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Resolution-PC 2005-33~ ~ RESOLUTION NO. PC2005-33 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION 7HAT PETITION FOR VARIANCE N0. 2005-04642 BE GRANTED - (201 WEST KATELLAAUENUE) _ WHEREAS, the'Anaheim Planning Commission did receive a verified Petition for Uariance for certain real property situated in the City of Anaheim, County of Orange; State of California described'asc L:OT 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, OF LOT LINE ADJUSTMENT NO. 457, RECORDED `APRIL 21, 2000 AS INSTRUMENT NO. 2000205813, OFFICIAL REGORDS OF ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING THOSE PORTIONS OF LOTS 1 AND 2 OF LOT LINE ADJUSTMENT PLAT 207, RECORDED AUGUST T, 1991 AS INSTRUMEN7 N0. 91-421108, OF OFFICIAL RECORDS OF ORANGE COUNTY; CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: , COMMENCING AT ?HE INTERSECTION OF KATELLA AVENUE `AN,D ZEYN STREET THENCE NORTH 00° 12' 53" WEST 552.00 FEET ALONG THE CENTERLINE OF ZEYN STREET, BE1NG 60 FEET WIDE; THENCE 1EAVING SA{D CENTERLINE SOUTH 89° 54' 30" WEST 30.00 FEET T0 A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID ZEYN STREET; THENCE ALONG WESTERLY RIGHT-OF-WAY SOUTH 00° 12' 53" EAST 123.00 FEET,"TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY SOUTH 00° 12' 53" EAST 353.98 FEET TO THE BEGINNING OF THE TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° OT 23" A DISTANCE OF 23.59 FEET TO A POINT IN THE NORTHERLY RIGHT-OF-WAY OF KATELLA AVENUE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF KATELLA AVENUE SOUTH 89° 54' 30" WEST 253.97 FEET; THENCE NORTH 00° 12' 53" WEST 246.00 FEET; THENCE 89° 54' 30" EAST 15.00 FEET; THENCE NORTH 00 12' 53" WEST 123.00 FEE7, THENCE NORTH 89° 54' 30" EAST 254.00 FEET TO THE POINT OF BEGINNING. , WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in,the City of Anaheim on March 7, 2005, at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports ,pffered at said hearing, does find and determine the following facts: 1. That the applicant proposes to construct a 14-story, 275-unit timeshare resort with waiver of the following: SECTION NO. 18.118.120.170 - Maximum number of curb openinas per street frontaae (2 permitted; 3 proposed). 2. That the above-mentioned waiver is hereby granted on the basis that there are special circumstances applicable to the property in that this Code, requirement for the Hotel Circle Specific Plan was based on the original circulation system designed for this parcel which envisioned two separate hotels on this property with primary access from both Zeyn Street and Katella Avenue. All primary access by guests and CR\PC2005-033 -1- PC2005-33 ~ ~ employees is provided from Zeyn Street, with only service access on Katella Avenue. In addition, although there are three curb openings on Zeyn Street,,fwo of the openings function as one since it is a one way curved driveway for the main entrance of the fimeshare resort: - 3. That the requested ~ariance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in`which the property is located: : 4. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to'subject petition. CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDING That the Anaheim Planning Commission has reviewed the pCoposal to waive maximum number of curb openings per street frontage to construct a 14-story, 275-unit timeshare resort and does here6y find#hat the Mitigated Negative Declaration previously approved in connection with the Hotel Circle Specific Plan Na SP93-1 is adequafe to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgmenf of the lead agency and that it has considered the previously approved ' Mitigated Negative Declaration for the Hotel Circle Specific Plan No. 93-1 together with any comments received during the public review process that the proposed projecYs environmental effects are within the parameters, assumption and time frames analyzed in the previously-approved Mitigated Negative ; Declaration, including Mitigation Monitoring Program No. 0079, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW; THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the property owner/developer shall be responsible for compliance with all the mitigation measures set forth in Mitigation Monitoring Plan No. 004 specifically created for this project, and for complying with the monitoring and reporting requirements established by the City in compliance with Section ': 21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of those mitigation measures identified in Mitigation Monitoring Plan No. 004, which is made a part of these conditions of approval by reference. 2. That the property owner/developer shall comply with Condition Nos. 1, 4, 5, 10, 11, 12, 13, 14, 16, 17, 18; 19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 30, 31, 35, 36, 43, 44, 50,' 51, 60, 61, 62 and 63, as set forth in Ordinance No. 5443 adopted by the City Council on August 16, 1994, in connection with adoption of the Hotel Circle Specific Plan No. 93-1; and that said conditions are incorporated herein by reference as if set forth in their entirety. 3. That on-going during operation of the timeshare resort, the property owner(s)/developer shall comply with the provisions of Section 2.12.020 of the Anaheim Municipal Code pertaining to the operator's collection of transient occupancy taxes. 4. That all windows along Katella Avenue shall have a minimum Sound Transmission Class (STC) rating of 32. All windows along Zeyn Street and the west side of the timeshare building shall have a minimum Sound Transmission Class rating of STC 28. Said information shall be specifically shown on plans . submitted for building permits. 5. That the roll-up door on the west elevation at the service area shall be kept closed when not needed for maneuvering of service vehicles. 6. That a noise study shall be provided indicating that theproposed emergency generator provided within ' the service area will not exceed the'City's Sound Pressure limits during testing operations, or that -2- PC2005-33 ~, i ~ • mitigation measures are identified and incorporated into the project to mitigate the generator and exhaust noise: 7. That a noise study and design plans proposing mitigation measures shall be provided indicating that the proposed garage exhaust fans will not exceed the City's Sound Pressure limits. 8. That the keystone elements of the elevations shall include up lighting of the building. Said information shall be specifically shown on plans submitfed for building permits. 9. That the sign copy on the proposed monument sign shall be centered on the sign face. Said information shall be specifically shown on plan submitted for buildingpermits. `- 10. That the property owner(s)/developer shall be responsible for the irrigation of the landscaping in the public right-of-way on the north side of Katella Avenue, east of Zeyn Street within the Anaheim Resort during the course of construction and/or during such time that the existing irrigation system is disrupted due to this development. _ 11. That the irrigation plan shall be revised as required by the City of Anaheim Resort Maintenance District Supervisor to provide'quick coupleryalves and the combination of irrigation stations. Said information shall be specifically shown on plans submitted for building permits. : 12. That the landscape plan shall be revised to indicate Washingtonia robusta (Mexican Fan Palms) along Zeyn Street in both the public right-of-way and setback area. Root barriers shall be installed along the sidewalks and curbs in accordance with City standards. ln addition, landscaping shall be provided along the south and east elevations of the parking structure to achieve additional screening of the parking structure from katella Avenue and Zeyn Street. This landscaping shall be provided in either planters on the structure, or other acceptable method as approved by the Planning Department. Said information shall be specifically shown on plans submitted for building permits.' 13. That the palm trees in the public right-of-way shall be up-lit in accordance with the City's specifications for the Anaheim Resort. Said information shall be specifically shown on plans submitted for building permits. 14. That the sidewalk along the westem portion of the project on KateUa Avenue, in a location to be determined by the City of Anaheim Public Works Department, shall be reinforced to support occasional truck use by the City of Anaheim Public Utilities Department. Said information shall be specifically _ shown on plans submitted for building permits. 15. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that: ^ Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas: ^ Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan (DAMP). i ^ Incorporates Treatment Control BMPs as defined in the DAMP. ^ Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. ^ Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs. ^ Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 16. That prior to issuance of certificate of occupancy, the applicant shalL• ^ Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans'and specifications. '-3- ; PC2005-33 ,; ;~ . ~ ^ Demonstrate that the applicant 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 onsite. ^ Subrnit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 17, That the developer shall submit street improvement plans to the Public Works Department, Subdivision Section and a bond shall be posted to guarantee thatKatella Avenue and Zeyn"Street are improved per the Anaheim Resort SpecificPlan. The bond shall be posted prior to issuance of a building permit and the improvements construcfed prior to final building and zoning inspections. 18. ' The City of Anaheim Drainage Impact Mitigation Fee for the South Central Area shall be paid prior to issuance of a building permit'. Credif'will be applied for the current development. The project architect or engineer musf document the existing impervious area and the proposed impervious area. If the : impervious area rem'ains the same or decreases, no fee is due. If the impervious area increases, the fee will be proportional to the increase. 19. That the City of Anaheim Sewer Impact Mitigation Fee for the South Central Area shall be paid prior to issuance of a building permit. 20. That prior to issuance of a building permit; the applicant shall obfain an EncroachmentLicense from the City' Engineer for any private improvements within the public right-of-way, including but not limited to hand railing and stairs. 21. That any required relocation of City electrical facilities shall be at property owner/developer expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required outside the easement area of the equipment. Said information shall be specifically shown on plans submifted for . building permits. 22. That 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. 23. That a plan for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department for review and approvaL 24. That an on-site trash truck turnaround shall be provided per Engineering Standard Detail No. 610. Said information shall be specifically shown on plans submitted to the Public Works Department for review and approvaL 25. That 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. Said information shall be specifically shown on the plans submitted for building permits. 26. That 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. 27. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 402, 436, 470, 471, 472, 473, 474, 475 and 476 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 28. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. _4- PC2005-33 . • ' 29. That a plan shall be submitted showing the loading space for trucks in conformance with Code Section No. 18.06.060. Said information shall be specifically shown on the plans submitted for building permits. 30. That all vehicular ramps and'grades shall conform'to Engineering Standard Plan No. 402, and be approved by the City Traffic and Transportation Manager. Said information shall be specifically shown on the plans submitted for building permits. 31. That the project shall provide a bus bay on-site acceptable to the City Traffic and Transportation Manager for hotel shuttle buses to transport guests to and from tourist attractions and local airports. ` Said information shall be specifically shown on theplans submitted for building permits. 32. That the project shall,provide passenger loading and unloading on-site acceptable to the City Traffic ' and Transportation Manager. Said information shall be specifically shown on the plans submitted for building permits. , 33. That the developer shall comply with Ordinance Na 5209 and Resolution No. 91 R-89 relating to the Transportation Demand Management (TDM) by providing on-site taxi and shuttle bus loading zones, and by joining and financially participating in the ATM and Clean Fuel Shuttle Program by installing bicycle racks. Said:information'shall be specifically shown on the plans'submitted for building permits. 34. That plans shall be submitted'to the City Traffic and Transportation Manager for review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for signs and wall/fence locations. Said information shall 6especifically shown on'plans submitted for building and sign permits. 35. That the property owner(s) shall be responsible for paying the full cost associated with the use of any Police Department and/or Traffic Management Center staff who may be needed for traffic control purposes. 36. That closed circuit television (CCN) security cameras shall be installed to monitor the parking structure and lobby entrances to the satisfaction of the 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. 37. That address numbers shall be positioned so as to be readily readable from the street: Numbers shaff be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 38. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from view of the street or adjacent properties. Said _ information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 39. That 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 a safe, secure environment for all persons, property, and vehicles on-site. Said information shall be specifically shown on plans submitted for building permits. 40. That all backflow equipment shall be located above ground outside of the street setback area in a manner fullyscreened from all public streets and alleys. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the 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 submitted for approval by the Water Engineering Division of the Public Utilities Department : 41. That all requests for new water services or fire lines, as well as any modification, relocation, or abandonmenf 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. '5_ PC2005-33 < ; , ~ • 42. That because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be'installed in compliance with CityOrdinance Na 5349 and'Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 43. That since this project is located in the Anaheim Resort Area, installation of large meters and fireline assemblies shall comply with screening requirements of Ordinance Na 5156 and Chapter .18.916 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building perm its. 44. That all existing water services shall conform to current Water Utility Standards on file in the Water EngineeringDivision of the Public Utilities Department. Any existing water services that are not approved by the Utilityfor continued use shall be upgraded to current standards, or abandoned by the property owner/developer. 45. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 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 Utilitiesbepartment. Backflow devices and large meters shall be located above ground and properly screened. Such'information shall be specifically shown on plans submitted for building permits. 46. That 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'swater demands and fire protection requirements. 47. That prior to application for water meters, fire lines or submitting fhe water improvement plans for approval, the property owner/developer shall submit to the Water Engineering Diyision of the Public ' Utilities Department, an estimate of the 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 No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 48. That 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 service to the project. 49. That the existing 12-inch water main at the northern property line shall be extended and connected to the new water main and fire line. Such information shall be specifically shown on plans submitted for building permits. 50. That the driving surface of the parking structure shall be treated to minimize vehicle tire noise. Such information shall be specifically shown on plans submitted for building permits. 51. That 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 38, and as conditioned herein. 52. That the utility access route on the west side of the property shall be widened to 15-feet in a manner satisfactory to the Public Utilities and Public Works Departments. Said information shall be specifically shown on plans submitted for building permits. 53. That prior to the issuance of grading permits, Condition No.15 above-mentioned, shall be complied with. 54. That prior to issuance of the building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4, 6, 7, 8, 9; 11, 12, 13, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39,' 40, 42, 43, 45, 46, 47, 48, 49, 50 and 52, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. -6- PC2005-33 ~ ~ 55. That prior to final building and zoning inspections;'ConditionNos. 16, 17 and 51, above-mentioned, shall be complied with. 56. 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 1T FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Shoufd any such condition, or any-partthereof, be declared ` invalid or unenforceable by thefinal]udgment of any court of competentjurisdiction, thenthis Resolution, :: and any approvals herein contained, shall be deemed null and void. ' BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionarycase application within 7 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 March 7, 2005. Said resolution is subject to the appeal provisions set fort ' apter 18.60, "Procedures".of ' the Anaheim Municipal Code pertaining to appeal procedures and m e'r lac ity Council Resolution in the event of an'appeaL ~. AIRMAN, AHEIM PLANNING COMMISSION ATTEST: ~ ~~'~--~ ~/ ~~~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission : held on March 7,2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this ~p~ day of Gr~-r/~, , 2005. ~ ENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2005-33 "