Resolution-PC 2018-026RESOLUTION NO. PC2018-026
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2017-05927 AND VARIANCE NO. 2018-05106
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00035)
(1601 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2017-05927 and
Variance No. 2018-05106 to permit a 12 -story, 326 room hotel with a higher floor area ratio and
greater building height than allowed by the Code, and fewer trees along the Interstate 5 (I-5)
frontage than required by the Code (the "Proposed Project"), for that certain real property located
at 1601 South Anaheim Boulevard in the City of Anaheim, County of Orange, State of California,
as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this
reference (the "Property"); and
WHEREAS, the Property is approximately 3.18 acres in size and is currently vacant. The
Land Use Element of the Anaheim General Plan designates the Property for General Commercial
land uses. The Property is located in the "C -G" General Commercial Zone and the South Anaheim
Boulevard Corridor (SABC) Overlay Zone. Generally, the development standards and regulations
of Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone) of the Anaheim
Municipal Code (the "Code") supersede the regulations of the underlying zone, i.e., that of the "C-
G" General Commercial Zone. However, the provisions of Chapter 18.24 (South Anaheim
Boulevard Corridor (SABC) Overlay Zone) do not apply to parcels that have been, or are proposed
to be, developed entirely under the "C -G" General Commercial Zone, which is the case with the
Proposed Project; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure
Manual, the City is the "lead agency" for the preparation and consideration of environmental
documents for the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to
evaluate the physical environmental impacts of the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 352") has been prepared for
the Proposed Project and includes mitigation measures that are specific to the Proposed Project;
and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 30, 2018 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 and testimony for and against the Proposed Project and to investigate
and make findings and recommendations in connection therewith; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and
the City's Local CEQA Procedure Manual, this Planning Commission found and determined that
the Proposed Project will have a less than significant impact upon the environment with the
implementation of the conditions of approval and the mitigation measures attached to that
concurrent Resolution and contained in MMP No. 352, and approved and adopted the Mitigated
Negative Declaration and MMP No. 352; 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 Conditional Use Permit No. 2017-05927, does find and
determine the following facts:
1. The proposed request to permit a hotel with a higher floor area ratio and greater
building height than allowed by the Code are allowable within the "C -G" General Commercial
Zone under Sections 18.08.030 (Uses), 18.08.045 (Floor Area Ratio), and 18.08.050 (Structural
Heights) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit
and the zoning and development standards of the "C -G" General Commercial Zone.
2. The proposed hotel use, under the conditions imposed, would be compatible with the
commercial and light industrial uses in the surrounding area. The proposed floor area ratio and
structural height would not have a negative impact to the surrounding uses, based on the Traffic
Impact Analysis, Sewer Study, Noise Study and Shade Shadow prepared for the project.
3. The size and shape of the site for the proposed hotel use are, under the conditions
imposed, adequate to allow the full development of the proposed uses in a manner not detrimental
to the particular area or to the health and safety because the Project would provide the parking
required by the Code, allows for adequate on-site circulation, and complies with all required
structural setbacks depths.
4. The traffic generated by the proposed hotel use, under the conditions imposed, will not
impose an undue burden upon the streets and highways designed and improved to carry the traffic
in the area, based on the Traffic Impact Analysis prepared for the Project.
5. The granting of Conditional Use Permit No. 2017-05910, 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.
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6. The proposed structural height would not create significant impacts onto surrounding
properties related to glare, shadow, noise and privacy, based on the findings of the studies prepared
for the Project. Any shadows cast over adjacent buildings would last for a period of less than two
hours and the surrounding uses are not considered sensitive uses in which shadows would impact
the use or enjoyment of the property. The noise study demonstrated that the Project would not
cause noise levels to significantly increase. When comparing noise with and without the project,
the scenario with the hotel project resulted in a maximum three -tenths of a decibel increase over
current traffic noise on Anaheim Boulevard; 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 construction of a hotel with a higher floor area
ratio and greater building height than allowed by the Code, and a variance for fewer trees along
the Interstate 5 (1-5) frontage than required by the Code, has determined that a Variance should be
approved for the following reasons:
SECTION NO. 18.46.030.010 Minimum Number of Trees in Street Setback
Areas.
(34 trees required; 26 trees proposed)
1. That there are special circumstances applicable to the Property, including size, shape,
location and surroundings, which do not apply to other property under the identical zoning
classification in the vicinity of the proposed Project. The property is encumbered by an easement
for underground electrical facilities along the south and west property lines, terminating
approximately midway along the west property line. Due to the easement and underground
facilities, trees cannot be planted within the south portion of the setback area.
2. That, because of these special circumstances, strict application of the Zoning Code
deprives the property of privileges enjoyed by other properties under the identical zoning
classification in the vicinity infeasibility of relocating the electrical facilities; and
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. This Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2017-05910 and Variance No. 2017-05095, subject to the
conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this
reference. 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, (ii)
the modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
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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 Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 30, 2018. 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.
CHAIRPERSON PRO -TEMPORE, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on April 30, 2018, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, GILLESPIE,
LIEBERMAN
NOES: COMMISSIONERS: WHITE
ABSENT: COMMISSIONERS: DALATI, KEYS
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of April, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2017-00035
APN: 082-220-09
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Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2017-05927
VARIANCE NO. 2018-05106
(DEV2017-00035)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO ISSUANCE OF EA CH GRADING PERMIT
1
Prior to the issuance of a grading and/or building permit for activities
Planning and Building
during the avian nesting season (February 1 through August 1), the
Department,
Property Owner/Developer shall submit a survey for active nests to the
Planning Services
City of Anaheim Planning and Building Department conducted by a
Division
qualified biologist a maximum of 30 days prior to the activities to
determine the presence/absence, location, and status of any active nests
on or adjacent to the Project Site. If no active nests are discovered or
identified, no further mitigation is required. In the event that active nests
are discovered on-site, a suitable buffer determined by the biologist (e.g.,
30 to 50 feet for passerines) shall be established around any active nest.
No ground -disturbing activities shall occur within this buffer until the
biologist has confirmed that breeding/nesting is completed and the young
have fledged the nest. Limits of construction to avoid a nest shall be
established in the field by the biologist with flagging and stakes or
construction fencing. Construction personnel shall be instructed regarding
the ecological sensitivity of the fenced area. The results of the survey shall
be documented and filed with the City of Anaheim within 5 days after the
survey. (MM BIO -1)
2
The Property Owner/Developer shall include notes on the grading and
Planning and Building
construction plans that include the following measures and the
Department,
construction contractor shall adhere to all of the following:
Planning Services
• Equip all equipment driven by internal combustion engines with
Division
mufflers in good condition and appropriate for the equipment.
• Prohibit the unnecessary idling of internal combustion engines
(i.e., idling in excess of 5 minutes).
• Utilize "quiet" models of air compressors and other stationary
noise sources where technology exists.
• Locate all stationary noise -generating equipment as far as
practicable from sensitive receptors and place equipment so that
emitted noise is directed away from adjacent residences at all
times during project grading and construction. Locate
construction staging areas to create the greatest feasible distance
between the staging area and noise -sensitive receptors nearest the
Project Site.
• Restrict all on-site construction activities, including deliveries and
engine warm-up, to the hours of 7:00 a.m. to 7:00 p.m. daily. (MM
NOI-1)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
3
The Property Owner/Developer shall provide the Planning and Building
Planning and Building
Department, Planning Services Division with an executed contract with
Department,
Tribal Representatives from the Gabrieleno Band of Mission Indians-
Planning Services
Kizh Nation for the services of a qualified Native American Monitor(s)
Division
to provide oversight during construction -related ground disturbance
activities. Ground disturbance is defined by the Tribal Representatives
from the Gabrieleno Band of Mission Indians-Kizh Nation as activities
that include but are not limited to pavement removal, pot -holing or
auguring, grubbing, weed abatement, boring, grading, excavation,
drilling, and trenching, within the Project Site. The monitor(s) must be
approved by the Tribal Representatives and shall be present on-site
during the construction phases that involve any ground -disturbing
activities. The Native American Monitor(s) shall complete monitoring
logs on a daily basis. The logs shall provide descriptions of the daily
activities, including construction activities, locations, soil, and any
cultural materials identified. The monitor(s) shall possess Hazardous
Waste Operations and Emergency Response (HAZWOPER)
certification. In addition, the monitor(s) shall be required to provide
insurance certificates, including liability insurance, for any
archaeological resource(s) encountered during grading and excavation
activities pertinent to the provisions outlined in the California
Environmental Quality Act, California Public Resources Code Division
13, Section 21083.2 (a) through (k). The on-site monitoring shall end
when the grading and excavation activities on the Project Site are
completed, or when the Tribal Representatives and monitor have
indicated that the Project Site has a low potential for Tribal Cultural
Resources. (MM TCR -1)
4
The legal property owner shall irrevocably offer to dedicate to the City
Public Works,
of Anaheim an additional 7 -ft. easement from the existing right-of-way
Development Services
al on Anaheim Blvd for road, public utilities and other public purposes.
Division
5
The legal property owner shall abandon the remnant parcel described as
Public Works,
portion of segment 7 of highway right of way in the City of Anaheim
Development Services
per Grant Deed No. 2011000129726 and Quit Claim No.
Division
2016000018417.
6
The property owner/developer shall submit a letter identifying the
Public Works,
certified archaeologist that has been hired to ensure that the following
Development Services
actions are implemented:
Division
a. The archaeologist must be present at the pre -grading conference
in order to establish procedures for temporarily halting or
redirecting work to permit the sampling, identification, and
evaluation of artifacts if potentially significant artifacts are
uncovered. If artifacts are uncovered and determined to be
significant, the archaeological observer shall determine
appropriate actions in cooperation with the property
owner/developer for exploration and/or salvage.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
b. Specimens that are collected prior to or during the grading
process will be donated to an appropriate educational or research
institution.
c. Any archaeological work at the site shall be conducted under the
direction of the certified archaeologist. If any artifacts are
discovered during grading operations when the archaeological
monitor is not present, grading shall be diverted around the area
until the monitor can survey the area. A final report detailing the
findings and disposition of the specimens shall be submitted to
the City Engineer. Upon completion of the grading, the
archaeologist shall notify the City as to when the final report will
be submitted. (Resort MM 5.4-1)
7
The property owner/developer shall submit a letter identifying the
Public Works,
certified paleontologist that has been hired to ensure that the following
Development Services
actions are implemented:
Division
a. The paleontologist must be present at the pre -grading conference
in order to establish procedures to temporarily halt or redirect
work to permit the sampling, identification, and evaluation of
fossils if potentially significant paleontological resources are
uncovered. If artifacts are uncovered and found to be significant,
the paleontological observer shall determine appropriate actions
in cooperation with the property owner/developer for exploration
and/or salvage.
b. Specimens that are collected prior to or during the grading process
will be donated to an appropriate educational or research
institution.
Any paleontological work at the site shall be conducted under the
direction of the certified paleontologist. If any fossils are discovered
during grading operations when the paleontological monitor is not
present, grading shall be diverted around the area until the monitor can
survey the area. (Resort MM 5.4-2)
8
The Property Owner/Developer shall submit a Soil Management Plan
Public Works,
to the Public Works Department, Development Services Division, for
Development Services
review and approval. The Soil Management Plan shall address the
Division
handling, removal, and transport of potentially impacted soil during
development activities, which shall provide, at a minimum, training for
workers to identify stained or odiferous souls. The following
procedures shall be included in the plan:
• The Property Owner/Developer shall halt work and evaluate any
suspected petroleum -contaminated media prior to continuation
of grading and development activities.
• If any on-site soils are found to contain constituents of concern
in excess of applicable regulatory limits for
commercial/industrial development, a properly licensed
abatement professional shall remove these soils according to
applicable regulations.
• The Property Owner/Developer shall provide to the City a copy
of any confin-natory sampling results indicating that no further
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
action is required prior to commencing grading activities. (MM
HAZ-1)
9
Prepare and submit a final grading plan showing building footprints, pad
Public Works,
elevations, finished grades, drainage routes, retaining walls, erosion
Development Services
control, slope easements and other pertinent information in accordance
Division
with Anaheim Municipal Code and the California Building Code, latest
edition.
10
Prepare and submit a final drainage/hydrology study, including
Public Works,
supporting hydraulic and hydrological data to the City of Anaheim for
Development Services
review and approval. The study shall confirm or recommend changes
Division
to the City's adopted Master Drainage Plan by identifying off-site and
on-site storm water runoff impacts resulting from build -out of permitted
General Plan land uses. In addition, the study shall identify the project's
contribution and shall provide locations and sizes of catchments and
system connection points and all downstream drainage -mitigating
measures including but not limited to offsite storm drains and interim
detention facilities.
11
The OWNER shall obtain the required coverage under California's
Public Works,
General Permit for Stormwater Discharges associated with Construction
Development Services
Activity by providing a copy of the Notice of Intent (NOI) submitted to
Division
the State Water Resources Control Board and a copy of the subsequent
notification of the issuance of a Waste Discharge Identification (WDID)
number.
12
The owner shall prepare a Stormwater Pollution Prevention Plan
Public Works,
(SWPPP). The SWPPP shall be kept at the project site and be available
Development Services
for Public Works Development Services Division review upon request.
Division
13
Submit a Water Quality Management Plan (WQMP) to the City for
Public Works,
review and approval. The WQMP shall be consistent with the
Development Services
requirements of Section 7 and Exhibit TH of the Orange County
Division
Drainage Area Management Plan (DAMP) for New Development/
Significant Redevelopment projects. identify potential sources of
pollutants during the long-term on-going maintenance and use of the
proposed project that could affect the quality of the stormwater runoff
from the project site; define Source Control, Site Design, and Treatment
Control (if applicable) best management practices (BMPs) to control or
eliminate the discharge of pollutants into the surface water runoff; and
provide a monitoring program to address the long-term implementation
of and compliance with the defined BMPs. Submit three (3) copies and
a plan checking deposit to the Public Works/Development Services for
consideration and approval.
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RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
14
Submit a Geotechnical Report to the Public Works Development
Public Works,
Services Division for review and approval. The report shall include any
Development Services
proposed infiltration features of the WQMP.
Division
15
Civil Engineer shall survey and certify the design pad elevation and
Public Works,
submit a line and grade certification.
Development Services
Division
16
A Certification shall be provided by, and bear the original stamp and
Public Works,
signature of the Geotechnical Engineer of Record shown on the project
Development Services
plans approved by the City of Anaheim, Public Works Department. The
Division
certification shall state that construction/installation of the soil
improvement has been analyzed and found to be conformance to the
approved plans and specifications. All technical data and test logs shall
be part of the document submitted to the City for review and approval.
17
All required plans and studies shall be prepared by a Registered
Public Works,
Professional Engineer in State of California.
Development Services
Division
18
Street improvement plans shall be submitted to Caltrans and must be
Public Works
approved prior to submitting to the City for review.
Department, Traffic
Engineering
19
The developer/owner shall submit a set of improvement plans for Public
Public Utilities,
Utilities Water Engineering review and approval in determining the
Water Engineering
conditions necessary for providing water service to the project.
20
The developer/owner shall pothole all existing utilities along Anaheim
Public Utilities,
Blvd during the design phase to verify that adequate vertical clearances
Water Engineering
can be provided for water facilities crossing Anaheim Blvd. At a
minimum, potholing shall include the 12 kV duct banks, 57 -inch storm
drain, 60 -inch storm drain, and telephone conduits.
PRIOR TO THE ISSUANCE OF EACH BUILDING PERMIT
21
Plans submitted for buildings permits shall demonstrate that the rooftop
Planning and Building
amenities would only be accessible to guests of the hotel. Plans shall
Department, Planning
show key card access to the roof deck.
Services Division
22
Landscape plans shall indicate non -deciduous clinging vines, planted on
Planning and Building
three-foot centers, on the freeway -facing side of the soundwall.
Department, Planning
Services Division
23
All Landscape plans shall comply with the City of Anaheim adopted
Planning and Building
Landscape Water Efficiency Guidelines. This ordinance is in
Department, Planning
compliance with the State of California Model Water Efficient
Services Division
Landscape Ordinance (AV 1881).
24
The developer shall submit street improvement plans and a cost estimate
Public Works,
for review and approval. The developer shall obtain a right of way
Development Services
construction permit, and post a security (Performance and Labor &
Division
Materials Bonds) in an amount approved by the City Engineer and in a
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
form approved by the City Attorney for the construction of all required
public improvements within the City street right of way of Anaheim
Boulevard. Improvements shall conform to the applicable City
Standards and as approved by the City Engineer.
25
The developer shall construct all improvements along the project's
Public Works,
frontage on Anaheim Blvd. The improvements shall include but not
Development Services
limited to Anaheim Blvd street widening, curb and gutter, pavement,
Division
driveway, ADA ramps, parkway drains, install street lights, water
meters removals, sewer improvements, etc. As determined and approved
by the City Engineer. The developer's engineer shall submit to the City
for review and approval an engineering cost estimate for the cost of the
required improvements.
26
The applicant shall submit to the Public Works Development Services
Public Works,
Division for review and approval a Lot Line Adjustment document.
Development Services
The document shall be approved by the City Surveyor and recorded,
Division
along with conforming deed, in the office of the Orange County
Recorder.
27
A valet and access plan shall be submitted to the Traffic and
Public Works
Transportation Manager for review and approval.
Department, Traffic
Engineering
28
Vehicle gates shall not be installed in a manner which may adversely
Public Works
affect vehicular traffic on the adjacent public streets, and that installation
Department, Traffic
of any gates shall conform to the current version of Engineering
Engineering
Standard Detail 475. The location of any proposed gates shall be subject
to the review and approval of the City Engineer.
29
Applicant shall submit for final approval a Solid Waste Management
Public Works,
Plan (SWMP).
Sanitation Operations
30
A private water system with separate water service for fire protection
Public Utilities,
and domestic water shall be provided and shown on plans submitted to
Water Engineering
the Water Engineering Division of the Anaheim Public Utilities
Department.
31
All backflow equipment shall be located above ground outside of the
Public Utilities,
street setback area in a manner fully screened from all public streets and
Water Engineering
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.
32
All requests for new water services, backflow equipment, or fire lines,
Public Utilities,
as well as any modifications, relocations, or abandonments of existing
Water Engineering
water services, backflow equipment, and fire lines, shall be coordinated
and permitted through Water Engineering Division of the Anaheim
Public Utilities Department.
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RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
33
All existing water services and fire services shall conform to current
Public Utilities,
Water Services Standards Specifications. Any water service and/or fire
Water Engineering
line that does not meet current standards shall be upgraded if continued
use is necessary or abandoned if the existing service is no longer needed.
The owner/developer shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
34
The Owner shall irrevocably offer to dedicate to the City of Anaheim (i)
Public Utilities,
an easement for all large domestic above -ground water meters and fire
Water Engineering
hydrants, including a five (5) -foot wide easement around the fire hydrant
and/or water meter pad. (ii) a twenty (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 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.
35
The developer/owner shall submit to the Public Utilities Department
Public Utilities,
Water Engineering Division an estimate of the maximum fire flow rate
Water Engineering
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 No. 15A.1 of the Water Utility Rates, Rules, and
Regulations.
36
Unless otherwise approved by Water Engineering, the following
Public Utilities,
minimum clearances shall be provided around all existing and proposed
Water Engineering
water facilities (including service laterals, hydrants, meters, backflow
devices, etc.):
• 10 feet minimum separation from structures, footings, walls,
stormwater BMPs, electrical transformers, power poles, street
lights, and trees.
• 5 feet minimum separation from driveways, BCR/ECR of curb
returns, and all other utilities (e.g. storm drain pipes and
manholes, gas, electric duct banks and vaults, sewer laterals and
manholes, etc.).
37
No public water main or public water facilities shall be installed in
Public Utilities,
private alleys or paseo areas.
Water Engineering
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
38
No public water mains or laterals allowed under driveways, parking
Public Utilities,
stalls, or parking lots.
Water Engineering
39
Key card access is required between the parking structure and the hotel's
Police Department
ground floor recreation area and amenities to require non -guests to pass
through the hotel lobby.
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
40
The property owner/developer shall submit to the Planning and Building
Planning and Building
Department a letter from a licensed landscape architect certifying that
Department,
all landscaping and irrigation systems have been installed in accordance
Planning Services
with landscaping lans approved in connection with building pen -nits.
Division
41
All required on-site Water Quality Management Plan, sewer, storm
Public Works,
drain, and public right of way improvements shall be completed,
Development Services
operational, and are subject to review and approval by the Public Works
Division
inspector.
42
All public improvements shall be constructed by the developer,
Public Works,
inspected and approved by Construction Services prior to the final
Development Services
building and zoning inspection.
Division
43
All remaining fees/deposits required by Public Works department must
Public Works,
be paid in full.
Development Services
Division
44
All required on-site Water Quality Management Plan, sewer, storm
Public Works,
drain, and public right of way improvements shall be completed,
Development Services
operational, and are subject to review and approval by the Public Works
Division
inspector.
ON-GOING DURING PROJECT OPERA TIONS
45
The roof level amenities, including the restaurant and bar, shall be for
Planning and Building
the exclusive use of guests staying at the hotel. Access would be
Department, Planning
controlled by requiring that key cards be scanned within the elevators,
Services Division
such that patrons would need to scan their guestroom key card to access
any level above the first floor.
46
Any tree planted within the setbacks shall be replaced in a timely manner
Planning and Building
in the event that it is removed, damaged, diseased and/or dead.
Department, Planning
Services Division
47
Any Graffiti painted or marked upon the premises or on any adjacent
Planning and Building
area under the control of the licensee shall be removed or painted over
Department, Code
within 24 hours of being applied.
Enforcement Division
- 14 - PC2018-026
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
GENERAL
48
The subject Property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department,
applicant and which plans are on file with the Planning Department, and
Planning Services
as conditioned herein.
Division
49
Conditions of approval related to each of the timing milestones above
Planning and Building
shall be prominently displayed on plans submitted for permits. For
Department,
example, conditions of approval that are required to be complied with
Planning Services
prior to the issuance of building permits shall be provided on plans
Division
submitted for building plan check. This requirement applies to grading
permits, final maps, street improvement plans, water and electrical
plans, landscape irrigation plans, security plans, parks and trail plans,
and fire and life safety plans, etc.
50
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
Division
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
51
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all claims,
Planning Services
actions or proceedings brought against Indemnitees to attack, review,
Division
set aside, void, or annul the decision of the Indemnitees concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality
or validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to, damages,
fees and/or costs awarded against or incurred by Indemnitees and costs
of suit, claim or litigation, including without limitation attorneys' fees
and other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
- 15 - PC2018-026