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Resolution-PC 2010-013RESOLUTION NO. PC2010 -013 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT THE PREVIOUSLY APPROVED ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION ARE THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2007- 05202B WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to previously approved Conditional Use Permit No. 2007 -05202 to modify the hours of operation for a restaurant and entertainment venue and to allow charging of admission for entertainment on certain real property 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 May 14, 2007, the Anaheim City Planning Commission, by its Resolution No. PC2007 -47, did approve Conditional Use Permit No. 2007 -05202 to construct a five -story office and training building with waivers of minimum landscape setback and minimum number of parking spaces; and WHEREAS, on May 27, 2009, the Anaheim City Planning Commission, by its Resolution No. PC2009 -057, did approve an amendment to Conditional Use Permit No. 2007- 05202 to permit a seven -story office and training building with a height exceeding 100 feet and to permit a restaurant with outdoor dining with the sales of alcoholic beverages, with fewer parking spaces than required by code and a greater floor area ratio than allowed by code; and WHEREAS, the property is currently developed with a parking lot located in the Industrial (I) zone and the Anaheim General Plan designates this property for Industrial land uses; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 1, 2010, at 3:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed amendment to conditional use permit and variance and to investigate and make findings and recommendations in connection therewith: and WHEREAS, the Anaheim City 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 amend a conditional use permit, does find and determine the following facts: 1. That modification of a condition of approval pertaining to hours of operation is authorized by Anaheim Municipal Code Section 18.60.190.030 (Amendment of Permit Approval Major Amendments) and the charging of admission for entry to a restaurant/entertainment 1 PC2010 -013 venue for which a conditional use permit is required is authorized by Anaheim Municipal Code Section 18.10.030.010 (Recreation Commercial Indoor). 2. That the proposed hours of operation and admission charge would not adversely affect the adjoining industrial land uses, nearby residential neighborhood and the growth and development of the area in which it is proposed to be located because security measures shall be provided to the satisfaction of the Chief of Police that would 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. Additionally, the restaurant and entertainment venue would be oriented away from the residential neighborhood. 3. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because all parking needed for the proposed uses would be provided on the subject property and adjacent property to the north through a reciprocal parking agreement. 4. That the traffic generated by the office and restaurant uses would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area based on the Traffic Impact Analysis prepared by Garland Associates, dated February 2009. WHEREAS, the previously approved Addendum to the Mitigated Negative Declaration dated May 2009 is adequate to serve as the required environmental documentation in connection with this request. THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve the proposed amendment to Conditional Use Permit No. 2007 -05202 and amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2009 -057, 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 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that except as amended herein, Planning Commission Resolution Nos. PC2007 -47 and PC2009 -057, remain 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 2 PC2010 -013 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 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 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 of this 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 March 1, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions General" of the Anahei unicipal Code pertaining to appeal procedures and may be replaced by a City Council IZes lu ion in the vent of an appeal. ATTEST: CHAIRMAN, A lAHE1M Tod PLANN COMMISSION 1 SENIOR cI ETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -013 STA'I`E 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 March 1, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, RAMIREZ. ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 1 day of March, 2010. SENIOR S>~(2 TARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2010 -013 APN: 234101 -301 EXHIBIT "A" DEV2009- 00097B BALL RD WpY CL1FP i t a. s and/or Cit GIS. L Source: Recorded Tract M p y Please note the accuracy is Iwo to five feet. r 10912 5 PC2010 -013 1 2 3 5 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2007-05202B CONDITIONS OF APPROVAL (Mitigation Measures from the Mitigated Negative NO. Declaration are identified by the measure number in parenthesis following the condition.) PRIOR TO ISSUANCE OF BUILDING PERMITS An unsubordinated restricted covenant providing reciprocal access and parking shall be made with the property located at 1001 East Ball Road for a minimum of 304 parking spaces. This covenant shall be approved by Planning Services Manager in a form satisfactory 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 part of the interest in the applicable properties. RESPONSIBLE FOR MONITORING The property owner shall dedicate to the City of Anaheim Public Works corner cut -off dedications at Ball Road/East Street and Ball Development RoadlLewis Street. Services Planning Plans submitted for building permits shall demonstrate that Public Works all driveways shall be constructed with ten (10) foot radius Development curb returns in conformance with Engineering Standard No. Services 115 and subject to the review and approval by the City Engineer. 4 Plans submitted for building permits shall demonstrate that Public Works gates shall not be installed across the driveway in a manner Traffic/ which may adversely affect vehicular traffic in the adjacent Planning public street. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Engineer and the Planning Services Manager. Plans submitted for building permits shall demonstrate Public Works conformance with the current version of Engineering Traffic Standard Plan Nos. 436, and 470 pertaining to parking standards and driveway location and shall be subject to the review and approval of the City Engineer. PC2010 -013 6 7 8 9 11 If the project requires street widening or modification of Public Works any driveways, improvement plans shall be submitted to the Traffic Public Works Department, Traffic Division, showing the removal or relocation of any traffic signal equipment or any other item related to the traffic signal as required by the City Traffic and Transportation Manager. Plans submitted for building permits shall demonstrate Public Works conformance with Engineering Standard No. 115 pertaining Traffic to sight distance visibility for the sign or the wall /fence locations and shall be subject to the review and approval of the City Traffic and Transportation Manager. Plans shall be submitted to the Public Works Department Public Works for review and approval showing conformance with the Development current version of Engineering Standard Detail No. 473 Services pertaining to driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. Plans submitted for building permits shall demonstrate that Public Works no required parking area shall be fenced or otherwise Traffic enclosed for storage uses. 10 Plans submitted for building permits shall demonstrate that Public Works an on -site trash truck turn around area shall be provided per Streets and Sanitation Engineering Standard Detail No. 476 or an approved alternative, which shall be shown on plans as required by Streets and Sanitation Manager. Plans submitted for building 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 Sanitation and in accordance with approved plans on file with the Public Works Department, Streets and Sanitation Division. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1- gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. 12 A plan sheet for solid waste storage and collection and a Public Works plan for recycling shall be submitted to the Streets and Streets and Sanitation Sanitation Manager for review and approval. 7 PC201 a -013 13 The locations for future above- ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). Planning 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 Public Utilities Department. 15 All existing water services and fire lines shall conform to Utilities Water current Water Services Standards Specifications. Any Engineering water service andlor 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 owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 16 All backflow equipment shall be located above ground Utilities Water outside of the front setback area in a manner fully screened Engineering from all public streets and alleys. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment 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 information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 17 Since this project has landscaping area exceeding 2,500 Utilities Water square feet, a separate irrigation meter shall be installed and Engineering comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits.(USS -2) 18 Any required relocation of City electrical facilities shall be Utilities Electrical at the property owner /developer's expense. Landscape Engineering andlor hadscape screening of all pad mounted equipment shall be required and shall be shown on plans submitted for building permits. 8 PC2010 -013 19 Plans submitted for building permits shall demonstrate that, 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, during construction, 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 emergency vehicular access shall be provided and maintained in accordance with Fire Department Specifications and Requirements. 22 Plans submitted for building permits shall demonstrate that an automatic fire sprinkler alarm system shall be designed, installed and maintained as required by the Fire Marshall. 23 Plans submitted for building permits shall demonstrate that a fire alarm system shall be designed, installed and maintained as required by the Fire Marshall. 26 Final landscape plans shall include specifications and a 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. The intent of this mitigation measure is Fire Fire Fire Fire Fire 24 Plans submitted for building permits shall demonstrate 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 Final landscape and fencing plans for the subject property Planning shall be submitted for review and approval by the 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 decision made by the Planning Director regarding 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 shown on the plans submitted for building permits. Planning 9 PC2010 -013 to provide a screening canopy between the building and both arterial streets to buffer views of the building from surrounding areas. In addition, the Landscape Plans shall identify special treatments and specifications for the landscape setback area along the east and south sides of the 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 the street and adjacent residences to the satisfaction of the Planning Director.( AE -1) 27 Plans submitted for building permits shall demonstrate the use of special exterior building treatments for the proposed structure 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 not exceeding 21 percent of the building facade and non -glare finishes. (AE -2) Planning 28 The property owner /developer shall provide a traffic Public Works control plan for review and approval by the City Traffic Traffic and Transportation Manager. This plan shall describe in detail, safe detours around the Project construction site and provide temporary traffic control (i.e., flag person) during demolition debris transport and other construction related truck hauling activities per the W.A.T.C.H. Manual. Plans submitted for building permits shall include a note requiring this plan to be implemented by the property owner /developer throughout construction of the project.(AQ -1) 29 Plans submitted for building permits shall include a note Planning on the plan requiring that during construction, onsite Building temporary construction power shall be provided for electric construction 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 that during construction, zero Volatile Organic Building Compounds (VOC) content paints (assumes no more than 100 grams /liter of VOC) shall be used at the maximum extent feasible. All paints shall be applied using either high volume, low pressure (HVLP) spray equipment or by hand application. (AQ -3) 10 PC2010 -013 31 Plans submitted for building permits shall demonstrate that adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and ground contiguous to buildings shall be provided with lighting of a minimum one foot candle to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. Said information shall be specifically shown on plans submitted for approval by the Chief of Police. 32 Plans submitted for building permits shall demonstrate 4- foot high address numbers displayed flat on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said numbers shall be painted prior to final building and zoning inspections. 34 Building and parking lot lighting shall be decorative. Additionally, lighting fixtures shall be down lighted and direct away from residential properties to protect the residential integrity of the area. Said information shall be specifically shown o the plans submitted for building permits. 35 All plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 36 Plans submitted for building permits shall include a note that while the project is under construction, the site will be screened with a temporary fence to visually screen the construction areas from the adjacent streets and residences. Police Police 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. Planning Planning Planning 11 PC2010 -013 37 Landscape plans shall demonstrate compliance with the Planning City of Anaheim adopted Landscape Water Efficiency Utilities Resource Guidelines. This ordinance is in compliance with the Efficiency State of California Water Conservation in Landscaping Act (AB325).( USS -1) 38 Existing sewer deficiencies are identified in City sewers Public Works on East Street and Ball Road adjacent to this property. Development 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 this point, improvements need not be made relative to these existing deficiencies as a result of this development. The owner /developer shall verify through a sewer study that no additional deficiencies are created based upon the completion of this development. PRIOR TO ISSUANCE OF A GRADING PERMIT 39 The property owner /developer shall submit a Water Quality Public Works Management Plan to the Public Works Department Development Development Services Division for review and approval Services that: (a) Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. (b) Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. (c) Incorporates Treatment Control BMPs as defined in the DAMP. (d) Describes the long -term operation and maintenance requirements for the Treatment Control BMPs. (e) Identifies the entity that will be responsible for long -term operation and maintenance of the Treatment Control BMPs, and (f) Describes the mechanism for funding the long -term operation and maintenance of the Treatment Control BMPs. 40 The property owner /developer's contractor shall verify Planning that if the commencement of construction coincides with Building the nesting season for Migratory Birds (between early February and August, but can vary slightly from year to 12 PC2010 -013 year) immediately prior to demolition, grading or any related construction -phase activities, the contractor shall hire a qualified biologist to conduct a breeding bird survey to identify any potential nesting activities and shall forward the results of the survey to the City of Anaheim Building Official. The survey shall recommend appropriate measures to 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 Department, identifying the Development certified archaeologist that has been hired to ensure that Services 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 to when the final report will be submitted (CR -1) 42 A licensed Environmental Engineer who is qualified to Planning test and determine if paint or other materials used in the Building existing parking lot contain significant levels of lead shall Fire develop a remediation plan for lead if necessary: a) Lead painted components and/or lead- containing materials should not be sawed, abraded, burned, crushed, or ground into mulch. b) Lead abatement work, including preparation of lead- 13 PC2010 -013 painted surfaces for new paint, removal of lead paint, or demolition of lead- painted materials, should only be performed by a lead abatement contractor utilizing supervisor(s) and workers with the appropriate California Department of Health Services (DHS) certification and training. c) California Regulations classify lead waste, including soil, demolition debris, and waste from lead abatement projects, as hazardous waste if: 1. The results of a Total Threshold Limit Concentration (TTLC) test indicate 1,000 parts per million (ppm) or more lead; or 2. The results of a California Waste Extraction Test (WET) exceed the Soluble Threshold Limit (STLC) for lead of 5 ppm. d) Hazardous wastes must be disposed of at a hazardous waste landfill and must be hauled under 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 hazardous waste landfill, or at other landfills that have specific permits to accept these wastes. However, a hazardous waste manifest and a registered hazardous waste transporter are not needed if the only hazard is that the waste contains lead at greater than 350 ppm, but less than 1,000 ppm (mg/kg). e) Prior to issuance of permits, TTLC and STLC tests should be run for each lead waste stream. Running these tests requires collection and analysis of bulk samples of each separate waste (e.g. paint chips, a chunk of painted wood trim, a chunk of painted concrete, or a chunk of ceramic tile). (HM -1) ONGOING DURING CONSTRUCTION 43 Ongoing during grading and any activity that disrupts the Planning existing surfaces within the Project area, the contractor Building shall hire a qualified Environmental Engineer to conduct Fire soil borings around the identified suspected contaminated sites to determine the extent of contamination and to provide appropriate mediation, including the need to relocate monitoring wells, to the satisfaction of the Fire Marshall. If contamination is discovered during the construction phase, remedial action shall be carried out pursuant to Mitigation Measure HM -4. (HM -2) 14 PC2010 -013 44 Ongoing during the construction phase of the Project, the Planning contractor shall implement the following hazardous Building 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 construction on site; 2. Having a spill prevention plan on site, 3. Locking hazardous and other flammable materials in a fire -rated cabinet, if stored on site, 4. Using an offsite cement mixer to transport cement to the site, 5. Storing materials used for construction in an inactive form until they are ready to be used, 6. Storing gasoline in a drum with double walls or if using a drum with one wall, having a spill protection dyke, 7. Covering storm drains to prevent spills from entering the storm drains, 8. Having fire extinguishers 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 site, 11. Following City guidelines for traffic striping, and 12. Following the Storm Water Pollution Prevention Plan for the site.(HM -3) 45 If subsurface contamination is found during construction, Planning the contractor shall hire a qualified Environmental Building Engineer to prepare a remediation report pursuant to all Fire Federal, state and local ordinances, which documents the type of contamination and the appropriate method for remediation. The contractor shall carryout the appropriate remediation to the satisfaction of the City of Anaheim Building Official and Fire Marshall. (HM -4) PRIOR TO FINAL BUILDING AND ZONING INSPECTION 46 The property owner /developer shall: Public Works (a) Demonstrate that all structural BMPs described in Development the Project WQMP have been constructed and Services installed in conformance with approved plans and specifications. (b) Demonstrate that the property owner /developer is prepared to implement all non structural BMPs 15 PC2010 -013 described in the Project WQMP. (c) Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. (d) Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 47 ADA compliant curb access ramps with truncated domes Public Works shall be constructed at Ball Road/East Street and Ball Road Development Lewis Street in conformance with Public Works Standard Services Detail 111 -2. 48 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the property owner /developer and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan), 2 (Shared Parking Exhibit), 3 (Conceptual Grading Plan), 4 (Conceptual Landscape Plan), 5 through 8 (Floor Plans), 9 through 10 (Elevations) and 11 (Building Sections), and as conditioned herein. GENERAL/ONGOING DURING PROJECT OPERATION 49 The training facilities shall be operated as a part of the business which 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 shall be submitted for review by the City's Traffic and Parking Consultant to determine if the changes would cause fewer off street parking spaces to be provided than the number of spaces provided on site. If it is determined the expected demand is greater than the spaces provided on site, an application for modification of the conditional use permit shall be submitted to the Planning Services Division for approval by the Planning Commission. Planning Planning 50 Hours of operation for the restaurant to be open to the Planning public shall be limited to: Code Enforcement Monday Friday: 4 p.m. to 2 a.m. Saturday, Sunday: 11 a.m. to 2 a.m. 16 PC2010 -013 51 The easterly driveway shall be closed at 4 p.m. for egress and ingress for restaurant patrons but may be used for employees or other business purposes up to 10 p.m., in a manner that is satisfactory to the Traffic and Transportation Manager. Additionally, the parking area to the east of the proposed building shall not be utilized after 10 p.m. 52 All trash generated from this office building shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick -up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Manager or Streets and Sanitation Manager shall determine the need for additional bins or additional 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 orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24) hours from the time of discovery. 54 The permitted event or activity shall not create sound levels that violate any ordinance of the City of Anaheim. (Section 4.16.100.010 Anaheim Municipal Code) 55 Security measures shall be provided to the satisfaction of the Chief of Police that would 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. 56 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) 57 Anytime the premises are providing entertainment, the petitioner(s) shall provide uniformed security personnel. 17 Traffic and Transporation Planning Code Enforcement Code Enforcement Public Works Streets and Sanitation Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement PC2010 -013 58 The number of persons attending the event shall not exceed the maximum occupancy load as determined by the Fire Marshall. Signs indicating the occupant load shall be posted in a conspicuous place an an approved sign near the main exit from the room. 59 The doors shall remain closed at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. (Section 4.18.110 Anaheim Municipal Code) 60 The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. 61 All entertainers and 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. 62 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). 63 The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. 64 Any violation of the conditional use permit application, or any attached conditions, shall be sufficient grounds to revoke the permit. 65 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 18- Fire/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement 66 There shall be no requirement to purchase a minimum Police/ number of drinks. Code Enforcement PC2010 -013 67 At all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 68 Signs shall be posted at all exits of the premises of the prohibition of alcoholic beverages from leaving the confines of the establishment. 69 Alcoholic beverages cannot be included in the price of admission. 70 There shall be no amusement machines or video game devices maintained upon the premises at any time without obtaining the proper permits from the City of Anaheim. There shall be no bottle service or similar service allowed in the nightclub. An employee must be responsible for mixing and dispensing of all drinks. Except for beer, no bottle shall remain in the possession of the patron. 72 The smoking patio shall include a 6 foot high wall or fence that would preclude patrons from passing a drink to the outside of the patio. 71 73 The owner /operator shall obtain appropriate permits for entertainment from the Business License Division. 74 The easterly parking lot shall be limited to parking for employees of the office building and the restaurant in order to limit congregating along the east side of the property after the restaurant closes. Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Police/ Code Enforcement Police/ Planning Planning/ Code Enforcement Planning Code Enforcement 19 PC2010 -013