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Resolution-PC 2009-073RESOLUTION NO. PC2009-073 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT PREVIOUSLY CERTIFIED EIR NO 313 IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THIS REQUEST AND APPROVING AN AMENDMENT OF CONDITIONAL USE PERMIT NO. 2006-05103 AND AMENDING, IN THEIR ENTIRETY, THE CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2406-59 (TRACKING NO. CUP2008-05390) (1946 SOUT`H HARBOR BOULEVARD) WHEREAS, tUe Anaheim City Planning Commission did receive a verified Petition to amend Conditional Use Permit No. 2006-05103 to expand an existing surface parking lot and amend a condition of approval pertaining to a time limitation pursuant to Code Section No. 18.60.180 of the Anaheim Municipal Code for certain rea] properCy situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference; WHEREAS, on June 26, 2006, the Anaheim City Planning Commission adopted Resolution No. PC2006-59 approving Conditional Use Permit No. 2006-05103 for a period of iive years to pemvY a temporary parking lot; and WfIEREAS, the applicant also proposes to expand the existiqg temporazy parking lot to permit a phased build-out of up to 2,570 additional temporazy parking spaces for use by guests of The Disneyland Resor[; and WHEREAS, this property is currently developed with 12 acres of temporary parking lots and 41 acres of undeveloped land, located in the Anaheim Resort Specific Plan (SP92-2) Zone and Che Anaheim General Plan designates Yhis property for Commercial Recreation uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of A~aheim on Aug~st 17, 2009, at 2:30 p.m., notice of said pnblic 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 amendment and Co iovestigate and make findings and recommendatious in conoection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideratiop of all evidence and reports offered at said hearing, does find and detemune the following facts: 1. The proposed expansion of a temporary parking lot is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code Section 18116.070.050.0506. 2. The exiscing and proposed temporary parking areas would not adversely affect the adjoining land oses or the growth and developme~t of the area because the carrent parking areas have been well maintained and operated in compliance with all conditions of approval and Che new parking areas will be subjact to the conditions of approval in Exhibit B to this resolution to ensure - 1 - PC2009-073 that these parking azeas will not adversely affect Che adjoining land uses or the gzowkh and development of the area. 3. The traffic generated by the existing and proposed temporary parking areas will not impose an undue burden upon the streets and highways designed and improved to cany the traffic in the area as there are conditions of approval ttiat have been incorporated inCO this resolution which ensure adequate ingress and egress to the site and mitigate traffic impacts. 4. The size and shape of the site is adequate to allow the full development af the temporary parking areas, in a manner not detrimenCal to either the particular area or health and safety. THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission has reviewed the proposal and does hereby ffnd that the previously-ceRified EIR No. 313, which was determined to be the appropriate environmental documentation in connection with Conditional Use Permit No. 2006-05103, is adequate to serve as the required environmenta] docamentation in connection wiCh tbis amendment. BE IT FURTHER RESOLVED that the Anaheim Ciry Flanning Commission, for the reasons hereinabove stated does hereby approve the proposed amendment of Conditional Use Pernut No. 2006-05103 (Tracking No. CUP2008-05390) subject to tt~e conditions of approval which are amended in thair enCirety and described in Exhibit "B" attached hereto and incorporated by tt~is reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18:60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director opon a showing of good cause provided (i) equivalenC timing is established Chat satisfies the original intent and purpose oP the condition (s), (ii) the modification complies with the Anabeim Municipal Code and (iii) the applicant has demonsCrated significanC progress toward establishment of the use or approved developmeot. BE IT FURTHER RESOLVED, except as otherwise amended herein, Resolution No. PC2006-59 remains in full force and effect. BE IT FURTHER RESOLVEP, tYais permit is approved without limitations on the hours of operation. AmendmenYS, modafications and revocaClons af this permiC may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modificatiou of PermiYS) of the Anaheim Munieipal Code. BE 1T FURTBER ~2ESOLVED Yhat the Anak~eim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicapt's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT F{T12THER RESOLVED that approval of this application constituCes 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 - 2 - PC2009-073 findings as to compliance or approval of Yhe request regard'ang any oCher applicable ordanance, regulation or requirement. BE IT FTJRTEIER RESOLVED tbat the applicant is responsible for paying all cbarges related to the processing of this discretionary case application within 15 days of Che issuance of the final invoice. Failure to pay all charges shall result in the revocatian of the apgroval of this application. THEFOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 17, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. PLANNING CONIMISSION ATTEST: ARY. ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on A~gust 17, 2009, by zhe following vate of the members thereof: AGARWAL, AMENT, SUFFA, FAESSEL, AYES: COMMISSIONERS: RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMiSSIONERS: KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this 17'~ day of August, 2009. ARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2009-073 EXHIBIT "A" AMENDMENT TO CONDITIONAL USE PERMIT NO. 200G-Oi103 (Tracl.ing No. CUP2008-O5390) APN:137-181-12 I I ~ _ ~ ~ I 137-291-04) W KATELLA AVE ~ J m ~ 0 m ~ Q ~ W ORANGEWOOD AVE ~ ~~nn~ ~ o w i~o ~ ra.r Soume: Recortletl Tracl Maps and/or Ciry GIS. Please rtoie ihe accuracy is+/-n~m to five feet. - 4 - PC2009-073 EXHIBIT "B" AMENDMENT OF CONDITIONAL USE PERMIT NO. 2006-05103 (TRACKING NO. CUP2008-05390) CdNDTTIONS OF APPROVAL (NOTE:'Mitigauan Measures ("MM7 from Mitigation Monitoring' ~SPONSIBLE' NO. program No. 0&5 are incorporated into these conditions of approval MONITORING and are identi~ed 6y the rnitigadon measute number below applicable condifion numbers.} 1 This permiY shall terminate on September 8, 2015, six (6) years fram Planning the date its term commences, provided, however that if the Anaheim Fixed-Guideway Transit System, as described and contemplated in Section 5.1 of the City of Anaheim Transit Master Plan adopted on December 18, 2007, is not fully constructed, operational and open for continuing use by the general public by September 8, 2014, then the ' term of this grant shall automatically be extended for an additional four (~4) years to September 8, 2019. PRIOR TO ISSUANCE OF GRADING PERMITS 2 The property owner/developer shall submiY Demolition and Public Works Import/Export Plans. The plans shall include the proposed haul route, Construction identification of offsite locatiops for materials exporC fram the project Services and and options for disposal of excess material. These options may Development include recycling of materials onsite, sale to a soil broker or Services contracYOr, sale to a project in Che viciniYy or Cransport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner/developer shall offer recyclable building materials, such as asphalt or conerete, for sale or removal by private firms or public agencies for use in constnaction of other projects, if not all can be raused on project site (MM 3.4-4) 3 Noise generated by oonsCrucCion activity shall be limited by the Buildi~g property owner/developer to 60 dBA along the property boundaries, (verification of before 8:30 a.m. and after 7:00 p.m., as governed by Cliapter 6.7Q notes on plans) ' Sound Pressure Levels, of the AnaheimMunicipal Code. (MM 3.5-1) Code Enforcement 4 An 8-foot-high perimeter or portable construction barrier shall be Building provided by the property owner/developer along boundaries of construction areas which have noise-sensitive land uses adjacent to them to minimize noise impacts. Tk~e construction sound barriers shall be a minimum height of 8' with a minimum surface weight of 1.251bs. per square foot or a minimum Sound Transmission Class Rating (STC) of 25. The stracture shall be a continuous barrier. Gates and oCher enkry doars sball be consCructed with saitable - 5 - PC2009-073 mullions, astragels, seals, or other design techniques to minimiae sound leakage when in the closed position. Access doors should be self closing where feasible. Vision ports are permissible providing they are filled with an acceptable solid vision product. (MM3.5-2) 5 The property owner/developer shall submit to the City Engineer for Public Works review and approval, a soils and geological report for the area to be Development graded, based on proposed grading and prepared by an engineering Services geologist and geotec6n9ca1 engineer. All gzading shall be in conformance wiCh Title 17 of the Anaheim Municipal Code. (MM 3.6-1) 6 The property owner/developer shall submit a Master Drainage and Public Works Runoff Management Plan (MDRMP) for review and approval by the Development Public WorksBngineering Department, Development Services Services Division. The MasCer Plan sball include, but not be limited to, the following 3Tems: a. Backbone sCOrm drain layout and pipe size, including snpparting hydrology and hydraulic calculations for storms up to and includin~ the 100-year storm; and, b. A delineation of the improvements to be implemented for control of project-generated drainage and runoff. (MM3.7-1) 7 The property owner/developer shall submit for review and apgroval Public Works of tt~e City Engineer, a Water Quality ManagemenY Plan (WQMP) Development specifically identifying Best Management Practices (BMPs) that will Services be used omsite to control predictable pollutant mn-off. This WQMP shall identify the structural and non-structural measures specified in Appendix 7 of the Coanrywide Drainage Area Management Plan de- tailing implementation of BMPs whenever they are applicable to the project (when the project has a below grade loading dock, for example); the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, mainYenance association, lessee, etc.); and, shall reference the location(s) of structural BMPs. (MM 3.7-2) 8 The property owner/developer shall obtain coverage under the Public Works NPDES Statewide Ind~strial Stormwater Pernut for General Development Construction Activities from the State Water Resources ConCrol Services Boazd. Evidence of attainment shall be submitted to the City Engineer. (MM 3:7-3) 9 The property owner/developer shall submit an emergency fire access Fire plan to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire DeparCmenC service requirements. (MM 3.91-2) 10 The praperty owoer/developer shall submit a letter confirming Chat a Fire qualified environmeutal professional has collacted and aualyzed Eoviro~mental represe~tative samples of shallow soils for pesticide and herbicide ProCectio~ - 6 - PC2009-073 residue. If soils containing pesticides or herbicides above regulated limits are found, the letTer shall specify the remedial actions that shall be carried out before any disturbance to the soils occ~rs. Remedial actions should consist of removal and disposal or treatment of affected soils according to all applicable local, state, and federal regolations. Following completion of remedial actions, the properry owoer/developer sball snbmit a letter confirming Chat the remedial actions were completed. (MM 3.~0-6) 11 The property owner/developer shall s~bmit a letter identifying the i'ublic Works cerCified archaeologist that has been hired to ensure that the following and ConstrucCion actions are implemented: Services a. The archaeologist must be present at the pregrading conference in order to establish procedares for temporarily halting or redirecting ', work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the azcbaeological observer shall deternvne appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educa6onal or research institution. c. Any archaeological work at the site shall be conducted under the direcCion of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. A final report detailing the findings and disposition of the specime~s shall be snbmitted to the City Engioeer. Upon compleC3on of the a ading, Che archaeologist shall noCify the City as to when the final report will be submitted. (MM 3.12-1) 12 The property owner/developer hall submit a letter identifying the Public Works certified paleontologist that has been hired to ensure that the and Construction following actions are implemented: Services a. The paleontologlsC must be present at the pregrading conference an ' order to establish procedures to temporarily halt or redirect work to permit ihe sampling, identificatioo, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacCS are upcovered and found to be significant, the paleontolo~ical observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an approgriate edncational or research insCitution. c. Any paleontological work at the site shall be conducked under the direcCion of the certified paleontologist. If any fossils are - 7 - PC2009-073 discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final reporC detailing the findings and disposition of the specimens shall be submitted. Upon completiou of the grading, the paleontologist shall notify the City as to when the final report will be submitted. (MM3.12-2) 13 A rough or precise grading plan prepared by a registered Civil Public Works Engineer shall be submitted to the City Engineer for review and Development approval. Services 14 The property owner/developer shall sabmit plans which detail the Planning lighting system For any parking facilities adjacent to residential or . light-sensitive uses. The systems shall be designed and maintained in such a manner as to conceal light sources to the extent feasible to minimize light spillage and glare to Che adjacent uses. The plans shaIl be prepared and signed by a liceosed electrical engineer, with a letter from the engineer stating that, in the opinion of the engineer, Yhis requirement has been met. (MM 3.11-5) 15 The location and configuration of all lighting fixtnres shall be shown Planning on plans for surface parking. All proposed surface parking area lighting fixtures shall be down-lighted witb a maacimam height of twelve (12) feet adjacenC Yo any residenCial properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines. All ligi~ting fixt~res, types and locations shall be identified on the plans submitted for grading permits. 16 All engineering requirements of Che City of Anaheim, includang Public Works preparation of improvemenC plans and anstallation of all Developme~t improvements such as curbs and gutters, sidewalks, water Pacilities, Services street grading and pavement, sewer and drainage facilities, or other appurtenant work sk~all be complied with as required by ttie Ciry Engineer and in accordaz~ce wiCh specifications o~ file in the Office of the City Engiueer, as may be modified by the City Engineer; and, Chat security in the form of a bond, certificate of deposit, letter of credit, completion guarantee, or cash, in an amount and Porm satisfactory to the City of Anaheim, shall be posted with the City to gaarantee Che saCisfacCOry completion of said improvements. Said security shall be posted with the City prior to the issuance of a grading permit, to guarantee Che instaflation of the related improvements prior ko final bailding and zoz~ing inspections. (Condition NQ. 35) 17 The property owner/developer shall s~bmit a landscape and imgatiQn Resort Services plan which shall be prepared and certified by a licensed landscape planning architect. The landscape plan shall include a phasing plan for the installarion and maintenance of landscaping associated with that building permit and shall be in conformance with the WaCer - 8 - PC2009-073 ! Efficiency Landscape Ordinance. The irrigation plan sball specify methods for moniYOring the irrigation ' system. The system shall ensnre that irrigation rates do not exceed ' the infiltration of local soils, that the application of fertilizers and pesCicides do not exceed appropriate levels of frequencies, and that surface runoff and overwatering is minimized. Tl~e landscape and imgation plans shall include water-conserving features such as low flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, rain sensors, soi~ moisture sensors, and other water-conservi~g equipment. In addition, all irrigation systems shall be designed so that Yhey will Punctian properly with reclaimed water, once a system is available. All landscape irrigat9on installed within futnre alCimate right-of-way shall be connected to a private water service. All Anaheim Resort Maintenance DasCrict uYilities locaeed in khe future ultimate right-of- way shall be protected an place. (MNi3.11-2) 18 Root and sidewallc barriers shall be provided for trees (with the Planning exceptioza of palm trees) within seven feet of a public sidewalk. 19 The property owner/developer shall submit plans to the Police Police Department for 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., circalatian, site planoi~g, and lighting of parking areas). (MM3.9.2-1) 20 The existing lane configuration (one ded'aaaCed left-tum lane, o~e Traffic shared throu~hlright-turn lane, and one dedicated right-turn lane) ' shall be maintained on the westbound expanded parking lot (SP-9) driveway exit approach, with the westbound right-tum lane being a minimum of 350 feet long. 21 '! Entry quening sball provide for at IeasC four entry lanes. At least TrafFic 1,100 feeC of vehicle storage shall be provided prior to the entry booths, to the satisfaction of the City Engineer. Plt'IOTt T01+"I NA~ BrJI~DING A117~I Zf~N~NG IIVSPL~'G~'I(11~'S BY THL FLAc~'NIN~ ': ; DEZ'flRTtl?EN T'AlltllFlNri~7~SFECTCONS$I''TFIE,i'CIIILIG;FYl~~IZKSDEI'A,RTMENT '. 22 All guest parking at the SP-9 parking lot shall be shutded to The Traffic Disneyland Resort via buses. An operation plan detailing routing, frequency and operation conditions shall be approved by the City Engineer. 23 A second westbound left-turn lane on Disney Way at Harbor Traffic Boulevard shall be installed to tl~e satisfaction of the City Engineer. - 9 - PC2009-073 24 Implement Adaptive Control Lite traffic signal operations, inclusive Traffic of software, desigra, installaYion and integration, aC five signals along Katella Avenue between Harbor Boulevard and Haster Street and on Harbor Boulevard between Convention Way and Disney Way, to Che ' satisfaction of the City Engineer. The property owner/develaper shal] not be responsible for the maintenance costs associated with these ' improvements. (M.M.3.3-1) 25 The applicant shall submit a letter from a licensed landscape architect Planning to the City certifying that the landscape installation and irrigation systems have been installed as specified in the approved la~dscaping and irrigation plans. (MM 3.7-5) 26 For the first phase, a 12 foot high block wall shall be installed Planning adjacent to the Red Lion Maingate along the north property line shall be installed. (~MM 3.5-4) 27 For the first phase, signs shall be posted at the entrance to the parking Planning lot waming against hom blowing and speeding. (MM 3.5-4) 28 For each phase, all paving shall be asphalt paving to minimize tire Planning squealing. (IvIM 3.5-4) ~ ~;.Y ~. ,~ : ; . ~. . . ~. ~ - ~ENERAL ._. ` ' °. ; , , ~.. <. ; , ,.., 29 The property owner/developer shall implement measures to reduce Traffic emissions to the extent practical, schedule goods movements for off- peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable. (MM 3.~-1) 30 The property owner/developer shall provide for the following: Streets and cleaning of all paved azeas not maintained by the City of Anaheim o~ Sanitation a monttily basis, including, but not limited to, private streets and pazking loCS. The use of water Co clean streets, paved areas, parking lots, and other areas and flushing the debris and sediment down the storm drains shall be prohibited. (MM 3.7-4) 31 The properCy owner/developer shall ensare that all intemal B~ilding combustion e~gines on construction equipment and trucks are fitted with properly maintained mufflers. (MM3.5-3) 32 If the Anaheim Police DeparCment or Anaheim T'raffic Management Police/Traffic Center (TMC) personnel are required to provide temporary traffic control services, the properCy owneddeveloper sl~all reimburse the City, on a fair share basis, if applicab3e, for reasonable costs associated with such services. (MM 3.3-7) - 10 - PC2009-073 33 The property owner/developer shall implemeAt standard practices for Public Wozks all applicable codes and ordinances to prevent erosion. (MM 3.6-6) Development Services 34 Engine noise from sweeping equipment used in any parking facilities Code located adjacent to residential areas shall be muffled. (MM3.5-6) Enforcement {verification of notes on plans) 35 Sweeping operations in the parking facilities and privaCe on-site Code roadways shall be performed utilizing sweeping/scrubbing equipment Enforcement which operate at a level measured not greater than 60 dBA at the nearest adjacent property line. 36 The new parking lot SP-9 will be implemented in phases in Planning accordance with the exk~ibiCS subzniCCed by Che applicant and labeled Exhibit Nos. 1-4 (Site Plans). For each phase, the property owner/developer shall submit a letter documenting how the plan complies with the co~ditions of approval and a site plan showing the parking lot area for review and approval by the Plann3ng Director as to conformance with this pernvt. 37 The property owner/developer may request approva] of an Planning environmenCal equivalent of a~y mitigation measore or modification to the timing of a mitigation measure which would have the same or superior resuk and effect on the environment. The Planning Director, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed environmental equivalent or modified timing of a mitigation measure and, if determined necessary, may refer said deCermination to the Planning Commission. Any costs associated with information required in order to make a determination of equivalency shall be borne by the property owner/developer. Staff time for reviews will be charged on a time and materials basis aY the rate in tbe CiCy's adopted fee schedule. - 11- PC2009-073