as reqaired by the Fire Marshall, 24 Plans s~bmitted for building pernuCS shall demonstraCe that Planning all air conditioning apparatus and other roof and ground- mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties ' and the public right-of-way. 25 Finallandscape and fencing plans for the subject property Planning sball be submitTed for review and approval by Che Planning Director. Said plans shall show minimum 24-inch and 36- inch box size trees, shrubs, groundcover, and clinging vines to be planted in layers and shall also show decorative hardscape treatment within the central courtyard area. The landscape material selected shall be appropriate to the width of either the parkway or the planter area. Any decisian made by the Planning DirecYOr regazding said plan may be appealed to the Planning Commission. All trees shall be properly and professionally maintained by The property owner to ensure mature, healthy growth. Such information shall be specifically showu on the plans submitted for building permits. 26 Final landscape plans shall include specificacions and a Planning note showing replacement trees at a 2:1 ratio with a balanced mix of palm and broad canopy trees of 24-inch and 36 inch sizes. Tbe intent of this miri ation measure is - 10 - PC2009-057 to provide a screening canopy between the building and both arterial streets to buffer views of the building from surrou~ding areas. In addiYion, the Landscape Plans shall identify specia] treatments and specifications for C13e landscape setback area along the east and south sides of tt~e Project site including a swale and/or hedge which include berms, low shrubs, and/or benches with decorative 3-foot high planter walls to visually screen parking areas from t6e street and adjacent residences to the satisfaction of the Planning Director.( AE-1) 27 Plans submitted for b~iading perrnits shall demonstrate ,-`Planning the use of special exterior building treatments for the ~ proposed stzucture to ensure appropriate materials are incorporated to reduce light and glare from the Project to the greatest extent feasible including the use of spandrel glass windows pot exceeding 21 pereent of the building fa~ade and non-glare finishes. (AE-2) 28 The property owner/developer shall provide a traffic Public Works - ~~~ control plan for review and approval by the City Traffic Traffic ~~~ and Transportat9on Manager. This plan shall descube in detail, safe detoars around the ~roject construction site and provide temporary traffic control (i.e., flag personj doring demolition debris transport and other construction related truck hauling activities per the W.A.T.C.H. Manual. Plans snbmitCed for building permits shall include a note requiring this plan to be implemenCed by the property owner/developer throughout consmiction of the project.(AQ-1) 29 Plans submitted for buildin~ permits shall include a note Planning on the plan requiring that during construction, onsite Building ternporary eonsCruct9o~ power shall be provided for electric consCruction tools to eliminate the need for diesel and gasoline powered electric generators.(AQ-2) 30 Plans submitted for building permits shall include a note Planning Chat during consCruction, zero-Volatile Organic Building Compounds (VOC) content paints (assumes no more than 100 grams/liter of VOC) shall be used aY the masimum extent feasible. All paints shall be applied using eiCher high volume, low pressure (HVLP) spray equipment or by ha~d application. (AQ-3) - 11 - PC2009-057 31 Plans submitted for building permiCS shall demonstrate Police that adequate ligtating of parking lots, driveway, circalation areas, aisles, passageways, recesses and gro~nd contiguous to buildings shall be provided with lighting of a minimum one foot candle to provide adequate illuminatioo to make clearly visible the prese~ce of any person on or about the premises during the hours of darkuess and provide a safe, secure environment for all persons, property, and vehicles onsite. Said information shall be specifically shown on plans submitted for approval by the Chief of Police. 32 Plans submitted for bnilding permits shall demonstrate 4- Police foot high address numbers displayed flat on the roof of the building in a color that oontrasts wiCh the roof material. The ~ambers shall not be visible from the streets or adjacent properties. Said numbers shall be painCed prior Co final bijildiog and zoning inspecrions. 33 The project shall provide for accessible truck deliveries Public Works - on-site. Said information shall be specifically shown on Traffic plans submitted for building permits. 34 Building and parking loC lightiog shall be decorative. Planning Additionally, lighfing fixtures shall be down-lighted and direct away from residenCial properCies to protect the residentia] integriYy of tbe azea. Said information shall be specifically shown o the plans s~bmitted for building permits. 35 All plurnbing ar other similar pipes and fixtures located Planning o~ che exterior of the buildiog sfiall be fully screened by azchitectural devices and/or appropriaCe building materials. Said informakion shall be specifically shown on the plans submitted for building permits. 36 Plans submiYted for bui3ding permits shall include a note Planning that while the project is under consCruction, the site will be screened with a temporary fence to visually screen the consri~ucdon areas from the adjacent streets and residences. - 12 - PC2009-057 37 Landscape plans shall demonstrate compliance with the Plannang City of Anaheim adopted Landscape Watec Eff'icienoy Utilities - Resouree Guidelines. This ordinance is in compliance with the Efficiency Staie of California Water Conservatioo in Landscaping Act (AB325j.( USS-i) 38 Existing sewer deficiencies are identified in City sewers public Works - on East Street and Ball Road adjacent to this property. Developmeot Provided that the sewer connection is made to the Services manhole at the intersection of Lewis Street and Ball Road or at a downstream location from Chis point, ~ improvemenCS need not be made relative to these existing de'ficiencies as a result of this development. The owner/developer shall verify thraugh a sewer stndy that no additional deficiencies are created based upon the com letion of this develo ment. PRIOR TO ISSUANCE OF A GRADING PERMIT 39 ~e pro~erCy owner/developer shall submit a Water Quality Public Works - Management Plan to t6e Pablic Works Deparlment ~evelopment Development Services Division for review and approval Services fl~a[: (a) Addresses Site Design Best ManagemanC Practices ($MPs) such as minimizing impervious areas, ma~imizing permeabiliYy, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, aad conserving natural areas. (b) Incorpozates the applicable Roatine Source ConCrp] BMPs as defined in the Drainage Area Management Plan. (c) Incorporates TzeaCment Control BMPs as defined in the DAMP. (d) Describes the long-term opezation and mainteoance requirements for ifie Treatment Control BMPs. (e) 3denflfies Yhe enrity that will be respo~sible for long term operation and maintenance of the Treatment ConCrol BMPs, and (~ Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. AO The property owneddeveloper's contractor shall verify Planning chat if the commencemeat of construction coincides witl~ Building the nesting seasoo for Migratory Birds (between early February and August, baC can vary slightly from year to - 13 - PC2009-057 year) immediately prior To demolition, o ading or any related construction-phase aetivities, tfie contractor shall hize a qnalified biologist to co~duct a breeding bird survey to identify any potential nesCing activities aod shall forward the res~lts of the survey Co the City of Anaheim Building Official. Ttie survey shall recommend appropriate measures ta be implemented during construction.(BIO-1) 41 The property owner/developer shall submit a letter to the Planning Department of Public Works, Development Services Public Works - Division, and the Planning DeparCmenC, identifyi~g the , Development certified archaeologist that has been hired to ensure that Services ttie following acCions are implemented: (a) The archaeologist must be present at the pre-grading conference in orderto establish proceduresfor temporarily halting or redirecting work to pernvt the sampling, idenCification, and evaluation of arCifacts if potentially significant aRifacts are uncovered. If artifacts are uncovered and detemilned to be significant, the archaeological observer shall determine appropriate acYions in cooperation with the property owner/developer for exploration and/or salvage. (b) Specimens thaC are collected prior Co or during Che grading process will be donated to an appropriate educational or researcb insYiYution. (c) Any azc3~aeological work at the site shall be conducted ander the direction of the certified archaeologist. If any artifacts are discovered during grarling operations when the arehaeological monitor is not present, grading shall be diverted around the area ^nti] the moniCor can survey the area. (d) A fi~al reporC detailing Yhe findings and disposiCion of Che specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify Clie CiCy ko when t}~e tinal reporC will be submitted (CR-lj 42 A licensed Environmental Engineer who is quaHfied to Plan~ing test and determine if paint or other materials ~sed in the Building existing parking lot contain significa~C levels of lead shall Fire develop a remediation plan for lead if necessary: a) Lead painted components and/or ]ead-containing materials should not be sawed, abraded, burned, crushed, or ground inCO mulah. bj Lead abatement work, includin re araCion of lead- - 14 - PC2009-057 painted surfaces for new paint, removal of ]ead paint, or demolition of lead-painted materials, should only be performed by a lead abatement contractor utilizing supervisor(s) and workers with ttEe appropriate California Department of Health Services (DHS) certification and training. c) California Regulations classify lead waste, including soil, demoliCion debris, and waste Prom lead abatement pzojects, as hazazdous waste if: 1. The results of a Total Threshold L.imit Concentration (TTLC) test indicate 1;000 pazts per million (ppm) or more lead; or 2. The results of a CaliFomia Waste ExtracCion Test (WET) exceed the Soluble Threshold Limit (STLC) for lead of 5 ppm. d) Hazardous waskes must be disposed of at a hazardous waste landfill and must be hauled u~der a proper manifest by a licensed hazardous waste transporter. According to the California Department of Toxic Substances Control, HSC 25157.8 (from AB 2784, Strom-Martin, 1998), mandates that lead wastes with a TTLC result greater than 350 ppm be disposed of at a Class 1 hazardoas waste landfill, or at other landfilis that have specific permits to accept these wastes. However, a hazardous waste manifest and a registered hazazdous waste transporter are not needed if the only hazard is that Che wasCe coz~Cains lead at greater than 350 ppm, but less than 1,000 ppm (mg/k~). e) Prior to issuance of perniits, TTLC and STLC tescs should be run for each lead waste stream. Running these tests requires collection and analysis of bullc samples of each separaCe waste (e.g. paint ohips, a chunk of painted wood trim, a chunk of painted conerete, or a chunk of ceramic rile). (HM-1) ONGOING DURING CONSTRUCTIONI 43 Ongoing d~ring grading and any acCivity that disrupts the ' Plan~ing exisCing surfaees wiYhin Che Project area, the contractor Building shall hire a qualitied Environmental Engineer to conduct i Fire soil borings around Che idenCified suspecCed contaminated sites to determine the extent of contamination and to provide appropriate mediation, including the need to relocate monitoring wells, to the saCisfaction oP the Fire Marshall. If contamination is discovered during the construction phase, remadial acCion shall be carried out pursuant to Mitigation Measure HM-4. (HM-2) - 15 - PC2009-057 44 Ongoing during the construction phase of the Project, the Plannin; contractar shall implement the following hazardous Buildiog materials management practices as routine. The Fire implementation of these measures shall be field verified by the City of Anaheim Building Official or his/her designee during site inspections 1. Posting a list of chemicals to be used during co~strucCion on site; 2. Having a spill prevention plan on site, 3. Lockino hazardous and other flammable materials in a fire-rated cabinet, if stored on site, 4. Using an offsite cemeot mixer to Cransport cement to • the site, 5. Storing maCerials nsed for constmction in an inactive form until they are ready to be used, 6. Storing gasoline in a dn~m with double walls or if using a drum with one wall, having a spill protecCion dyke, 7. Covering storm drains to prevent spills from entering the storm drains, 8. Having fire exting~ishers on site at all times, 9. Mandating that workers who handle hazardous materials use gloves and other protective gear including a charcoal respirator, 10. Having a Spill Prevention Plan on siCe, 11. Following City guidelines for traYYac stnping, and 12. Following the Storm Water Pollution Prevention Plan for the site.(HM-3) 45 If subsurface contamination is found during construction, Planning tl~e contractor shall hire a qualified Environmental Building Enginaer to prepare a remediaLion report pursuanC to all Fire Federal, state and loca] ordinances, which documents the type of contamination and the appropriaCe method for remediation. The contracYOr shall carryout the appropriate remediation to the satisfaction of the City of Anaheim Building Official and Fire MarshalL (HM-4) PRIQR TO FINAL BUILDINGAND ZONING INSPECTION 46 'The property owner/developar shall: Public Works - {a) Demonsh~ate Chat all structural BMPs described in Development the Project WQMP have been constmcted and Services installed in conformance with approved plans and specifications. (b) DemansCrate that the property owuer/developer is re ared to im lement all oon-sCrucYUral BMPs - 16 - PC2009-057 described in the Project WQMP. (c) Demonstrate that an adeqaate number of copies of the approved Project WQMP are available onsite. (d) Submit for review and approval by the City an Operatian and Mainteoance Plan for all svuctural BMPs. 47 ADA compliant curb access ramps with truncated domes Public Works - shall be constructed at Ball Road/East Street and Ball Road Development L,ewis Street in conformance with Public Works Standard Services Detail ll l-2. 48 The sobject propeRy shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the property owner/developer and which plans are on '~le with the Planni~g Department marked Exhibit Nos. 1(Site Plan), 2(Shared Parking Exhibit), 3(Conceptual Grading Plan), 4(Conceptual Landscape Plan), 5 through 8(~loor Plans), 9 through 10 (Elevations) and 11 (Building Sections), and as conditioned herein. GENERAIJONGOING DURING PRQJECT OPERATION' 49 The traaning facili6es shall be operated as a part of the Planning business wh9ch occupies the building and shall not be used for public uses. If at any time the operational characteristics of the training facility changes, a detailed description of the operational changes sf~all be submitted for review by the City's Traff'ic and Parking Consultant to determine iY the changes would cause fewer off-street parking spaces to be provided than the number of spaces provided on sice. If it is deCermined Che expected dema~d is greater than the spaces provided on site, an application for modification of the condirional use permit shall be ~ submitted to the Planning Services Division for approv~l by the Planning Commission. 50 Hours of operation for the restaurant to be open Co the Planaing public shall be limited to: Code Enforcement Monday - Wednesday: 4 p.m. to l 1 p.m. Thursday, Friday: 4 p.m. to midnight Saturday: 11 a.m. Co midnight Sunday: 11 a.m. to ll p.m. - 17 - PC2009-057 51 The easterly driveway shall be closed nightly beginning at Traffic and 10 p.m. in a manner that is satisfacYOry To the 3'raffic and Transporation Transportation Manaber. planning Code Enforcement 52 All trash generated from this office building shall be Code Enforcement properly contained in trash bins located within approved public Works - trash enolosures. The number of bins shall be adequate Streets and SaniCation and the trash pick-up shall be as fre~uent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation ' Maoager or Streets and Sanitation Manager shall determine the need for addiCional bins or additipnal pick- up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 53 The property shall be permanently maintained in an Code Enforcement orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti wiChin Cwenty-four (24) t~ours from the time of discovery. 54 The permitted event or activity shall not create sound levels Police/ thaC violate any ordinance of the City of Anaheim. (Section Code Enforcemet~t 4.i6100.010 Anaheim Manicipal Code) 55 Sec~rity measures shall be prpvided to Cbe satisfaction of Police/ the Chief of Police that would deter unlawfu] conduct of Code Enforcement 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 ]eaving the premises. 56 Any and a11 security officers provided shall comply with all Police/ State and Local ordinances regulatiug their services, Code Enforcemenk including, witho~t limitation, ChapCer i1.5 of Division 3 of ' the Califomaa Business and Profession Code. (SecCio~ 4.16:070 Anaheim Municipal Code) 57 Anytime the premises are providing entertainment, the Police/ petitioner(s) shall provide uniformed security personnel. Code Enforcement - 18 - PC2009-fl57 58 The number of persons attending the event shall not exceed Fire/ the masimum occupancy load as determined by the Fire Code Enforcement Marshall. Sions indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. 59 The doors shall remain closed at all times that Police/ enteRainment is permitted, except during times of entry ar Code Enforcement ' exit, emergencies and deliveries. (Section 4.18110 Anaheim Municipal Code) 60 The business shall not be operated in such a way as to be Police/ detrimental to the public health, safety or welfare. Code Enforcement 61 All entertainers and employees shall be clothed in such a Police/ way as to not expose "specified anatomical azeas" as Code Enforcement described in Section 7.16.060 of the Anaheim Municipal Code. 62 The bosiness shall not employ or permit any persoos to Police/ solicit or encourage others, directly or indirectly, to buy Code Enforcement them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or consgiracy. (Section 24200.5 Alcoholic Beverage ConCrol Aet). 63 The floor spaee pcovided for dancing shall be free of any PoGee/ ' fiirniture or partitians and maintained in a smooth and safe Code Enforcement condiCion. 64 Any violation of the application, or any attached conditions, Police/ shall be sufficient grounds to revoke the pernut. Code Enforcement 65 There shall be uo exterior advertising or sign of any kind Folice/ or type, including advertisin~ directed to the exterior from Code Enforcement within, prompti~g or indicating the availabiliry of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall co~stiTUCe a violarip~ of Chis condition. 66 There shall be na requ9remenC Co purchase a minimum Police/ ^umber of drinks. Code Enforcement - 19 - PC2009-057 67 At all times when the premise is open for business, the Police/ premise shall be maintained as a bona fide restaurant and Code Enforcement shall provide a menu containing an assortment of foods normally offered in such restaurant. 68 Signs shall be posted at afl exits of the premises of the Police/ prohibition of alcoholic beverages from leaving the Code Enforcement confines of the establishment. 69 Alcoholic beverages can~ot be included in the price of Police/ admission. Code Enforcement 70 There shall be no amusement machines or video game Police/ devices mai~taiued upon the premises at any Cime wiChout Code Enforcement obtaining the prQper permits Prom the City of Anaheim. ~ 1 There shall be no bottle service or similar service allowed pa~ice/ in the nightclub. An empioyee must be responsible for Code Enforcement mixing and dispensing of all drinks. Excepf for beer, no bottle shall remain in [he ossession of Che atron. 72 The smoking patio shall include a 6 foat high wall or Police/ fence t4at would preclude patrons from passing a drink to planning tlie outsida of tl~e patio. 73 The ow~er/operator shall obtain appropriate permits for Planning/ entertainmeat from the Business License Division. Code Enforcement 74 ~'he easterly parking lot shall be limited to parking for Planning employeas of the office building and the restaurant in Code Enforcement order to limit congregating along tl~e east side of Che property after the restaurant closes. - 20 - PC2009-057