Loading...
PC 2012/11/19 City of Anaheim Planning Commission Agenda Monday, November 19, 2012 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chair: Victoria Ramirez • Chair Pro-Tempore: Harry Persaud • Commissioners: Peter Agarwal, Paul Bostwick, Stephen Faessel, Michelle Lieberman, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, November 15, 2012, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 11/19/12 Page 2 of 8 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 11/19/12 Page 3 of 8 Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff, or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations ITEM NO. 1A CONDITIONAL USE PERMIT NO. 2012-05612 (DEV2012-00062) Location: 2000 East La Palma Avenue Request: To review final elevation plans for a proposed convenience market with beer and wine sales for off-premises consumption (7-Eleven). Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Staff Report New Correspondence Project Planner: David See dsee@anaheim.net ITEM NO. 1B CONDITIONAL USE PERMIT NO. 2004-04952E (DEV2010-00050A) Location: 401 North Anaheim Boulevard Request: To amend Resolution No. PC2012-070, relating to an amendment to Conditional Use Permit No. 2004-04952, Nunc Pro Tunc, clarifying a condition of approval relating to outdoor events at an existing nightclub (Ember Café and Music Club). Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Staff Report New Correspondence Project Planner: David See dsee@anaheim.net 11/19/12 Page 4 of 8 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2012-05602 VARIANCE NO. 2012-04905 (DEV2012-00042) Location: 1005 North Euclid Avenue Request: To permit and retain a truck rental facility in conjunction with an existing check cashing facility in an existing commercial center with fewer parking spaces than permitted by Code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Continued from the August 27, 2012 and September 24, 2012 Planning Commission meetings. Staff Report New Correspondence Request for continuance to December 3, 2012 Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 1215B (DEV2012-00114) Location: 3200 East Carpenter Avenue Request: To amend a previously approved conditional use permit to permit a go-cart track at an existing miniature golf facility. Environmental Determination: The proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 1 (Existing Facilities). Staff Report New Correspondence Project Planner: David See dsee@anaheim.net 11/19/12 Page 5 of 8 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2008-04763A (DEV2012-00080) Location: 2100 East Orangewood Avenue Request: To amend an existing conditional use permit for an 884-unit apartment complex (352 units are in Anaheim and 532 units are in the City of Orange) to construct an additional 395 units within Anaheim. Environmental Determination: Previously-Certified Final Subsequent Environmental Report No. 339. Staff Report New Correspondence Project Planner: Susan Kim skim@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2012-05630 (DEV2012-00093) Location: 1200 North Red Gum Street Request: To permit an outdoor contractor’s storage yard. Environmental Determination: The proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 32 (In-Fill Development Projects). Staff Report New Correspondence Project Planner: David See dsee@anaheim.net 11/19/12 Page 6 of 8 ITEM NO. 6 CONDITIONAL USE PERMIT NO. 2008-05348A (DEV2012-00069) Location: 8095 Crystal Drive Request: To amend an existing conditional use permit to allow expanded service hours and activities for an existing church. Environmental Determination: The proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 1 (Existing Facilities). Staff Report New Correspondence Project Planner: Scott Koehm skoehm@anaheim.net Adjourn to Monday, December 3, 2012 at 5:00 p.m. 11/19/12 Page 7 of 8 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:45 p.m. November 15, 2012 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la m añana un día habil antes de la reunión programada. 11/19/12 Page 8 of 8 S C H E D U L E 2012 December 3 December 17 December 31 C-GRETAIL TFOURPLEX RS-3SINGLE FAMILY RESIDENCE T S IN G L E F A M IL Y R E S ID E N C E C-GMEDICAL OFFICE RM-4SUMMERHILL VILLAGE APTS92 DU TPRE-SCHOOLDAYCARE RS-2SINGLE FAMILY RESIDENCE C-GOFFICES RM-4APTS5 DU RM-4PINEWOOD VILLAGEAPARTMENTS49 DUTSINGLE FAMILY RESIDENCE RM-3DUPLEXRM-4FOURPLEX C-GRETAIL C-GMEDICAL OFFICE C-GRETAIL C-GRETAILC-GRETAIL C-GRETAIL C-GRETAIL RS-3SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE C-GRETAIL RS-2SINGLE FAMILY RESIDENCEC-GOFFICES E LA PALMA AVEN STATE COLLEGE BLVDE S Y C A M O R E S T N REDWOOD DR. W.N SOUTH REDWOOD PLE NORTH REDWOOD DR E. LINCOLN AVE E. LA PALMA AVE N. EAST STN. ACACIA STE . B R O A D W A Y N. BL UE GUM STN. PLACENTIA AVEN. SUNKIST STN. RIO VISTA STE. MIRALOMA AV E 2 0 0 0 Ea st La Palma Ave nue D E V N o. 2012-00062 Subject Property APN: 083-013-01 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 E LA PALMA AVEN STATE COLLEGE BLVDE S Y C A M O R E S T N REDWOOD DR. W.N SOUTH REDWOOD PLE NORTH REDWOOD DR E. LINCOLN AVE E. LA PALMA AVE N. EAST STN. ACACIA STE . B R O A D W A Y N. BL UE GUM STN. PLACENTIA AVEN. SUNKIST STN. RIO VISTA STE. MIRALOMA AV E 2 0 0 0 Ea st La Palma Ave nue D E V N o. 2012-00062 Subject Property APN: 083-013-01 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 ATTACHMENT NO. 2 ATTACHMENT NO. 3 ATTACHMENT NO. 4 EXISTING RED CLAYTILE ROOF TO REMAIN.EXISTING EIFSEXTERIOR TO REMAIN.PAINT "SANDY WHITE"EXISTING DECORATIVETRIM TO REMAIN. PAINT"BROWN SUGAR"22' - 2"EXISTING EIFS ACCENTBAND TO RMAIN. PAINT"SIERRA HILLS"REMOVE EXISTING STOREFRONT.PROVIDE NEW KAWNEER 451 TDARK BRONZE STOREFRONTSYSTEM.NEW 7-ELEVEN SIGNAGE (BYOTHERS UNDER A SEPARATEPERMIT)3' - 0"EXISTING EXTERIOREIFS FINISH TOREMAIN. PAINT"SANDY WHITE"NEW DECORATIVE BAND.PAINT "BROWN SUGAR"NEW NICHIHAPANELS IN"KURASTONEDESERT"PILASTER RETURNS ANDUNDER SIDE OF CORNICE TOBE PAINTED "BROWN SUGAR".EXISTING RED CLAY TILEROOF TO REMAIN.EXISTING DOOR TOREMAIN.EXISTINGELECTRICAL DOORTO REMAIN.EXISTING DECORATIVETRIM TO REMAIN. PAINT"BROWN SUGAR"EXISTING SIGNAGE TOBE REMOVED.EXISTING EIFSEXTERIOR TO REMAIN.PAINT "SANDY WHITE"7' - 2"7' - 0"8' - 0"8' - 8"5' - 6"8' - 0"LINE OF ROOF6' - 6"NEW 7-ELEVEN SIGNAGE (BYOTHERS UNDER A SEPARATEPERMIT)REMOVE EXISTING DOOR.INFILL OPENING, FINISHAND PAINT TO MATCHADJACENT.EXISTING EIFS ACCENTBAND TO REMAIN.PAINT "SIERRA HILLS"REMOVE EXISTING WINDOW.INFILL OPENING, FINISH ANDPAINT TO MATCH ADJACENT.NEW NICHIHA PANELS IN"KURASTONE DESERT"PILASTER RETURNS AND UNDERSIDE OF CORNICE TO BE PAINTED"BROWN SUGAR".PILASTER RETURNS AND UNDERSIDE OF CORNICE TO BE PAINTED"BROWN SUGAR".PILASTER RETURNS AND UNDERSIDE OF CORNICE TO BE PAINTED"BROWN SUGAR".EXISTING RED CLAY TILEROOF TO REMAIN.22' - 1 1/2"EXISTING SIGNAGE TOBE REMOVED.EXISTING EIFSEXTERIOR TO REMAIN.PAINT "SANDY WHITE"EXISTING DECORATIVETRIM TO REMAIN. PAINT"BROWN SUGAR"EXISTING FASCIA TOREMAIN. PAINT "BROWNSUGAR"EXISTING EXTERIOREIFS FINISH TOREMAIN. PAINT"SANDY WHITE"1' - 9"NEW 7-ELEVEN SIGNAGE (BYOTHERS UNDER A SEPARATEPERMIT)EXISTING EIFS ACCENTBAND TO REMAIN. PAINT"SIERRA HILLS"EXISTING EIFS ACCENTBAND TO REMAIN. PAINT"SIERRA HILLS"EXISTING EIFS ACCENTBAND TO REMAIN. PAINT"SIERRA HILLS"REMOVE EXISTING STOREFRONT.PROVIDE NEW KAWNEER 451 TDARK BRONZE STOREFRONTSYSTEM.3' - 0"NEW DECORATIVE BAND.PAINT "BROWN SUGAR"NEW NICHIHA PANELS IN"KURASTONE DESERT"PILASTER RETURNS ANDUNDER SIDE OF CORNICE TOBE PAINTED "BROWN SUGAR".PILASTER RETURNS ANDUNDER SIDE OF CORNICE TOBE PAINTED "BROWN SUGAR".RENCHARRISONHF& A S S O C I A T E S , LT D809 S.W. A Street, Suite 201Bentonville, Arkansas 72712t 479.273.7780f 479.273.9486www.hfa-ae.comSTIPULATION FOR REUSETHIS DRAWING WAS PREPARED FOR USE ONA SPECIFIC SITE ATSHEET:CHECKED BY:DRAWN BY:DOCUMENT DATE:ISSUE BLOCKJOB NUMBER:CONTEMPORANEOUSLY WITH ITS ISSUE DATEON ( ), AND IT IS NOTSUITABLE FOR USE ON A DIFFERENT PROJECTSITE OR AT A LATER TIME. USE OF THISDRAWING FOR REFERENCE OR EXAMPLE ONANOTHER PROJECT REQUIRES THE SERVICESOF PROPERLY LICENSED ARCHITECTS ANDENGINEERS. REPRODUCTION OF THIS DRAWINGFOR REUSE ON ANOTHER PROJECT IS NOTAUTHORIZED AND MAY BE CONTRARY TO THELAWSTORE NO.:7-ELEVEN10/3/2012 8:12:13 AMC:\Users\rachel.shanks\Documents\11-00911 Anaheim, CA (2013)_rachel.shanks.rvtA102ELEVATIONSCSPL09/03/122000 E. LA PALMA AVE.ANAHEIM, CA 9280612-11-0091109/03/12ANAHEIM, CA35774 1/4" = 1'-0"2NORTH ELEVATION 1/4" = 1'-0"1SOUTH ELEVATION 1/4" = 1'-0"3NORTHWEST ELEVATIONATTACHMENT NO. 5 REMOVE EXISTING STOREFRONT.PROVIDE NEW KAWNEER 451 TDARK BRONZE STOREFRONTSYSTEM.22' - 2"1' - 9"EXISTING PLANTER ANDBUSHES TO REMAIN.REMOVE EXISTING STOREFRONT SYSTEMAND PROVIDE A NEW STUD WALL TOINFILL OPENING. FINISH AND PAINT TOMATCH EXISTING BUILDING.NEW 7-ELEVEN SIGNAGE (BYOTHERS UNDER A SEPARATEPERMIT)3' - 0"NEW NICHIHA PANELS IN"KURASTONE DESERT"NEW DECORATIVE BAND.PAINT "BROWN SUGAR"PILASTER RETURNSAND UNDER SIDE OFCORNICE TO BEPAINTED "BROWNSUGAR".PILASTER RETURNSAND UNDER SIDE OFCORNICE TO BEPAINTED "BROWNSUGAR".PILASTER RETURNSAND UNDER SIDE OFCORNICE TO BEPAINTED "BROWNSUGAR".PILASTER RETURNSAND UNDER SIDE OFCORNICE TO BEPAINTED "BROWNSUGAR".13' - 9"8' - 8"5' - 6"EXISTING SIGNAGE TOBE REMOVED.6' - 6"15' - 8"LINE OF ROOFMECHANICALUNITSMECHANICALUNITSMECHANICALUNITSEXTEND MANSARD ROOFAS SHOWN. MATCHCONSTRUCTION ANDMATERIALS OF EXISTING.REFERENCE STRUCTURALDRAWINGS.PROVIDE NEW KAWNEER 451 TDARK BRONZE STOREFRONTSYSTEM. REFERENCESTRUCTURAL DRAWINGS.PROVIDE NEW KAWNEER 451 TDARK BRONZE STOREFRONTSYSTEM. REFERENCESTRUCTURAL DRAWINGS.NEW 7-ELEVEN SIGNAGE (BYOTHERS UNDER A SEPARATEPERMIT)3' - 0"NEW NICHIHA PANELS IN"KURASTONE DESERT"PILASTER RETURNS AND UNDERSIDE OF CORNICE TO BEPAINTED "BROWN SUGAR".PILASTER RETURNS AND UNDERSIDE OF CORNICE TO BEPAINTED "BROWN SUGAR".PILASTER RETURNS AND UNDERSIDE OF CORNICE TO BEPAINTED "BROWN SUGAR".PILASTER RETURNS AND UNDERSIDE OF CORNICE TO BEPAINTED "BROWN SUGAR".REVEAL LINERENCHARRISONHF& A S S O C I A T E S , LT D809 S.W. A Street, Suite 201Bentonville, Arkansas 72712t 479.273.7780f 479.273.9486www.hfa-ae.comSTIPULATION FOR REUSETHIS DRAWING WAS PREPARED FOR USE ONA SPECIFIC SITE ATSHEET:CHECKED BY:DRAWN BY:DOCUMENT DATE:ISSUE BLOCKJOB NUMBER:CONTEMPORANEOUSLY WITH ITS ISSUE DATEON ( ), AND IT IS NOTSUITABLE FOR USE ON A DIFFERENT PROJECTSITE OR AT A LATER TIME. USE OF THISDRAWING FOR REFERENCE OR EXAMPLE ONANOTHER PROJECT REQUIRES THE SERVICESOF PROPERLY LICENSED ARCHITECTS ANDENGINEERS. REPRODUCTION OF THIS DRAWINGFOR REUSE ON ANOTHER PROJECT IS NOTAUTHORIZED AND MAY BE CONTRARY TO THELAWSTORE NO.:7-ELEVEN10/3/2012 8:12:24 AMC:\Users\rachel.shanks\Documents\11-00911 Anaheim, CA (2013)_rachel.shanks.rvtA103ELEVATIONSCSPL09/03/122000 E. LA PALMA AVE.ANAHEIM, CA 9280612-11-0091109/03/12ANAHEIM, CA35774 1/4" = 1'-0"1WEST ELEVATION 1/4" = 1'-0"2FRONT ELEVATION 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. RS-3DUPLEX R S -2SFR RS-3SINGLE FAMILY RESIDENCE R S -2 T R IP L E X R S -3 T R IP L E X C -G A U T O R E P A IR /S E R V IC E R S -2SFR R S -3 D U P L E X R M -4APT S8 D U R S -3SFRRS-3DUPLEXC -G R E S T A U R A N T C -G O F F IC E S R S -2SFR R S -2SFR C -GRETA IL T A P T S 2 0 D U C -GAPT S5 D U RS-3RELIGIOUS USE R S -3SFR C -G R E L IG IO U S U S E R S -36 D U RS-3SINGLE FAMILY RESIDENCE R S -3 V A C A N T C-GSINGLE FAMILY RESIDENCE RS-3DUPLEX RM-3RETAIL RS-3TRIPLEX R S -3SFR C -GRETA IL R S -3 T R IP L E X RS-3SINGLE FAMILY RESIDENCE R S -2SFR R M -4PAR K P R O M E N A D E A P T S 2 4 D U RS-3SINGLE FAMILY RESIDENCERS-3DUPLEX C -G O F F IC E S R S -3SFR R M -4 A P T S 1 0 D U C -GSFR RS-3DUPLEX TVAC A N T R S -3 F O U R P L E X RS-3SINGLE FAMILY RESIDENCE C -GRETA IL C -G R E L IG IO U S U S E R S -3SFRRS-3SFR T R E L IG IO U S U S E R M -4 A P T S 1 2 D U R M -4SFR R S -2SFR C -G O F F IC E S RS-3TRIPLEX R M -4SFR T P E A R S O N P A R K C -GVACA N TC-GVACA N T C-GAUTO SALESR M -4 T C -G P A R K IN G C -G N IG H T C L U B C -G R E L IG IO U S U S E C -GRETA IL C -GRETA IL P A R K IN G L O T C -G R E L IG IO U S U S E N ANAHEI M BLVDS ANAHEI M BL VDN LEMON STW C Y P R E S S S T N CLAUDI NA STW A L B E R T A S T W S Y C A M O R E S T W A D E L E S TN ZEYN STE A D E L E S T E S Y C A M O R E S T E C Y P R E S S S TN CLAUDI NA STN. EAST STW . LIN C O L N A V E E. LA PALMA AVE E . L I N C O L N A V E S. EAST STN. HARBOR BLVDW. LA PALMA AVE W . B R O A D W A Y E . B R O A D W A Y S. ANAHEI M BLVDW . B R O A D W A Y E . B R O A D W A Y 4 0 1 North Anaheim Bo ulevard D E V N o. 2010-00050A Subject Property APN: 035-101-15035-101-14035-101-17035-101-16 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 N ANAHEI M BLVDS ANAHEI M BL VDN LEMON STW C Y P R E S S S T N CLAUDI NA STW A L B E R T A S T W S Y C A M O R E S T W A D E L E S TN ZEYN STE A D E L E S T E S Y C A M O R E S T E C Y P R E S S S TN CLAUDI NA STN. EAST STW . LIN C O L N A V E E. LA PALMA AVE E . L I N C O L N A V E S. EAST STN. HARBOR BLVDW. LA PALMA AVE W . B R O A D W A Y E . B R O A D W A Y S. ANAHEI M BLVDW . B R O A D W A Y E . B R O A D W A Y 4 0 1 North Anaheim Bo ulevard D E V N o. 2010-00050A Subject Property APN: 035-101-15035-101-14035-101-17035-101-16 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 ATTACHMENT NO. 2 ATTACHMENT NO. 2 ATTACHMENT NO. 3 [DRAFT] ATTACHMENT NO. 4 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. PC2012-070, NUNC PRO TUNC, RELATING TO THE APPROVAL OF AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2004-04952. (DEV2010-00050A) (401 NORTH ANAHEIM BOULEVARD) WHEREAS, on October 8, 2012, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission"), adopted its Resolution No. PC2012-070, whereby the Planning Commission approved an amendment to Conditional Use Permit No. 2004-04952 to modify conditions of approval and permit a Type 48 (On Sale General – Public Premises) ABC alcoholic beverage license for an existing nightclub on that certain real property located at 401 North Anaheim Boulevard in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, in order to ensure that the conditions of approval attached to Resolution No. PC2012-070 as Exhibit B conform with and clearly evidence the intent of the Planning Commission, the applicant has requested that the Planning Commission amend a certain portion of Resolution No. PC2012-070; and WHEREAS, the proposed amendment to Resolution No. PC2012-070 will more clearly evidence the intent of the Planning Commission; and WHEREAS, the Planning Commission has inherent authority to amend its resolutions under these circumstances, which will have retroactive legal effect upon the adoption of this Resolution; and WHEREAS, by the adoption of this Resolution, the Planning Commission of the City of Anaheim desires and intends to amend Resolution No. PC2012-070, nunc pro tunc; i.e., having retroactive legal effect. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim as follows: SECTION 1. Condition of Approval No. 9, as set forth on Exhibit B to Resolution No. PC2012-070, is hereby amended to read as follows: "Any permitted event or activity under the control of the business owner shall not create sound levels which violate any ordinance of the City of Anaheim as described in Sections 6.70 and 6.72 of the Anaheim Municipal Code." - 2 - PC2012-*** SECTION 2. The Conditions of Approval, Exhibit B to Resolution No. PC2012-070, are hereby deleted in their entirety, and the revised Conditions of Approval, attached hereto as Exhibit B and incorporated herein by this reference, are hereby substituted in their place, nunc pro tunc. All references to the Conditions of Approval or the revised Conditions of Approval herein and in Resolution No. PC2012-070 shall be to the revised Conditions of Approval attached to this Resolution as Exhibit B. SECTION 3. Except as expressly amended herein, the provisions of Resolution No. PC2012-070 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the Planning Commission of the City of Anaheim this 19th day of November, 2012, by the following roll call vote: CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, 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 November 19, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of November, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2012-*** - 4 - PC2012-*** EXHIBIT “B” REVISED CONDITIONS OF APPROVAL AMENDMENT TO CONDITIONAL USE PERMIT NO. 2004-04952 (CONDITIONAL USE PERMIT NO. 2004-04952D) (DEV2010-00050A) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 Subject property shall be developed, maintained and operated substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, and 3 and as conditioned herein. Planning 2 Any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Code Enforcement 3 Gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager. Public Works – Traffic 4 The business shall provide a loading zone for the valet parking service. Planning 5 No required parking area shall be fenced or otherwise enclosed for outdoor storage uses. Planning 6 Roof-mounted equipment shall be screened from view in accordance with the requirements of the Anaheim Municipal Code pertaining to the CG (General Commercial) Zone. Planning 7 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Planning, Public Works -Sanitation - 5 - PC2012-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 8 The use of any amplifying system or device shall be prohibited on the patio and/or balcony areas, and the use of any such system or device inside the premises shall not be audible at the property line. Police, Code Enforcement 9 Any permitted event or activity under the control of the business owner shall not create sound levels which violate any ordinance of the City of Anaheim as described in Sections 6.70 and 6.72 of the Anaheim Municipal Code. Moreover, there shall be no amplified, D.J., acoustic, or any other such music permitted outside of the building, including the outdoor patio and balcony areas. Police, Code Enforcement 10 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. Police 11 A revised security plan shall be submitted to prevent loitering and disturbances from occurring outside the building, secure the parking lots, and monitor pedestrian traffic across Anaheim Boulevard, subject to review and approval by the Anaheim Police Department and Code Enforcement Division. Security on the property, including the parking lot area, shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, and/or to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises. The security measures implemented for each event, including the number of security guards for each area of the premises shall be subject to review and approval by the Police Department. Police 12 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 AMC). Police 13 The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. Police, Code Enforcement 14 No person under the age of twenty-one (21) shall be allowed on the premises any time the nightclub is open for business. Police - 6 - PC2012-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 15 There shall be no public telephones on the premises located outside the building and within the control of the business owner. Code Enforcement 16 The business owner 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, cover charge or any other form of admission charge, salary, or other profit- sharing plan, scheme or conspiracy. Police 17 The property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. Code Enforcement 18 The sale of alcoholic beverages for consumption off the premises shall be prohibited. Police 19 The rear doors of the facility shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. Police 20 Trash shall not be emptied into outside trash containers between the hours of 10 p.m. to 7 a.m. daily. Police, Code Enforcement 21 The floor space provided for dancing shall be free of any furniture or partitions and maintained in a smooth and safe condition. Police 22 VIP/Hospitality alcoves provided on the premises shall have the following characteristics: (a) No physical obstruction shall be attached, fastened, or connected in any manner to any section of the wall or ceiling at the alcove openings. (b) No physical obstruction, including but not limited to, planters, partitions, or items of décor, shall be placed or attached to any section of the floor at the alcove openings. Police 23 Signs shall be posted at all exits of the premises, including out of the patio area, notifying patrons of the prohibition of alcoholic beverages from leaving the confines of the establishment. Police 24 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, Police - 7 - PC2012-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY secure environment for all persons, property, and vehicles on-site. Said lighting shall be decorative and complementary to the architecture of the building. 25 Code Enforcement staff shall conduct three unannounced inspections over a one year period, ending on October 8, 2013, to determine on-going compliance with conditions of approval. The cost of these inspections shall be billed to and paid by the applicant. Code Enforcement 26 Loitering shall be prohibited on or around the premises. Police, Code Enforcement 27 The number of persons on the premises shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. Fire 28 Any amusement machines, video game devices, or pool tables maintained upon the premises shall be in compliance with the Anaheim Municipal Code. Code Enforcement 29 The business owner shall police the area under their control in an effort to prevent the loitering of persons about the premises. Police 30 The business owner is responsible for maintaining free of litter the area on and adjacent to the premises over which they have control. Police, Code Enforcement 31 The use of all pyrotechnical material, special effects and fireworks shall be permitted only if, and to the extent, approved by the Anaheim Fire Department prior to their use. Fire 32 The business shall provide for bus/shuttle loading and unloading, either on or off-site, subject to review and approval of the Planning and Public Works Departments. Planning, Public Works- Traffic 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. C-GRETAIL RM-2CONDOS53 DU C-GSERVICESTATION RS-2SINGLE FAMILY RESIDENCERM-4FOURPLEX RS-2SINGLE FAMILY RESIDENCE RM-4APTS8 DU TMORTUARY C-GVILLA CATALPAAPTS18 DU RM-4TRIPLEX C-GRETAIL RM-4TRIPLEX C-GRESTAURANT RM-4THE VIRGINIAN APTS14 DU RS-2SINGLE FAMILY RESIDENCE RM-4TRIPLEX RM-4GRAMERCY APARTMENTS66 DU RS-2SINGLE FAMILY RESIDENCE C-GRETAIL C-GMEDICAL OFFICE RS-2DAY CARE C-GRETAIL C-GSERVICESTATION RM-3DUPLEX RM-3TRIPLEX RS-2SINGLE FAMILY RESIDENCE C-GAUTO REPAIR/SERVICE RM-3DUPLEXRS-2SINGLE FAMILY RESIDENCERM-4FOURPLEX C-GRETAIL C-GRETAILC-GRETAIL C-GRETAIL C-GRETAIL C-GRETAIL RS-2SINGLE FAMILYRESIDENCEN EUCLID STW LA PAL MA AVE W CAT HER INE D RN MOHICAN AVEW FRANCIS DR W CATA LPA D R W DOG WOOD AV E N DRESDEN STW. LA PALMA AVE N. EUCLID STN. BROOKHURST STN. HARBOR BLVDN. LOARA STW. ROMNEYA DR 1 0 0 5 North Euc lid Street D E V N o. 2012-00042 Subject Property APN: 272-141-13 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. SP 94-1DA3CAMELOTGOLFLAND SP 94-1DA1AUTO SALVAGE YARD SP 94-1DA1INDUSTRIAL SP 94-1DA5AUTO SALVAGE YARD SP 94-1DA3INDUSTRIAL SP 94-1DA5AGRICULTURE SP 94-1DA3OC SOCIALSERVICESAGENCY SP 94-1DA3BUSINESS PARK SP 94-1DA5PARKINGSP 94-1DA5STERLINGBUSINESSCOMPLEX SP 94-1DA3PARKINGN SHEPARD STE C A R P E N T E R A V E E F R O N T E R A S T91 F R E E W A Y E . L A P A L M A A V E N . TUS T I N AVEE . M IR A L O M A A V E N. MI LLER STN. BLUE G U M STE. L A P A L M A AVE3 2 0 0 Ea st Carpenter Avenue D E V N o. 2012-00114 Subject Property APN: 345-111-08 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 N SHEPARD STE C A R P E N T E R A V E E F R O N T E R A S T91 F R E E W A Y E . L A P A L M A A V E N . TUS T I N AVEE . M IR A L O M A A V E N. MI LLER STN. BLUE G U M STE. L A P A L M A AVE3 2 0 0 Ea st Carpenter Avenue D E V N o. 2012-00114 Subject Property APN: 345-111-08 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 1215 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012-00114) (3200 EAST CARPENTER AVENUE) WHEREAS, on February 16, 1971, and subject to certain conditions of approval, the City Council of the City of Anaheim, by its Resolution No. 71R-65, did approve Conditional Use Permit No. 1215 to permit a miniature golf course facility (herein referred to as the "Original CUP") on that certain real property located at 3200 East Carpenter Avenue in the City of Anaheim, as legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, on January 15, 1991, the City Council, by its Resolution No. 91R- 17, approved an amendment to the Original CUP to permit a water slide and expand the existing clubhouse and arcade for an existing amusement facility; and WHEREAS, on June 28, 1993, the Planning Commission, by its Resolution No. PC93-77, approved another amendment to the Original CUP to permit a children’s play area within an existing amusement facility; and WHEREAS, on March 15, 1999, the Planning Commission, by its Resolution No. PC99-48, approved another amendment to the Original CUP to expand the clubhouse building, add a “Lasertag” facility, and relocate the children’s play area for an existing amusement facility; and WHEREAS, on June 22, 2009, the Planning Commission, by its Resolution No. PC2009-065, approved another amendment to the Original CUP to permit a children’s day care facility in conjunction with an existing amusement facility; and WHEREAS, the 5.9-acre Property is developed with an amusement facility consisting of a miniature golf course, water slide, arcade, banquet hall, restaurant, and laser tag facility (Camelot Golfland). The Property is located in Development Area 3 (La Palma Core Area) of the Northeast Area Specific Plan (SP 94-1). The Anaheim General Plan designates the Property for Office-Low land uses; and WHEREAS, the Planning Commission did receive a verified Petition for an amendment to the Original CUP (herein referred to as "Conditional Use Permit No. 1215B") to permit a go-cart track at an existing amusement facility (collectively referred to herein as the "proposed project"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 19, 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 Chapter - 2 - PC2012-*** 18.60 of the Code, to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit the Project on the Property does find and determine the following facts: 1. The proposed use is properly one for which a conditional use permit is authorized by the SP 94-1, D.A. 3 zone. 2. The proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the project will not have a negative impact on the adjacent industrial uses to the east and west. 3. The size and shape of the site is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the vehicular circulation is designed to minimize impacts on the surrounding businesses because visitors will enter the facility exclusively from Carpenter Avenue, which is lightly used industrial cul-de-sac street. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the project has been designed to minimize impacts on the surrounding businesses. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 1215B, subject to the conditions of approval 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 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 - 3 - PC2012-*** 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. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or 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) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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 an y 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. Failure to pay all charges shall result in the revocation of the approval of this application. BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amends the Previous Conditions of Approval and, except as specifically amended hereby, the Previous Conditions of Approval shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the conditions of approval attached to this Resolution as Exhibit B and the Previous Conditions of Approval, the conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. - 4 - PC2012-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 19, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (“Zoning Provisions - General”) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, 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 November 19, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of November, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** - 6 - PC2012-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 1215 (DEV2012-00114) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The property owner shall submit a letter requesting termination of Conditional Use Permit No. 2009-05423 (to permit a day care facility) to the Planning Department. Planning 2 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Planning 3 Landscaping and/or fencing shall be provided in order to screen the go-cart track from view of Carpenter Avenue. Said information shall be specifically shown on plans submitted for building permits. Planning 4 A Water Quality Management Plan (WQMP), as described in Drainage Area Management Plan for Orange County, shall be submitted to the Building Division for review and approval. Said WQMP shall: • Address 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. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. Building 5 The WQMP shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the property owner/developer is prepared to implement all non-structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available on site. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Building GENERAL 6 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan) and 2 (Landscape Plan), and as conditioned herein. Planning ATTACHMENT NO. 3 CAMELOT GOLFLAND 3200 E. Carpenter Ave., CA 92806 - ph. (714) 630-3340 FAX (714) 630-0927 October 5, 2012 Planning Staff City of Anaheim - Planning Dept. 200 S. Anaheim Blvd. Anaheim, Calif. 92805 Re: Camelot Golfland Day Care CUP mod in 2009 Dear Staff, In 2009, we modified our CUP to allow us to use part of our castle arcade for day care. With the down turn in the economy, we decided that we would not do day care at Camelot Golfland. We actually tried it at one of our other facilities and it did not work out. Sincerely, Fred B. Kenney ATTACHMENT NO. 3 ATTACHMENT NO. 4 SITE PHOTOS CAMELOT GOLFLAND ATTACHMENT NO. 5 ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. I (PTMU)Gateway Sub-Area BIND. FIRM I (PTMU)Gateway Sub-Area AVACANT I (PTMU)Gateway Sub-Area AANAVIA APARTMENTS I (PTMU)Gateway Sub-Area CVACANT I (PTMU)Gateway Sub-Area CVACANT IND. FIRM I (PTMU)Gateway Sub-Area BRESTAURANT I (PTMU)Gateway Sub-Area CVACANTI (PTMU)Gateway Sub-Area CVACANT I (PTMU)Gateway Sub-Area BOFFICES I (PTMU)Gateway Sub-Area CVACANT I (PTMU)Gateway Sub-Area BVACANT I (PTMU)Gateway Sub-Area CINDUSTRIAL O-L (PTMU)Gateway Sub-Area AOFFICES I (PTMU)Gateway Sub-Area BARCHSTONEAPARTMENTS I (PTMU)IND. FIRM E ORANGEWOOD AVES STATE COLLEGE BLVDN STATE COLLEGE BLVDS DUPONT DRPRIVATE ST E. KATELLA AVE S. HASTER STE. ORANGEWOOD AVE S. M ANCHE STE R AV E E. CHAPMAN AVE E. GENE AUTRY WAY 2 1 0 0 Ea st Orangewood Avenue D E V N o. 2012-00080 Subject Property APN: 083-271-21083-271-15 ATTA CHMENT NO. 1 ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE MIXED-USE (PTMU) OVERLAY ZONE.°0 50 100 Feet Aeria l Pho to:May 20 11 C i t y o f O r a n g eCity o f O r a n g e C i t y o f A n a h e i mCity o f A n a h e i m E ORANGEWOOD AVES STATE COLLEGE BLVDN STATE COLLEGE BLVDS DUPONT DRPRIVATE ST E. KATELLA AVE S. HASTER STE. ORANGEWOOD AVE S. M ANCHE STE R AV E E. CHAPMAN AVE E. GENE AUTRY WAY 2 1 0 0 Ea st Orangewood Avenue D E V N o. 2012-00080 Subject Property APN: 083-271-21083-271-15 ATTA CHMENT NO. 1 ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE MIXED-USE (PTMU) OVERLAY ZONE.°0 50 100 Feet Aeria l Pho to:May 20 11 C i t y o f A n a h e i mCity o f O r a n g e [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING THAT PREVIOUSLY-APPROVED ENVIRONMENTAL IMPACT REPORT NO. 339 IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION FOR THIS REQUST AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-04763 (DEV2012-00080) (2100 EAST ORANGEWOOD AVENUE) WHEREAS, in 2004, the Anaheim City Council (herein referred to as the “City Council”) adopted the Platinum Triangle Master Land Use Plan (PTMLUP) and the Platinum Triangle Mixed Use (PTMU) Overlay Zone to provide opportunities for existing uses within The Platinum Triangle (generally defined as the portion of the City of Anaheim located northeast of the Interstate 5 and northwest of the State Route 57/Santa Ana River) to transition to mixed-use, residential, office and commercial uses. As a part of this planning process, districts were created within the PTMU Overlay Zone and development intensities were allocated to each district; and, WHEREAS, in April 2005, City Council approved the 884-unit Archstone Gateway Project. The project approvals included certification of Environmental Impact Report (EIR) No. 328, amendments to the PTMLUP and the PTMU Overlay Zone, and Conditional Use Permit (CUP) No. 2003-04763. The amendments created two sub-areas within the PTMU Overlay Zone Gateway District; Sub-Area B, consisting of the Archstone Gateway Project site, and Sub-Area A, consisting of the balance of the Gateway District. In addition, the amendments to the PTMU Overlay Zone established zoning and development standards for the Gateway District, Sub-Area B, including a provision that allowed development of a multiple-family residential development subject to the approval of CUP No. 2003-04763, as may be amended from time to time; and, WHEREAS, the Archstone Gateway Apartments were completed in Fall 2008, and were subsequently purchased by the Irvine Company in October 2010 and renamed to Gateway Apartment Homes; and, WHEREAS, in October 2010, the City Council certified EIR No. 339, prepared for the Revised Platinum Triangle Expansion Project. As a part of this project, the Gateway District Sub-Area B was expanded to include all of the properties within the Gateway District, south of Orangewood Avenue and east of State College Boulevard; and, WHEREAS, the Planning Commission did receive a verified Petition for an amendment to CUP No. 2003-04763 (herein referred to as "CUP No. 2003-04763A" or “Proposed Project”) to develop a Phase 2 of the Gateway Apartment Homes, by constructing an additional 395 units directly adjacent to the existing Gateway Apartment Homes, on certain real property located at 2100 East Orangewood Avenue in the City of Anaheim, as legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and, - 2 - PC2012-*** WHEREAS, the Property is designated for Mixed Use land uses in the City of Anaheim General Plan, located in the I (PTMU) (Industrial; Platinum Triangle Mixed Use Overlay) zone, and currently developed with four industrial buildings; and, WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 19, 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 Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against the proposed project to investigate and make findings and recommendations in connection therewith; and, WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that previously-certified Environmental Impact Report No. 339 is adequate to serve as the required environmental documentation in connection with this request because the proposed project will not create any environmental impacts beyond those identified and addressed in the Revised Platinum Triangle Expansion Project; and, WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for an amendment CUP No. 2003-04763 to develop a Phase 2 of the Gateway Apartment Homes, by constructing an additional 395 units directly adjacent to the existing Gateway Apartment Homes, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized pursuant to Table 20-A: Primary Uses: Platinum Triangle Mixed Use (PTMU) Overlay Zone of Anaheim Municipal Code Section 18.20.030 (Mixed Use District Uses) and as further detailed in Section 18.20.170 (Gateway District Sub-Area B Standards). 2. That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located by complying with the development standards of the PTMU Overlay Zone. Based upon this compliance, the Proposed Project will be consistent with the Gateway Apartment Homes, as well as, other recently constructed and future development within the Platinum Triangle. In addition, the access driveway to the east will provide a buffer between existing industrial uses along Dupont Drive and the Proposed Project. Furthermore, although access to the Fast Food Restaurant (Assessor Parcel No. 083-27-124) to the west is provided from Orangewood Avenue through the Project Site; conditions of approval 13-15 require the Irvine Company to arrange access to the Fast Food Restaurant directly from Orangewood Avenue, prior to issuance of grading permits. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the Project Site is approximately 6.2 acres and is a large regularly-shaped rectangular property. In addition, the Proposed Project adequately addresses issues such as vehicular and pedestrian circulation, architectural design, on-site recreation, orientation of buildings and landscape. Furthermore, the Proposed Project is consistent with the objectives of the Gateway District of the PTMU Overlay Zone in that - 3 - PC2012-*** it provides housing within proximity to employment centers and retail use. The development intensity proposed is within the overall intensity analyzed by EIR No. 339. Mitigation measures from Mitigation Monitoring Plan No. 106C, adopted in conjunction with the certification of EIR No. 339, are proposed as conditions of approval for this project to ensure that adequate public infrastructure exists or will exist to serve the Proposed Project. Additionally, the property owner intends to comply with all applicable Anaheim Municipal Code requirements to further ensure that the Proposed Project will not be detrimental to the public health, safety and welfare. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area based upon the findings of the traffic analysis prepared for the project, on file with the Planning Department. Conditions of approval 1-4 require the property owner to prepare a traffic improvement phasing analysis, prior to the approval of the Conditional Use Permit, to identify when improvements identified in EIR No. 339 are required to be designed and constructed for the Proposed Project. The traffic analysis prepared for the Proposed Project concludes that there are no new significant project impacts and that none of the improvements identified in EIR No. 339 need to be constructed for the Proposed Project. In addition, the analysis concludes that there is adequate storage capacity and maneuvering area at the two gated entries to accommodate the expected residential and visitor stacking needs without backing onto the adjacent public street. 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim because all applicable conditions of approval from CUP No. 2003-04763, pertaining to the Archstone Gateway Project; applicable mitigation measures from Mitigation Monitoring Program No. 305, adopted in conjunction with EIR No. 339; and, project specific measures identified by City staff have been included as conditions of approval for the Proposed Project. These conditions of approval, along with compliance with applicable codes and regulations will ensure that the Proposed Project will not be detrimental to the health and safety of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve CUP No. 2003-04763A, subject to the conditions of approval 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 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 modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 4 - PC2012-*** BE IT FURTHER RESOLVED, that amendments, modifications and revocations 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 Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. Failure to pay all charges shall result in the revocation of the approval of this application. BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B pertain solely to the development of the property identified in Exhibit A. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 19, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (“Zoning Provisions - General”) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** 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 November 19, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of November, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 6 - PC2012-*** - 7 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2003-04763A Conditional Use Permit No. 2003-04763: Applicable Conditions of Approval from Conditional Use Permit No. 2003-04763 have been incorporated into these conditions. All conditions of approval from Conditional Use Permit No. 2003-04763 are identified by “COA” below the applicable condition number. Modifications to these conditions are indicated as follows: additions are shown in bold and deletions are shown in strikethrough. Mitigation Monitoring Plan No. 305: Mitigation Measures (“MM”) from Mitigation Monitoring Plan No. 305 are incorporated into these conditions of approval. Mitigation Monitoring Plan No. 305 includes all applicable measures from Mitigation Monitoring Program No. 106C, adopted in conjunction with the certification of Final Subsequent Environmental Impact Report No. 339 (FSEIR No. 339). All mitigation measures are identified by the “MM” below applicable condition numbers. Terms and Definitions: 1. Environmental Equivalent/Timing – Any Mitigation Measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed “environmental equivalent/timing” and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be borne by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City’s adopted fee schedule. 2. The Planning Director has the authority to grant the modification of the timing of any conditions of approval of Conditional Use Permit No. 2003-04763A, provided said modification does not result in any increase in environmental impacts for which sufficient mitigation cannot be provided. Any request for such modifications shall be in writing and shall clearly identify the reason for the modification. Appeal of such decisions shall be provided pursuant to Section 18.60.135 (Appeals – Planning Director Decisions) of the Anaheim Municipal Code. 3. Timing – The point in time where a condition of approval must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance must be monitored. Once the initial action item has been complied with, no additional monitoring will occur because routine City practices and procedures will ensure that the intent has been complied with. 4. Responsibility for Monitoring – Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. 5. On-going Conditions of Approval – The conditions that are designated to occur on an on- going basis will be monitored in the form of an annual letter from the property owner/developer in January of each year stating how compliance with the subject conditions have been achieved. When compliance with a condition related to on-going - 8 - PC2012-*** operation of a use has been demonstrated for a period of one year, monitoring of the condition will be deemed to be satisfied and no further monitoring will occur. For conditions that are monitored “On-going During Construction,” the annual letter will review those measures only while construction is occurring. Monitoring will be discontinued after construction is complete. 6. This Conditional Use Permit No. 2003-04763A is granted expressly conditioned upon the determination by Planning Commission that previously-certified FSEIR No. 339 and Mitigation Monitoring Plan No. 305 are adequate to serve as the environmental documentation for this project. 7. That the property owner/developer shall be responsible for compliance with any and all direct costs associated with the monitoring and reporting of all mitigation measures set forth in Mitigation Monitoring Plan No. 305, established by the City of Anaheim as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified measures within the timeframes identified in the measure. Abbreviations: COA: Conditions of Approval from Conditional Use Permit No. 2003-04763A. MM: Condition of approval that is a mitigation measure from Mitigation Monitoring Plan 305 and Mitigation Monitoring Program 106C. Planning: City of Anaheim Planning and Building Department, Planning Services Division Building: City of Anaheim Planning and Building Department, Building Division Code Enforcement: City o f Anaheim Planning and Building Department, Code Enforcement Division PW – Construction City of Anaheim Public Works Department, Construction Services PW – Dev Svcs: City of Anaheim Public Works Department, Development Services PW – Field: City of Anaheim Public Works Department, Field Engineering PW – Traffic: City of Anaheim Public Works Department, Traffic and Transportation PW – Sanitation: City of Anaheim Public Works Department, Streets and Sanitation Community Services: City of Anaheim Community Services Department City Attorney: City of Anaheim City Attorney Fire: City of Anaheim Fire Department Police: City of Anaheim Police Department Resource Efficiency: Anaheim Public Utilities Department, Resource Efficiency Division Water: Anaheim Public Utilities Department, Water Engineering Division - 9 - PC2012-*** Electrical: Anaheim Public Utilities Department, Electrical Engineering Division OCHCA: Orange County Health Care Agency SCAQMD: South Coast Air Quality Management District OCFCD: Orange County Flood Control District RWQCB: Regional Water Quality Control Board OCSD: Orange County Sanitation District PRIOR TO APPROVAL OF CONDITIONAL USE PERMIT NO. 2003-04763A NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 1. (MM 9-6) Prior to approval any project forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, property owner/developers shall prepare traffic improvement phasing analyses to identify when the improvements identified in the Revised Platinum Triangle Expansion Project Draft Traffic Study Report, Parson Brinckerhoff, August 2010 (Appendix F of FSEIR 339) shall be designed and constructed. The property owner/developer shall implement traffic improvements as identified in the project traffic study to maintain satisfactory levels of service as defined by the City’s General Plan, based on thresholds of significance, performance standards and methodologies utilized in FSEIR No. 339, Orange County Congestion Management Program and established in City of Anaheim Traffic Study Guidelines. The improvement phasing analyses will specify the timing, funding, construction and fair share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. The Conditions of Approval shall require the property owner/developer to construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager, unless alternative funding sources have been identified. PW – Traffic 2. (MM 9-7) In conjunction with the preparation of any traffic improvement phasing analyses as required in Mitigation Measure 9-6, property owners/developers will analyze to determine when the intersection improvements shall be PW – Traffic - 10 - PC2012-*** PRIOR TO APPROVAL OF CONDITIONAL USE PERMIT NO. 2003-04763A NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY constructed, subject to the conditions identified in Mitigation Measure 9-6. The improvement phasing analyses will specify the timing, funding, construction and fair-share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. At minimum, fair-share calculations shall include intersection improvements, rights-of- way, and construction costs, unless alternative funding sources have been identified to help pay for the improvement. The property owner/developer shall construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager, unless alternative funding sources have been identified. 3. (MM 9-8) In conjunction with the preparation of any traffic improvement phasing analyses as required in Mitigation Measure 9-6, the following actions shall be taken in cooperation with the City of Orange: a) The traffic improvement phasing analysis shall identify any impacts created by the project on facilities within the City of Orange. The fair-share percentage responsibility for mitigating these impacts shall be calculated in this analysis. b) The City of Anaheim shall estimate the cost of the project’s fair-share responsibility in cooperation with the City of Orange. c) The Proposed Project shall pay the City of Anaheim the fair-share cost prior to issuance of a building permit. The City of Anaheim shall hold the amount received in trust, and then, once a mutually agreed upon joint program is executed by both cities, the City of Anaheim shall allocate the fair-share contribution to traffic mitigation programs that result in improved traffic flow at the impacted locations, via an agreement mutually acceptable to both cities. PW – Traffic - 11 - PC2012-*** PRIOR TO APPROVAL OF CONDITIONAL USE PERMIT NO. 2003-04763A NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY d) The City shall work with the City of Orange to amend the JCFA to ensure that fair share fees collected to mitigate arterial and intersection impacts in the City of Orange are mitigated to the extent feasible. 4. (MM 9-9) In conjunction with the preparation of any traffic improvement phasing analyses as required in Mitigation Measure 9-6, and assuming that a regional transportation agency has not already programmed and funded the warranted improvements to the impacted freeway mainline or freeway ramp locations, property owners/developers and the City will take the following actions in cooperation with Caltrans: a) The traffic study will identify the Project’s proportionate impact on the specific freeway mainline and/or freeway ramp locations and its fair share percentage responsibility for mitigating these impacts based on thresholds of significance, performance standards and methodologies utilized in FSEIR No. 339 and established in the Orange County Congestion Management Program and City of Anaheim Traffic Study Guidelines. b) The City shall estimate the cost of the project’s fair-share responsibility in cooperation with Caltrans. PW – Traffic 5. (MM 9-14) In conjunction with the preparation of any traffic improvement phasing analyses as required in Mitigation Measure 9-6, property owners/developers will analyze to determine when the intersection improvements identified under Impact 5.9-4 shall be constructed, subject to the conditions identified in Mitigation Measure 9-6. PW – Traffic 6. (MM 9-15) The property owner/developer shall meet with the Traffic and Transportation Manager to determine whether a bus stop(s) is required to be placed adjacent to the property. If a bus stop(s) is required by the Traffic and Transportation Manager, it shall be placed in a location that least impacts traffic flow and may be designed as a bus turnout or a far side bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). PW – Traffic - 12 - PC2012-*** NO LATER THAN 30 DAYS FOLLOWING THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT NO. 2003-04763A NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 7. (COA 5) The legal property owner shall enter into an agreement with the City of Anaheim satisfactory to the City Attorney agreeing to indemnify and hold harmless the City, its agents, officers, council members, employees, boards, commission and their members and the City Council from any claim, action or proceeding brought against any of the foregoing individuals or entities, the purpose of such litigation being to attack, set aside, void or annul any approval of the application or related decision, or the adoption of any environmental documents or FSEIR No. 339, which relates to the approval of the Proposed Actions Conditional Use Permit No. 2012-04763A. This indemnification shall include, but is not limited to, all damages, costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party, and costs of suit, attorneys’ fees, and other costs, liabilities and expenses arising out of or in connection with the approval of the application or related decisions, whether or not there is concurrent, passive or active negligence of the part of the City, its agents, officers, council members, employees, boards, commissions and their members and the City Council. City Attorney PRIOR TO ISSUANCE OF DEMOLITION, GRADING OR BUILDING PERMITS NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 8. (MM 2-3) Prior to approval of each grading plan (for Import/Export Plan) and prior to issuance of demolition permits (for Demolition Plans), the property owner/developer shall submit Demolition and Import/Export Plans detailing construction and demolition (C&D) recycling and waste reduction measures to be implemented to recover C&D materials. These plans shall include identification of off-site locations for materials export from the project and options for disposal of excess material. These options may include recycling of materials on-site or to an adjacent site, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an Planning PW - Traffic - 13 - PC2012-*** PRIOR TO ISSUANCE OF DEMOLITION, GRADING OR BUILDING PERMITS NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY environmentally cleared landfill, with attempts made to move it within Orange County. The property owner/developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects if not all can be reused at the project site. 9. Prior to approval of a demolition permit, the property owner/developer will submit plans showing construction fencing around the site boundary. Said fencing shall be maintained by the property owner/developer in a good and safe condition throughout construction. Planning 10. (MM 3-2) Prior to the initiation of grading activities, for projects greater than one acre, coverage for the project must be obtained by electronically submitting permit registration documents to the State or obtaining coverage via current general construction permit prescribed method by the property owner/developer pursuant to State and Federal National Pollution Discharge Elimination System (NPDES) requirements. As part of the NOI, a Surface Water Pollution Prevention Plan (SWPPP) shall be prepared. The property owner/developer shall also prepare and submit to the Building Division of the Planning Department, a Water Quality Management Plan (WQMP) in accordance with the City’s municipal NPDES requirements and Chapter 7 of the Orange County Drainage Area Management Plan. The WQMP must be approved prior to issuance of grading permit. The SWPPP, in conjunction with the WQMP, will describe the structural and nonstructural BMPs that will be implemented during construction (short-term) within the Project Area as well as BMPs for long-term operation of the Project Area that address potential impacts to surface waters. Building 11. (MM 10-3) Prior to issuance of a grading or building permit for each development project, whichever occurs first, the property owner/developer shall contact Orange County Sanitation District (OCSD) regarding sewer capacity. Additionally, if PW – Dev Svcs - 14 - PC2012-*** PRIOR TO ISSUANCE OF DEMOLITION, GRADING OR BUILDING PERMITS NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY requested by the OCSD, the property owner/developer shall place up to three flow monitoring devices for up to a month to verify capacity and ensure consistency with the OCSD’s modeling results. 12. (MM 10-17) Prior to issuance of a grading or building permit, whichever occurs first, the City Engineer shall review the location of each project to determine if it is located within an area served by deficient drainage facilities, as identified in the Master Plan of Storm Drainage for East Garden Grove Wintersburg Channel Tributary Area. If the project will increase stormwater flows beyond those programmed in the appropriate master plan drainage study for the area or if the project currently discharges to an existing deficient storm drain system or will create a deficiency in an existing storm drain, the property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney’s Office. The property owner/developer shall be required to install the drainage facilities, as required by the City Engineer to mitigate the impacts of the proposed development based upon the Development Mitigation within Benefit Zones of the Master Plan of Storm Drainage for East Garden Grove Wintersburg Channel Tributary Area, prior to acceptance for maintenance of public improvements by the City or final Building and Zoning inspection for the building/ structure, whichever occurs first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the Project Area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. PW – Dev Svcs 13. Prior to issuance of a grading permit, the existing access easement in favor of parcel 08-27-124 shall be quitclaimed and the quitclaim deed shall be recorded in the office of the Orange County Recorder. PW – Dev Svcs - 15 - PC2012-*** PRIOR TO ISSUANCE OF DEMOLITION, GRADING OR BUILDING PERMITS NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 14. Prior to issuance of a grading permit, all existing structures shall be demolished including surface improvement used for access in favor of parcel 083-27-124. The developer shall obtain a demolition permit from the Building Division. PW – Dev Svcs 15. Prior to issuance of a grading permit for any work within parcel 083-27-124, the property owner/developer shall obtain a right-of-entry from the owner of parcel 083-27-124. All required street improvements for parcel 083-27-124, shall be submitted for review and approval to the Public Works Department for issuance of Right-of-Way Construction Permit. PW – Dev Svcs 16. Prior to issuance of the grading permit and right- of-way permit for the storm drain and sewer, whichever occurs first, a Save Harmless agreement in-lieu of an Encroachment Agreement for any storm drains connecting to a City storm drain is required to be executed by the property owner, approved by the City and recorded in the Office of the Orange County Recorder. PW – Dev Svcs 17. Prior to issuance of the grading permit, the property owner shall submit project improvement plans that incorporate the required drainage improvements, and the mechanisms proposed in the approved Drainage Report. No offsite run-off shall be blocked during and after grading operations or perimeter wall construction. PW – Dev Svcs 18. Prior to issuance of a grading permit, the property owner/developer shall submit plans documenting that the design of all aboveground structures (with the exception of parking structures) shall be at least three feet higher that the 100-year flood zone, where applicable, unless otherwise required by the City Engineer. All structures below this level shall be floodproofed to prevent damage to property or harm to people. PW – Dev Svcs 19. (MM 10-20) Prior to the approval of each grading plan (for import/export plan) and prior to issuance of demolition permits (for demolition plans), the property owner/developer shall submit a Demolition and Import/ Export Plans, if PW – Traffic PW - Sanitation - 16 - PC2012-*** PRIOR TO ISSUANCE OF DEMOLITION, GRADING OR BUILDING PERMITS NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY determined to be necessary by the Public Works Department, Traffic Engineering Division and/or Street and Sanitation Division. The plans shall include identification of off-site locations for material export from the project and options for disposal of excess material. These options may include recycling of materials on-site, sale to a broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner/developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if all cannot be reused on the project site. 20. (COA 6) The legal property owner shall execute and record an unsubordinated covenant in a form approved by the City Attorney’s Office wherein the legal property owner agrees not to contest the formation of any assessment district(s) which may be formed to finance the Platinum Triangle infrastructure and/or maintenance, which district(s) could include portions of the property in the City of Anaheim. The covenant shall not preclude the owner from contesting (i) the determination of benefit of such improvements to the property, (ii) the properties included in said district or area, (iii) the manner in which said fee is determined or (iv) the manner in which said improvement costs are spread. City Attorney 21. (MM 10-13) Prior to issuance of a building permit or grading permit, whichever occurs first, the property owner/developer shall indicate on plans water efficient design features including, but not limited to (as applicable to the type of development at issue) waterless water heaters, waterless urinals, automatic on and off water faucets, and water efficient appliances. Resource Efficiency 22. (MM 10-9) Prior to the issuance of the first building permit or grading permit, whichever occurs first, the property owner/developer shall indicate on plans installation of a separate irrigation meter when the total landscaped area exceeds 2,500 square feet. Water - 17 - PC2012-*** PRIOR TO ISSUANCE OF DEMOLITION, GRADING OR BUILDING PERMITS NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY (City of Anaheim Water Conservation Measures) 23. (MM 10-10) The property owner/developer shall pay fees in accordance with Rule 15D, Platinum Triangle Water Facilities Fee, of the Water Utilities Rates, Rules, and Regulations. Water 24. (MM 10-14) Prior to issuance of a building permit or grading permit, whichever occurs first, the property owner/developer shall indicate on plans installation of a separate irrigation lines and use recycled water when it becomes available. All irrigation systems shall be designed so that they will function properly with recycled water. The property owner/developer shall contact the Public Utilities Department, Water Engineering Division, for recycled water system requirements and specific water conservation measures to be incorporated into the building and landscape construction plans. Water 25. (MM 10-23) New underground electric utility facilities necessary to accommodate the project are typically required to be underground in the City of Anaheim. The underground electrical distribution systems will consist of substructures including vaults, duct banks, pull boxes, and other facilities necessary to meet the proposed power requirements of the development. The underground substructures will be installed by the applicant in accordance with electrical distribution plans and specifications prepared and approved by the Public Utilities Department - Electrical Engineering Division. Electrical facilities and equipment will be installed as required to meet the electrical demand of the development. In addition, all high voltage electrical lines, switches, and transformers installed on private property will require an easement as indicated on the approved plans. It is the developer’s responsibility to coordinate survey activities and construct wet and dry utilities in a manner as to avoid conflicts, and to meet necessary clearance requirements for the on-site electrical distribution system required for service establishment. Electrical - 18 - PC2012-*** PRIOR TO ISSUANCE OF DEMOLITION, GRADING OR BUILDING PERMITS NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 26. (MM 10-26) The proposed project shall comply with all State Energy Insulation Standards and City of Anaheim codes in effect at the time of application for building permits. (Commonly referred to as Title 24, these standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. Title 24 covers the use of energy efficient building standards, including ventilation, insulation and construction and the use of energy saving appliances, conditioning systems, water heating and lighting.) Plans submitted for building permits shall include written notes demonstrating compliance with energy standards and shall be reviewed and approved by the Public Utilities Department prior to issuance of building permits. Prior to issuance of each building permit, the property owner/developer shall incorporate the following energy saving practices into building plans. The property owner/developer shall implement, to the extent feasible, these energy saving practices, in compliance with Title 10 of the Anaheim Municipal Code, prior to each final building and zoning inspection: • Consultation with the Public Utilities Department energy conservation experts for assistance with energy conservation design features. • Use of electric motors designed to conserve energy. • Use of special lighting fixtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights. • Use of T8 lamps and electronic ballasts. Metal halide or high-pressure sodium for outdoor lighting. Electrical PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 27. All air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view from public rights-of-way and Planning - 19 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY (COA 15) all adjacent properties. Said information shall be specifically shown on the plans submitted for building permits. 28. (COA 16) 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 plans submitted for building permits. Planning 29. (COA 22) Assigned parking spaces shall be provided for each residential unit. Said information shall be specifically shown on plans submitted for building permits. Planning 30. (COA 23) Visitor parking spaces shall be posted, “No Overnight Parking, Except by Permission of the Management.” Said information shall be shown on plans submitted for building permits. Planning 31. (COA 24) All above-ground utility devises shall be located on private property and outside any required setback area. Said information shall be shown on plans submitted for building permits. Planning 32. (MM 2-10) For projects located within 1,000 feet of an industrial facility that emits substantial odors, which includes but is not limited to: a. wastewater treatment plants b. composting, greenwaste, or recycling facilities c. fiberglass manufacturing facilities d. painting/coating operations e. coffee roasters f. food processing facilities Property owner/developer shall submit an odor assessment to the Planning Department that verifies that the South Coast Air Quality Management District (SCAQMD) has not received three or more verified odor complaints. If the Odor Assessment identifies that the facility has received three such complaints, the applicant will be required to identify and demonstrate that Best Available Control Technologies for Toxics (T- Planning - 20 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY BACTs) are capable of reducing potential odors to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, scrubbers at the industrial facility, or installation of Minimum Efficiency Reporting Value (MERV) filters rated at 14 or better at all residential units. 33. (MM 7-9) The property owner/developer shall pay the school impact fees as adopted by the Board of Trustees of the Anaheim Union High School District and Anaheim City School District in compliance with Senate Bill 50 (Government Code [GC] Section 65995 [b][3] as amended). Planning 34. (MM 2-4) The property owner/developer shall submit evidence that high-solids or water-based low emissions paints and coatings are utilized in the design and construction of buildings, in compliance with South Coast Air Quality Management District’s regulations. This information shall be denoted on the project plans and specifications. Additionally, the property owner/developer’s shall specify the use of high- volume/low-pressure spray equipment or hand application. Air-atomized spray techniques shall not be permitted. Plans shall also show that property owner/developers shall construct/build with materials that do not require painting, or use prepainted construction materials, to the extent feasible. Planning 35. Sign plans shall be consistent with the coordinated sign program approved for CUP2003-04763. Planning 36. The property owner/developer shall submit an addressing plan for the building. All residential units shall be assigned addresses by the GIS Section of the Planning Department. Planning 37. The property owner/developer shall submit to the Planning Department a reciprocal pedestrian and vehicular access easement agreement to be reviewed by the City Attorney and the Planning Director Planning - 21 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 38. (COA 68) Each unit shall be pre-wired for cable and internet service. Said information shall be specifically shown on plans submitted for building permits. Building 39. (MM 2-6) The property owner/developer shall submit energy calculations used to demonstrate compliance with the performance approach to the California Energy Efficiency Standards to the Building Division that shows each new structure exceeds the applicable Building and Energy Efficiency Standards by a minimum of 10 percent at the time of the building permit. Prior to issuance of a building permit, plans shall show the following: a. Energy-efficient roofing systems, such as vegetated or “cool” roofs, that reduce roof temperatures significantly during the summer and; therefore, reduce the energy requirement for air conditioning. Examples of energy efficient building materials and suppliers can be found at the following website: http://eetd.lbl.gov/CoolRoofs/ or other similar websites. b. Cool pavement materials such as lighter- colored pavement materials, porous materials, or permeable or porous pavement, for all roadways and walkways not within the public right-of-way, to minimize the absorption of solar heat and subsequent transfer of heat to its surrounding environment. Examples of cool pavement materials are available at: http://www.epa.gov/heatisld/ images/extra/level3_pavingproducts.html or other similar websites. c. Energy saving devices that achieve the existing 2008 Building and Energy Efficiency Standards, such as use of energy efficient appliances (e.g., EnergyStar® appliances) and use of sunlight-filtering window coatings or double-paned windows. d. Electrical vehicle charging stations for all Building - 22 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY commercial structures encompassing over 50,000 square-feet. e. Shady trees strategically located within close proximity to the building structure to reduce heat load and resulting energy usage at residential, commercial, and office buildings. 40. (MM 5-2) The property owner/developers shall submit a final acoustical report prepared to the satisfaction of the Planning Director. The report shall show that the development will be sound-attenuated against present and projected noise levels, including roadway, aircraft, helicopter, stationary sources (e.g., industrial, commercial, stadium, etc.), and railroad, to meet City interior noise standards as follows: a) The report shall demonstrate that the proposed residential design will result in compliance with the 45 dBA CNEL interior noise levels, as required by the California Building Code and California Noise Insulation Standards (Title 24 and 25 of the California Code of Regulations). b) The report shall demonstrate that the Proposed Project residential design shall minimize nighttime awakening from stadium event noise and train horns such that interior single-event noise levels are below 81 dBA Lmax . The property owner/developer shall submit the noise mitigation report to the Planning Director for review and approval. Upon approval by the City, the project acoustical design features shall be incorporated into construction of the Proposed Project. Building 41. (MM 5-5) To reduce noise and vibration impacts from the impact pile driver, the construction contractor shall evaluate the feasibility of using auger cast piles or a similar system to drill holes to construct cast-in-place piles for a pile-supported transfer slab foundation system. This alternative construction method would reduce the duration Building - 23 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY necessary for use of the impact pile driver and/or eliminate the need to use pile drivers altogether. Proof of compliance with this measure shall be submitted to the Planning Department in the form of a letter from the construction contractor. 42. (COA 40) A drainage study shall be submitted to document the existing and proposed drainage patterns. If there is an increase in discharge to the City of Anaheim facilities, the study shall demonstrate that the existing facilities have capacity or mitigation will be required. PW - Dev Svcs 43. (MM 9-11) The property owner/developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s)- of-way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan and consistent with the adopted Platinum Triangle Master Land Use Plan, regardless of the level of impacts generated by the project. PW – Dev Svcs 44. (MM 10-1) The City Engineer shall review the location the project to determine if it is located within an area served by deficient sewer facilities, as identified in the latest updated sewer study for the Platinum Triangle. If the project will increase sewer flows beyond those programmed in the appropriate master plan sewer study for the area or if the project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney’s Office. Prior to approval of a final subdivision map or issuance of a grading or building permit for each development project, whichever occurs first, the property owner/developer shall be required to install the sanitary sewer facilities, as required by the City Engineer, to mitigate the impacts of the proposed development based upon the latest updated sewer study for the Platinum Triangle. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program, if PW – Dev Svcs - 24 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY adopted for the project area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. 45. The vehicular access rights to Orangewood Avenue, except at the private street opening, shall be released and relinquished to the City of Anaheim. PW – Dev Svcs 46. The property owner/developer shall install the sanitary sewer facilities, as required by the City Engineer, to mitigate the impacts of the proposed development based upon the latest updated sewer study for the Platinum Triangle. PW – Dev Svcs 47. The property owner/developer shall submit for review a Lot Line Adjustment application to the Public Works, Development Services Division to consolidate the 2 existing parcels into one parcel. Upon approval of the Line Adjustment by the City Surveyor, it shall be recorded along with perfecting deed(s), in the office of the Orange County Recorder. PW – Dev Svcs 48. The property owner/developer shall submit to the Public Works Department, Development Services Division improvement plans to 1) improve private streets per City Standard Detail 162 or as approved by the City Engineer, 2) improve Orangewood Avenue per the Platinum Triangle Implementation Master Plan or as approved by the City Engineer (public). The improvements include, but are not limited to, road widening, curb and gutter, sidewalk, landscape/irrigation, storm drain and sewer facilities, and traffic signals and street striping. The landscape and irrigation improvement plans shall be prepared in accordance with the Public Works Landscape and Irrigation Manual for Public Street and Highway and the Platinum Triangle requirements and the irrigation shall be connected to the private on-site water system. PW – Dev Svcs 49. The property owner/developer shall post a security to guarantee the construction of public works improvements in an amount approved by the City PW – Dev Svcs - 25 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY Engineer and in a form approved by the City Attorney. 50. (COA 49) The location of drop-off/pick-up areas and moving plazas shall be in substantial accordance with exhibits approved in conjunction with this Conditional Use Permit on file with the Planning Department, as said exhibits may be duly amended from time to time. Any modifications to said areas shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. PW – Traffic 51. (MM 9-4) The property owner/developer shall pay the appropriate Traffic Signal Assessment Fees, Traffic Impact and Improvement Fees, and Platinum Triangle Impact Fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City-authorized improvements provided by the property owner/developer; and participate in all applicable reimbursement or benefit districts which have been established. PW - Traffic 52. (MM 9-5) The property owner/developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s)- of-way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan and consistent with the adopted Platinum Triangle Master Land Use Plan. PW - Traffic 53. (MM 9-10) The property owner/developer shall pay the identified fair-share responsibility as determined by the City as set forth in Mitigation Measure 9-9. The City shall allocate the property owners/developers fair-share contribution to traffic mitigation programs that result in improved traffic flow on the impacted mainline and ramp locations, via an agreement mutually acceptable to Caltrans and the City. PW - Traffic 54. Street improvement plans shall be submitted for all traffic related improvements adjacent to the PW - Traffic - 26 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY project site to the Public Works Department, Development Services Division for review and approval. These plans will show both sides of all streets and alleys adjacent to the property, including all driveways and utility installations, signing and striping. All improvements shall be installed and completed prior to the first final building and zoning inspection. 55. A bond shall be posted for all traffic related street improvements, including, but not limited to, relocated curb and driveway, new sidewalk, directional signage, and striping as required for said project. All improvements identified as required for the project opening shall be completed prior to final building and zoning inspection. PW - Traffic 56. Plans shall specifically indicate that all vehicular ramps and grades conform to all applicable Engineering Standards. PW - Traffic 57. Prior to issuance of the a building permit for the parking structure, plans shall demonstrate that at- grade ducts and overhead pipes shall not encroach in the parking space areas or required vehicle clearance areas. PW - Traffic 58. (COA 46 modified) Trash storage areas and trash chutes shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with exhibits approved in conjunction with the Conditional Use Permit, on file with the Planning Department, as said exhibits may be duly amended from time to time, and in conformance with Mitigation Monitoring Program No. 126 Plan No. 305. Said information shall be specifically shown on plans submitted for building permits. PW - Sanitation 59. (COA 47 modified) An on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division and in substantial accordance with exhibits approved in conjunction with this Conditional Use Permit on file with the Planning PW - Sanitation - 27 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY Department, as said exhibits may be duly amended from time to time, and in conformance with Mitigation Monitoring Program No. 126 Plan No. 305. Said turn-around area shall be specifically shown on plans submitted for building permits. 60. (COA 10) The surface for fire access lanes shall be as approved by the Anaheim Fire Department. Said information shall be specifically shown on plans submitted for building permits. Fire 61. (MM 7-1) Plans shall indicate that all buildings shall have fire sprinklers in accordance with the Anaheim Municipal Code. Said sprinklers shall be installed by the property owner/developer prior to each final Building and Zoning inspection. Fire 62. Fire hydrants shall meet minimum Fire Department Specifications and Requirements for spacing, distance to structure and available fire flow. Fire 63. As determined by the Fire Chief, in consultation with City staff, the property owner/developer shall enter into an agreement with the City for the installation of traffic signal preemption equipment for the surrounding controlled intersections. Fire 64. A fire alarm system shall be designed, installed and maintained as required by the Fire Department. Fire 65. Lockable pedestrian and/or vehicular access gates shall be equipped with Knox devices as required and approved by the Fire Department. Fire 66. (MMs 7-2 and 7-7) Prior to issuance of a Building Permit, the property owner/developer shall pay the Public Safety Impact Fee, as amended from time to time, for fire facilities and equipment impact fees identified in Anaheim Municipal Code Chapter 17.36. Fire Police 67. (COA 27) Closed circuit television (CCTV) security cameras shall be installed to monitor the parking structure and the mailroom on the second level of the parking structure to the satisfaction of the Police - 28 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY Anaheim Police Department. CCTV cameras shall be strategically located throughout the parking structure, covering all areas, especially all pedestrian and vehicular access points. Said information shall be specifically shown on plans submitted for building permits. 68. (COA 28) Than an address monument and/or complex map shall be positioned to be readable from the main vehicular or pedestrian access points without causing vehicular stacking and shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. Police 69. (COA 29) Each individual building and unit shall be clearly marked with its appropriate building number and address. These numbers shall be positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers shall be a minimum of 12 inches in height. Main building numbers and address numbers shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits Police 70. (COA 32) Lighting on all levels of the parking structure, and all circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide safe, secure environment for all persons, property, and vehicles on-site. Said information shall be specifically shown on plans submitted for building permits. Police 71. (MM 7-3) Prior to issuance of building permits, the property owner/developer shall submit plans to the Anaheim Police Department for review and approval for the purpose of incorporating safety measures in the project design including implementation of Ordinance 6016 and the concept of crime prevention through environmental design (i.e., building design, circulation, site planning and lighting of parking structure and parking areas). Rooftop addresses shall be provided for all parking structures (for the police helicopter). Minimum size for numbers shall be four feet in height and two feet in width. Police - 29 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY The lines for the numbers shall be six inches thick and spaced 12 to 18 inches apart. All numbers shall have a contrasting color to the parking structure and shall face the street to which the structure is addressed. 72. (MM 7-4) Prior to the issuance of each Building Permit for a parking structure, the property owner/developer shall submit plans to the Anaheim Police Department for review and approval indicating the provision of closed circuit monitoring and recording or other substitute security measures as may be approved by the Anaheim Police Department. Said measures shall be implemented prior to final Building and Zoning inspections. Police 73. (MM 7-5) Prior to issuance of a building permit, the property owner/developer shall submit design plans that shall include parking lots and parking structures with controlled access points to limit ingress and egress if determined to be necessary by the Anaheim Police Department, and shall be subject to the review and approval of the Anaheim Police Department. Police 74. (MM 10-7) Prior to issuance of a building permit, submitted landscape plans shall demonstrate compliance with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in compliance with the State of California Model Water Efficient Landscape Ordinance (AB 1881). Among the measures to be implemented with the project are the following: • Use of water-conserving landscape plant materials wherever feasible; • Use of vacuums and other equipment to reduce the use of water for wash down of exterior areas; • Low-flow fittings, fixtures and equipment including low flush toilets and urinals; • Use of self-closing valves for drinking fountains; • Use of efficient irrigation systems such as drip irrigation and automatic systems which Resource Efficiency - 30 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY use moisture sensors; • Infrared sensors on sinks, toilets and urinals; • Low-flow shower heads in hotels; • Infrared sensors on drinking fountains; • Use of irrigation systems primarily at night, when evaporation rates are lowest; • Water-efficient ice machines, dishwashers, clothes washers, and other water using appliances; • Cooling tower recirculating system; • Use of low-flow sprinkler heads in irrigation system; • Use of waterway recirculation systems; • Provide information to the public in conspicuous places regarding water conservation; and • Use of reclaimed water for irrigation and washdown when it becomes available. In conjunction with submittal of landscape and building plans, the applicant shall identify which of these measures have been incorporated into the plans. 75. (MM 10-12) Prior to issuance of a building permit, submitted landscape plans shall demonstrate the use of drought tolerant plant materials pursuant to the publication entitled “Water Use Efficiency of Landscape Species” by the U.C. Cooperative Extension, August 2000. Resource Efficiency 76. (MM 10-22) Prior to the issuance of each building permit, the property owner/developer shall indicate on plans energy-saving practices that will be implemented with the project in compliance with Title 24, which may include the following: • High-efficiency air-conditioning with EMS (computer) control. • Variable Air Volume (VAV) air distribution. • Outside air (100 percent) economizer cycle. • Staged compressors or variable speed drives to flow varying thermal loads. Resource Efficiency - 31 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY • Isolated HVAC zone control by floors/separable activity areas. • Specification of premium-efficiency electric motors (i.e., compressor motors, air-handling units, and fan-coil units). • Use of occupancy sensors in appropriate spaces. • Use of compact fluorescent lamps. • Use of cold cathode fluorescent lamps. • Use of EnergyStar ® exit lighting or exit signage. • Use of T-8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified. • Use of lighting power controllers in association with metal-halide or high- pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots. • Consideration of thermal energy storage air conditioning for spaces or facilities that may require air-conditioning during summer, day- peak periods. • Consideration for participation in Advantage Services Programs such as: o New construction design review, in which the City cost-shares engineering for up to $15,000 for design of energy efficient buildings and systems. o New Construction – Cash incentives $400 per kW or $0.15 per kWh saved for each measure and up to $200,000 per facility for efficiency that exceed Title 24 requirements.. o Green Building Program – Offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. • Use of high efficiency toilets (1.28 gallons per flush [gpf] or less). • Use of zero to low water use urinals (0.0 gpf to 0.25 gpf). • Use of weather-based irrigation controllers - 32 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY for outdoor irrigation. • Use of draught-tolerant and native plants in outdoor landscaping. 77. (COA 59) The legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement of twenty (20) feet in width for water service mains and/or an easement for large meters, backflow devices and other public water facilities to the satisfaction of the Water Engineering Division of the Public Utilities Department. Backflow devices and large meters shall be located above ground. Water 78. (COA 60) All existing water services shall conform to current Water Utility Standards on file in the Water Engineering Division of the Public Utilities Department. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned by the property owner/developer. If the existing services are no longer needed, they shall be abandoned by the property owner/developer. Water 79. (COA 61) All request for new water services or fire lines, as well as any modification, relocation, or abandonment of existing water services and fire lines, shall be coordinated through and reviewed for approval by the Water Engineering Division of the Public Utilities Department. Water 80. (COA 62) Prior to submitting the water improvement plans, the property owner/developer shall submit a water system master plan, including a hydraulic distribution network analysis, to the Water Engineering Division of the Public Utilities Department for review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project’s water demands and fire protection requirements. Water 81. (COA 63) Prior to application for water meters, fire lines or submitting for the water improvement plans for approval, the property owner/developer shall submit to the Water Engineering Division of the Public Utilities Department, an estimate of the Water - 33 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule 15A.6 of the Water Utility Rates, Rules, and Regulations. 82. (COA 64) Because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. Water 83. (COA 66) Prior to rendering water service, the property owner/developer shall submit a set of improvement plans for Public Utilities Department, Water Engineering Division, review and approval in determining the conditions necessary for providing water to the project. Water 84. (COA 67) Water improvement plans shall be submitted to the Water Engineering Division of the Public Utilities Department for review and approval. A performance bond in the amount approved by the City Engineer, and the form approved by the City Attorney, shall be posted with the City of Anaheim. All required water improvements shall be installed prior to the first building and zoning inspection. Water 85. (MM 10-8) Prior to the issuance of the first building permit, the property owner/developer shall provide engineering studies, including network analysis, to size the water mains for ultimate development within the project. This includes detailed water usage analysis and building plans for Public Utilities Water Engineering reviews and approval in determining project water requirements and appropriate water assessment fees. Water 86. A private water system with separate water services for fire protection and domestic water Water - 34 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY shall be provided. 87. All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector Water 88. A Landscape Documentation Package and a Certification of Completion are required and a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 6160 regarding water conservation. Building 89. Plans submitted for Building Permits shall indicate compliance with the following: • The water system serving this development shall be private. • All water service connections/laterals/meters shall be made from Orangewood Avenue. No water service connections/laterals/meters are permitted in private drives or fire lanes unless otherwise approved by the Water Department. • The following minimum horizontal clearances shall be maintained between proposed water main and other facilities: • 10-feet minimum separation (outside wall to outside wall) from sanitary sewer mains and laterals. • 5-feet minimum separation from all other utilities, including storm drains, gas and electric. • 3 or 6-feet minimum separation from curb face. • No public water main or public water facilities Water - 35 - PC2012-*** PRIOR TO ISSUANCE OF A BUILDING PERMIT NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY shall be installed in private alleys or paseo areas unless otherwise approved by the Water Department. • No public water mains, laterals or meters are allowed under parking stalls or parking lots. 90. The property owner/developer shall contact Water Engineering for reclaimed water system requirements and specific water conservation measures to be incorporated into the building and landscape construction plans. Water 91. (COA 7) The property owner/developer shall pay for an underground line extension to the nearest electrical source that has the capacity to serve their loads in an amount determined by the Electrical Engineering Division of the Public Utilities Departments. Any required relocation of City electrical facilities shall be at property owner/developer expense. Landscape and/or hardscape screening of all padmounted equipment shall be required outside the easement area of the equipment. Said information shall be specifically shown on plans submitted for building permits. Electrical 92. The property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Electrical PRIOR TO APPROVAL OF WATER IMPROVEMENT PLANS NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 93. The property owner/developer shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a 5-foot wide easement around the fire hydrant and/or water meter pad. (ii) A 20-foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Water - 36 - PC2012-*** PRIOR TO APPROVAL OF WATER IMPROVEMENT PLANS NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY Engineering Division of the Public Utilities Department’s standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC & Rs for the project. PRIOR TO APPROVAL OF STREET IMPROVEMENT PLANS NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 94. (MM 5-1) Prior to approval of street improvement plans for any project-related roadway widening, the City shall retain a qualified acoustic engineer to design project acoustical features that will limit traffic noise at noise sensitive uses to levels that are below the City’s noise ordinance. These treatments shall be noted on the street improvement plans to the satisfaction of the Planning Department and may include, but are not limited to, the replacement of windows and doors at existing residences with acoustically rated windows and doors. Building PW – Dev Svcs 95. (MM 10-2) Prior to the approval and ongoing during construction of any street improvement plans within the Platinum Triangle, which encompass area(s) where Orange County Sanitation District (OCSD) will be upsizing trunk lines and/or are making other improvements, the City and/or property owner/developer shall coordinate with the OCSD to ensure that all improvements and construction schedules are coordinated. PW – Dev Svcs 96. Prior to the approval and ongoing during construction of any street improvement plans within the Platinum Triangle, which encompass PW - Dev Svcs - 37 - PC2012-*** PRIOR TO APPROVAL OF STREET IMPROVEMENT PLANS NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY (MM 10-5) area(s) where OCSD will be upsizing trunk lines and/or are making other improvements, the City and/or property owner shall coordinate with OCSD to ensure that backflow prevention devices are installed by OCSD at the lateral connections to prevent surcharge flow from entering private properties. 97. (MM 10-6) Prior to final design approval, additional analysis shall be performed and provided for each individual project using flow, wet-weather data, and other information specific for that project in order to obtain more accurate results of the surcharge levels for final design. PW – Dev Svcs PRIOR TO APPROVAL OF SANITARY SEWER CONNECTIONS NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 98. (MM 10-4) The property owner/developer shall be required to install the sanitary sewer facilities, as required by the City Engineer, to prevent the sewer spill for below-grade structures of the proposed development based upon the latest updated sewer study for the Platinum Triangle. Where requested by the City Engineer, sewer improvements shall be constructed with larger than recommended diameter to maintain the surcharge levels within the pipe and the invert elevation of sewer laterals shall be located above the hydraulic grade line elevation of the surcharge levels when they are above the pipe crown. PW – Dev Svcs ON-GOING DURING GRADING, DEMOLITION AND CONSTRUCTION NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 99. (MM 2-1) The property owner/developer shall be responsible for requiring contractors to implement the following measures to reduce construction-related emissions: a) The contractor shall ensure that all construction equipment is being properly Building PW - Construction - 38 - PC2012-*** ON-GOING DURING GRADING, DEMOLITION AND CONSTRUCTION NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY serviced and maintained in accordance with the manufacturer’s recommendations to reduce operational emissions. b) The contractor shall use Tier 3 or higher, as identified by the United States Environmental Protection Agency, off- road construction equipment with higher air pollutant emissions standards for equipment greater than 50 horsepower, based on manufacturer’s availability. c) The contractor shall utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary diesel-power generators, where feasible. 100. (MM 2-2) The property owner/developer shall implement the following measures in addition to the existing requirements for fugitive dust control under South Coast Air Quality Management District Rule 403 to further reduce PM 10 and PM 2.5 emissions. To assure compliance, the City shall verify compliance that these measures have been implemented during normal construction site inspections. The measures to be implemented are listed below: a) During all grading activities, the property owner/developer’s construction contractor shall re-establish ground cover on the construction site through seeding and watering as quickly as possible to achieve a minimum control efficiency for PM 10 of 5 percent. b) During all grading activities, the property owner/developer’s construction contractor shall apply chemical soil stabilizers Pave to on-site haul roads to achieve a control efficiency for PM 10 of 85 percent compared to travel on unpaved, untreated roads. c) The property owner/developer’s construction contractor shall phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. d) The property owner/developer’s construction contractor shall schedule activities to minimize the amount of exposed excavated soil during and after the end of work periods. e) During all construction activities, the property owner/developer’s construction contractor shall sweep streets with Rule 1186 Building PW - Construction - 39 - PC2012-*** ON-GOING DURING GRADING, DEMOLITION AND CONSTRUCTION NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY compliant PM 10 efficient vacuum units on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. f) During active demolition and debris removal and grading, the property owner/developer’s construction contractor shall suspend demolition and grading operations when wind speeds exceed 25 miles per hour to achieve an emissions control efficiency for PM 10 under worst-case wind conditions of 98 percent. g) During all construction activities, the property owner/developer’s construction contractor shall maintain a minimum 12-inch freeboard on trucks hauling dirt, sand, soil, or other loose materials and tarp materials with a fabric cover or other suitable means to achieve a control efficiency for PM 10 of 91 percent. h) During all construction activities, the property owner/developer’s construction contractor shall water exposed ground surfaces and disturbed areas a minimum of every three hours on the construction site to achieve an emissions reduction control efficiency for PM 10 of 61 percent. i) During active demolition and debris removal, the property owner/developer ’s construction contractor shall apply water to disturbed soils at the end of each day to achieve an emission control efficiency for PM 10 of 10 percent. j) During scraper unloading and loading, the property owner/developer’s construction contractor shall ensure that actively disturbed areas maintain a minimum soil moisture content of 12 percent by use of a moveable sprinkler system or water truck to achieve a control efficiency for PM 10 of 69 percent. k) During all construction activities, the property owner/developer’s construction contractor shall limit on-site vehicle speeds on unpaved roads to no more than 15 miles per hour to achieve a control efficiency for - 40 - PC2012-*** ON-GOING DURING GRADING, DEMOLITION AND CONSTRUCTION NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PM 10 of 57 percent. 101. (MM 5-7) The property owner/developer shall be responsible for requiring contractors to implement the following measures to limit construction-related noise: a) Noise generated by construction, shall be limited by the property owner/developer to 60 dBA along the property boundaries, before 7:00 AM and after 7:00 PM, as governed by Chapter 6.7, Sound Pressure Levels, of the Anaheim Municipal Code. b) Limit the hours of operation of equipment that produces noise levels noticeably above general construction noise levels to the hours of 10:00 AM to 4:00 PM. c) All internal combustion engines on all of the construction equipment shall be properly outfitted with well maintained muffler systems Building 102. (MM 5-8) The property owner/developer shall be responsible for requiring project contractors to properly maintain and tune all construction equipment to minimize noise emissions. Building 103. (MM 5-9) The property owner/developer shall be responsible for requiring project contractors to locate all stationary noise sources (e.g., generators, compressors, staging areas) as far from occupied noise-sensitive receptors as is feasible. Building 104. (MM 5-10) Material delivery, soil haul trucks, and equipment servicing shall also be restricted to the hours set forth in the City of Anaheim Municipal Code, Section 6.70. Building 105. Prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the Fire Department. Fire 106. An all-weather access road as approved by the Fire Department shall be provided during construction. Fire - 41 - PC2012-*** PRIOR TO CONNECTION OF ELECTRICAL SERVICE NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 107. (COA 8) The legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed to the satisfaction of the Electrical Engineering Division of the Public Utilities Department. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. Electrical 108. (COA 9) The property shall be served with underground utilities per the electrical rates, rules, and regulations (most current fees apply), and the City of Anaheim Underground Policy. Electrical 109. The legal property owner shall submit payment to the City of Anaheim for service connection fees. Electrical PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 110. (COA 69 modified) The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by property owner/developer and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 12 and as conditioned herein. Planning 111. (COA 19 modified) The legal property owner shall execute and record with the Orange County Recorder unsubordinated Covenants, Conditions and Restrictions (CC&Rs) applicable to the subject property entire Project in both Anaheim and Orange in a form satisfactory to the Planning Director, Public Works Director and the City Attorney, setting forth the requirements of Mitigation Monitoring Program No. 126 Plan No. 305 and the conditions of approval in CUP2003-04763A and creating maintenance obligations to maintain the project facilities (Maintenance Areas and Facilities) including but not limited to, the items listed in Exhibit “A” attached to this resolution. Planning PW – Dev Svcs City Attorney 112. A formal request and submittal to the City via PW – Dev Svcs - 42 - PC2012-*** PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY Real Property Services to vacate the existing bike path and utility easements is required. The approval and recordation of the easement(s) vacation needs to be approved prior to final building and zoning inspections. 113. ADA compliant curb access ramps with truncated domes shall be constructed at the intersection of Orangewood Avenue on both sides of the private street in conformance with Public Works Standard Detail 111-3. PW – Dev Svcs 114. All required public improvement shall be completed and submitted to the City for acceptance and bond release per AMC 17.08.480. PW – Dev Svcs 115. (COA 33) The property owner/developer shall obtain a right- of-way construction permit at the Public Works Engineering counter for all work within the public right-of-way, including repair of existing improvements damaged prior to or during construction at the site, must be complete and accepted by the Field Engineer prior to the first final building and zoning inspection. PW - Field 116. (COA 53) No required parking area shall be fenced or otherwise enclosed for any other purpose including outdoor storage uses. PW - Traffic 117. (MM 2-5) In accordance with the timing required by the Traffic and Transportation Manager, but no later than prior to the first final Building and Zoning inspection, the property owner/developer shall implement the following measures to reduce long- term operational CO, NO X , ROG, and PM 10 emissions: a. Traffic lane improvements and signalization as outlined in the Revised Platinum Triangle Expansion Project Draft Traffic Study Report, Parsons Brinckerhoff, August 2010 and Master Plan of Arterial Highways (MPAH ) shall be implemented as required by the Traffic and Transportation Manager. b. The property owner/contractor shall place PW - Traffic - 43 - PC2012-*** PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY bus benches and/or shelters as required by the Traffic and Transportation Manager at locations along any site frontage routes as needed. 118. (MM 10-18) The property owner/developer shall submit project plans to the Streets and Sanitation Division of the Public Works Department for review and approval to ensure that the plans comply with AB939, and the Solid Waste Reduction Act of 1989, and the County of Orange and City of Anaheim Integrated Waste Management Plans as administered by the City of Anaheim. Implementation of said plan shall commence upon occupancy and shall remain in full effect as required by the Street and Sanitation Division and may include, at its discretion, the following plan components: • Detailing the locations and design of on-site recycling facilities. • Participating in the City of Anaheim’s “Recycle Anaheim” program or other substitute program as may be developed by the City or governing agency. • Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and bailing. • Providing trash compactors for nonrecyclable materials whenever feasible to reduce the total volume of solid waste and number of trips required for collection. • Providing on-site recycling receptacles accessible to the public to encourage recycling for all businesses, employees, and patrons where feasible. • Prohibiting curbside pick-up. • Ensuring hazardous materials disposal complies with federal, state, and city regulations. PW - Sanitation 119. (COA 12) A private water system with separate water service for fire protection and domestic water shall be provided. Fire Water - 44 - PC2012-*** PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 120. (COA 31 modified) Pedestrian and vehicular access control shall be required to prevent unwanted entry. A digital keypad entry system which conforms to MM 3.11.1-3 of Mitigation Monitoring Program No. 126 shall be included to facilitate quick response by emergency personnel. The system’s entry code shall be provided to the Anaheim Police Department Communications Bureau and the Anaheim Fire Department. Fire Police 121. (COA 65) All existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is not longer needed. The property owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Water GENERAL NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 122. If project construction ceases for a minimum of one year, screening shall be provided along Orangewood Avenue. Planning 123. (COA 17) The property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. Code Enforcement 124. (COA 18) Any tree planted on-site shall be replaced in a timely manner in the event it is removed, damaged, diseased and/or dead. Code Enforcement 125. (COA 36) Sanitary sewers and storm drains within the development shall be privately maintained. PW- Dev Svcs - 45 - PC2012-*** GENERAL NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 126. (MM 7-6) Ongoing during project operation, if the Anaheim Police Department of Anaheim Traffic Management Center (TMC) personnel are required to provide temporary traffic control services, the property owner/developer shall reimburse the City, on a fairshare basis, if applicable, for reasonable costs associated with such services. PW – Traffic Police 127. (MM 10-19) Ongoing during project operations, the following practices shall be implemented, as feasible, by the property owner/developer: • Usage of recycled paper products for stationery, letterhead, and packaging. • Recovery of materials, such as aluminum and cardboard. • Collection of office paper for recycling. • Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. PW - Sanitation - 46 - PC2012-*** Exhibit “A” Maintenance Areas and Facilities As a condition of approval of Conditional Use Permit No. 2003-04763A, the City requires the LEGAL PROPERTYOWNER (“OWNER”) to undertake and implement the maintenance of certain landscaping, private accessways and private utilities, and the performance of other obligations, as set forth in Mitigation Monitoring Plan No. 305 and the Conditions of Approval of said Conditional Use Permit. Prior to the first final building and zoning inspection for the first residential dwelling unit, OWNER shall execute and record with the Orange County Recorder a declaration of covenants, conditions and restrictions (“CC&Rs”) satisfactory to the Planning Director and the City Attorney creating maintenance obligations for the OWNER to establish a financial mechanism or financial mechanisms to maintain the following: a. Private streets, street lights and street signs (including the private accessway from Orangewood Avenue); b. Private sewer, water and storm drain lines, together with all appropriate appurtenances; c. Landscape and courtyard areas and all drainage facilities (including, but not limited to French drains, down drains, drainage swales, etc); d. Landscape maintenance easements; e. Parkway landscaping and irrigation; f. Covered on-site storage for bicycles in the parking structure; g. Operable washer and dryer in each dwelling unit; h. Recreational amenities as depicted on exhibits for Conditional Use Permit No. 2003- 04763A, on file with the Planning Services Division of the Planning and Building Department; i. Solid Waste Management Plan, the original signed copy which is on file in the Streets and Sanitation Division of the Public Works Department; and j. Compliance with the approved Water Quality Management Plan. The CC&Rs shall ensure that the maintenance of the project meets standards associated with luxury apartments, and provides mechanisms to enforce these standards. The property shall be permanently maintained in an attractive, safe and orderly fashion consistent with said standards, including regular landscape and other maintenance, prompt removal of trash or debris, parking and other controls and the removal of graffiti within twenty-four (24) hours from time of occurrence. The obligations described above shall collectively be referred to as the “Maintenance Obligations.” The OWNER shall be responsible for the maintenance of the Common Area and performance of the Maintenance Obligations, including any additional obligations which may be specified herein. Reconveyance of all or part of the Common Area or any property interest therein to a party other than the OWNER shall require (i) the prior written consent of the City, (ii) appurtenant easements over the Common Area for the benefit of each and every lot in the Property and (iii) that the reconveyance expressly affirms that the provisions of Civil Code Section 1367 relating to lien rights - 47 - PC2012-*** to enforce delinquent assessments and the CC&Rs shall remain applicable. The CC&Rs may provide any o f the Maintenance Obligations may be assumed by a duly formed Platinum Triangle Infrastructure and/or Maintenance Assessment District subject to CITY’s written approval. The covenants and restrictions set forth herein constitute a general scheme for the development, protection and maintenance of the Property for the benefit of all owners thereof. Such covenants and restrictions shall be a burden upon, and a benefit to, not only the OWNER but also its successors and assigns. All of such covenants and restrictions are intended to be and shall be declared in the CC&Rs to be covenants running with the land or equitable servitudes upon the land, as the case may be. The CC&Rs shall provide that termination of the CC&Rs or amendment of any provision which may negatively impact performance of the Maintenance obligations shall require prior written consent of the City. Termination of the Declaration is not a release of Declarant with regard to Declarant’s independent obligations in connection with development and approval of the Project or with regard to obligations and liabilities prior to such termination. ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 No.ITEM DATE CASE FILE NUMBERS: X X 1 CDR Application 06.29.12 2 CUP Submittal 08.14.12 GNIREENEIGN 16795 Von Karman, Suite 100 Irvine, California 92606 tel 949.474.1960 fax 949.474.5315 www.fuscoe.com Public Hearing Submittal 10.03.12 3 Public Hearing Submittal 10.03.12 No. ITEMDATECASE FILE NUMBERS:X X1CDR Application 06.29.122CUP Submittal08.14.12GNIREENEIGN16795 Von Karman, Suite 100Irvine, California 92606tel 949.474.1960 fax 949.474.5315www.fuscoe.comPublic Hearing Submittal 10.03.123Public Hearing Submittal 10.03.12 No. ITEMDATECASE FILE NUMBERS:X X1CDR Application 06.29.122CUP Submittal08.14.12GNIREENEIGN16795 Von Karman, Suite 100Irvine, California 92606tel 949.474.1960 fax 949.474.5315www.fuscoe.comPublic Hearing Submittal 10.03.123Public Hearing Submittal 10.03.12 ATTACHMENT NO. 7 Page 1 of 1 S:\2012-144 Irvine Company Anaheim\Entitlements\Ent- PDFs Submittal Set\12-1003_2nd_CUP SUBMITTAL\color & material bd\12- 1003_color & material palette.doc Gateway Apartments II Color and Material Palette The Irvine Company Prepared by Ann Matteson Consulting, Inc. Stucco One Stucco Two Stucco Three Raised Foam Entry doors Light Well Eagle Roofing Window insets Hallway Frazee Frazee Benjamin Frazee Frazee Frazee El Morado Blend Moore CLC 1258W CL 2723M AC-9 FZ 501 CL 3047N Cellophane Crude Nugget Shell White Mise Akamina Fabric Awning: Sunbrella Firesist Awnings – Color: Forest Green Metal Color: CL 3237N “Blacktop” Used on all metal items such as railings, fencing, etc. Exterior Lighting: Decorative Lighting should be Manufacturer’s Oil-Rubbed Bronze or equal Non-Decorative lighting should be painted to match the adjacent surface Notes: All man doors, meter doors, etc. should be painted to match the surrounding surface Rain Gutters and downspouts should be painted to match the surrounding surface Roof metal should be painted to match the darkest color from the roofing blend ATTACHMENT NO. 8 ATTACHMENT NO. 9 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. SP 94-1DA1SINGLE FAMILY RESIDENCE SP 94-1DA1SINGLE FAMILY RESIDENCE SP 94-1DA1INDUSTRIAL SP 94-1DA1INDUSTRIAL SP 94-1DA1RETAIL SP 94-1DA1BUSINESS PARK SP 94-1DA1INDUSTRIAL SP 94-1DA1AUTO REPAIR/SERVICE SP 94-1DA1INDUSTRIAL SP 94-1DA1INDUSTRIAL SP 94-1DA1INDUSTRIAL SP 94-1DA1OFFICESN RED GUM STE C O R O N A D O S T N L ANCE L NE R IC K E R W A Y E L A C R E S T A A V E N BARS TEN WAYE . L A P A L M A A V E E . M IR A L O M A A V E N. MI LLER STN. BLUE GUM STE . O R A N G E T H O R P E A V E N. SUNKIST STE. FRONTERA ST 1 2 0 0 North Red Gum Street D E V N o. 2012-00093 Subject Property APN: 344-322-03 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 N RED GUM STE C O R O N A D O S T N L ANCE L NE R IC K E R W A Y E L A C R E S T A A V E N BARS TEN WAYE . L A P A L M A A V E E . M IR A L O M A A V E N. MI LLER STN. BLUE GUM STE . O R A N G E T H O R P E A V E N. SUNKIST STE. FRONTERA ST 1 2 0 0 North Red Gum Street D E V N o. 2012-00093 Subject Property APN: 344-322-03 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2012-05630 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012-00093) (1200 NORTH RED GUM STREET) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter "Planning Commission") did receive a verified Petition to approve Conditional Use Permit No. 2012-05630 to permit a contractor’s outdoor storage yard for that certain real property located at 1200 North Red Gum Street in the City of Anaheim, County of Orange, State of California, generally depicted on the map attached hereto as Exhibit A, and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately .38-acres, is developed with a vacant residence and shed. The Property is located in the SP94-1, D.A. 1 (Northeast Area Specific Plan, Industrial Area) Zone. The Anaheim General Plan designates the Property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 19, 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 Chapter 18.60 (Procedures) of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to establish an contractor’s outdoor storage yard , does find and determine the following facts: 1. The proposed outdoor storage use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.120.050.050.0545 (Outdoor Storage). 2. The proposed outdoor storage use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as the outdoor storage area is similar to adjacent industrial uses and will be screened from view from the public right-of-way. 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 the outdoor storage use and activities will be screened from view from the public right-of-way and sufficient parking will be provided to accommodate employees and truck/equipment storage. 4. That the traffic generated by the business would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of cars and trucks entering and exiting the site are consistent with typical industrial businesses that would be permitted as a matter of right within the SP 94-1, D.A. 1 (Northeast Area Specific Plan; Industrial Area) zone. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012-05630 subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 19, 2012. 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. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, 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 November 19, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of November, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2012-05630 (DEV2012-00093) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 Prior to the commencement of the business, the site shall be screened with an 8-foot high chain link fence and PVC slats or similar fencing material to adequately obscure any outdoor storage area as viewed from the public right- of way. Planning 2 The proposed fencing adjacent to the public rights-of-way shall be protected from graffiti through the use of plant materials as required by the Zoning Code. Such landscaping shall be planted in the setback areas adjacent to the public rights-of-way. Planning 3 The applicant shall be responsible for maintaining the area in an orderly fashion through the provision of regular maintenance of the property and removal of trash or debris. Any graffiti painted or marked upon the premises shall be removed or painted over within 24-hours of being applied. Code Enforcement 4 Within 90 days of the date of this resolution, the outdoor storage area shall be properly graded and a layer of concrete or approved asphaltic material or similar substance shall be applied over the entire surface in accordance with Code requirements. Planning 5 The refuse bins shall be kept closed except during times when the bins are being loaded with trimmings. Code Enforcement 6 In order to secure the location of the recycling bins, bollards shall be placed around the recycling bins as approved by Public Works, Streets and Sanitation. Public Works, Streets and Sanitation 7 A template showing the trash truck circulation shall be provided for review and approval by Public Works, Streets and Sanitation Division staff. Public Works, Streets and Sanitation 8 Address numbers shall be positioned so as to be readily readable from the street. Code Enforcement 9 The outdoor contractor storage lot shall remain lit during night time hours. Code Enforcement 10 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 11 Gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standards and shall be subject to review and approval by the City Traffic and Transportation Manager. Public Works, Traffic Engineering 12 Prior to final building and zoning inspections, the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement, 38 foot in width from the centerline of Coronado Street and an easement at the corner cutback with Red Gum Street for road, public utilities and other public purposes. Public Works, Development Services 13 Prior to final building and zoning inspections, the property owner shall install sidewalk, curb and gutter, and driveway on Coronado Street per current Public Works Standard Details. Public Works, Development Services 14 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan), and as conditioned herein. Planning H:\REPORTS\Planning Commission\2012 PC Meetings\11-19-12 PC Meeting\Item No. 5 DEV2012-00093 (CUP 2012-05630) vrn\Attachments\Att. No. 3 - CUP Justification.doc Justification for Conditional Use Permit: A. Applicant intends to locate their tree service company on the 18,064 square foot parcel of vacant land located on the NE corner of Red Gum and Coronado. There are existing driveways on both Coronado and Red Gum and will not involve any access over adjacent properties. B. The existing former residence will demolished and the entire site will be paved. Parking will be adequate for five (5) trucks and eight (8) employees parking with one (1) additional dedicated handicap spot. The entire area will be fenced and no hazardous materials will be stored on site. C. The access for service trucks will be off of Red Gum driveway and employee parking will be off of Coronado. It is anticipated that service trucks will not be in excess 10 trips per day. D. The primary use of the property will be for contractor’s yard of a tree service company. There will be no storage or use of hazardous materials on site. There will be no use or conditions which will have any negative effect or harm the health and safety of the citizens of the City of Anaheim. ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. I (SC)INDUSTRIAL C-G (SC)HOME DEPOT I (SC)EDISON EASEMENT I (SC)INDUSTRIAL I (SC)INDUSTRIAL E LA PALMA AVE E CRYSTAL DRN AMB E R L Y L NE . L A P A L M A A V E E. SANTA AN A C A N Y O N R D S. W EIR CANYON RD 8 0 9 5 Ea st Cry stal Driv e D E V N o. 2012-00069 Subject Property APN: 352-211-10 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 E LA PALMA AVE E CRYSTAL DRN AMB E R L Y L NE . L A P A L M A A V E E. SANTA AN A C A N Y O N R D S. W EIR CANYON RD 8 0 9 5 Ea st Cry stal Driv e D E V N o. 2012-00069 Subject Property APN: 352-211-10 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008-05348 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012-00069) (8095 EAST CRYSTAL DRIVE) WHEREAS, on October 23, 2008, the Planning Commission of the City of Anaheim (the "Planning Commission"), by its Resolution No. PC2008-103, granted Conditional Use Permit No. 2008-05348, to permit a church with fewer parking spaces than required by the Anaheim Municipal Code (the "Code") for that certain real property located at 8095 E. Crystal Drive in the City of Anaheim, County of Orange, State of California, generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Planning Commission did receive a verified petition for an amendment to Conditional Use Permit No. 2008-05348 to expand church services and activities at the Property (the "proposed project"); and WHEREAS, the Property is developed with a church facility and is located in the I (SC) (Industrial, Scenic Corridor) Zone, and the Anaheim General Plan designates this Property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 19, 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 Chapter 18.60 of the Code, 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, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, said 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 proposed project, does find and determine the following facts: 1. The proposed amendment to Conditional Use Permit No. 2008-05348 to expand services and activities at an existing church at the Property is properly one for which a - 2 - PC2012-*** conditional use permit is authorized by Section 18.10.030.040.0402 (Community and Religious Assembly) of the Code. 2. The proposed amendment to Conditional Use Permit No. 2008-05348, 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. The church will continue to operate in a consistent manner which is not 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 because the facilities on the Property will adhere to all required land use standards. 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 church activity is limited during normal business hours and the majority of the church operations will be during offsetting hours from the businesses in the vicinity. 5. The granting of the amendment to Conditional Use Permit No. 2008-05348 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. NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the reasons hereinabove specified does hereby approve an amendment to Conditional Use Permit No. 2008-05348 to expand the services and activities of an existing church at the Property. BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amends the conditions of approval set forth in Resolution No. PC2008- 103 (the "Previous Conditions of Approval") and, except as specifically amended hereby, the Previous Conditions of Approval shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the conditions of approval attached to this Resolution as Exhibit B and the Previous Conditions of Approval, the conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. BE IT FURTHER RESOLVED, that amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the 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 and attached hereto. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal - 3 - PC2012-*** 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 19, 2012. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, 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 November 19, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of November, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-*** - 5 - PC2012-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008-05348 (DEV2012-00069) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO COMMENCEMENT OF BUSINESS ACTIVITIES 1 That all property used for off-site parking shall be under agreement approved as to form by the City Attorney. The agreements shall be recorded in the Office of the County Recorder, and a recorded copy filed with the Planning Department and, further, shall specify the number and location of the off-site parking spaces and assure that the spaces shall be accessible and available at all times for parking in conjunction with the use for which the parking spaces are required. These agreements shall be recorded and provided to the Planning Department within 90 days of final approval of this permit. Planning Department, Planning Services Division 2 A plan to include supervisory measures shall be provided and reviewed to the satisfaction of the Anaheim Police Department to deter unlawful conduct of patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the surrounding properties created by patrons entering or leaving the premises. This supervisory plan shall include an adequate number of security personnel as deemed necessary by the Police Department. Police Department 3 Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) Police Department 4 The number of persons attending any event shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit. (Section 25.114(a) Uniform Fire Code) Police Department 5 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) Police Department 6 Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons about the premises. Police Department 7 That all events shall conclude no later than 12:00 a.m. and security personnel shall be stationed in a manner to ensure that patrons leaving the facility do not disturb adjacent businesses. Planning Department, Planning Services - 6 - PC2012-*** 8 Adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said lighting shall be decorative and complementary to the architecture of the building. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. Police Department 9 There shall be no amplified music permitted outside of the building. Police 10 No outdoor activities involving gathering of persons shall be permitted on-site. Planning Department, Code Enforcement Division 11 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24-hours of being applied. Planning Department, Code Enforcement Division 12 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. Planning Department, Planning Services Division ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.