Resolution-PC 2008-30•
RESOLUTION NO. PC2008-30
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
GRANTING CONDITIONAL USE PERMIT NO. 2007-05242
WITH WAIVER OF CODE REQUIREMENT
(2232 SOUTH HARBOR BOULEVARD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a
Conditional Use Permit with a waiver of code requirement for certain real property situated in The
Anaheim Resort area of the City of Anaheim, County of Orange, State of California, as more
particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, Conditional Use Permit No. 2007-05242 is proposed in connection with
General Plan Amendment No. 2007-00462, Specific Plan Amendment No. 2007-00049,
Reclassification No. 2007-00210, Final Site Plan No. 2007-00010, Tentative Tract Map No. 17219
and Tentative Parcel Map No. 2007-163 to construct a mixed use project consisting of a 102-room
hotel on the western 1.5-acre portion of the project site adjacent to Harbor Boulevard, and a 191-
unit, condominium complex, including nine live/work units, on the eastern 3.3-acre portion of the
project site (herein collectively referred to as the "proposed project actions"); and
WHEREAS, Conditional Use Permit No. 2007-05242 is proposed to permit a mixed
use project with 191 condominium units, including nine live/work units, for the eastem 3.3-acre
portion of the site, and a 102-room hotel with 14,714 square feet of accessory commercial uses for
the western 1.5-acre portion of the site adjacent to Harbor Boulevard with waiver of minimum lot
frontage adjacent to a public street; and
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the
Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 7, 2008, at
2:30 p.m., notice of said public hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and
consider evidence for and against said proposed project actions, including Conditional Use Permit
No. 2007-05242, and to investigate and make findings and recommendations in connection
therewith; and that said public hearing was continued from the January 7, January 23, and February
4, 2008, hearings; 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 offered at said
hearing, does find and determine the following facts:
1. That the request to develop a mixed use project consisting of a 102-room hotel with
accessory commercial uses on the western 1.5-acre portion of the project site, and a 191-unit
condominium complex, including 9 live/work units, on the eastern 3.3-acre portion of the project
site is properly one for which a conditional use permit is authorized by Anaheim Municipal Code
Section Nos. 18.116.070.070 and 18.32.030.120 for this property. The proposed project also
includes waiver of the following:
_ 1 _ PC2008-30
• •
SECTION NO. 18.40.020.040 Minimum lot frontage adjacent to a public
street (Lot frontage adjacent to Harbor
Boulevard required; no frontage for Parcel 2
proposed).
2. That the requested waiver for minimum lot frontage is hereby approved since there
are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the
vicinity on the basis that the property has more depth than other properties along the east side of
Harbor Boulevard. Moreover, strict application of the Zoning Code deprives the property of
privileges enjoyed by other property under identical zoning classification in the vicinity since other
lot frontage waivers have been granted for other commercially-zoned properties in the City. Lastly,
the eastern 3.3-acre portion of the subject property will gain access to Harbor Boulevard through a
reciprocal access easement.
3. 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 because the proposed project is
compatible with existing and surrounding land uses, and will further provide a project that is
compatible and consistent with the proposed General Plan Mixed-Use land use designation and The
Anaheim Resort Specific Plan (ARSP).
4. 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 the particular area or to health and
safety of the citizens of the City of Anaheim.
5. That, with implementation of the mitigation measures set forth in Mitigation
Monitoring Program No. 154, the approval of the proposed mixed use project will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
6. That 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.
7. That no one indicated their presence at said public hearing in opposition; that one
email message was submitted with concerns about building height and lighting; and that no letters
were received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim Planning Commission has reviewed the proposal and does hereby approve the Mitigated
Negative Declaration and the associated Mitigation Monitoring Program No. 154 upon finding that
the declaration reflects the independent judgment of the lead agency and that it has considered the
Mitigated Negative Declaration together with any comments received during the public review
process 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 approve Conditional Use Permit No. 2007-05242, upon the conditions attached hereto
as Exhibit "B" and incorporated herein by this reference, and which are hereby found to be a
-2- PC2008-30
•
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:
BE IT RESOLVED that the Anaheim 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 herein 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.
AND BE IT FURTHER RESOLVED that the property owner/developer 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, prior to the issuance of building permits or
commencement of activity for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 20, 2008. 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
maybe replaced by a City Council Resolution in the ent of an ap eal.
~__~.
CHAIRMAN„E)c'NAHEIM PLP~NNING COMMISSION
ATTEST:
SENIOFR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 February 20, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of
March, 2008. r-
SENIQ~SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2008-30
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL 1:
PARCEL 2 OF PARCEL MAP NO. 79-279, AS SHOWN BY MAP ON FILE IN BOOK 143
PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA.
PARCEL 2:
ANON-EXCLUSIVE EASEMENT FOR PARKING PURPOSES ON PARCEL 1 AS SHOWN
ON LOT LINE ADJUSTMENT PLAT NO. 75 RECORDED IN BOOK 13913, PAGES 1132 AND
1133 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID LAND IS ALSO
KNOWN AS A PORTION OF PARCEL 1 AS SHOWN ON PARCEL 1 OF PARCEL MAP 80-
238, AS FILED IN BOOK 145, PAGES 37 AND 38 OF PARCEL MAPS IN THE COUNTY OF
ORANGE, AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN RECIPROCAL
PARKING AGREEMENT DATED APRIL 16, 1981 AND RECORDED MAY 1, 1981 1N BOOK
14042, PAGES 1527 OF OFFICIAL RECORDS, TOGETHER WITH THE PERPETUAL, NON-
EXCLUSIVERIGHT OF ACCESS OVER AND ACROSS SAID PARCEL 1 FOR THE
PURPOSE OF CIRCULATION OF TRASH TRUCKS AND VEHICLES.
PARCEL 3:
NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS, AS SET FORTH IN THAT
CERTAIN DOCUMENT ENTITLED `INGRESS AND EGRESS EASEMENT DEED
RECORDED DECEMBER 1, 2000 AS INSTRUMENT NO. 20000653858 OF OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID STRIP
BEING DESCRIBED AS THE NORTHERLY 30 FEET OF THE EASTERLY 36 FEET OF THE
WESTERLY 54 FEET. THE TERMS AND CONDITIONS OF SAID EASEMENT ARE
OUTLINED IN THAT CERTAIN AGREEMENT RECORDED NOVEMBER 22, 2000 AS
INSTRUMENT NO. 00-637963 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
-4- PC2008-30
EXHIBIT "B"
•
CONDITIONAL USE PERMIT NO. 2007-05242
Conditions of Approval
COA/ Responsible for
MMP Conditions of Approval Monitoring
TIMING: P OR TO ISSUANCE OF BlI1LDINGPERMITS
COA 1 That proof of Final Tract Map No. 17219 and Final Parcel Map No. 2007-16 Public Works,
recordation in the Office of the Orange County Recorder shall be submitted to the Development
Public Works Department. Services
COA 2 That the property owner/developer shall comply with Ordinance No. 5209 and Public Works,
Resolution No. 91 R-89 relating to the Transportation Demand Management Traffic
(TDM) by providing on-site taxi and shuttle bus loading zones, and by joining Engineering
and financially participating in the ATN and Clean Fuel Shuttle Program and by
installing bicycle racks. The project shall provide on site loading zone acceptable
to the City Traffic and Transportation Manager for hotel shuttle buses to transport
guests to and from tourist attractions and local airports, and show the circulation
for both northbound and southbound ATN buses.
COA 3 That plans shall show conformance with the current version of Engineering Public Works,
Standard Detail 474 pertaining to passenger drop-off areas at hotels to the Traffic
satisfaction of the City Engineer. Engineering
COA 4 That plans shall be submitted to the Planning Department for review and approval Planning
showing conformance with the current version of Engineering Standard Details
402, 436, 470, and 471 pertaining to parking standards and Engineering Standard
Detai1473 pertaining to driveway locations and driveway spacing. Subject
property shall thereupon be developed and maintained in conformance with said
plans.
COA 5 That plans shall show conformance with the current version of Engineering Public Works,
Standard Detail 115 pertaining to sight distance visibility for signs, landscaping, Traffic
and fence/wall locations and pertaining to commercial driveway design to the Engineering
satisfaction of the City Engineer.
COA 6 That the property owner/developer shall submit street improvement and landscape Public Works,
and irrigation plans including landscape and irrigation for the public improvements Development
along the entire property frontage along Harbor Boulevard to the Public Works Services
Department/Development Services Division in conformance with the "Harbor
Blvd. Master Plan & Implementation Plan from Orangewood Avenue to Chapman
Avenue (dated April 2006)". Private Streets, Section B-B, shall be constructed per
City Standard 162 or as otherwise shown on the approved site plan. A bond shall be
posted in an amount approved by the City Engineer and a form approved by the City
Attorney rior to issuance of a building ermit. A Right of Way Construction Permit
_5_ PC2008-30
COA/ Responsible for
MMP Conditions of Approval Monitoring
shall be obtained from Public Works/Development Services for all work performed
in the right-of--way. The improvements shall be constructed prior to final building
and zoning inspections.
Depending upon the timing of the subject project and the City's Capital
Improvement Program schedule, the City Engineer shall determine whether the
property owner/developer shall construct the improvement or submit a cash
payment in an amount determined by the City Engineer to be sufficient to pay for
the required street widening along Harbor Boulevard. The maximum cash payment
shall not exceed 100% of the traffic impact (to be determined by City Engineer).
The cash payment shall be paid to the Public Works Department/Development
Services prior to issuance of a building permit.
COA 7 That prior to issuance of the first building permit for the parking structure, plans Planning/Public
shall demonstrate that at-grade ducts and overhead pipes shall not encroach in the Works
parking space area or required vehicle clearance area.
COA 8 That plans shall specifically indicate that all vehicular ramps and grades conform Planning/Public
to all applicable City of Anaheim, Department of Public Works, Standard Plans Works
and Details to the satisfaction of the Planning Services Division and the City
Traffic and Transportation Manager.
COA 9 That plans shall be submitted to show any proposed gates and shall demonstrate Public Works
that gates shall not be installed across any driveway in a manner which may
adversely affect vehicular traffic on the adjacent public street. Installation of any
gates shall conform to all applicable City of Anaheim, Department of Public
Works, Standard Plans and Details. The location of any proposed gates shall be
subject to the review and approval of the City Traffic and Transportation
Manager.
COA 10 That plans shall show that emergency exits, not intended as a primary entrance, Police
shall have no exterior handles, knobs, or levers.
COA 11 That prior to issuance of the first building permit for the parking structure, plans Planning/Public
shall show directional signage, including floor designation and section, on each Works
level of the parking structure to expedite movement within the facility. Said
signage shall be a minimum of 12 inches in height and of a contrasting color to
the background. It shall be displayed not less than 60 inches from the parking
surface and be highly visible from within any portion of the facility.
-6- PC2008-30
COA/ Responsible for
MMP Conditions of Approval Monitoring
COA 12 That prior to issuance of the building permit for the parking structures, plans shall Planning
show that a minimum lighting level of one (1) foot-candle measured at the
parking surface shall be maintained for the parking structures with a maximum to
minimum ratio no greater than 10:1. Plans submitted for building permits shall
include a note that said lighting shall be installed prior to the first final building
and zoning inspection for the parking structure.
COA 13 That plans shall indicate that adequate lighting shall be provided throughout the Planning
project, including circulation areas, aisles, passageways, recesses, and grounds
contiguous to buildings 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. Plans submitted for building permits
shall include a note that said lighting shall be installed prior to the first final
building and zoning inspection for the parking structure.
COA 14 That plans shall indicate that the building address shall be clearly marked with its Planning
appropriate building number and address. These numbers shall be positioned so
they are easily viewed from vehicular and pedestrian pathways throughout the
complex. The building number shall be a minimum of 12-inches in height. Main
building numbers and address numbers shall be illuminated during hours of
darkness. Plans submitted for building permits shall include a note that said
numbers shall be installed prior to the first final building and zoning inspection
for each building.
COA 15 That prior to issuance of building permits, plans shall show that four (4) foot high Planning/Police
address numbers shall be displayed on the roof of the building in a contrasting
color to the roof material. Said numbers shall not be visible from view of the
street or adjacent properties. Said information shall be subject to the review and
approval of the Police Department and the Planning Department, Planning
Services Division. Plans submitted for building permits shall include a note that
said numbers shall be provided prior to the first final building and zoning
inspection for each building.
COA 16 That prior to issuance of the first building permit including the parking structure, Police
property owner/developer shall submit plans for review and approval by the
Police Department indicating closed circuit television (CCTV) security cameras
shall be installed to monitor the parking structure and lobby entrances to the
satisfaction of the Anaheim Police Department. Said information shall be
specifically shown on plans submitted for building permits. Security cameras and
emergency stations shall be installed and operational to the satisfaction of the
Anaheim Police Department prior to the final building and zoning inspection.
_~_ PC2008-30
•
COA/ Responsible for
MMP Conditions of Approval Monitoring
COA 17 That property owner/developer shall submit plans to the Police Department for Police
review and approval for the purpose of incorporating safety measures in the
project design including the concept of crime prevention through environmental
design (e.g. building design, circulation, site planning, and lighting of parking
structures and parking areas).
COA 18 That property owner/developer shall finalize the abandonment of any existing Public Utilities
public utilities easements to the satisfaction of the Department of Public Works, Electrical
Development Services Division and the Public Utilities Department, Electrical
Engineering Division.
COA 19 That the property is to be served with underground utilities per the Electrical Public Utilities
Rates, Rules, and Regulations. Electrical
COA 20 That any required relocation of City electrical facilities shall be at property Public Utilities
owner/developer's expense per the Electrical Rates, Rules, and Regulations. Electrical
COA 21 That plans shall show the location and required landscape and/or hardscape Public Utilities
screening of all pad-mounted equipment. Electrical
COA 22 That plans shall demonstrate that all above-ground utility devices shall be located Public Utilities
on private property and outside any required setback areas unless otherwise Electrical
permitted by Code.
COA 23 That plans shall show how emergency vehicular access will be provided and Fire
maintained in accordance with Fire Department Specifications and Requirements.
COA 24 That prior to issuance of the first building permit, or prior to delivery of Fire
combustible materials for construction of buildings, whichever occurs first,
property owner/developer shall complete all necessary water facilities to provide
the fire flows required by the Fire Department. Said information shall be
specifically shown on plans submitted for building permits.
COA 25 That prior to issuance of the first building permit and prior to commencement of Fire
structural framing, fire hydrants shall be installed and charged as required by the
Fire Department and shall meet minimum Fire Department Specifications and
Requirements for spacing, distance to structure and available fire flow. Said
information shall be specifically shown on plans submitted for building permits.
_g_ PC2008-30
•
COA/ Responsible for
MMP Conditions of Approval Monitoring
COA 26 That all existing water services and fire lines shall conform to current Water Public Utilities
Services Standards Specifications. Any water service and/or fire line that does Water
not meet current standards shall be upgraded if continued use is necessary or
abandoned if the existing service is no longer needed. Property owner/developer
shall be responsible for the costs to upgrade or abandon any water service or fire
line.
COA 27 That property owner/developer shall irrevocably offer to dedicate to the City of Public Utilities
Anaheim an easement on owner's Property for all large domestic water meters, Water
including a five (5) foot wide easement around the water meter pad, a twenty (20)
foot wide easement for all water service laterals, and an easement for other public
water facilities to the satisfaction of the Water Engineering Division of the Public
Utilities Department. The requirements and easement notes of the Public Utilities
Department, Water Engineering Division shall be included in all easement
dedications/deeds for water facilities.
COA 28 That because this project has a landscaping area exceeding 2,500 square feet, Public Utilities
plans shall specifically show that a separate irrigation meter shall be installed in Water
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. Plans submitted for building permits shall include a note
that property owner/developer shall install the required meter and backflow
device prior to the first final building and zoning inspection.
COA 29 That prior to submitting an application for water meters, fire lines or water Public Utilities
improvement plans for approval, whichever occurs first, owner shall submit to the Water
Public Utilities Department, Water Engineering Division, an estimate of the
maximum fire flow rate and maximum day and peak hour water demands for the
entire 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.
COA 30 That all requests for new water services or fire lines, as well as any modifications, Public Utilities
relocations, or abandonment of existing water services and fire lines, shall be Water
processed through and approved by the Public Utilities Department, Water
Engineering Division.
_9_ PC2008-30
COA/ Responsible for
MMP Conditions of Approval Monitoring
COA 31 That prior to issuance of a building permit or approval of a grading plan, Public Utilities
whichever occurs first, plans shall demonstrate that all existing water services and Water
fire lines shall conform to current Water Utility Standards to the satisfaction of
the Public Utilities Department, Water Engineering Division. Any existing water
services and/or fire lines that are not approved by the Utility for continued use
shall be upgraded to current standards, or abandoned, if no longer needed, by the
property owner/developer prior to issuance of a building permit or approval of the
grading plan, whichever occurs first.
COA 32 That plans shall be submitted for approval by the Public Utilities Department, Public Utilities
Water Engineering Division and the Cross Connection Control Inspector Water
demonstrating that 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 in locations approved by the Water Engineering Division of the Public
Utilities Department and the Planning Department. Any backflow assemblies
currently installed in a vault shall be brought up to current standards. Any other
large water meter system equipment shall be installed to the satisfaction of the
Public Utilities Department, Water Engineering Division above ground and
outside of the street setback area on private property in an easement, in a manner
fully screened through landscaping from all public streets and alleys.
COA 33 That plans submitted for building permits shall indicate trash storage areas in a Public Works,
location acceptable to the Public Works Department, Streets and Sanitation Streets and
Division, as depicted in the approved Final Site Plan. Sanitation
COA 34 That property owner/developer shall submit a final written solid waste Public Works,
management plan signed by the owner to the Streets and Sanitation Division of Streets and
the Public Works Department for review and approval. The property owner shall Sanitation
then operate in accordance with the approved written solid waste management
plan, as it maybe modified by owner from time to time subject to written
approval by the Director of Public Works. Said solid waste management plan
shall be incorporated into the recorded CC&Rs for the Property required pursuant
to conditions contained herein.
COA 35 That plans shall indicate that all driveways shall be constructed with ten (10) foot Public Works,
radius curb returns as required by the City Engineer in conformance with Development
applicable City of Anaheim, Department of Public Works, Standard Plans and Services
Details.
COA 36 That plans shall show that all proposed water vaults, telecommunication utilities, Planning
and all other above-ground utilities shall be located behind the setback and fully
screened as required by Code or integrated within the proposed buildings.
-10- PC2008-30
COA/ Responsible for
MMP Conditions of Approval Monitoring
COA 37 That prior to the issuance of building permits for the parking structure, plans shall Planning
show that all necessary columns are provided and that the striping layout meets
all Code requirements.
COA 38 That the parking areas shall be constructed so that there will be sufficient parking Planning
spaces available within the Property to serve the Project, as depicted and
substantially in conformance with the Final Site Plan. Prior to commencement of
construction of the first building within the Project, owner shall restrict the use of
the Parking Areas to tenants, visitors, patrons, invitees and other users of the
Permitted Development and shall record a covenant against the Property in a form
approved by the City Attorney stating that the use of the Parking Areas shall be
limited in that manner.
COA 39 That plans submitted for building permits shall contain a note that there shall be Police/Building
no public telephones on the property that are located outside the building.
COA 40 That plans submitted for building permits shall indicate that all doors serving PoliceBuilding
subject restaurant shall conform to the requirements of the Uniform Fire Code
and shall be kept closed at all times during the operation of the premises except
for ingress/egress, permit deliveries and incases of emergency.
COA 41 That plans submitted for building permits shall show lighting to be directed, Police/Building
positioned and shielded in such a manner so as not to unreasonably illuminate the
windows of nearby residences.
COA 42 That plans submitted for building permits shall show that the parking structure Police/Building
serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons
on or about the parking lot.
COA 43 That the property owner/developer shall submit a letter to the Planning Planning
Department, Planning Services Division requesting the termination of Variance
No. 3687.
COA 44 That an automatic fire sprinkler system shall be designed, installed and Fire
maintained as required by the Fire Department. Said information shall be
specifically shown on plans submitted for building permits. Provisions for
continued maintenance of the fire sprinkler system shall be included in the
recorded CC&Rs for the project pursuant to the conditions contained herein.
-11- PC2008-30
• •
COA/ Responsible for
MMP Conditions of Approval Monitoring
COA 45 That a fire alarm system shall be designed, installed and maintained as required Fire
by the Fire Department. Said information shall be specifically shown on plans
submitted for building permits. Provisions for continued maintenance of the fire
alarm system shall be included in the recorded CC&Rs for the project required
pursuant to the conditions contained herein.
COA 46 That parkway landscaping and sidewalk, within the City's right-of--way, shall be Public Works,
constructed with the parkway irrigation connected to the City's irrigation system, Development
and to be maintained by the Anaheim Resort District, upon completion. A bond Services
shall be posted in an amount approved by the City Engineer and a form approved
by the City Attorney prior to issuance of a building permit. A Right of Way
Construction Permit shall be obtained from the Development Services Division
for all work performed in the right-of--way. The improvements shall be
constructed prior to final building and zoning inspections.
COA 47 That plans submitted for building permits shall include a note that prior to final Public Works,
building and zoning inspection, fire lanes shall be posted with "No Parking Any Traffic
Time." Said information shall be specifically shown on plans submitted for Engineering
building permits.
COA 48 That plans submitted for building permits shall include a note that on-going Code
during project operation, no required parking areas shall be fenced or otherwise Enforcement
enclosed for outdoor storage uses.
COA 49 That plans submitted for building permits shall include a note that ongoing during Planning
construction, emergency contact information including contact name and phone
number shall be posted on the project site. Said information shall be indicated on
plans submitted for building permits.
TIMING: POOR TO FINAL BZIILDIIYG AND ZONING INSPECTIONS
COA 50 That property owner/developer shall provide the City of Anaheim with a public Public Utilities
utilities easement (per final electrical design), along/across high voltage lines, low
voltage lines crossing private property, and around all pad-mounted transformers,
switches, capacitors, etc. on owner's Property. Said easement shall be submitted
to the City of Anaheim prior to connection of electrical service.
-12- PC2008-30
• •
COA/ Responsible for
MMP Conditions of Approval Monitoring
COA 51 That property owner/developer shall, to the satisfaction of the Public Works,
Department of Public Works, Development Services Division: Development
• Demonstrate that all structural BMPs described in the Project Services
WQMP have been constructed and installed in conformance with
approved plans and specifications; and
• Demonstrate that the OWNER is prepared to implement all non-
structural BMPs described in the Project WQMP; and
• Demonstrate that an adequate number of copies of the approved
Project WQMP are available on-site; and
• Submit for review and approval by the City an Operation and Maintenance
Plan for all structural BMPs.
COA 52 That it is the responsibility of the owner to remove and relocate any traffic signal Public Works,
poles and equipment at the intersection of Hotel Way and Harbor Boulevard as Traffic
determined necessary by the City Engineer at the property owner/developer's Engineering
expense.
TIMING: PRIOR TO ISSUANCE OF G~DING PERMITS
COA 53 That owner shall submit a Water Quality Management Plan to the Public Works,
Public Works Department, Development Services Division for review Development
and approval that: Services
• 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);
• 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, and
describes the mechanism for funding the long-term operation and
maintenance of the Treatment Control Bumps; and
• Ensures implementation of the Water Quality Management Plan during on-
going grading operations.
GENERA L
COA 54 That prior to issuance of any sign permit, owner shall submit a coordinated sign Planning
program to the Planning Department for review and approval by the Planning
Commission as a Reports and Recommendations item.
_1_ PC2008-30
•
COA/ Responsible for
MMP Conditions of Approval Monitoring
COA 55 That during construction, an all-weather access road as approved by the Fire Fire
Department shall be provided.
COA 56 That any and all security officers provided shall comply with all State and Local Police/Code
ordinances regulating their services, including, without limitation, Chapter 11.5 Enforcement
of Division 3 of the California Business and Profession Code. (Section 4.16.070
Anaheim Municipal Code).
COA 57 That property owner/developer shall be responsible for compliance with all Planning
mitigation measures within the assigned time frames and any direct costs
associated with Mitigation Monitoring Program No. 154 as established by the
City of Anaheim and as required by Section 21081.6 of the Public Resources
Code to ensure implementation of those identified mitigation measures.
COA 58 The activities occurring in conjunction with the operation of this establishment Police/Code
shall not cause noise disturbance to surrounding properties. Enforcement
COA 59 That at all times when the premise is open for business, valet parking service Code
shall be provided. Enforcement
COA 60 That at all times when the premise is open for business, the premise shall be Police/Code
maintained as a bona fide restaurant and shall provide a menu containing an Enforcement
assortment of foods normally offered in such restaurant.
COA 61 That on-going during project operation, the property shall be permanently Code
maintained in an orderly fashion through the provision of regular landscaping Enforcement
maintenance, removal of trash or debris, and removal of graffiti within twenty-
four (24) hours from the time of discovery.
COA 62 That timing for compliance with conditions of approval may be amended by the Planning
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.
COA 63 That subject property shall be developed substantially in accordance with plans Planning
and specifications submitted to the City of Anaheim by project applicant and
which plans are on file with the Planning Department marked Exhibit Nos. 1
through 33 of Conditional Use Permit No. 2007-05242, and as conditioned
herein.
-14- PC2008-30
•
COA/ Responsible for
MMP Conditions of Approval Monitoring
COA 64 That approval of this application constitutes approval of the proposed request Planning
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.
COA 65 That extensions for further time to complete conditions of approval maybe Planning
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
COA 66 That this Conditional Use Permit No. 2007-05242 is granted expressly Planning
conditioned upon approval of General Plan Amendment No. 2007-00462,
Reclassification No. 2007-00210, Specific Plan Amendment No. 2007-00049,
Tentative Tract Map No. 17219, Tentative Parcel Map No. 2007-16 and Final
Site Plan No. 2007-00010.
-15- PC2008-30