Resolution-PC 2009-073RESOLUTION NO. PC2009-073
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT PREVIOUSLY CERTIFIED EIR NO 313 IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION FOR THIS REQUEST AND
APPROVING AN AMENDMENT OF CONDITIONAL USE PERMIT NO. 2006-05103
AND AMENDING, IN THEIR ENTIRETY, THE CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC2406-59
(TRACKING NO. CUP2008-05390)
(1946 SOUT`H HARBOR BOULEVARD)
WHEREAS, tUe Anaheim City Planning Commission did receive a verified Petition to
amend Conditional Use Permit No. 2006-05103 to expand an existing surface parking lot and amend
a condition of approval pertaining to a time limitation pursuant to Code Section No. 18.60.180 of the
Anaheim Municipal Code for certain rea] properCy situated in the City of Anaheim, County of
Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this
reference;
WHEREAS, on June 26, 2006, the Anaheim City Planning Commission adopted
Resolution No. PC2006-59 approving Conditional Use Permit No. 2006-05103 for a period of iive
years to pemvY a temporary parking lot; and
WfIEREAS, the applicant also proposes to expand the existiqg temporazy parking lot to
permit a phased build-out of up to 2,570 additional temporazy parking spaces for use by guests of The
Disneyland Resor[; and
WHEREAS, this property is currently developed with 12 acres of temporary parking
lots and 41 acres of undeveloped land, located in the Anaheim Resort Specific Plan (SP92-2) Zone
and Che Anaheim General Plan designates Yhis property for Commercial Recreation uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of A~aheim on Aug~st 17, 2009, at 2:30 p.m., notice of said pnblic hearing having been
duly given as required by law and in accordance with the provisions of the Anaheim Municipal
Code, Chapter 18:60 "Procedures", to hear and consider evidence for and against said proposed
amendment and Co iovestigate and make findings and recommendatious in conoection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideratiop of all evidence and reports offered at said hearing,
does find and detemune the following facts:
1. The proposed expansion of a temporary parking lot is properly one for which a
conditional use permit is authorized by the Anaheim Municipal Code Section 18116.070.050.0506.
2. The exiscing and proposed temporary parking areas would not adversely affect the
adjoining land oses or the growth and developme~t of the area because the carrent parking areas
have been well maintained and operated in compliance with all conditions of approval and Che new
parking areas will be subjact to the conditions of approval in Exhibit B to this resolution to ensure
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that these parking azeas will not adversely affect Che adjoining land uses or the gzowkh and
development of the area.
3. The traffic generated by the existing and proposed temporary parking areas will not
impose an undue burden upon the streets and highways designed and improved to cany the traffic in
the area as there are conditions of approval ttiat have been incorporated inCO this resolution which
ensure adequate ingress and egress to the site and mitigate traffic impacts.
4. The size and shape of the site is adequate to allow the full development af the
temporary parking areas, in a manner not detrimenCal to either the particular area or health and
safety.
THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission has
reviewed the proposal and does hereby ffnd that the previously-ceRified EIR No. 313, which was
determined to be the appropriate environmental documentation in connection with Conditional Use
Permit No. 2006-05103, is adequate to serve as the required environmenta] docamentation in
connection wiCh tbis amendment.
BE IT FURTHER RESOLVED that the Anaheim Ciry Flanning Commission, for the
reasons hereinabove stated does hereby approve the proposed amendment of Conditional Use Pernut No.
2006-05103 (Tracking No. CUP2008-05390) subject to tt~e conditions of approval which are amended in
thair enCirety and described in Exhibit "B" attached hereto and incorporated by tt~is 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 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 Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by
the Planning Director opon a showing of good cause provided (i) equivalenC timing is established Chat
satisfies the original intent and purpose oP the condition (s), (ii) the modification complies with the
Anabeim Municipal Code and (iii) the applicant has demonsCrated significanC progress toward
establishment of the use or approved developmeot.
BE IT FURTHER RESOLVED, except as otherwise amended herein, Resolution No.
PC2006-59 remains in full force and effect.
BE IT FURTHER RESOLVEP, tYais permit is approved without limitations on the
hours of operation. AmendmenYS, modafications and revocaClons af this permiC may be processed in
accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated
Revocation or Modificatiou of PermiYS) of the Anaheim Munieipal Code.
BE 1T FURTBER ~2ESOLVED Yhat the Anak~eim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon applicapt'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 F{T12THER RESOLVED that approval of this application constituCes approval
of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code
and any other applicable City, State and Federal regulations. Approval does not include any action or
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findings as to compliance or approval of Yhe request regard'ang any oCher applicable ordanance,
regulation or requirement.
BE IT FTJRTEIER RESOLVED tbat the applicant is responsible for paying all cbarges
related to the processing of this discretionary case application within 15 days of Che issuance of the
final invoice. Failure to pay all charges shall result in the revocatian of the apgroval of this
application.
THEFOREGOING RESOLUTION was adopted at the Planning Commission meeting
of August 17, 2009. 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.
PLANNING CONIMISSION
ATTEST:
ARY. ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on A~gust 17, 2009, by zhe following vate of the members thereof:
AGARWAL, AMENT, SUFFA, FAESSEL,
AYES: COMMISSIONERS: RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMiSSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 17'~ day of August, 2009.
ARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 200G-Oi103
(Tracl.ing No. CUP2008-O5390)
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Please rtoie ihe accuracy is+/-n~m to five feet.
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EXHIBIT "B"
AMENDMENT OF CONDITIONAL USE PERMIT NO. 2006-05103
(TRACKING NO. CUP2008-05390)
CdNDTTIONS OF APPROVAL
(NOTE:'Mitigauan Measures ("MM7 from Mitigation Monitoring' ~SPONSIBLE'
NO. program No. 0&5 are incorporated into these conditions of approval MONITORING
and are identi~ed 6y the rnitigadon measute number below
applicable condifion numbers.}
1 This permiY shall terminate on September 8, 2015, six (6) years fram Planning
the date its term commences, provided, however that if the Anaheim
Fixed-Guideway Transit System, as described and contemplated in
Section 5.1 of the City of Anaheim Transit Master Plan adopted on
December 18, 2007, is not fully constructed, operational and open for
continuing use by the general public by September 8, 2014, then the '
term of this grant shall automatically be extended for an additional
four (~4) years to September 8, 2019.
PRIOR TO ISSUANCE OF GRADING PERMITS
2 The property owner/developer shall submiY Demolition and Public Works
Import/Export Plans. The plans shall include the proposed haul route, Construction
identification of offsite locatiops for materials exporC fram the project Services and
and options for disposal of excess material. These options may Development
include recycling of materials onsite, sale to a soil broker or Services
contracYOr, sale to a project in Che viciniYy or Cransport 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 conerete, for sale or
removal by private firms or public agencies for use in constnaction of
other projects, if not all can be raused on project site (MM 3.4-4)
3 Noise generated by oonsCrucCion activity shall be limited by the Buildi~g
property owner/developer to 60 dBA along the property boundaries, (verification of
before 8:30 a.m. and after 7:00 p.m., as governed by Cliapter 6.7Q notes on plans) '
Sound Pressure Levels, of the AnaheimMunicipal Code. (MM 3.5-1) Code
Enforcement
4 An 8-foot-high perimeter or portable construction barrier shall be Building
provided by the property owner/developer along boundaries of
construction areas which have noise-sensitive land uses adjacent to
them to minimize noise impacts. Tk~e construction sound barriers
shall be a minimum height of 8' with a minimum surface weight of
1.251bs. per square foot or a minimum Sound Transmission Class
Rating (STC) of 25. The stracture shall be a continuous barrier.
Gates and oCher enkry doars sball be consCructed with saitable
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mullions, astragels, seals, or other design techniques to minimiae
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. (MM3.5-2)
5 The property owner/developer shall submit to the City Engineer for Public Works
review and approval, a soils and geological report for the area to be Development
graded, based on proposed grading and prepared by an engineering Services
geologist and geotec6n9ca1 engineer. All gzading shall be in
conformance wiCh Title 17 of the Anaheim Municipal Code. (MM
3.6-1)
6 The property owner/developer shall submit a Master Drainage and Public Works
Runoff Management Plan (MDRMP) for review and approval by the Development
Public WorksBngineering Department, Development Services Services
Division. The MasCer Plan sball include, but not be limited to, the
following 3Tems:
a. Backbone sCOrm drain layout and pipe size, including snpparting
hydrology and hydraulic calculations for storms up to and
includin~ the 100-year storm; and,
b. A delineation of the improvements to be implemented for control
of project-generated drainage and runoff. (MM3.7-1)
7 The property owner/developer shall submit for review and apgroval Public Works
of tt~e City Engineer, a Water Quality ManagemenY Plan (WQMP) Development
specifically identifying Best Management Practices (BMPs) that will Services
be used omsite to control predictable pollutant mn-off. This WQMP
shall identify the structural and non-structural measures specified in
Appendix 7 of the Coanrywide Drainage Area Management Plan de-
tailing implementation of BMPs whenever they are applicable to the
project (when the project has a below grade loading dock, for
example); the assignment of long-term maintenance responsibilities
(specifying the developer, parcel owner, mainYenance association,
lessee, etc.); and, shall reference the location(s) of structural BMPs.
(MM 3.7-2)
8 The property owner/developer shall obtain coverage under the Public Works
NPDES Statewide Ind~strial Stormwater Pernut for General Development
Construction Activities from the State Water Resources ConCrol Services
Boazd. Evidence of attainment shall be submitted to the City
Engineer. (MM 3:7-3)
9 The property owner/developer shall submit an emergency fire access Fire
plan to the Fire Department for review and approval to ensure that
service to the site is in accordance with Fire DeparCmenC service
requirements. (MM 3.91-2)
10 The praperty owoer/developer shall submit a letter confirming Chat a Fire
qualified environmeutal professional has collacted and aualyzed Eoviro~mental
represe~tative samples of shallow soils for pesticide and herbicide ProCectio~
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residue. If soils containing pesticides or herbicides above regulated
limits are found, the letTer shall specify the remedial actions that shall
be carried out before any disturbance to the soils occ~rs. Remedial
actions should consist of removal and disposal or treatment of
affected soils according to all applicable local, state, and federal
regolations. Following completion of remedial actions, the properry
owoer/developer sball snbmit a letter confirming Chat the remedial
actions were completed. (MM 3.~0-6)
11 The property owner/developer shall s~bmit a letter identifying the i'ublic Works
cerCified archaeologist that has been hired to ensure that the following and ConstrucCion
actions are implemented: Services
a. The archaeologist must be present at the pregrading conference in
order to establish procedares 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
azcbaeological observer shall deternvne 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 educa6onal or research
institution.
c. Any archaeological work at the site shall be conducted under the
direcCion 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.
A final report detailing the findings and disposition of the specime~s
shall be snbmitted to the City Engioeer. Upon compleC3on of the
a ading, Che archaeologist shall noCify the City as to when the final
report will be submitted. (MM 3.12-1)
12 The property owner/developer hall submit a letter identifying the Public Works
certified paleontologist that has been hired to ensure that the and Construction
following actions are implemented: Services
a. The paleontologlsC must be present at the pregrading conference an '
order to establish procedures to temporarily halt or redirect work
to permit ihe sampling, identificatioo, and evaluation of fossils if
potentially significant paleontological resources are uncovered. If
artifacCS are upcovered and found to be significant, the
paleontolo~ical 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 approgriate edncational or research
insCitution.
c. Any paleontological work at the site shall be conducked under the
direcCion of the certified paleontologist. If any fossils are
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discovered during grading operations when the paleontological
monitor is not present, grading shall be diverted around the area
until the monitor can survey the area.
d. A final reporC detailing the findings and disposition of the
specimens shall be submitted. Upon completiou of the grading,
the paleontologist shall notify the City as to when the final report
will be submitted. (MM3.12-2)
13 A rough or precise grading plan prepared by a registered Civil Public Works
Engineer shall be submitted to the City Engineer for review and Development
approval. Services
14 The property owner/developer shall sabmit plans which detail the Planning
lighting system For any parking facilities adjacent to residential or .
light-sensitive uses. The systems shall be designed and maintained in
such a manner as to conceal light sources to the extent feasible to
minimize light spillage and glare to Che adjacent uses. The plans shaIl
be prepared and signed by a liceosed electrical engineer, with a letter
from the engineer stating that, in the opinion of the engineer, Yhis
requirement has been met. (MM 3.11-5)
15 The location and configuration of all lighting fixtnres shall be shown Planning
on plans for surface parking. All proposed surface parking area
lighting fixtures shall be down-lighted witb a maacimam height of
twelve (12) feet adjacenC Yo any residenCial properties. All lighting
fixtures shall be shielded to direct lighting toward the area to be
illuminated and away from adjacent residential property lines. All
ligi~ting fixt~res, types and locations shall be identified on the plans
submitted for grading permits.
16 All engineering requirements of Che City of Anaheim, includang Public Works
preparation of improvemenC plans and anstallation of all Developme~t
improvements such as curbs and gutters, sidewalks, water Pacilities, Services
street grading and pavement, sewer and drainage facilities, or other
appurtenant work sk~all be complied with as required by ttie Ciry
Engineer and in accordaz~ce wiCh specifications o~ file in the Office of
the City Engiueer, as may be modified by the City Engineer; and, Chat
security in the form of a bond, certificate of deposit, letter of credit,
completion guarantee, or cash, in an amount and Porm satisfactory to
the City of Anaheim, shall be posted with the City to gaarantee Che
saCisfacCOry completion of said improvements. Said security shall be
posted with the City prior to the issuance of a grading permit, to
guarantee Che instaflation of the related improvements prior ko final
bailding and zoz~ing inspections. (Condition NQ. 35)
17 The property owner/developer shall s~bmit a landscape and imgatiQn Resort Services
plan which shall be prepared and certified by a licensed landscape planning
architect. The landscape plan shall include a phasing plan for the
installarion and maintenance of landscaping associated with that
building permit and shall be in conformance with the WaCer
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! Efficiency Landscape Ordinance.
The irrigation plan sball specify methods for moniYOring the irrigation
' system. The system shall ensnre that irrigation rates do not exceed
' the infiltration of local soils, that the application of fertilizers and
pesCicides do not exceed appropriate levels of frequencies, and that
surface runoff and overwatering is minimized.
Tl~e landscape and imgation plans shall include water-conserving
features such as low flow irrigation heads, automatic irrigation
scheduling equipment, flow sensing controls, rain sensors, soi~
moisture sensors, and other water-conservi~g equipment. In addition,
all irrigation systems shall be designed so that Yhey will Punctian
properly with reclaimed water, once a system is available.
All landscape irrigat9on installed within futnre alCimate right-of-way
shall be connected to a private water service. All Anaheim Resort
Maintenance DasCrict uYilities locaeed in khe future ultimate right-of-
way shall be protected an place. (MNi3.11-2)
18 Root and sidewallc barriers shall be provided for trees (with the Planning
exceptioza of palm trees) within seven feet of a public sidewalk.
19 The property owner/developer shall submit plans to the Police Police
Department for review and approval for the purpose of incorporating
safety measures in the project design including the concept of crime
' prevention through environmental design (e.g., circalatian, site
planoi~g, and lighting of parking areas). (MM3.9.2-1)
20 The existing lane configuration (one ded'aaaCed left-tum lane, o~e Traffic
shared throu~hlright-turn lane, and one dedicated right-turn lane)
' shall be maintained on the westbound expanded parking lot (SP-9)
driveway exit approach, with the westbound right-tum lane being a
minimum of 350 feet long.
21 '! Entry quening sball provide for at IeasC four entry lanes. At least TrafFic
1,100 feeC of vehicle storage shall be provided prior to the entry
booths, to the satisfaction of the City Engineer.
Plt'IOTt T01+"I NA~ BrJI~DING A117~I Zf~N~NG IIVSPL~'G~'I(11~'S BY THL FLAc~'NIN~ ': ;
DEZ'flRTtl?EN T'AlltllFlNri~7~SFECTCONS$I''TFIE,i'CIIILIG;FYl~~IZKSDEI'A,RTMENT '.
22 All guest parking at the SP-9 parking lot shall be shutded to The Traffic
Disneyland Resort via buses. An operation plan detailing routing,
frequency and operation conditions shall be approved by the City
Engineer.
23 A second westbound left-turn lane on Disney Way at Harbor Traffic
Boulevard shall be installed to tl~e satisfaction of the City Engineer.
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24 Implement Adaptive Control Lite traffic signal operations, inclusive Traffic
of software, desigra, installaYion and integration, aC five signals along
Katella Avenue between Harbor Boulevard and Haster Street and on
Harbor Boulevard between Convention Way and Disney Way, to Che
' satisfaction of the City Engineer. The property owner/develaper shal]
not be responsible for the maintenance costs associated with these
' improvements. (M.M.3.3-1)
25 The applicant shall submit a letter from a licensed landscape architect Planning
to the City certifying that the landscape installation and irrigation
systems have been installed as specified in the approved la~dscaping
and irrigation plans. (MM 3.7-5)
26 For the first phase, a 12 foot high block wall shall be installed Planning
adjacent to the Red Lion Maingate along the north property line shall
be installed. (~MM 3.5-4)
27 For the first phase, signs shall be posted at the entrance to the parking Planning
lot waming against hom blowing and speeding. (MM 3.5-4)
28 For each phase, all paving shall be asphalt paving to minimize tire Planning
squealing. (IvIM 3.5-4)
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29 The property owner/developer shall implement measures to reduce Traffic
emissions to the extent practical, schedule goods movements for off-
peak traffic hours, and use clean fuel for vehicles and other
equipment, as practicable. (MM 3.~-1)
30 The property owner/developer shall provide for the following: Streets and
cleaning of all paved azeas not maintained by the City of Anaheim o~ Sanitation
a monttily basis, including, but not limited to, private streets and
pazking loCS. The use of water Co clean streets, paved areas, parking
lots, and other areas and flushing the debris and sediment down the
storm drains shall be prohibited. (MM 3.7-4)
31 The properCy owner/developer shall ensare that all intemal B~ilding
combustion e~gines on construction equipment and trucks are fitted
with properly maintained mufflers. (MM3.5-3)
32 If the Anaheim Police DeparCment or Anaheim T'raffic Management Police/Traffic
Center (TMC) personnel are required to provide temporary traffic
control services, the properCy owneddeveloper sl~all reimburse the
City, on a fair share basis, if applicab3e, for reasonable costs
associated with such services. (MM 3.3-7)
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33 The property owner/developer shall implemeAt standard practices for Public Wozks
all applicable codes and ordinances to prevent erosion. (MM 3.6-6) Development
Services
34 Engine noise from sweeping equipment used in any parking facilities Code
located adjacent to residential areas shall be muffled. (MM3.5-6) Enforcement
{verification of
notes on plans)
35 Sweeping operations in the parking facilities and privaCe on-site Code
roadways shall be performed utilizing sweeping/scrubbing equipment Enforcement
which operate at a level measured not greater than 60 dBA at the
nearest adjacent property line.
36 The new parking lot SP-9 will be implemented in phases in Planning
accordance with the exk~ibiCS subzniCCed by Che applicant and labeled
Exhibit Nos. 1-4 (Site Plans). For each phase, the property
owner/developer shall submit a letter documenting how the plan
complies with the co~ditions of approval and a site plan showing the
parking lot area for review and approval by the Plann3ng Director as
to conformance with this pernvt.
37 The property owner/developer may request approva] of an Planning
environmenCal equivalent of a~y mitigation measore or modification
to the timing of a mitigation measure which would have the same or
superior resuk and effect on the environment. The Planning Director,
in conjunction with any appropriate agencies or City departments,
shall determine the adequacy of any proposed environmental
equivalent or modified timing of a mitigation measure and, if
determined necessary, may refer said deCermination to the Planning
Commission. Any costs associated with information required in order
to make a determination of equivalency shall be borne by the property
owner/developer. Staff time for reviews will be charged on a time
and materials basis aY the rate in tbe CiCy's adopted fee schedule.
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