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Resolution-PC 2008-46RESOLVI'ION NO. PC2008-4fi A RESOLUI'ION OF THE ANAHEIM PLANNING COMIvIISSION APPROVING PREVIOUSLY-CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE WEST ANAI~IM COMNIERCIAL CORRIDORS REDEVELOPMENT PROJECT AREA AND ADDENDUM AND NIITIGATION MONTTORING PLAN NO. 119 AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3002-04603 AND AMENDING RESOLUTION NO. 2002R-233 WITH WAIVER OF CODE REQUIREMENT (TRACKING NO. CUP2008-05308) (200-328 NORTH BEACH BQULEVARD AND 2951-2961 WEST LINCOLN AVENLIE) WILEREAS, the Anaheim Plavniug Commission did receive a verified Perition for a Conditional Use Permit with a waiver of code requirement for certain real property in the City of Anaheim, County of Orange, State of California, shown on E~ibit A, attached hereto and incorporated herein by this reference; and WHEREAS, on November 5, 2002, the City Council, by its Resolurion No. 2002R- 233, granted Conditional Use Pemut No. 2002-04603 to pemut a commercial retail center of regional significance including a home unprovemenY store with an outdoor gazden center, a multi- tenant retail building, two drive through fast food restaurants, three full service restaurants with on- premises consumption of alcoholic beverages, an amusement arcade, a food court with outdoor dining and beer and wine sales for on-premises consumption, and a self storage facility with storage containers and recreational vehicles and boats; and WIIEREAS, the property is currently vacant and is zoned GG (General Commercial) and RM-4 (Mulriple-Family Residential with a resolution of intent to GG) and the Anaheim General Plan designates the property for Regional Commercial land uses; and WIIEREAS, the Anaheim Plaiming Commission did hold a public hearing at the Anaheun Civic Center, Council Chamber, 200 South Anaheim Boulevard, on April 14, 2008, at 230 p.m., norice of said public hearing having been duly given as requued by law and in accordance with the provisions of the Anaheim Muzucipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed project acrions, including an amendment to Conditional Use Pemut No. 2002-04603, and to investigate and make findings and recommendations in connecrion therewith; and WF3EREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due considerarion of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That an amendment to Condirional Use Permit No. 2002-04603 (Tracking No. CUP2008-05308) to construct a commercial retail center of regional significance to include retail stores, full service restaurants with sale and consumption of alcoholic beverages for on-premises consumption, drive fl~ough restaurants, a drive-through pharmacy with the sale of alcoholic beverages for off=premises consumption, an amusement device arcade, a multi-tenant food court 1- PC2008-46 with outdoor dining and the sale and consumption of alcoholic beverages, and a self storage facility - with storage containers and recreational vehicles and boats is properly one for which a conditional use pemut is authorized by Anaheiin Municipal Code Section No. 18.08.030.010 for this property. The proposed project also includes waivers of the following: (a) SECTION NO. 18.42.040 Minimum number of parkine spaces. 1 675 spaces requued; 1.190 spaces proposed) (b) SECTION NO. ] 8.46.110.020 Maximum fence heieht. (8 feet high pernutted; 10 feet high proposed) 2. That waiver (a) pertaining to the minimum number of parking spaces is hereby approved based on the assumptions and conclusions contained in a parking study dated August 2006 and addendum dated April 4, 2008 which was prepared by the City's parking and traffic consultant. Tbe study concludes that a maximum demand of 1,180 spaces would be needed for the shopping center, resulting in a surplus of 10 spaces. Tlus conclusion was based on the highest demand of the center which is during the weekend. Therefore, based on the fmdings contained in the study, the renuested waiver will not cause Pewer ofF street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operarion of such use. 3. That waiver (b) pertaining to maxunum fence height is hereby approved since there are special circumstances applicable to the property due to the unique size, shape, and topography of this former landfill site which do not apply to otl~er property under identical zoning classification in the vicinity. Moreover, the fencing will mitigate visual impacts to adjacent residential land uses and create an adequate buffer between the commercial and residential uses. 4. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the azea in which it is proposed to be located because the proposed project is compatible with existing and surrounding land uses, and will furtl~er provide a project that is compatible and consistent with the General ~lan Regional Commercial land use designa6on. 5. 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 deu-imental to the particulaz azea or to health and safety of the citizens of the City of Anaheim. 6. That, with implementation of the mitigarion measures set forth in Mirigarion Monitoring Plan No. 119, the approval of the proposed shopping center will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 7. That ihe granting of the conditional use pemut vnder the conditions unposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 8. That a person represenrin~ the West Anaheim Nei~hborhood Development Council (WAND) spoke with concems pertaining to the number of parking spaces, amusemenUarcade devices, crime rate, and aniount of drive through restaurants in the project, and two people spoke -2- PC2008-46 with suggestions pertaining to the type of businesses that would be appropriate for the center, and photographs of another shopping center were submitted; and that a letter was received in opposirion to the subject request. WHEREAS, the City Council certified the Final Environmental Impact Report for the West Anaheim Commercial Comdors Redevelopment Project Area in 1998. The Council also approved a Statement of Findings and Facts and Mitigarion Monitoring Plan No. 119 in conjuncrion with the Final EIR. The Final EIR addressed the environmental impacts and mitigation measures associated with those activiries that would be undertaken pursuant to and in furtherance of the West Anaheim Commercial Corridors Redevelopment Plan. In 2002, the Council adopted an Addendum and its technical appendices to the Final EIR in conjunction with Conditional Use Pemut No. 2002- 04603. The Addendum concluded that the proposed shopping center would not result in new significant impacts or substantial increases in the severity of previously identified s~~nificant impacts. Therefore, the previously-certified Final EIR, together with the Addendum and Mitigation Monitoring Plan No. 119, will seroe as the required environmental documentation for the proposed project actions. NOW, THEREFORE, BE IT RESOLVEA by the Anaheim Planning Commission of the City of Anaheim that the conditions of approval heretofore imposed on Condirional Use Pernut No. 2002-04603, as set forth in City Council Resolution No. 2002R-233 be, and the same hereby amended in their entirety, to read as follows: No. Conditions of Approval Responsible for Monitoring TIMING: PRIORTOISSUANCEOFBUILDINGPERIITS That the following final plans shall be submitted to the Planning Department for 1 Planning Commission review and approval as a"Reports and Recommendations" pialllling item: m Fully dunensioned, scaled, and detailed site plan • Fencing and landscaping plans (with materials, sizes, and locarions of plant materials) o Comprehensive signage program • Final grading and property sectional plans • Building elevation plans including a colors and materials board • Accent paving plans o Decorative liatating plans • Roof and round-mounted e ui ment location and treatment lans -3- PC2008-46 Responsiblefor No. Conditions of Approval Monitoring o Tmck well treatment plans • Detailed site, floor, lighting, and elevarion plans for the full service restaurants m A letter of operation indicating all oparational aspects of each of the full-service restaurants, including the hours of operation • Detailed outdoor searing and public plaza plan, including pubGc art, landscaping, and water features • Detailed floor plans and letter of operation indicating the proposed hours of operation for the amusement device arcade o Detailed site, floor, and drive through lane plans for the drive-through restaurants • Detailed site, fencing, floor, elevation, lighting, and landscaping (with materials, sizes and locations of plant materials and methods of screening) plans for the self storage/RV and boat storage facility • A letter of operation indicating all operational aspects of the self storage/RV and boat storage facility, including the hours of operation That an unsubordinated restricted covenant providing reciprocal access and 2 pazking, approved by the Planning Department and in a form satisfactory to the Planning City Attomey, shall be recorded with the O£fice of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Planning Department. In addifion, provisions shall be made in the covenant to guarantee that the entue complex shall be managed and maintained as one (1) integral parcel for purposes of pazking, vehicular cizculation, signage, maintenance, land usage and architectural control, and that the covenant shall be referenced in all deeds transferrin all or any art of tihe interest in the ro erty. That all air condirioning facilities and other roof and ground-mounted equipment 3 shall be properly shielded from view. Such information shall be specifically Planning shown on the lans submitted for buildin ermits. That all plumbing or other similar pipes and fixtures located on the exterior of the 4 building shall be fully screened by architectural devices and/or appropriate Flamiiug building materials; and, further, such information shall be specifically shown on the lans submitted for buildin ermits. That the granting of the pazking waiver is contingent upon operation of the use in 5 conformance with the assumptions and/or conclusions relaYing to the operation Plannine -4- PC2008-46 Responsible for No. Condirions of Approval Monitoring and intensity of use as contained in the parking demand study dated August 2006, and addendum dated Apri14, 2008, that formed the basis for approval of said waiver. Exceeding violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violarion of the expressed conditions imposed upon said waiver which shall subject this pemut to termination or modificarion pursuant to the rovisions of Section 18.60? 10 of the Anaheim Munici al Code. That a landscape earthen berm and/or a row of hedges shall be inwrporated into ( the entire length of the setback adjacent to Beach Boulevard and Lincoln Avenue p]y~ing with the exceprion of ingress/egress areas. Further, dense landscaping shall be provided adjacent to Beach Boulevard and Lincoln Avenue to adequately screen the drive through lanes, and where possible, existing mature landscaping should be preserved. Said information shall be specifically shown on plans submitted for buildin ermits. That a tentative pazcel map to record the consolidarion of parcels on the subject '7 property shall be submitted to and approved by the City of Anaheim and shall planning, Public then be recorded in the Office of the Orange CounTy Recorder. Works Tbat plans shall be submitted to the Planning Deparnnent for review and approval g showing conformance with the current version of Engineerang Standard Details Planning 402, 436, 470, and 471 pertaining to parking standards and ~ngineering Standard Detai1473 pertaining to driveway locations and driveway spacing. Subject property shall thereupon be developed and maintained in conformance with said lans. That plans sball indicate that adequate lighting shall be provided tluoughout the g project, including circulation areas, aisles, passageways, recesses, and grounds planning 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 dazlmess and provide a safe, secure environment for all persons, property, and vehicles on-site. Plans submitted for building pernuts shall include a note that said lighting shall be installed prior to ihe first fmal buildin and zonin ins ecrion for the arkin structure. That plans shall indicate that the building addresses shall be cleazly mazked with 10 its appropriate building number and address. These numbers shall be posirioned planning, Police so they are easily viewed from vehicular and pedestrian pathways throughout the complex. The building numbers sball be a minimum of 12-incbes in height Main building numbers and address numbers sha11 be illuuunated during hours of darkness. Plans submitted for building pemuts shall include a note that said numbers shall be installed prior to the fust final building and zoning inspection for each buildin . That plans shall show that four (4) foot high address numbers shall be displayed I 1 on the roof of the building in a contrasting color to the roof materiaL Said Planniug, Police numbers shall not be visible from view of tlie street or adjacent properties. Said information shall be sub ect to the review and a roval of the Police De arhnent -5- PC2008-46 Responsible for No. Conditions of Approval Monitoring 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 fmal buildin and zoning ins ecrion for each buildin~. That plans shall be submitted for approval by the Public Utilities Department, 1? Water Engineering Division and the Cross Connection Control Inspector planning, Public demonstrating that all backflow equipment shall be located above ground outside Utilities Water of the street setback area in a manner fully screened from all public streets and alleys in IocaUons approved by the Water Engineering Division of the Public Utilities Department and the Planning Department. Any bacl~low 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 sh eet setback area on private property in an easement, in a manner full screened tluou h landsca in from all ublic streets and alle s. That plans shall show that all proposed water vaults, telecommunicarion utilities, 13 and all other above-ground utilities shall be located behind the setback and fully Planning screened as re uired b Code or inte ated within the ro osed buildin s. That the property owner shall submit a letter requesting termination of 14 Conditional Use Permit No. 464 (to construct a duectional sign facing Beach Planning Boulevard), Variance No. 1956 (to permit a warehouse in conjunction with an existing furniture store with waivers of minimum required side yard setback and required masonry wall at 220 North Beach Boulevard), Conditional Use Permit No. 1307 (to pernut on-sale liquor in conjuncrion with a proposed restaurant at 310 North Beach Boulevard with waiver of height of masonry wall abutting a residential zone) , Conditional Use Pemut No. 1338 (to pemut the sale of beer and wine in an existing restaurant at 300 North Beach Boulevard), Variance No. 2650 (waiver of permitted sign locarion to reconstruct an existing freestanding sign at 220 North Beach Boulevard), Conditional Use Permit No. 1651 (to permit a 41-unit motel at 320 North Beach Boulevard), Conditional Use Permit No. 3559 (to permit an auto service and tire installarion facility at 222 North Beach Boulevard) , Conditional Use Permit No. 3593 (to pernut the on-premise sale and consumption of alcoholic beverages in conjuncrion witb a restaurant and billiard center at 314 North Beach Boulevazd), Conditional Use Pemut No. 3670 (to pemut the on-premise sale and consumption of alcoholic beverages within an existing restaurant and billiard center with live music and entertainment at 314 North Beach Boulevard) to the Plannin Services De artment. That plans submitted for building pernuts shall include a note that ongoing during 15 construction, emergency contact information including contact name and phone p]an~ljpa number shall be posted on the project site. Said information shall be indicated on lans submitted for buildin ermits. That all roof-mounted equipment shall be screened from view of the public rights 16 of way and surrounding properties in conipliance with Section 18.46.210 of the Planning Anaheim Municipal Code. Said information sl~all be specifically shown on plans submitted for buildin ermits -6- PC3008-46 Responsible for No. Conditions of Approval Monitoring That in implementation of mitigation measwes no. 2 and 3 for "Hazards" as set _ 17 forth in the Mitigarion Monitoring Plan, the applicant shall implement those Planning, (~_ regulatory requuements and measwes unposed upon the project by the Orange public Works HA7 2,3) ' County Health Care Agency's Environmental Health Division (LEA) and the Development Santa Ana Regional Water Quality Control Boazd (RWQCB) as set forth in Services A endix F and A endix G, res ectivel , of the Final EIR Addendum. That the legal owner of subject property shall provide the City of Anahenn with a 1 g public utilities easement as detemuned to be necessary when the electrical design Public Urilities is completed. Electrical That property owner/developer shall finalize the abandonment of any exisring ~9 public utilities easements Yo the satisfaction of the Depariment of Public Works, Public Utilities Development Services Division and the Public Utilities Deparhnent, Elechical Elech-ical En~ineerin Division. That the property is to be served with underground urilities per the Electrical ?p Rates, Rules, and Regulations. Public Utilities Electrical That any required relocation of City electrical facilities shall be at property ? 1 owner/deve]oper's expense per the Elechical Rates, Rules, and Regulations. Public Utilities Electrical That plans shall show the locarion and required landscape and/or bardscape ?? screening of all pad-mounted equipment. Public Utilities Electrical That plans shall demonstrate that all above-ground utility devices shall be located ?3 on private property and outside any requued setback areas unless otherwise Public Utiliries pemutted by Code. Electrical That plans shall show conformance with the current version of Engineering 24 Standard Detail 115 pertaining to sight distance visibility for signs, landscaping, Public Works, and fence/wall locations and pertaining to commercial driveway design to the Traffic satisfaction of the City Engineer. Engineering That plans shall be submitted to show any proposed gates and shall demonstrate 25 that gates shall not be installed across any driveway in a manner which may Public Works, adversely affect vehiculaz tra~c on the adjacent public s~eet. Installation of any Traffic gates shall conform to all applicable City of Anaheim, Aepartment of Public Engineering 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. ThaY plans submitted for building permits shall include a note that prior to final 26 building and zoning inspecrion, fue lanes shall be posted with "No Parkin~ Any Public Works ~ Traffic 7- PC2008-46 Responsible for No. Condirions of Approval Monitoring Time." Said information shall be specifically shown on plans submitted for Engineering building pernuts. That plans shall show that emergency exits, not intended as a primary entrance, P li ~~ shall have no exterior handles, laiobs, or levers. o ce ThaY property owner/developer shall submit plans to the Police Department for ~8 review and approval for the purpose of incorporating safety measures in the Police project design including the concept of crime prevention through environmental design (e.g. building design, circulaUon, site planning, and lighting of parking structures and parlcing areas). That plans submitted for building pernuts shall contain a note that there shall be ~9 no public telephones on the property that are located outside the buildine. Police Tbat plans submitted for building permits shall indicate that all doors serving any li P 30 restaurants shall conform to the requirements of the Uniform Fire Code and shall o ce be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emer~ency. That plans submitted for building permits shall show lighting to be directed, 31 positioned and shielded in such a manner so as not to unreasonably illuminate the Police windows of nearby residences. That plans shall show how emergency vehiculaz access will be provided and ~ 3~ maintained in accordance with Fire Deparlment Specifications and Requirements. Fire That prior to issuance of the first building permit, or prior to delivery of 33 combustible materials for construction of buildings, whichever occurs first, Fire, Public property owner/developer shall eomplete all necessary water facilities to provide Utilities Water the fue flows requued by the Fue Deparhnent. Said information shall be specifically shown on plans submitted for building permits. That prior to issuance of the first building permit and prior to commencement of 34 structural fraining, fire hydrants shall be installed and charged as required by the Fire Fue Department and shall meet minimum Fire Deparhnent Specifications and Requuements for spacing, distance to structure and available fire flow. Said information shall be specifically shown on plans submitted for building permits. That an automatic fire sprinkler system shall be designed, installed and 35 maintained as requued Uy the Fue Depar~ent. Said information shall be Fire specifically shown on plans suUmitted for building pemuts. Provisions for continued maintenance of the fire s rinkler s stem shall be included 'm the -8- PC2008-46 Responsible for No. Condirions of Approval Monitoring recorded CC&Rs for the project pursuant to the conditions contained herein. 36 That all existine water services and fue lines shall conform to curnent Water Public Utilities Services Standards Specifications. Any water service and/or fue line that does not meet current standards shall be up~raded if continued use is necessary or Water 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 fue line. That property owner/developer shall irrevocably offer to dedicate to the City of 3~ Anaheim an easement on owner's Property for all large domestic water meters, Public Utilities including a five (5) foot wide easement around the water meter pad, a twenty (20) Water 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 UtiliUes Department, Water Engineering Division sball be included in all easement dedications/deeds for water facilities. That because this project has a landscaping area exceeding 2,500 squaze feet, 38 plans shall specifically show that a separate irrigation meter shall be installed in Public Utilities compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheun Water Municipal Code. Said information slaall be specifically shown on plans submitted for building permits. Plans submitted for buildin~ 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. That prior to submitting an application for water meters, fire lines or water 39 improvement plans for approval, wluchever occurs first, owner shall submit to the Public Utilities Public Utiliries Department, Water Engineering Division, an estimate of the Water maxunum fue flow rate and maximum day and peak hour water demands for the entire project. This information will be used to detennine the adequacy of tk~e e~sting water system to provide the estimated water demands. Any off-site water system improvements requued to serve the project shall be done in accordance with Rule No. 15A.6 of the Water UtiliTy Rates, Rules, and Regulations. That all requests for new water services or fire lines, as wel] as any modifications, 40 relocarions, or abandonment of existing water services and fue lines, shall be ~'ublic Utilities processed ttuough and approved by the Public Utilities Deparhnent, Water Water En~ineering Division. That prior to issuance of a building penuit or approval of a grading plan, 41 ~y~chever occurs fust, plans shall demonstrate that all existing water services and Public Urilities ' fire lines shall conform to current Water Utili Standards to the satisfaction of -9- PC2008-46 Responsible for No. Condirions of Approval Monitozing the Public Utilities Department, Water Engineering Division. Any existing water Water services and/or fire lines that are not approved by the Utility forcontinued use shall be upgraded to current standards, or abandoned, if no longer needed, by the property owner/developer prior to issuance of a building pemut or approval of the grading plan, whichever occurs fust. That a private water system with separate water service for fue protection and 4Z domestic water shall be provided. Said information shall be shown on plans Public Utiliries submitted for building pemuts. Water 43 That plans submitted for buIlding pernuts shall indicate trash storage areas in a Public Works ~ocation acceptable to khe Public Works Deparhnent, Sheets and Sanitation , Division, as depicted in the approved Final Site Plan. Streets and Sanitarion That property owneddeveloper sball submit a fmal written solid waste 44 management plan si~ned by the owner to the Streets and Sanitation Division of Public Works, the Public Works Deparhnent for review and approval. The property owner shall Streets and then operate in accordance with the approved written solid waste management Sanitation plan, as it may be modified by owner from time to time subject to written approval by the D'uector 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. That plans submitted for building pernuts shall include a note that on-going C d 45 during project operation, no requued parking areas shall be fenced or otherwise o e enclosed for outdoor storage uses. Enforcement, Planning That as required by the Public Works Deparhnent, street trees shall be installed 46 by the property owner, within the public rights-of-way adjacent to Beach Public Works Boulevard and Lincoln Avenue. The size and number of trees shall be provided Development to the satisfaction of the Public Works Department. Said informarion shall be Services shown on plans submitted for building permits. That all driveways shall be constructed with ten (10) foot radius curb retums as 47 required by the City Engineer in conformance with Engineering Standard No. Public Works I 15. Said information shall be specifically shown on plans submitted for building Development permits. Services That for tliose sites with lmown hazardous materials or structural conditions, 48 underground tank leakage, or where existing contamination is known to e~ist, a Public Works (MM- complete soils test and analysis shall be performed prior to development. If the Development AAZ 1) results of the soils test indicate the presence of contanunation, appropriate Services, -10- PC3008-46 Responsible for No. Conditions of Approval Monitoring remediation will be identified and unplemented. No development shall be Planning allowed on the site until the applicant has submitted evidence of complete remediarion to the City. That the applicant shall comply with the recommendations of the Lunited 49 Geotechnical Investigation prepared by G. A. Nicoll & Associates and with the Public Works, (MM- Uniform Building Code and appropriate City seismic standards. Development I GEOL 1) Servioes That a haffic impact study shall be submitted to the Department of Public Works Traffic Engineering Division for review and approval. Said study shall be Public Works, prepared to the satisfaction of the Department of Public Works in accordance Traffic ~'ith City of Anaheim criteria. As based upon the Final Site Plan approved by the Engineering 50 Planuivg Commission as a"Report and Recommendation" item, and final land ~~- uses as identified in the Final Site Plan, the traffic study shall identify any TRAF 1) project-generated increases that result in unacceptable levels of service, as deternuned by the Deparhnent of Public Works. The traffic study shall also idenrify appropriate nnprovements to reduce traffic impacts to acceptable levels and include a phasing plan. The phasing plan shall specify timing and funding commi~ents to implement the nnprovements including (but not limited to) preliminary engineering, environmental clearance, fmal engineerin~, right-of-~vay acquisition, consh-uction, and inspection. That to the extent feasible, the following components shall be incorporated into the project: Public Works, Traffic a) Ridesharing Programs: Engineering, 51 • Carpooling and Vanpooling Planning, Q ~ • Modified Work Schedules SCAQIVID A b) Pazking Management • Off-Street Parlting Controls • Parking Management Programs c) Non-Motorized Sh~ategies • Bicycle Storage Faciliries • Pedestrian Improvements That precise water system requirements shall be determined during specific Public Works 52 project design review. Water design requirements will be subject to the Development (NIM- provisions of site plan review by the City of Anaheim. Required water system Services, WAT improvements shall be in place. Planning 1,2) That the developer shall submit a design level sanitary sewer study for the 53 proposed commercial center to the Public Works Department, Development Public Works -11- PC2008-46 Responsible for No. Conditions of Approval Monitoring (MM- Services Division for review and approval. This study shall be prepazed to the Development WASTE satisfaction of the Public Works Deparhnent Department and shall be consistent Services, I-5) with the Combined West Anaheim Area Master Plan of Sanitary Sewers Planning (November 3001, 1 st Revisiom June 3002). All of the recommendations of Yhis sewer study shall be implemented prior to final buildin~ and zoning inspections, as required by the Public Works Department. 'TIMING; PRIOR TO FINAL BUILDINGf1ND ZONINGINSPECTIONS Tbat property owner/developer shall provide the City of Anaheun with a public 54 utiliries easement (per fmal electrical design), along/across hi~h voltage lines, low Public Utilities voltage lines crossing private proper[y, and around all pad-mounted transformers, Elech-ical switches, capacitors, etc. on owner's Property. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. TZMING: PRIOR TO GIL4DItYG PERMITS The applicant shall submit and obtain approval from the Manager of Subdivisians 55 and Grading of a Water Quality Management Plan (WQMP) specifically Public Works (MM- identifying Best Management Practices (BMP's) that will be used on-site to Development HYD 1) control predictable pollutant runoff. This WQMP shall identify, at a minunum, Services the routine, structural and non-structural measures specified in the Countywide NPDES Drainage Area Management Plan (DAMP) Appendix which details implementarion of BMPs whenever they are applicable to a project, the assignment of long term maintenance responsibilities (specifying the developer, parcel owner, maintenance associarion, lessee, etc.), and shall reference the location(s) of structural BMPs. 'GBNER.9L That ongoing during project construction, the property owner/developer shall SCAQIVID, 56 implement measures to reduce cons~uction-related air quality impacts. These Building, Public (~_ measures shall include (but aze not lunited to): Works AQ 1) Development a. Normal wetting procedures (at least twice daily) or other dust palliative Services measures shall be followed during earth-moving operarions to m;n;m;~e fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. U. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacture's specification, to exposed stock piles. -L- PC2008-46 No. Conditions of Approval Responsible for Monitoring c. Roadways adjacent to the project shall be swept and cleared of any spilled export materials at least twice a day to assist in minimizing fugitive dust; atid, haul routes shall be cleared as needed if spills of materials exported from the project site occur. d. Where practicable, heavy duty constructioa equipment shall be kept onsite when not in operation to m;nim;ze exhaust emissions associated with vehicles repetitiously entering and exiting the project site. e. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. £ Taking prevenrive measures to ensure ttiat trucks do not carry dirt on tires onto public streets, including treating on site roads and staging areas. ~. Preventing irucks from idlmg for longer than 2 minutes. h. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. i. Reduce haffic speeds on all unpaved road surfaces to 15 miles per hour or less. j. Suspend all grading operations when wind speeds (as instantaneous a st) exceed 25 miles per hour and during first and second stage smog alerts. k. Comply with SCAQMD Rule 402, wluch states that no dust unpacts offsite are sufficient to be called a nuisance, and SCAQIvID Rule 403, which restricts visible emissions from canstruction. 1. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. m. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable. n. Maintain construction equipment engines by keeping them properly tuned. o. Use low sulfur fuel for equipment, to the extent practicable. , That this development is limited to a maximum of twenty five (25) tenant spaces. Planning 5 ~ -13- PC2008-46 Responsible for No. Conditions of Approval Monitorine That no required parking azea shall be fenced or otherwise enclosed for outdoor Plannine Sg storage uses. That property owner/developer shall be responsible for compliance with all Planning ~9 mitigation measures within the assi~ned time frames and any d'uect costs associated with Mitigation Monitoring Plan No. 119 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. That timing for compliance with conditions of approval may be amended by the Planning 60 Planning D'uector upon a showing of good cause provided (i) equivalent timing is established that sarisfies 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. That subject property shall be developed substantially in accordance with plans Plamiing 61 and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked E~ibit No. 1 of Conditional Use Permit No. 2002-04603 (Traclting No. 3008-05803), and as conditioned herein. That approval of this applicarion consritutes approval of the proposed request Planning 6~ only to the extent that it complies with the Anaheun Municipal Zoning Code and any other applicable City, State and Federal regularions. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regularion or requirement. That extensions for further time to complete conditions of approval may be Planning 63 granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. That no exterior vending machines shall be permitted within the view of the Code 64 public rights-of-way. Enforcement That the landscape planters shall be permanently maintained with live and healthy Code 65 plant materials. Enforcement That no outdoor speakers shall be pemutted in conjunction with the home Code 66 improvement store and outdoor storage facility. Enforcement That the following conditions shall apply to all establishments with sales oP Police/Code 67 alcoholic beverages for off=premises consumption: Enforcement -14- PC2008-46 No. Conditions of Approval Responsible for Monitoring • No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. o There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of tlus condition. o The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. e The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers shall be prohibited. No beer or malt beverages shall be sold in quantiries of less than six per sale. o The possession of alcoholic beverages in open containers and t6e consumption of alcoholic beverages are prohibited on or around these premises. . There shall be no amusement machines, video game devices, orpool tables maintained upon the premises at any time. m Wine shall not be sold in bottles or containers smaller than 750 ml. and wine-coolers must be sold in manufacturer pre-packaged mulri-unit quantities. • That the acriviries occurring in conjunction with the operation of these establishments shall not cause noise disturbance to surrounding properties. • That alcoholic beverages shall not be sold in the drive through lane of the pharmacy. Alcoholic beverages shall only be sold inside the pl~armacy building. That the following conditions shall apply to all full service restaurants with sales Police/Code 68 of alcoholic beverages for on-premises consumption: Enforcement o At all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu contauung an assortmenY of foods normally offered ui such restaurant. • That there shall be no bar or lounge maintained on the property unless licensed b Alcoholic Bevera e Control and a roved b the Ci of -15- PC2008-46 No. Condirions of Approval Responsible for Monitoring Anaheim. v There shall be no pool tables or amusement devices maintained upon the premises at any rime unless the proper permits have been obtained from the Ciry of Anaheim. • That the alcoholic beverage licenses shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the Califomua Business and Professions Code. • The gross sales of alcobolic beverages shall not exceed 40 percent of the gross sales ofall retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the sepazate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspectionby any City of Anaheim official when requested. m That there shall be no live entertainment, amplified music or dancing pernutted on the premises at any tnne without issuance of proper permits as required by the Anaheim Municipal Code. o That the sales of alcoholic beverages for cansumption off the premises shall he prohibited. o Thexe sball be no admission fee, cover charge, nor m;n;mum purchase required. • That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from wiflun, promoting or indicating the availability of alcohol beverages, with the exceprion of one (1) sign indicating cocktails'. 0 That the activit~es occurring in conjunction with the operation of these establishments shall not cause noise disturbance to surrounding properties. • That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to employ or permit any persons to solicit or encourage others, d'uectly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. • At all times that entertainment or dancin is ermitted, securi measures -16- PC2008-46 Responsible for No. Conditions of Approval Monitoring shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. o That all doors serving subject restaurants shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, to pemut deliveries and in cases of emergency. o That the outdoor dining area shall be completely enclosed by fencing or other such permanent structure as approved by the City, at least forry (40) inches in height, inko which entry is only possible from the interior of the business. Emergency exits required by the Uniform Fire Code sha11 be maintained, but not utilized by patrons/employees other than in an emergency. Said information shall be shown on plans submitted for building pernuts. o Any and all security officers provided shall comply with all State and Local ordinances regulating theu services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anal~eim Municipal Code). 69 That the following conditions shall apply to the self storage facility: Code Enforcement • That any on-site maintenance or repair of recreational vehicles, cars, boats, , personal watercrafr, motorcycles, or trailers, shall be prohibited. o That no public sales of propane gas or the public use of dumping stations shall be permitted at this property. A maxunum of one (I) sanitary dump station, for the use of tenants only, shall be permitted. A plan showing the location of said facility shall be submitted to the Plauuing Department for review and approval. • That no commercial tractor trailers or 18-wheel vehicles sball be pernutted. a That no storage of inoperable velucles shall be pemutted and that no unlicensed vetucles sha11 be stored at the site. , That any and all security officers provided shall comply with all State and Local Police/Code ~O ordinances regulating theu services, including, without limitation, Chapter 11.5 Enforcement of Division 3 of the California Business and Profession Code. (Section 4.16.070 -17- PC2008-46 Responsible for No. Conditions of Approval Monitoring Anaheun Municipal Code). The activities occurring in conjunction with the operation of this establislunent Police/Code 71 shall not cause noise disturbance to surrounding properties. Enforcement That on-going during project operarion, the property shall be permanently Code ~~ maintained in an orderly fashion throueh the provision of rea lar landscaping Enforcement maintenance, removal of trash or debris, and removal of graffiti within twenty- four (24) hours from the tune of discovery. That during construction, an all-weather access road as approved by the Fue Fue 73 Aepartment shall be provided. * Mitigation measures from the previously-approved Mitigation Monitoring Plan No. 119 have been incorporated into tlus resolution as conditions of approval. BE IT RESOLVED that the Anaheim Planning Commission does hereby fmd 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 fmal judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contaiued, 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 a~l charges shall result in delays in the issuance of required permits or the revocation of the approval of this applicarion. THE FOREGOING RESOLLIT'ION was adopted at tlae Planning Commission meeting of April 14, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.6Q "Procedures" of the Anaheizn Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. / _ -"~~'~~-, , ~~~;-f_ ~ C , A~IAHEIM PL I~WG COMNIISSION ;r ATTEST: /C~Piw+-w-i ~~' C~8'~c~ SENIOR SECRETARY, ANAHEIM PLANNING COMIvIISSION -18- PC2008-46 STATE OF CALIFOItNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAI~IM ) I, Eleanor Moms, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoina resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on April 14, 3008, by the following vote of the members thereof. AI'ES: COMNIISSIONERS: AGARWAL, BiTFFA, EASTMAN, FAESSEL, KARAICI, ROMERO, VELASQUEZ NOES: CONllVIISSIONERS: NONE ABSENT: COMMISSIONERS: NONE iN WI1"NESS WHEREOF, I have hereunto set my hand this ~I S~ day of ~, ~008. ^ . - 1 n SECRETARY, ANAHEIM PLANNING COMIVIISSION -19- PC2008-46 _ U , ...~.,~.. ,.m,,..,.a, ANAHEIMCITYBOUNDARV ~ ~ Q ~ W J ~ ~ m _ U Q W m n so ~ mn ~ . . ~ . . . .. . - .. ~ LINCOLN AVENUE w w ~ ~ ~ w ~ 0 Source: Recorded Trzct Maps and/or City GIS. Please note the accuracy.is +/- pyp to five feet. ~ Subject Property Conditional Use Permit No. 2002-04603 (Tracking No. CUP2008-05308) Public Convenience or Necessity No. 2002-00008 (Tracking No. PCN2008-00041) ~ E ~~~ < .CflESCENiAV ` e ~ . Ik ~~~~ ~ Iw .r `x ~_ ,o = ~ ; W LINCOLNAVE . Im I 1Y OflOh~ WAY I ~ ~~; W aRAN < GEAVE ~N ~y 200-328 North Beach Boulevard and 2951-2961 West Lincoln Avenue iosos