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Resolution-PC 2021-009 Planning Commission of the City of Anaheim (herein referred to as the Conditional Use Permit No. and 05147 to deviate from the surfacing requirements for the parking lot as at that certain real property located at of Orange, State of California, as attached hereto and incorporated herein by this reference (the supportive infrastructure and structures. The Property is located within the “Water” land use designation of the Anaheim General Plan in Development Area No. 6 1) and is subject to the zoning and development Municipal on March 4, 2020, Governor Newsom proclaimed a State of Emergency in 020, Governor Newsom issued 20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via etings accessible telephonically or otherwise electronically 20 the Planning Commission did hold a at 5:00 p.m. and notice of said public hearing having been duly given as required by law and in consider f 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 ulations; herein referred to as the "CEQA , the City is the "lead agency" for the -- and consists of the 06022 and Variance No. 2020 25 009 , 2021 and to investigate and make findings and recommendation in connection therewith; and - easonal recreational aqua park within the Miraloma Recharge Basin - related provisions of Executive Order N 1 to all members of the public seeing to observe and to address the local legislative body; and 2 preparation and consideration of environmental documents for the Proposed Project; and PC20 accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and March 15 ndards contained in Chapter 18.20 (Anaheim Canyon Specific Plan) of the Anaheim OF THE o blic hearing at the Civic Center in the City of Anaheim on AND ADOPTING AND WHEREAS, pursuant to and in accordance with the provisions FINDINGS IN CONNECTION THEREWITH acre in size A RESOLUTION OF THE PLANNING COMMISSION MAKING 06022 (i) MIRALOMA AVENUE) - approve 009 2019 19. On March 17, 2 - 2019 - AND - 13.38 1evidence for and against proposed Conditional Use Permit No. in the City of Anaheim, County 2 CONDITIONAL USE PERMIT NO. ANAHEIM APPROVING ) RESOLUTION NO. PC20 (“Proposed Project”) - 00040 "Planning Commission") did receive a verified petition to 29 approximately 05147 s - Guidelines"), and the City's Local CEQA Procedure - Quality Act (Title 14 of the California Code of Reg WHEREAS, pursuant to Executive Order N 20 (superseding the Brown Act - DEV2019 -- 20201 -- of the Anaheim Canyon Specific Plan (SP2015 - VARIANCE NO. California as a result of the threat of COVID AST is ( teleconferencing and to make public me , 3255 E decomposed granite (dg) is proposed WHEREAS, the Property Exhibit A ( CITY OF and CERTAIN WHEREAS, the Miraloma Recharge Basin, 3255 E. Miraloma Avenue permit a s - WHEREAS, 2020 on Code (the "Code"); and - 29 generally depicted - teleconferencing pu Variance No. Executive Order N "); and to 06022 "Property -05147 2019 ) sta (ii Anaheim City Council certified Final Environmental Impact Report (FEIR_No. 348), concurrent with the adoption of the Anaheim Canyon Specific Plan (ACSP) and create a Mitigation Monitoring Program No. 312 to mitigate those impacts. The project 1); WHEREAS, a draft Addendum to EIR No. 348 has been prepared to evaluate the m indicates there are two measures applicable to the proposed project, one of which is satisfied by the applicant paying the applicable fees required for the development and the second is satisfied by the ment. Through the implementation of the mitigation measures identified in the Addendum, the Proposed Project would not result in any on, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at does find and . The permitting of an outdoor water park facility requires the processing and 6 of the Anaheim Canyon and is subject to the requirements outlined in Chapter 18.120 of the AMC That the proposed use will not adversely affect the adjoining land uses, or the growth recreational temporary d portable restrooms located in the also includes the floating recreational amenities does contain permanent he site and are utilized 101 parking spaces water be the existing decomposed granite will not result in any changes which would 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 asin with supportive park shop, life jacket distribution unit, . The would not result in any health or safety impacts as the applicant would be required to monitor and maintain water quality of the basin and to ensure the project does not pollute, contaminate, or otherwise adversely impact water quality, and that the monitoring testing complies with Orange County Environmental Health requirements and for which a conditional use permit is authorizedrecreational amenities which would 009 The Addendu - nyon Specific Plan (SP 2015 - to the water front water proposed 1 reviously certified EIR No. 348; and 2 PC20 consists of Project proposes to establish a seasonal water , 06022 environmental impacts of the proposed project and to identify necessary mitigation. proposed in the southern portion of the site for customers and employees of the he In addition, the project scope includes - the site is already developed with the Miraloma Recharge B because t 19 Proposed Project the structures are located in the northwest portion of t Proposed Project which would be adjacent 20 ditional Use Permit No. o. ermit within Development Area N d development of the area in which it is proposed to be located o. 6 in the Anaheim Ca - which includes temporary landside structures consisting of a pro floatable shop, life jacket distribution unit, an would park will be located in the Miraloma Recharge Basin. The he Anaheim Adventure Aqua Park Air Quality Odor Assess recreational park. The material proposed for the spaces environmental impacts beyond those identified in the p Proposed Project T of which will be placed within the subject water basin. - also include the placement That the proposed use is properly one 2 Proposed Project - Proposed Project WHEREAS, the Planning Commissi Con ng areas in January 2016, the Proposed the request for Development Area N by the Orange County Water District. and restrooms, as well as shade seati The infrastructure and structures. The The . impact the neighboring land uses approval of a Conditional Use P(dg) and no paving is proposed. The west portion of the site. be placed within the basin. said hearing with respect to 1) - WHEREAS, : structures, such as a pro - determine the following would Specific Plan (SP 2015That the structures; however, within Code Proposed Project and safety in that Zoning designated 2. 1.3. by the water and; south and an is sonal outdoor water park facility located in the Miraloma Recharge Basin and would operate primarily from May to September with additional operating hours during the months of April and October. During the periods in which the water park the designated parking area is utilized by OCWD for grading and stockpiling activities to support the operation of the Miraloma Recharge Basin. The grading activities which area were to be paved and the area would need to be repaved prior to each operating season for the water park, which would be a significant time and cost effort. In addition, the site condition is rather unique as there the project site, as the water park would operate only four to five months per year and the operation of the Miraloma Recharge basin would occur through the remainder identified in the can adequately incorporate the improvements proposed to permit alth or safety of 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. A Trip Generation and cle Miles Traveled (VMT) assessment memo was prepared for the project to identify any potential traffic or circulation impacts generated by the project. The Trip ring the weekday AM peak hour, 29 trips during the weekday PM peak hour, 40 trips during the Saturday hour trips generated ss than 100 peak hour trips would be generated by the project. The VMT analysis prepared found that the vehicle miles traveled generated by the project would fall within the amount analyzed in the City’s traffic model as part osed roject would not result in any impacts beyond those identified in the previously certified ACSP osed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim in that site development standards proposed for the Proposed Project are consistent with the development 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 retain the parking lot material as decomposed granite (dg) whereas Chapter 18.42.060 of the AMC requires solid material such as able to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical That because of special circumstances shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning 009 would generate 9 trips du - rop 1 2 1). ental Impact Report (EIR). The PPC20 - nyon Specific Plan (SP 2015 would occur during the offseason would demolish the concrete paving if the parking of the year. The type of use is also unique as only two other water park facilities were That the granting of the conditional use permit under the conditions imp no impacts would occur which could impact the he - hour. The amount of peak Proposed Project to 05147 would not trigger a traffic improvement phasing analysis as le Anaheim Ca - Plan (ACSP) Environm 2020 That there are special circumstances applic - Generation and Queuing analysis identified that the 3 Variance No. a sea - - hour and 34 trips during the Sunday peak Development Area No. 6 of the Specifically the Proposed Project proposes . zoning classification in the vicinity does find as follows: would be two land uses operating on for classification in the vicinity. request of the Anaheim Canyon Specific Projectthe proposed seasonal use and Queuing analysis and a Vehi hearing pertaining to the The . EIR. (EIR No. 348). the surrounding area concrete or asphalt recommendations. is not operating, standards of . . 45 1.2. - peak P state and although both have permanent parking areas (i.e. paved areas), the facilities operate year round whereas the Anaheim Adventure Water Park would only operate during a small period of the project has a dual uses and operations, it does not seem feasible 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 cord, including testimony received at the public hearing, the staff presentations, the staff report This Planning Commission expressly declares that it considered er due consideration of all evidence presented NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this and Variance attached hereto and incorporated herein by this reference, which are hereby found to be a necessary it is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete 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 ition, (ii) the modification complies with the Code, and (iii) the applicant BE IT FURTHER RESOLVED that any amendment, modification or revocation of this t may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) 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 r any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, is 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 Exhibit B 009 has demonstrated significant progress toward establishment of the use or approved development. prerequisite to the proposed use of that portion of the Property for which Conditional Use Perm e request regarding any other applicable ordinance, regulation or requirement. - 1 2 PC20 subject to the conditions of approval set forth in then this Resolution, and any approvals herein contained, shall be deemed null and void. 06022 Initiated Revocation or Modification of Permits) of the Code. each and all of the conditions hereinabove set forth. Should any such condition, o - 2019 Planning Commission does hereby approve Conditional Use Permit No. BE IT FURTHER RESOLVED that approval of th conditions of approval may be granted in accordance with all evidence presented and reached these findings aft - 4 - 05147 - 06022 and Variance No 2020 , contingent upon and months). Since the project files. to require a paved parking area. WHEREAS, this and purpose of the cond and all materials in the - and 18.60.200 (City six year (i.e. four to or approval of th 05147 - - 2020 2019 permi to it. No. No. re 009 - 1 2 PC20 06022 - 2019 05147 CONDITIONAL USE PERMIT NO. ) - 040 VARIANCE NO. 2020 00 ” A - EXHIBIT “ 19 (DEV20- 6 - Water Water Water Water DivisionDivisionDivisionDivision RESPONSIBLE DEPARTMENT Public UtilitiesPublic UtilitiesPublic UtilitiesPublic Utilities 009 Department,Department,Department,epartment, EngineeringEngineeringEngineeringEngineering- 1 2 PC20 D 06022 protection and domestic water shall be provided and shown on plans the Anaheim Public 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 ny 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 plans and approved by All requests for new water services, backflow equipment, or fire abandonments of existing water services, backflow equipment, and fire lines, shall be demands for the project. This information will be used to determine the existing water system to provide the estimated site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 A private water system with separate water service for fire coordinated and permitted through Water Engineering Division of The Owner/Developer shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water - 2019 Water Engineering and Cross Connection Control Inspector. 05147 vault will have to be brought up to current standards. A CONDITIONAL USE PERMIT NO. PRIOR TO FINAL BUILDING AND ZONING INSPECTION of the Water Utility Rates, Rules, and Regulations. ) - 00040 2020 APPROVAL lines, as well as any modifications, relocations, or ” submitted to the Water Engineering Division of VARIANCE NO. B - EXHIBIT “ 19 information shall be specifically shown on the Anaheim Public Utilities Department. DEV20- 7 - CONDITIONS OF ( - water demands. Any off Utilities Department. the adequacy of NO. 1234 , Electrical Planning and Building , Planning Traffic Traffic Traffic Traffic DivisionDivisionDivisionDivisionDivision RESPONSIBLE Services Division DEPARTMENT Utilities Public WorksPublic WorksPublic WorksPublic Works 009 Department,Department,Department,Department, Engineering Engineering neering Engineering Engineering - Department Department 1 Public 2 PC20 Engi at the end of site queue near the project entrance to direct traffic to the next available parking spaces. This measure shall be implemented ates. If the way, the property owner/water park operator shall submit a revised parking plan to scheduled maintenance. Parking stall striping over the decomposed hydrants, service laterals, meters, meter boxes, backflow devices, 10 feet from structures, footings, walls, stormwater BMPs, 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 Ongoing during project operations, should the vehicle queue reach Ongoing during project operations, both project gates on Miraloma Ongoing during project operations, the parking lot striping shall be and maintained as a part of the Aqua Park staff’s daily granite parking surface shall be visible and conform to City Ongoing during project operations, vehicle deliveries including loading and unloading shall be performed on site. Deliveries shall The following minimum clearances shall be provided around all new and existing public water facilities (e.g. water mains, fire 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground mitigate the issue to the satisfaction of the City Traffic Engineer. needed, until the queue dissip Avenue shall remained opened during business hours. way. Miraloma Avenue, staff members shall be positioned APPROVAL - of - of - ic right - power poles, street lights, and trees. not take place on any part of the public right - 8 - vehicle queue encroaches into the publ CONDITIONS OF standards and the approved plans. as conditioned herein. for a short timeframe, as OPERATIONAL CONDITIONS GENERAL CONDITIONS facilities. inspected - the on etc.): and NO. 10 56789 Building Planning and Building , Planning , Planning RESPONSIBLE Services DivisionServices Division DEPARTMENT 009 Planning and - DepartmentDepartment 1 2 PC20 The Applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or The Applicant shall defend, indemnify, and hold harmless the City referred to individually and collectively as “Indemnitees”) from any claims, actions or proceedings brought against Indemnitees Indemnitees concerning this permit or any of the proceedings, acts to determine the reasonableness, legality or validity of any condition include, but not be limited to, damages, fees and/or costs awarded and its officials, officers, employees and agents (collectively to attack, review, set aside, void, or annul the decision of the attached thereto. The Applicant’s indemnification is intended to , claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in or determinations taken, done, or made prior to the decision, or may result in the revocation of the approval of this application. against or incurred by Indemnitees and costs of suit APPROVAL - 9 - CONDITIONS OF connection with such proceeding. the issuance of the final invoice and all NO. 1112