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RES-2012-046 RESOLUTION NO. 2012-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2010-05492. (DEV2010- 00043A) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2010 -05492 to permit a transit facility (the "Anaheim Regional Transportation Intermodal Center ") for that certain real property located at 2626 East Katella Avenue in the City of Anaheim, County of Orange, State of California, as more particularly shown on Exhibit "A" attached hereto and incorporated herein by this reference (the "Subject Property "); and WHEREAS, the Subject Property is developed with industrial uses and is located in the SP (PTMU Overlay) (Semi- Public; Platinum Triangle Mixed Use (PTMU) Overlay) Zone; and the Anaheim General Plan designates this property for Mixed -Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 23, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2010 -086 granting Conditional Use Permit No. 2010- 05492; and WHEREAS, the City Council did set the matter for a public hearing on May 29, 2012, 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 conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the same; and WHEREAS, after careful consideration of the recommendations of the Planning Commission and all additional evidence and reports offered at said public hearing before the City Council, the City Council does hereby find and determine, with respect to said conditional use permit that all of the conditions and criteria set forth in the Anaheim Municipal Code are present as follows: -1- 1. The proposed request to permit a transit facility is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.14.030.040.0402 (Transit Facilities). 2. The proposed conditional use permit, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the transit facility would be a relocation of an existing transit facility located approximately one quarter mile away, in a larger facility with more parking and services than the existing station, and said transit facility would not be detrimental to the adjacent properties. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to the particular area or to the health and safety. 4. The traffic generated by the proposed project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the proposed project includes street improvements to adequately serve the traffic generated by the transit facility. 5. The granting of the conditional use permit and the variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed project will be compatible with the surrounding area through conditions of approval for the use and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the City Council has reviewed said conditional use permit, and does hereby find and determine that previously - certified Final Environmental Impact Report No. 343 together with the Addendum prepared in connection with the Anaheim Regional Transportation Intermodal Center project are adequate to serve as the required environmental documentation for said conditional use permit and satisfy all the requirements of the California Environmental Quality Act; and that no further environmental documentation need be prepared for said conditional use permit. NOW, THEREFORE, BE IT RESOLVED that the City Council, for the reasons hereinabove specified does hereby grant Conditional Use Permit No. 2010 -05492 to permit a transit facility. BE IT FURTHER RESOLVED that the City Council does hereby grant Conditional Use Permit No. 2010 -05492 subject to the conditions of approval as stated in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions 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 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 -2- modification complies with the Anaheim Municipal Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the City Council 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 conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 29 day of May, 2012, by the following roll call vote: AYES: Council Members Sidhu, Galloway, Eastman and Murray NOES: None ABSENT: Mayor Tait ABSTAIN: None CITY OF ANAHEIM By: OR PR TE ` OF HE CITY OF ANAHEIM ATTEST: A CITY CLERK OF THE CITY OF A AHEIM 89685.v1 -3- EXHIBIT "A" DEV NO. 2010-00043A E KATELLA AVE APN: 232 -072 -03 i � J� O o so 100 Source: fiecoided Tact Maps an Wor GIS. / FO Please note * e accuracy is +1- two to feet. -4- EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05492 (DEV2010- 00043A) Includes Mitigation Measures from Previously - Certified Environmental Impact Report No. 2010 -00343 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY PRIOR TO ISSUANCE OF GRADING PERMITS 1. City shall participate in a multi jurisdictional effort with Public Works Caltrans to develop a study to identify fair share contribution Traffic and funding sources attributable to and paid from private and Transportation public development to supplement other regional and state Division funding sources necessary to implement feasible traffic improvements to state facilities as identified in the EIR. The study shall include fair share contributions related to private and/or public development based on nexus requirements contained in the Mitigation Fee Act (Government Code section 66000, et seq.) and 14 CCR section 15126.4(a)(4) and, to this end, the study shall recognize the state wide and regional contributions to impact state facilities that are not attributable to local development such that local private and public development are not paying in excess of such developments' fair share obligations. The fee study shall be compliant with Government Code section 66001(g) and any other applicable provisions of law. The study shall set forth a timeline and other agreed -upon relevant criteria for the implementation of the recommendations contained within the study to the extent Caltrans and other agencies agree to participate in the fee study program. 2. The EIR concluded that a number of identified state facilities Public Works will operate at deficient levels of service with the Project at Traffic and the 2013 and 2030 timelines. The Project's contributions to Transportation traffic in these facilities will contribute to cumulative Division congestion on these identified state facilities. Improvements to these facilities would mitigate the Project's impacts to less than significant levels. Prior to the issuance of the first grading permit the City shall transfer the agreed to amount into the City's Traffic Impact Fee Account and hold the amount in trust and apply such amount following the implementation of any traffic fee program. 3. The sequencing of grading/excavation activities shall be Public Works noted on the grading plans submitted to the Anaheim Public Development Works Department for review and approval and in the Services contractor's specifications. Excavation of the soil for the Division -5- Intermodal Terminal shall precede excavation of Douglass Road under the bridge, and both activities shall occur in sequence. 4. An export plan showing quantities and identified haul route Public Works shall be shown on grading plans submitted to the Anaheim Development Public Works Department for review and approval and in the Services contractor's specifications. Exporting of soil during Division excavation shall be limited to 25 on -road truck trips per day during excavation and grading. 5. The City will verify that the project WQMP which meets the Public Works requirements of the DAMP is complete. Development Services Division 6. A letter shall be submitted by the contractor to the Public Public Works Works Department, identifying the certified archaeologist Development that has been hired to ensure that the following actions are Services Division implemented: a) The archaeologist shall be present at the pregrading 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 City for exploration and /or salvage; b) Specimens that are collected prior to or during the grading process shall be donated to an appropriate educational or research institution; c) Any archaeological work at ARTIC shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological observer is not present, grading shall be diverted around the area until the observer can survey the area; and d) A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. 7. A letter shall be submitted by the contractor to the Public Public Works Works Department, identifying the certified paleontologist Development that has been hired to ensure that the following actions are Services implemented: Division a) The paleontologist shall be present at the pregrading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification and evaluation of fossils if potentially significant paleontological observer shall determine appropriate actions -6- in cooperation with the property owner /developer for exploration and /or salvage; b) Specimens that are collected prior to or during the grading process shall be donated to an appropriate educational or research institution; c) Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological observer is not present, grading shall be diverted around the area until the monitor can survey the area; and d) A final report detailing the findings and disposition of the specimens shall be submitted. Upon the completion of the grading, the paleontologist shall notify the City as to when the final report will be submitted. PRIOR TO THE APPROVAL OF STREET IMPROVEMENT PLANS /FOLLOWING THE COMPLETION OF EXCAVATING INTERMODAL TERMINAL AND DOUGLASS ROAD UNDER THE BRIDGE 8. Street improvement plans submitted to the Anaheim Public Public Works Works Department for review and approval shall indicate Development sequencing of the street improvements. Road widening and Services sidewalk improvement projects shall occur following the Division completion of the excavating activities. PRIOR TO ISSUANCE OF A DEMOLITION PERMIT GRADING PERMIT OR BUILDING PERMIT, WHICHEVER OCCURS FIRST /NO MORE THAN ONE WEEK PRIOR TO DEMOLITION AND VEGETATION CLEARING 9. A letter shall be submitted to the Public Works Department Public Works attesting that no more than one week prior to demolition and Development vegetation clearing, a qualified biologist shall conduct a Services breeding and nesting bird survey within ARTIC construction Division footprint and within a 500 -foot buffer around the site. The purpose of the survey is to ensure that no active nests are Planning located within or adjacent to the project area. Nesting season Department for raptors begins February 15 and the traditional breeding Building season for native and migratory birds begins March 15. If Division clearing starts after October and before the nesting season, there is no need for nesting bird surveys. If an active nest is detected, a suitable buffer around the nest shall be established dependent on the type of species detected and location of the nest as determined by a qualified biologist and in accordance with the requirements of the CDFG Code. The nest avoidance area shall be flagged and shall be avoided until after the young have fledged and the nest is no longer in use. Documentation showing that this mitigation measure has been completed shall be sent to the City by the contractor. This documentation shall include a description of the survey results and whether any subsequent actions were required prior to commencement of demolition and -7- vegetation clearing. The CDFG may authorize the relocation of the nest but consultation is required to ensure that no direct or indirect impacts result from this action and compliance with the MBTA and CDFG Codes. PRIOR TO THE ISSUANCE OF EACH BUILDING AND GRADING PERMIT, AS APPLICABLE/ONGOING DURING CONSTRUCTION 10. Diesel or gasoline power generators shall be limited to less Public Works than two hours of use per day. This restriction shall be Development clearly noted on the grading/excavation and building plans Services submitted to the Anaheim Public Works Department and Division Building Division for review and approval. This information Planning shall also be included in the contractor's specifications. Department Building Division 11. Construction equipment and supplies shall be located in Planning staging areas that shall create the greatest distance possible Department between construction related noise sources and noise Building sensitive receivers nearest the project area. This information Division shall be specified on all grading, excavation and construction plans. 12. In areas that have been identified as potential soil Public Works contaminated, appropriate sampling is required prior to Development disposal of excavated soil. Contaminated soil will be Services properly disposed at an off -site facility. Division PRIOR TO ISSUANCE OF BUILDING PERMITS 13. That if new on -site water facilities are required, those Public facilities shall be private and separate water services /systems Utilities, for fire protection and domestic water shall be installed. Water Engineering Division 14. That all backflow equipment shall be located above ground Public outside of the street setback area in a manner fully- screened Utilities, from all public streets and alleys. Said information shall be Water specifically shown on plans and approved by Water Engineering Engineering and Cross Connection Control Inspector before Division submittal for Building Permits. 15. That all requests for new water services or file lines, as well Public as any modifications, relocations, or abandonments of Utilities, existing water services and fire lines, shall be coordinated Water through Water Engineering Division of the Anaheim Public Engineering Utilities Department. Division 16. If the project has a landscaping area exceeding 2,500 square Public Utilities feet, a separate irrigation meter shall be installed in Water Engineering compliance with Chapter 18.19 of Anaheim Municipal Code Division and Ordinance No. 5349 regarding water conservation. -8- Public 17. That all existing water services and fire lines shall conform Utilities, to current Water Services Standards Specifications. Any Water water service and /or fire line that does not meet current Engineering standards shall be upgraded if continued use is necessary or Division abandoned if the existing service is no longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public 18. That the legal property owner shall irrevocably offer to Utilities, dedicate to the City of Anaheim (Water engineering Water Division) and Easement twenty (20) feet in width for large Engineering meters and other public water facilities. Division Public 19. That prior to applying for water meters, fire lines or Utilities, submitting the water improvement plans for approval, the Water developer /owner shall submit to the Public Utilities Water Engineering Engineering an estimate of the maximum fire flow rate and Division maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off -site water system improvements required to serve the project shall be done in accordance with Rule 15A.6 of the Water Utility Rates, Rules, and Regulations. 20. That all recycled water piping, fittings and meters and Public appurtenances shall be purple and marked per the Utilities, requirements of the City of Anaheim Recycled Water Users' Water Guide. Engineering Division 21. That the Owner/Developer shall submit an Engineering Public Report to Water Engineering and obtain a Recycled Water Utilities, Use Permit from the City of Anaheim per the requirements of Water the City of Anaheim Recycled Water Users' Guide for the Engineering use of recycled water in Dual Plumbed Facility. The Division Engineering Report must be reviewed and approved by the City of Anaheim, the State of California and the County of Orange prior to rendering recycled water use. 22. The City shall transmit the project's applicable traffic impact Public Works fee into the City's Traffic Impact Fee Account and pay for Traffic and the Project's fair share of City improvements related to Transportation ARTIC. The City shall ensure that such improvements will Division be constructed pursuant to the fee program at that point in time necessary to avoid identified significant impacts on traffic. ONGOING DURING CONSTRUCTION 23. Noise generated by construction shall be limited to 60 dBA Planning along Douglass Road, Katella Avenue, and the tracks before Department 7 AM and after 7 PM, as governed by Chapter 6.70, Sound Building -9- Pressure Levels, of the Anaheim Municipal Code. If 60 dBA Division is exceeded during these hours, noise attenuation features (i.e. temporary noise barriers, sound curtains, etc.) shall be installed to reduce noise levels to below 60 dBA at the exterior of the affected building. These noise attenuation features may be removed if a qualified noise specialist determines that noise levels are not significantly impacted by nighttime construction. Planning 24. When excessive noise during construction is anticipated Department before 7 AM and after 7 PM the contractor shall request an Building exception to the requirements of Chapter 6.70 of the Division Anaheim Municipal Code. The request shall be submitted in accordance with the provisions contained in Chapter 6.70 and shall include a construction schedule and a list of equipment to be used during that time frame. This information shall be provided to the Director of Public Works or Chief Building Official for consideration. 25. In the unlikely event of the accidental discovery of human Public Works remains during project construction, the procedures outlined Construction in §15064.5(e) of the CEQA Guidelines, §7050.5(b) and (c) Services and of the State Health and Safety Code, and §5097.94(k) and (i) Development of the Public Resources Code shall be strictly followed. Services These procedures specify that, upon discovery, no further Divisions excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains can occur. The county coroner shall be contacted to determine if the remains are Native American. If the remains are determined to be Native American, the coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC shall identify the Most Likely Descendent (MLD). The MLD shall make recommendations for the appropriate treatment and disposition of the remains and any associated grave goods in accordance with PRC §5097.98. PRIOR TO FINAL BUILDING AND ZONING INSPECTION 26. The City will verify that the project BMPs were installed as Public Works indicated in the WQMP. Department Development Services Division ONGOING DURING PROJECT OPERATIONS 27. That the transit facility shall only include as accessory uses, Planning those uses permitted by right within the Semi - Public Zone Department and the following uses as described in Chapter 18.36 (Types Planning of Uses) of the Anaheim Municipal Code: Services 1. Alcoholic Beverages Sales -On -Sale (up to four Type Division 47 ABC Licenses and one Type 48 ABC License) - 10 - 2. Automated Teller Machines (ATM's) 3. Automotive - Public Parking 4. Automotive - Rental Agencies 5. Bars and Nightclubs (one Type 48 ABC License) 6. Business & Financial Services 7. Convenience Stores 8. Kiosks 9. Outdoor Air Festivals 10. Outdoor Displays 11. Personal Services — General 12. Petroleum Storage — Incidental 13. Portable Food Carts 14. Recreation - Low - Impact 15. Recycling Services — Consumer 16. Restaurants - General 17. Restaurants - Semi - Enclosed 18. Retail Sales — General 19. Retail Sales — Kiosks 20. Special Events 28. At all times when any restaurant within the Transit Facility is Police open for business, said restaurant shall be maintained as a Department bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 29 The sale of alcoholic beverages for consumption off the Police premise shall be prohibited. Department 30. There shall be no exterior advertising of any kind or type, Police including advertising directed to the exterior from within, Department promoting or indicating the availability of alcoholic beverages. 31. That any alcoholic beverage license for a restaurant within Police the Transit Facility shall not be exchanged for a public Department premise (bar) type license nor shall the establishment be operated as a public premises as defined by Section 23039 of the Business and Professions Code. 32 There shall be no admission fee, cover charge, nor minimum Police purchase required for any restaurant or bar within the Transit Department Facility. 33. Parking lots, driveways, circulation areas, aisles, Police passageways, recesses and grounds contiguous to buildings Department shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about - 11 - the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. 34. There shall be no entertainment, amplified music or dancing Police permitted on the premise at any time unless the proper Department permits have been obtained from the City of Anaheim. 35. The approval of this applicant constitutes approval of the Planning proposed request only to the extent that it complies with the Department, Anaheim Municipal Zoning Code and any other applicable Planning City, State and Federal regulations. Approval does not Services include any action or findings as to compliance or approval Division of the request regarding any other applicable ordinance, regulation or requirement. 36. This property shall be developed substantially in accordance Planning with the plans, technical studies and specifications submitted Department, to the City of Anaheim by the applicant and as conditioned Planning herein, which include the plans, exhibits and technical Services studies submitted as Attachments 6, 7, 8 and 9 to the Division Planning Commission Staff Report. Said plans and studies are on file in the Planning Department. 37. The City will inspect the BMPs and verify that the BMPs Public Works properly maintained and functioning as per the WQMP. Department Development Services Division - 12 -