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PC 2009/03/02City of Anaheim Planning Commission Agenda Monday,March 2, 2009 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Joseph Karaki Chairman Pro-Tempore: Panky Romero Commissioners: Peter Agarwal, Kelly Buffa,Gail Eastman, Stephen Faessel,Victoria Ramirez Call To Order Implementation of SB 375 Workshop (Presented by Planning Staff)–1:00 P.M. Preliminary Plan Review 1:30 P.M. •Staff update to Commission on various City developments and issues (As requested byPlanning Commission) •Preliminary Plan Review for items on theMarch 2,2009agenda Recess To Public Hearing Reconvene To Public Hearing 2:30 P.M. Pledge Of Allegiance Public Comments Consent Calendar Public Hearing Items Commission Updates Discussion Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following planningcommission@anaheim.net e-mail address: H:\TOOS\PC Admin\PC Agendas\(03/02/09).doc Anaheim Planning Commission Agenda -2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Minutes ITEM NO. 1A Motion Receiving and approving the Minutes from the Planning Commission Meeting of January 5, 2009. Note: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department . ITEM NO. 1B Motion Receiving and approving the Minutes from the Planning Commission Meeting of January 21, 2009. Note: Meeting minutes have been provided to the Planning Commission and are available for review atthe Planning Department . ITEM NO. 1C Motion Receiving and approving the Minutes from the Planning Commission Meeting of February 18, 2009. Note: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department . 03/02/09 Page 2of 15 ITEM NO. 1D DEVELOPMENT AGREEMENT NO. 2007-00003– Staff Report FINAL ELEVATION PLANS (TRACKING NO. DAG2009-00001) New Correspondence Owner/ Joe Stasney Applicant: Kaiser Foundation Hospital 3400 East La Palma Avenue Anaheim, CA 92806 Location:3400 East La Palma Avenue: This property is approximately 27acres, with a frontage of 984 feet on the south side of La Palma Avenue and is located 225 feet east of the centerline of Miller Street. The applicant requests review of final elevation plans for a Project Planner: David See previously-approved Kaiser Hospital complex. dsee@anaheim.net Environmental Determination: Environmental Impact Report No. 2007-00337, which was previously certified, has been determined to serve as the appropriate environmental documentation for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). 03/02/09 Page 3of 15 Public Hearing Items: ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2008-05357 ANDStaff Report VARIANCE NO. 2009-04770 New Correspondence Owner: Orange County Conservation Corps The Rock Church 1853 North Raymond Avenue Anaheim, CA 92801 Applicant: Rick Fox 275 South Glassell Street Orange, CA 92866 Location:1853 North Raymond Avenue: This property is approximately0.68 acres, located at the northwest corner of North Raymond Avenue and Kimberly Avenue. Off-site parking would be provided on one property located at 101 East Orangethorpe Avenue which is approximately 2.65 acres, having a frontage of 400 feet along the north side of East Orangethorpe Avenue approximately 515 feet east the centerline of Lemon Avenue. Project Planner: Scott Koehm Request to permit a job training and educational facility for skoehm@anaheim.net at-risk youth in conjunction with a recycling and collection facility with fewer parking spaces than required by Code. Environmental Determination:A Negative Declarationhas been preparedwhich evaluates the potential environmental impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA). This item was continued from the February 2, 2009 Planning Commission meeting. 03/02/09 Page 4of 15 ITEM NO. 3 RECLASSIFICATION NO. 2009-00228 Staff Report Owner: Orange County Transportation AuthorityNew Correspondence (Parcel A) P.O. Box 14184 Orange, CA92863 Owner: City of Anaheim (Parcel B) 200 South Anaheim Boulevard Anaheim, CA 92805 Applicant: Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location:ParcelA–1750 Douglass Road: This property is approximately 13.56 acres, having frontagesof approximately 775 feet on the east side of Douglass Road and 390 feet on the south side of Katella Avenue. ParcelB–1790 Douglass Road: This property isapproximately 2.39 acres, having a frontage of 80 feet on the east side of Douglass Road,approximately 1,350 feet south of the centerline of Katella Avenue. The Planning Department requests approval to reclassify Project Planner: Susan Kim the OCTA-owned property from the Transitional (T) zone skim@anaheim.net andthe City-owned property from the Industrial (I) zone to the Semi-Public (SP) zone. Environmental Determination: Environmental Impact Report No. 330, which was previously certified, has been determined to serve as the appropriate environmental documentation for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). 03/02/09 Page 5of 15 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2008-05378 Staff Report Owner: Tomas RodriguezNew Correspondence 511 East La Palma Avenue Anaheim, CA 92801 Applicant: Leon Alexander 558 South Harbor Boulevard Anaheim, CA 92805 Location:511 East La Palma Avenue: This property is located at the northeast corner of Sabina Street and La Palma Avenue, with frontages of 224 feet on the east side of Sabina Street and 190 feet on the north side of La Palma Avenue. The applicantproposes automobile repair, auto body and Project Planner: David See painting, atowing and impound yard,outdoor vehicular dsee@anaheim.net storage and indoor vehicular storagein an existing warehouse building. Environmental Determination:The proposed actionis categorically exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities). 03/02/09 Page 6of 15 ITEM NO. 5 AMENDMENT TO VARIANCE NO. 447 Staff Report (TRACKING NO. 2008-04766) New Correspondence Owner: Gabriel Morales 300 South East Street Anaheim, CA 92805 Applicant: Steve Lazerson 13854 East Whittier Boulevard Whittier, CA 90605 Location:300South East Street: This property is approximately 0.28-acre, and is located at the southeast corner of East Street and Broadway, with frontages of 101 feet on the east side of East Street and 127 feet on the south side of Broadway. The applicant requeststo reinstate a previously-approved Project Planner: David See variance for an existing gasoline service station with dsee@anaheim.net accessory automobile repair and amend the permit to delete a condition of approval pertaining to a time limitation. Environmental Determination:The proposed actionis categorically exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities). 03/02/09 Page 7of 15 ITEM NO. 6 VARIANCE NO. 2008-04768 Staff Report Owner: Trinh LecongNewCorrespondence Picadilly Anaheim Affordable Homes, LLC 1291 Puerta del Sol, Suite 200 San Clemente, CA 92673 Applicant: Loren Sandberg LGS Engineering 628 North Eckhoff Orange, CA Location:9221 –9241 Picadilly Way: These two properties have a combined area of 0.29 acres, with afrontage of 164 feet on the north side of Picadilly Way, 461 feet northwest of the centerline of Braeburn Street. The applicantrequests a deviation in front yard setback and Project Planner: David See sound attenuation requirements to construct two new single dsee@anaheim.net family homes adjacent to the 91 Freeway. Environmental Determination:The proposed action is categorically exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 3 (New Construction). 03/02/09 Page 8of 15 ITEM NO. 7 CONDITIONAL USE PERMIT NO. 2008-05398 Staff Report Owner: Beth EmetTempleNew Correspondence 1770 West Cerritos Avenue Anaheim, CA 92804 Applicant: Jason Kozora Omnipoint Communications and Trillium Consulting 3 MacArthur Court, Suite 1100 Santa Ana, CA92707 Location:1770 West Cerritos Avenue: This property is approximately 4.7 acres, having a frontage of 340feet on the southside of Cerritos Avenue, approximately 522 feet east of Old Fashion Way. The applicant proposes to install a telecommunications Project Planner: Kimberly Wong facility disguised as a palm tree with a height of 50 feet kwong2@anaheim.net where 30 feet is permitted by Code. Environmental Determination: A Negative Declaration has been prepared which evaluates the potential environmental impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA). 03/02/09 Page 9of 15 ITEM NO. 8 CONDITIONAL USEPERMIT NO. 2008-05399 Staff Report REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00054 New Correspondence Owner: Abdul Aziz 22365 Birds Eye Drive Diamond Bar, CA 91765 Applicant: Binh Lam 1671 West Katella Avenue, Suite 135 Anaheim, CA 92802 Location:1671 West Katella Avenue, Unit 135: This property is approximately 0.79acre,having a frontage of 106 feet on the northside of Katella Avenue,approximately 283 feet east of Euclid Street. The applicant proposesto establish a convenience market Project Planner: Kim Wong in an existing commercial building with a Type 21 (off-sale kwong2@anaheim.net general) ABC license for the sales of beer, wine and distilled spirits for off-premises consumption. Environmental Determination:The proposed action is categorically exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities). 03/02/09 Page 10of 15 ITEM NO. 9 GENERAL PLAN AMENDMENT NO.2008-00470Staff Report SPECIFIC PLAN AMENDMENT NO. 2008-00055 MISCELLANEOUS CASE NO. 2009-00297New Correspondence CONDITIONAL USE PERMIT NO. 2009-05403 VARIANCE NO. 2008-04761 FINAL SITE PLAN NO. 2008-00004 REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00056 REQUEST FOR COUNCIL REVIEW OF ALL ACTIONS Owner: Zaby’s LP 444 West Katella Avenue Anaheim, CA92802 Applicant: Lake Development, Anaheim, LLC 20241 Southwest Birch Street, Suite 102 Newport Beach, CA 92660 Location:Hotel Project -1820 South Harbor Boulevard: This property is approximately 2.45 acres, having frontages of 202 feet on the east side of Harbor Boulevard and 540 feet on the south side of Katella Avenue. Specific Plan Amendment No. 2008-00055 and Miscellaneous Case No. 2009-00297 apply to 1820 South Harbor Boulevard and other properties in the Anaheim Resort Specific Plan Zone. Theapplicant proposes to construct a nine-story, 252-room Project Planner: Elaine Thienprasiddhi hotel with 75,593 square feet of supporting retail, spa, ethien@anaheim.net nightclub, lounges, restaurants, conference/meeting rooms and hotel offices. Proposed actions includethe following: General Plan Amendment No. 2008-00470 -Request to amend the text in the General Plan Land Use Element to reflect a new density category created for the Commercial Recreation District of the Anaheim Resort Specific Plan. The new density category will be called “Low Medium Density (Modified)” and would accommodate the additional square footage of accessory uses proposed with the hotel. 03/02/09 Page 11of 15 Specific Plan Amendment No. 2008-00055 - Request to amend the Anaheim Resort Specific Plan to add the “Low Medium Density (Modified)” density category, modifications to the Central Core and Special Intersection Landscape Treatment to allow special landscape and hardscape treatments at the corner of Harbor Boulevard and Katella Avenue, and modifications to the sign code to allow a greater number and larger signs thancurrently permitted by Code for hotels and accessory retail, allow a changeable copy sign for a hotel when not visible from street level subject to approval of a conditional use permit, allow murals subject to approval of a conditional use permit and allow multi-tenant signsintegrated with the buildingarchitecture inlieu of a freestanding monument sign subject to approval of a conditional use permit. Amendment to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009- 00297) -Request to amend this program to allow special landscape treatment and sculptural urban design elements and require special hardscape treatment withinthe public right-of-way at the intersection of Harbor Boulevard and Katella Avenue; Conditional Use Permit No. 2009-05403 -Request to permit a nightclub, health spa, murals visible to the public right-of-way, two changeable copy signs not visible from street level, multi-tenant signs integrated with the building architecture and projecting signs. Variance No. 2008-04761 -Request to allow smaller interior setbacks and fewer parking spaces than permitted by code. Final Site Plan No. 2008-00004 -Request for approval of a Final Site Plan for the development of 252-room hotel and 75,596 square feet of accessory uses. PCN2009-00056 -Request for determination of public convenience or necessity to permit alcohol sales for a nightcluband sales of beerandwine at a retail store for off-premises consumption. Environmental Determination: A Mitigated Negative Declaration has been prepared to evaluate the potential environmentalimpacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA). 03/02/09 Page 12of 15 Adjourn to Monday, March 16, 2009at 1:30 P.M. for Preliminary Plan Review 03/02/09 Page 13of 15 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 6:00 p.m.February 26, 2009_ (TIME)(DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE ANDCOUNCIL DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department’sAutomated Telephone System at (714) 765-5139. 03/02/09 Page 14of 15 S C H E D U L E 2009 March 16 March 30 April 13 April 27 May 11 May 27 (Wed) June 8 June 22 July 8 (Wed) July 20 August 3 August 17 August 31 September 14 September 28 October 12 October 26 November 9 November 23 (cancelled) December 7 December 21 (cancelled) 03/02/09 Page 15of 15 ûèèûùôï÷îèîí øû éì øû ûçèí ê÷ìûóê ûçèí ê÷ìûóê éì øû éïûððóîø öóêïé éì éì èô÷ùêíééóîõ øû ùíîøíé øç çîø÷êùíîéè éì êùð éì êùð øû ùçì ùçì èøûõ èøûõ øûõ ÷óê éì éìî øû éìî ñûóé÷êôíéìóèûð éì çîø÷êùíîéèê øû éïûðð óîø öóêïé éì øû éïûððóîø öóêïé öêãé ÷ð÷ùèêíîóùé ûððìêíì÷êèó÷éûê÷óîèô÷ûðìôûîíêèô÷ûéèûê÷ûê÷ø÷æ÷ðíìï÷îèûê÷û ïÛÊÙÔ éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø×Æ×ÐÍÌÏ×ÎÈûÕÊ××Ï×ÎÈîÍ èÊÛÙÑÓÎÕîÍøûõ ÷ÛÉÈðÛìÛÐÏÛûÆ×ÎÇ× ïÛÊÙÔ éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø×Æ×ÐÍÌÏ×ÎÈûÕÊ××Ï×ÎÈîÍ èÊÛÙÑÓÎÕîÍøûõ ÷ÛÉÈðÛìÛÐÏÛûÆ×ÎÇ× ßÌÌßÝØÓÛÒÌ ÒÑò î ×ÌÛÓ ÒÑò ë ÐÔßÒÒ×ÒÙ ÝÑÓÓ×ÍÍ×ÑÒ ßÙÛÒÜß ÎÛÐÑÎÌ City of Anaheim PLANNING DEPARTMENT ÜßÌÛæÑÝÌÑÞÛÎ ïëô îððé ÚÎÑÓæÐÔßÒÒ×ÒÙ Ü×ÎÛÝÌÑÎ ÍËÞÖÛÝÌæÛÒÊ×ÎÑÒÓÛÒÌßÔ ×ÓÐßÝÌ ÎÛÐÑÎÌÒÑò îððéóððííé ÜÛÊÛÔÑÐÓÛÒÌ ßÙÎÛÛÓÛÒÌÒÑò ÒÑò îððéóððððí Éß×ÊÛÎ ÑÚ ÝÑÜÛ ÎÛÏË×ÎÛÓÛÒÌ ÝÑÒÜ×Ì×ÑÒßÔ ËÍÛ ÐÛÎÓ×Ì ÒÑò îððêóðëïìê ÍÐÛÝ×Ú×Ý ÐÔßÒ ßÓÛÒÜÓÛÒÌ ÒÑò îððéóðððìè ÌÛÒÌßÌ×ÊÛ ÐßÎÝÛÔ ÓßÐ ÒÑò îððéóïçë ÔÑÝßÌ×ÑÒæ 3400–3450 East La Palma Avenue. ßÐÐÔ×ÝßÒÌñÐÎÑÐÛÎÌÇ ÑÉÒÛÎæ The applicant and property owner is Kaiser Foundation Hospitals. ÎÛÏËÛÍÌæ Theapplicant proposesto construct a 1.2 million square foot hospital campus in three phases on the subject. The requested entitlements include a development agreement between Kaiser Foundation Hospitals and the City of Anaheim, a specific plan amendment to adjust the boundaries of the Northeast Area Specific Plan (SP 94-1), a conditional use permit to permit a hospital campuswith building heights in excess of 100 feet, a reduced landscaped setbackalong the Riverside Freeway, and a tentative parcel map to combine nine parcels into one parcel. ÎÛÝÑÓÓÛÒÜßÌ×ÑÒæ Staff recommends that the Commission take the following actions: (a)By motion,recommend that the City Council certify Environmental Impact Report No. 2007-00337, including adoption of a Statementof Findings of Fact, a Statement of Overriding Considerations and Mitigation Monitoring Program No. 147. (b)By resolution, recommend that the City Council approve Development Agreement No. 2007-00003. (c)By motion, approve waiver of landscaped setbackadjacent to the SR-91freeway and accept the applicant’s request to withdraw the landscape setback waiver on La Palma Avenue. (d)By resolution, approve Conditional Use Permit No. 2006-05146 200 S. Anaheim Blvd. Suite #162 (e)By resolution, approve Specific Plan Amendment No. 2007-00048. Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net DEVELOPMENT AGREEMENT NO. 2007-00003 October 15, 2007 Page 2of 5 (f)By resolution, approve Tentative Parcel Map No. 2007-195. ÞßÝÕÙÎÑËÒÜæ The27-acre subject property is currently developed with two vacant industrial buildings and a self storage facility. The propertyis located in the Northeast Area Specific Plan, La Palma Core and Transit Core areas (SP 94-1, D.A.3 and 4).The General Plan designates thispropertyfor Institutionalland uses.The Riverside Freeway (SR-91) is located to the southof the property.A Frye’s electronics store is located west of the property and six industrial properties are located to the east.The property is located within the Merged Redevelopment Area. ÐÎÑÐÑÍßÔæ The applicant proposes to develop the site with a master planned campus focused on health care services, which would include a hospital with up to 360 beds, administrative offices, three medical officebuildings, a central utility plant, accessory retail areas, andtwo parkingstructures.The new hospital will replace the existing facility at 441 North Lakeview Avenue in Anaheim. The applicant proposes to retain the Lakeview facility for ancillary medical and administrative offices. The proposed site would contain approximately 1.2 million square feet of total building areaat final build out, and 3,782 parking spaces provided through a combination of surface lots and two parking structures.The proposed project will be developed in three phases. Phase I consists of amedical office building and surface parking, and is expected to be occupied by spring of 2009. Phase II includes a professional office building, hospital with 260 beds, centralutility plant, and a 6-story parking structure. Phase II is expected to be occupied by summer of 2014.Phase III consists of a medical office building, expansion of the hospital to add 100beds, and a second parking structure. Occupancy for Phase III is expected by 2020. Lastly, the applicant proposes a Development Agreement fora period of 25 years; a more detailed analysis of the development agreement is providedbelow. Please refer to theproject summary and phasing plan chartsattached to the staff report for project details(Attachment No. 1). ßÒßÔÇÍ×Íæ The proposed medical office campus complies with Code with the exception of the requested waiver relating tothelandscape setbackadjacent to the freeway.(The waiver pertaining to landscape setback adjacent to La Palma Avenue was withdrawn by the applicant subsequent to advertisement.)A conditional use permit is being requested to exceed the 100 foot building height limitationand to permit a hospitalin the Transit Core zone. The project will implementthe existing General Plan land use designation of Institutional.However, a Specific Plan Amendment is needed to create consistent zoning for the site. DEVELOPMENT AGREEMENT NO. 2007-00003 October 15, 2007 Page 3of 5 ×«»æ Ð®±°±»¼ Ø»·¹¸¬ TheTransit Core zone permits a maximum building height of 100 feet. This height limit may be exceeded through a conditional use permit process. A conditional use permit is being requested to allow a6-story hospital building at a maximum height of 107 feet. The proposed mass and scale of the buildingisappropriate in the Canyon Business Center, and would also provide an attractive master planned medical campus adjacent to the freeway; therefore, staff supportsthe building heightas proposed. ×«»æ Ð®±°±»¼ Ü»ª»´±°³»²¬ ß¹®»»³»²¬ To reduce the economic risk of development, provide certainty in the approval of the project, and encourage and provide for the development of public facilities related to the project, the applicant proposes a Development Agreement between the City of Anaheim and Kaiser Foundation Hospitals for a period of 25 years. The development agreement includes several public benefits, includinga payment of two million dollarstowards the construction of various improvements serving the Anaheim Canyon Metrolink Station, participation in the City’s Workforce Investment Program, commitment to purchase electrical power exclusively from the City, and participation in the City’s Transportation Network Program. The agreement includes provisionsto ensure that significant public benefits are provided to the City and the surrounding community. Staff recommends approval of the proposed development agreement. ×«»æ Û²ª·®±²³»²¬¿´ ·³°¿½¬ AnEnvironmental Impact Report(EIR),Statement of Findingsof Fact, Statement of Overriding Considerations(SOC), and Mitigation Monitoring Program(MMP)havebeen prepared by an independent environmental consultant to address environmental impacts associated with the project. The EIR identifies three significant unavoidable adverse impacts related to the project. These impacts include air quality emissions which would exceed South Coast Air Quality Management District’s regional operational thresholds, noise caused by emergency vehicle sirens and construction equipment, and traffic volumes in the area’s roadways. While the MMP includes mitigation measures to reduce the level of impacts, these impacts would remain significant, unavoidable, and adverse after mitigation measures are applied. A SOC was prepared toaddress these unavoidable impacts. The SOC contains specific reasons to balance the benefits of the project against the unavoidable environmental risks. In general, these benefits include the construction of a state-of-the-art medical facility to provide for the medical care of a growing number of residents in the City of Anaheim and surrounding communities, as well as the attraction of quality health care professionals in the Canyon Business Center, and these benefits would outweighthe unavoidable environmental impacts. DEVELOPMENT AGREEMENT NO. 2007-00003 October 15, 2007 Page 4of 5 ×«»æ Ð®±°±»¼ Í°»½·º·½ Ð´¿² ß³»²¼³»²¬ The property is located in two development areaswithinthe Northeast Area Specific Plan.The westerly 12 acres are located in the La Palma Core and the easterly 15 acres are located in the La Palma Core. The applicant requests anadjustment ofthe boundaries to incorporate the entire property into the Transit Core Area. The purpose of the adjustment is to create one consistent zoning for the developmentand to permit a higher floor area ratioof 0.99 as allowed in the Transit Core.The La Palma Core permits alower maximum floor area ratio of 0.6. The Transit Core Area permits hospitals subject to approval of a conditional use permit. The proposed zoning would implement the General Plan designation of Institutional for the propertyand would create one consistent zoning for the property with an appropriate floor area ratio to accommodate the project. The proposed zoning is also compatible with the zoning of properties to the north, east, and west.Therefore, staff recommends approval of the specific plan amendment request. ×«»æ Ô¿²¼½¿°»¼ »¬¾¿½µ ¿¼¶¿½»²¬ ¬± ¬¸» Î·ª»®·¼» Ú®»»©¿§ øÍÎóçï÷ Code requires a 30foot landscape setback adjacent to the SR-91 Freeway. The applicant proposesa landscapesetback rangingfrom 10to 100feet.The portion of the landscape planter that isonly 10 feet wide isadjacent to Grove Street where emergency and delivery vehicles would access the property from the rear. A 30 foot wide planter cannot be provided in this area since Grove Street abuts the freeway and the driveway needs to be aligned with the Grove Street right-of-way; therefore, there is not enough physical space to provide a planter adjacent to the freewaywhile maintaining safe and efficient ingress and egress for emergency and service vehicles.The landscape plan indicates more trees than requiredby code, an overall average planter width exceeding code requirements,and a mixture of landscape plantsto compensate for the reduction in depthadjacent to the emergency vehicle driveway.Staff believes that there are special circumstances that pertain to the property because of the current alignment of Grove Street;therefore, staff recommends approval of this waiver. ×«»æ Þ«·´¼·²¹ ß®½¸·¬»½¬«®» Staff has concerns regarding the proposed architecture given this property’s highly visible location.Staff believes it is extremely important for the buildingsto be well articulated in a manner that is consistent with the Community Design Element of the General Plan.It is important for the buildingsto be designed to include a visible main entrance, a complementary range of building colors and materials, breaks in the vertical and horizontal building lines, and integration of theroof screen intothe design of the building.These comments have been provided to the applicant, but they could not be addressed in time for this meeting.The applicant would like to proceed with these applicationsand require revisedelevationsto be subject to future review by the Commission if the Commission shares staff’s concerns. DEVELOPMENT AGREEMENT NO. 2007-00003 October 15, 2007 Page 5of 5 In conclusion, staff is supportive of this request to construct ahospital campus because it would be compatible with adjacent land uses in the areaandwould also create a distinctive employment setting in the Canyon Areain a manner that showcases an attractive master planned campus adjacent to the freeway.The project would also redevelop and improve underutilized industrial parcelswith a modern, updated, full service medical facility to support the needs of the residents of Anaheim and surrounding communities. Respectfully submitted,Concurred by, Acting Principal PlannerPlanning Director ß¬¬¿½¸³»²¬æ 1.Project Summary/ Phasing Plan 2.Justification of Waiver Form 3.Draft Development Agreement 4.Draft Development Agreement Resolution 5.Draft Conditional Use Permit Resolution 6.Draft Specific Plan Amendment Resolution 7.Draft Environmental Impact Report Resolution 8.Draft Tentative Parcel Map Resolution 9.Mitigation Monitoring Plan 10.EIR Findingsof Fact/Statement of Overriding Consideration 11.EIR Response to Comments ßÌÌßÝØÓÛÒÌ ÒÑò î ÐÎÑÖÛÝÌ ÍËÓÓßÎÇ ÜÛÊÛÔÑÐÓÛÒÌ ßÙÎÛÛÓÛÒÌ ÒÑò îððéóððððí Ü»ª»´±°³»²¬ Í¬¿²¼¿®¼Ð®±°±»¼ Ð®±¶»½¬Üòßò ì Æ±²»Í¬¿²¼¿®¼ Site Area27.5AcresN/A Parking3,782spacesParking Study Landscaping Setback: Adjacent to La Palma20feet20feet Adjacent to SR-9110-100* feet30feet Interior15-28feet0 feet Building Setback: Adjacent to La Palma20feet20feet Adjacent to SR-91125feet100feet Interior15-28feet0feet Floor Area Ratio0.991.0 94 feet (office) Building Height100 feet** 107feet(Hospital) *Waiver requested **Buildings higher than 100 feet may be approved by CUP ÐØßÍ×ÒÙ ÐÔßÒ ÐØßÍÛ ï øÛ¨°»½¬»¼ ±½½«°¿²½§îððç÷ Þ«·´¼·²¹Í¯ò Ú¬òÒ±ò ±º ¬±®·» Medical Office Building (MOB)118,5004 ÐØßÍÛ î øÛ¨°»½¬»¼ ±½½«°¿²½§îðïì÷ Þ«·´¼·²¹Í¯ò Ú¬òÒ±ò ±º ¬±®·» Professional Office Building (POB) 180,0006 (Admin. offices / MOB) Hospital –First Phase 433,0006 260beds Parking Structure 681,1026 1,968spaces Central Utility Plant44,6941 ÐØßÍÛ í øÛ¨°»½¬»¼ ±½½«°¿²½§îðîð÷ Þ«·´¼·²¹Í¯ò Ú¬òÒ±ò ±º ¬±®·» MOB100,0006 MOB120,0006 Hospital –Second Phase200,0006 100 beds Parking Structure 550,4646 1,716 spaces ÌÑÌßÔ ÞË×ÔÜóÑËÌ Þ«·´¼·²¹Í¯ò Ú¬ò MOB338,500 POB180,000 HOSPITAL633,000 CENTRAL UTIL. PLANT44,694 TOTAL1,196,194 s.f. PARK. STRUCTURES1,231,566 s.f. ßÌÌßÝØÓÛÒÌ ÒÑò ï º,®³ rick fox, architect carol tink-fox, architect providing constructive solutions A Division of Fox Group Architects, Inc. February 12, 2009 Scott Koehm Associate Planner AnaheimPlanning Department Planning Services 200 South Anaheim Boulevard, Suite 162 Anaheim, CA 92805 RE:Orange County Conservation Corps Conditional Use Permit #2008-05375 The Orange County Conservation Corps would like to request a continuance for their Conditional Use Permit Public Hearing from March 2, 2009to March 30, 2009. I am preparing the requested documents required to move forward without public hearing and will submit them as soon as possible. Please contact me if you have any questions or concerns. Thank you. Joshua Smith Í¬®¿¬± Ú±®³ 275 S. Glassell Street Orange, CA 92866 714.628.0777 08-08_LetterofContinuance_2_021209 Page 1 of 1 275 south glassell street orange, california 714.628.0777 fax 714.628.0797 ûèèûùôï÷îèîí ìêìèïç èìèïç ìûêñóîõ ìêìèïç ìûêñóîõ ôíîøûù÷îè÷êìûêñóîõ óìèïç ûê÷îû ìðûâû óìèïç ûãê÷éôíè÷ð ìêíì÷êèãû èìèïç êùð óìèïç êùð éìíêèé õìû õûðð÷êã ïóéûøì ùíïï÷êù÷îè÷ê íùöùø ìêíì÷êèãú èìèïç êùð êùð õìû ïóéûøì íùöùø û×ÊÓÛÐìÔÍÈÍ ûÌÊÓÐ ïÛÊÙÔ éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ê×ÙÐÛÉÉÓÖÓÙÛÈÓÍÎîÍ ìÊÍÌ×ÊÈÃû éÍÇÈÔøÍÇÕÐÛÉÉêÍÛØ ìÊÍÌ×ÊÈÃú éÍÇÈÔøÍÇÕÐÛÉÉêÍÛØ ìêíì÷êèãû ìêíì÷êèãú û×ÊÓÛÐìÔÍÈÍ ûÌÊÓÐ ïÛÊÙÔ éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ê×ÙÐÛÉÉÓÖÓÙÛÈÓÍÎîÍ ìÊÍÌ×ÊÈÃû éÍÇÈÔøÍÇÕÐÛÉÉêÍÛØ ìÊÍÌ×ÊÈÃú éÍÇÈÔøÍÇÕÐÛÉÉêÍÛØ [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2009-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT PREVIOUSLY-CERTIFIED EIR NO. 330 IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THIS REQUEST AND APPROVING RECLASSIFICATION NO. 2009-00228 (1750 AND 1790 SOUTH DOUGLASS ROAD) WHEREAS, the City of Anaheim Planning Department did initiate a Reclassification on certain real propertiessituated in theCity of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, these properties consist of property owned by the Orange County Transportation Agency (OCTA) andproperty owned by the City of Anaheim (City); and WHEREAS the OCTA property(1750 South Douglass Road)is currently used by the County of Orange as a maintenance facilityand is in the Transitional (T)zonewith a General Plan land use designation ofInstitutional; and WHEREAS the City property(1790 Douglass Road)is currently used for temporary construction storageand is in the Industrial (I) zonewith a General Plan land use designation of Institutional; and WHEREAS, the City of Anaheim Planning Department hasrequested approval of a Reclassification to reclassify said propertiesfrom theTransitional (T)zone and the Industrial (I) zone to the Semi-Public (SP)zone, consistent with the General Plan land use designation of Institutional;and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onMarch 2, 2009at 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 “Procedures”, to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith;and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.That reclassification of the subject propertiesfrom theTransitional (T) zone and the Industrial (I)zone to the Semi-Public (SP) zonewould be consistent with the properties’ existing Institutional land use designation onthe General Plan. 2.That the proposed reclassification of subject propertiesis necessary and/or desirable for the orderly and proper development of the community. -1-PC2009-*** 3.That***indicated their presence at said public hearing in opposition; and that ***correspondence was received in opposition tosubject petition. NOW, THEREFORE, BE IT RESOLVEDthat the Anaheim City Planning Commission has reviewed the proposal and does hereby find that this activity is within the scope of Environmental Impact Report (EIR) No. 330, a program EIR approvedin 2004 for the comprehensive update of the City’s General Plan and Zoning Code, and that saidprogram EIR adequately describes the activity for the purposes of CEQAto serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby unconditionally approve the subject Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described propertiesfrom the Transitional (T) zone and the Industrial (I) zone and to incorporate said described propertiesinto the Semi-Public (SP) zone. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council atits sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 2,2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appealprocedures and may be replaced by a City Council Resolution in the event of an appeal. _____________________________________________ CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: ______________________________________________________ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2-PC2009-*** 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 March 2,2009, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this ______day of March,2009. ______________________________________________________ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3-PC2009-*** -4-PC2009-*** ûèèûùôï÷îèîí ó è éè÷ìôûî ó êûãïíîø ùô÷ïóùûð ó ûììðó÷øìíå÷ê ê÷èûêøóîõ ôíúúéèêçùñóîõ ùíîù÷ìèé úûéóî êï øç÷ûùô ó éïûððóîøçéèêóûð ó öóêï êï ó ó ó éïûððóîøçéèêóûð ùóèã éïûððóîøçéèêóûð öóêïé éçúéèûèóíî öóêïé êï ðûéìûðïûé ó ûìûêèï÷îèé ó ùçì øç æûê æûê ó éïûððóîø íì÷î öóêïé éìûù÷ ùÍÏÏ×ÊÙÓÛÐ óÎØÇÉÈÊÓÛÐîÍÊÈÔù×ÎÈÊÛÐûÊ×Û ê×Ø×Æ×ÐÍÌÏ×ÎÈìÊÍÒ×ÙÈûÊ×Û ïÛÊÙÔ éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ ÷ÛÉÈðÛìÛÐÏÛûÆ×ÎÇ× ïÛÊÙÔ éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ ÷ÛÉÈðÛìÛÐÏÛûÆ×ÎÇ× [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2009-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTIONAND APPROVING CONDITIONAL USE PERMIT NO.2008-05378 (511 EASTLA PALMA AVENUE) WHEREAS, the AnaheimCityPlanning Commission did receive a verified Petition for Conditional Use Permit to permit automobile repair, auto body and painting, a towing and impound yard, outdoor vehicular storage, and indoor vehicular storage in an existing warehouse building oncertain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit “A”, attachedhereto and incorporated herein by this reference; WHEREAS, theproperty proposed for automobile repair, auto body and painting, atowing and impound yard, outdoorvehicular storage, and indoor vehicular storage is currently developed with a21,000 square foot warehouse buildinglocated in the Industrial (I)zone and the Merged Redevelopment Project Areaand the property is designated as Industrialon the Cityof Anaheim General Plan; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onMarch2, 2009, 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 conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.Thatanautomotive repair and modification use inthe Industrial(I) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section18.10.030.010(Automotive –Repair and Modification). 2.That the automotive repair and modification usewould not adversely affect the adjoining industrial land uses and the growth and development of the area in which it is proposed to be locatedbecause the property is currently improved withawarehouse andall work related to the vehicle modification would be conducted indoorsand screened from public view by 6-foot high fencing around the perimeter of the property. 3.That the size and shape of the siteis adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the publicbecausethe property is currently improved with awarehouse building and 46parking spaces. Code requires a total of 44spaces for the proposed use; therefore, the parking supply will exceed Code by 2spaces. -1-PC2009-*** 4.That the traffic generated by thebusiness would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the areabecausethe number of cars and trucks entering and exiting the site are consistent with typical industrial businessesthat would be permitted as a matter of right within the Industrial zone. 5.That *** indicated their presence at said public hearing in opposition; and that ***correspondence was received in opposition to the subject petition. WHEREAS, theproposed project falls within the definition ofCategorical Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission,for the reasons hereinabove stated,does herebyapprove Conditional Use Permit No. 2008-05378 subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this referencewhich are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health,safetyand general welfareof the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 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 FURTHER RESOLVED that the applicantis responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. 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 March2, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, “Zoning Provisions –General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2-PC2009-*** STATE OF CALIFORNIA) COUNTY OF ORANGE) ss. CITY OF ANAHEIM) I, Grace Medina, Senior Secretary of the AnaheimCityPlanning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March2, 2009, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this _________ day of March, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3-PC2009-*** -4-PC2009-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2008-05378 RESPONSIBLE FOR NO.CONDITIONS OF APPROVAL MONITORING WITHIN 120 DAYS OF THE DATE OF THIS RESOLUTION 1The existing barbed wire shall be removed from the Planning chain link fencing adjacent to La Palma Avenueand Sabina Street. 2The wall signs on the south building wall facing La Planning Palma Avenue shall be removed and replaced with new signage in conformance with Zoning Code requirements. GENERAL CONDITIONS 3Trash storage areas shall be provided and maintained in Planning, a location acceptable to the Public Works Department Public Works and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. 4Parking inside Buildings1and 2in conjunction with the Planning automotive storage shall comply with City standards including minimum stall dimensions, back-up and drive aisle widths. 5Storage of impounded vehicles shall be permitted in Planning Building 2as designated on Exhibit No.2.If the storage of impounded vehicles is expanded into Building 1, a revised site and floor plan shall be submitted to the Planning Department for review and approval to ensure adequate circulation on the site. Additional parking is not required for this vehicle storage expansion provided that there is no expansion of office space. The storage of impounded vehicles or any other vehicles being stored on the property shall not occur withinany required parking space, whether said required parking space is inside or outside a building. 6On-going during project operation, under no Code Enforcement circumstances shall vehicles be unloaded or loaded on any public right-of-way nor shall any vehicles beparked or staged on said streets. -5-PC2009-*** 7Automotive repairs, modifications, body work, painting Code Enforcement or other automotive-related activities shall be limited to only the service bays and shall not be conducted on any vehicles parked in required parking spaces inside the building or in designated parking areas on the property. 8Vehicle parts or materials shall be stored insidethe Code Enforcement buildingsonly. 9Gates shall not be installed across any driveway in a Public Works manner which may adversely affect vehicular traffic in the adjacent public streets. 10The applicant shall monitor the area under their control Police, in an effort to prevent the loitering of persons about the Code Enforcement premises. 11Parking lots, driveway, circulation areas, aisles, Police, passageways, recesses and ground contiguous to Code Enforcement buildings, shall be provided with lighting of a minimum one (1) foot candlepowerto illuminate andmake 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 onsite. 12The property shall be permanently maintained in an Code Enforcement orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within two business days from the time of discovery. 13That timing for compliance with conditions of approval Planning may be amended by the 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. 14The subject property shall be developed substantially in Planning accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department Exhibit Nos. 1 (Site Plan)and 2 (Floor Plan) and as conditioned herein. -6-PC2009-*** 15Approval of this application constitutes approval of the Planning proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -7-PC2009-*** ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ï ÎÓóí ÌóÊßÎ îððèóðìéêê ÌóÊßÎ îððíóðìëçï ÊßÎ îððïóðììïì ÊßÎ ììé ßÜÖ ïìé ÍÛÎÊ×ÝÛ ÍÌßÌ×ÑÒ ðëðïðð Ú»»¬ Ó¿®½¸ îô îððç Í«¾¶»½¬ Ð®±°»®¬§ Ê¿®·¿²½» Ò±ò ììé Ì®¿½µ·²¹ Ò±ò ÊßÎîððèóðìéêê íðð Í±«¬¸ Û¿¬ Í¬®»»¬ ïðéïï ßÌÌßÝØÓÛÒÌ ÒÑò ï ðëðïðð Ú»»¬ Ó¿®½¸ îô îððç Í«¾¶»½¬ Ð®±°»®¬§ Ê¿®·¿²½» Ò±ò ììé Ì®¿½µ·²¹ Ò±ò ÊßÎîððèóðìéêê íðð Í±«¬¸ Û¿¬ Í¬®»»¬ ïðéïï [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2009-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND APPROVING A REINSTATMENTOFVARIANCENO.447,ANDAMENDING CERTAINCONDITIONS OF APPROVAL OFRESOLUTIONNO.3043 (TRACKING NO. VAR2008-04766) (300 SOUTH EAST STREET) WHEREAS, on December 20, 1955, the Anaheim City CounciladoptedResolution No. 3043grantingVariance No. 447to construct a gasoline service station at 300 South East Street; and WHEREAS, on October 13, 1997, the Anaheim City Planning Commission initiated a public hearing to consider modification or revocation of Variance No. 447 after the Planning Department received numerous complaints regarding this service station and issued numerous Code Enforcement Notices of Violation; and on March 16, 1998, the Planning Commission, by its Resolution No. PC98-32, amended, in its entirety, the conditions of approval of the above mentioned Resolution No. 3043 including a time limitation whereby the gasoline service station with accessory automotive repair was permitted for a period of three (3) years to expire on March 16, 2001; and WHEREAS, on February 12, 2001, the Planning Commission, by its Resolution No. PC2001-22, reinstatedVariance No. 447 to retain the gasoline service station with accessory automotive repair for a period of three (3) years; and the Planning Commission further amended the conditions of approval in Resolution No. 3043, as amended by Resolution PC98-32; and WHEREAS, on January 12, 2004, the Planning Commission, by its Resolution No. PC2004-4, reinstatedVariance No. 447 to retain the gasoline service station with accessory automotive repair for a period of five (5) years, to expire on March 16, 2009; and the Planning Commission further amended the conditions of approval in Resolution No. 3043, as amended by Resolution Nos. PC98-32 and PC2001-22; and WHEREAS, this property is currently developed withagasoline service station and accessory automobile repair facility;the underlying zoning is MultipleFamily Residential (RM-3) Zone and the Anaheim General Plan designates this property for Low Medium Density Residential land uses;and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a reinstatement of Variance No. 447to retain a previously-approved gasoline service station and accessory automobile repair facilityand to amend the permit to delete a condition of approval pertaining to a time limitation pursuant to Code SectionNo.18.60.180of the Anaheim Municipal Codefor certain real property 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, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March2, 2009, 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, -1-PC2009-*** Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. 2.The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations approvedpursuant to Resolution No. 3043, as amended by Resolution Nos. PC98-32,PC2001-22, and PC2004-4. 3.The permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare. 4.With regard only to the deletion of a time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area. 5.That the existing use at the time of approval wasproperly one for which a conditional use permit was authorized by the Zoning Code. 6.That the use, as reinstated and amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 7.That the size and shape of the site for the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety. 8.That the traffic generated by the existing use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 9.That the granting of the reinstatement of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 10.That*****indicated their presence at said public hearing in opposition; and that **** correspondence was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED that theAnaheim City Planning Commission has reviewed the proposal and does hereby find thata Class 1 Categorical Exemption in connection with Variance No. 447(Tracking No. VAR2008-04766)is adequate to serve as the required environmental documentationin connection with this request. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission,for the reasons hereinabove stateddoes hereby approve the proposed reinstatement of Variance No.447to permit agasoline service station with accessory automotive repair on property located at 300 South East Streetas requested by the applicant. -2-PC2009-*** BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in theirentirety, the conditions of approval adopted in connection with City Council Resolution No. 3043, as amended,and as adopted in connection with VarianceNo. 447,to delete the time limitation and to read as shown in Exhibit “B” attached hereto and incorporated herein by this reference,which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED, except as otherwise amended herein, Resolution No. 3043remains in full force and effect. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the durationof the usefor this permit.Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the AnaheimMunicipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 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 FURTHERRESOLVED that the applicant 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March2, 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. CHAIRMAN, ANAHEIM PLANNING COMMISSION -3-PC2009-*** ATTEST: SENIOR SECRETARY, ANAHEIM 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 March2, 2009,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this_________ day of March, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4-PC2009-*** -5-PC2009-*** EXHIBIT“B” VARIANCE NO.447 (TRACKING NO. VAR2008-04766) RESPONSIBLE FOR MONITORING NO.CONDITIONS OF APPROVAL GENERAL 1No outdoor storage or display of vehicles or vehicular parts shall be Code Enforcement permitted,and no outdoor work of any kind (including any operation where only part of the car is located inside the building, except for smog checks) shall be conducted on the properly. 2Landscaping consisting of trees, shrubs, groundcover and flowering Code Enforcement plants shall be maintained inthe landscaping planters and large above-ground planter boxes or pots. 3Clinging vines shall be maintained adjacent to all masonry walls Code Enforcement and trash enclosure walls visible to the public rights-of-way. 4Overnight vehicle parking shall be limited to inside the building or Code Enforcement to the fenced yard to the rear of the building 5Only gasoline sales, oil changes, smog checks, brakes, tune-ups, air Code Enforcement conditioning services,and diagnostic services shall be permitted. 6No automobile bodywork, major transmission repair, major engine Code Enforcement overhaul, painting and/or retail sales of automobiles, their parts or tires shall be permitted. 7No canopies, awnings, or similar types of overhead shadeCode Enforcement coverings for the purpose of providing an area for outdoor work or any other outdoor activity associated with this business shall be permitted anywhere on the property. 8The primary use of this business shall be gasoline sales in Code Enforcement accordance with the original approval of this Variance No. 447. 9Noabove ground propane tanks shall be permitted.Code Enforcement 10Trash storage areas shall be provided and maintained in a location Public Works acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for building permits. -6-PC2009-*** 11All vehicles awaiting service shall be parked on-site; no adjacent or Code Enforcement nearby public streets shall be utilized for any parking related to this business. 12Amaximum of six (6), maximum fifty five (55) gallons each, Fire, Code drums may be stored immediately adjacent to the rear of the service Enforcement station building in leak-proof enclosures. Such drums shall not to be located within view of the public rights-of-way. 13The approved plan sheet for solid waste storage and collection and Public Works a plan for recycling shall be adhered to as approved by the Streets and Sanitation Division of the Public Works Department. 14Anytree, shrub, groundcover or flower planted on-site shall be Code Enforcement replaced in a timely manner in the event it is removed, damaged, diseased and/or dies; and that no tree or other landscaping shall be unreasonably trimmed. 15This approval is granted subject to the business operating as a Code Enforcement gasoline service station which is properly maintained in conformance with all conditions of approval and applicable Code requirements. 16The hours of operation shall be limited to: Code Enforcement Gasoline sales: 7 a.m. to 10p.m. daily Automotive repair: 7a.m. to 7p.m. daily 17The applicant shall be responsible for maintaining the area adjacent Code Enforcement to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris.Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within two business daysof being applied. 18Approval of this application constitutes approval of the proposed Planning request only to the extent that is 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. -7-PC2009-*** ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì ûèèûùôï÷îèîí æûùûîè êé êùð æûê õìû æûùûîè êé øç÷ûùô øç÷ûùô êé êé êï øç÷ûùô ûìèé æûùûîè êé øç÷ûùô øç÷ûùô æûùûîè øç æûùûîè ïÛÊÙÔ éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ æÛÊÓÛÎÙ×îÍ ìÓÙÛØÓÐÐÃåÛÃ ßÌÌßÝØÓÛÒÌ ÒÑò ï ðëðïðð Ú»»¬ Ó¿®½¸ îô îððç Í«¾¶»½¬ Ð®±°»®¬§ Ê¿®·¿²½» Ò±ò îððèóðìéêè çîîïóçîìï Ð·½¿¼·´´§ É¿§ ïðéïî [DRAFT]ATTACHMENT NO. 2 RESOLUTIONNO.PC2009-*** ARESOLUTIONOF THE ANAHEIM PLANNING COMMISSION DETERMINING THATACLASS 3CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION ANDAPPROVING VARIANCE NO. 2008-04768 (9221-9241 PICADILLY WAY) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Variancefor a deviation in front yard setback and sound attenuation requirements to construct two new single family homes adjacent to the 91 Freeway,for certain real property situated in 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. WHEREAS, project site consists of two separate vacant properties in the Single Family Residential (RS-3) zoneand the Anaheim General Plan designates these propertiesfor Low DensityResidential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onMarch 2, 2009,at2:30 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 “Procedures”, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.That the applicantrequestsavariance fromthe followingdevelopment standards to construct twonew single familyresidences: (a)SECTION NO. 18.04.100.010Minimum Front Yard Setback(13.5 feetproposed;15feetrequired). (b)SECTION NO. 18.40.090.060Sound Attenuation(a maximum exterior noise of 65decibels within the private rear yard of any single family lot that is located within 600 feet of any freeway is permitted; a maximum noise level of 67.9 decibels is proposed). 2.That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, due to the narrow depth of the property as a consequence of a freeway widening project. -1-PC2009-*** 3.Thatstrictapplication of the Zoning Code would deprive the property of privileges enjoyed by other properties with identical zoning in the vicinitybecause a similar front yard setback variance was granted for the adjacent property to the west. 4.ThatVariance findings are not required for sound attenuation deviation requests, provided that the deviation does not pertain to interior noise levels, the deviation does not exceed 5 decibels above the prescribed levels for exterior noise, and measures to attenuate noise to the prescribed levels would conflict with the aesthetic value of the project. A sound study was submitted by the applicant and the study states that the existing 13-foot high block wall adjacent to the freeway cannot mitigate sound levels to complywith the 65 decibel noise requirement. In order to meet this requirement, an 18-foot high sound wall would need to be constructed between the subject properties and the freeway. The construction of an 18-foot high block wall would not be a reasonable method of mitigationbecause it would compromise the aesthetics and affordability of the pre-manufactured homes that will be sold to moderate income households; therefore, the Planning Commission hereby approves a sound deviation of 2.9 decibels above the maximum 65 decibels permitted by Code, as requested by the applicant. 5.That ***indicated their presence at said public hearing in opposition; and that ***correspondence was received in opposition to the subject request. NOW THEREFORE BE IT RESOLVEDthatthe Anaheim Planning Commission has reviewed the proposal and does hereby find that aClass 3 Categorical Exemptionin connection with Variance No. 2008-04768is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve Variance No. 2008-04768 subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this 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. BE IT FURTHER 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 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 FURTHER RESOLVED that the applicant 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofMarch2, 2009. Said resolution is subject to the appealprovisions set forth in Chapter -2-PC2009-*** 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. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR 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 onMarch2, 2009by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this ______day of March,2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3-PC2009-*** EXHIBIT “B” VARIANCE NO. 2008-04768 RESPONSIBLE FOR NO.CONDITIONS OF APPROVAL MONITORING GENERAL 1The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1(Site Plan), 2 (Floor Plan), and 3 and 4 (Elevations), and as conditioned herein. 2Approval of this application constitutes approval of the Planning proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State, and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -5-PC2009-*** ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ï ûèèûùôï÷îèîí ùõ å÷éèæó÷å êé æíùûèóíîûðé÷êæóù÷é øç÷ûùô êé êé øç÷ûùô øç÷ûùô ùõ éçïûùðî êùð ùçì êé ùçì êé øç÷ûùô ùçì øç÷ûùô æûê é ìùî ê÷éèûçêûîè ùõ êé êé øç÷ûùô øç÷ûùô ùõ ùõ éôíììóîõ éïûðð ù÷îè÷ê éôíìé ùõ ùõ êé æûùûîè æûùûîè ùõ ùõ éèêóìïûðð éèêóìïûðð ùõ ùõ ïÛÊÙÔ éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ ìÇÚÐÓÙùÍÎÆ×ÎÓ×ÎÙ×ÍÊî×Ù×ÉÉÓÈÃîÍ å×ÉÈñÛÈ×ÐÐÛûÆ×ÎÇ×çÎÓÈ ïÛÊÙÔ éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ùÍÎØÓÈÓÍÎÛÐçÉ×ì×ÊÏÓÈîÍ ìÇÚÐÓÙùÍÎÆ×ÎÓ×ÎÙ×ÍÊî×Ù×ÉÉÓÈÃîÍ å×ÉÈñÛÈ×ÐÐÛûÆ×ÎÇ×çÎÓÈ [DRAFT]ATTACHMENT NO.2 RESOLUTION NO. PC2009-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1(EXISTING FACILITIES),ANDAPPROVING CONDITIONAL USE PERMIT NO. 2008-05399 (1671WEST KATELLA AVENUE, UNIT 135) WHEREAS,the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2008-05399to permit aconvenience market and authorize a Type 21(off-sale general)ABC license for off-premises consumptionfor certain real property 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, this property is currently developed with aconvenience market within the General Commercial(C-G) zone,and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onMarch 2, 2009, 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 “Procedures”, to hear and consider evidence for and against said proposed requestand to investigate and make findingsand recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.That a convenience market with the sales of beer,wine and distilled spirits for off- premises consumption in the General Commercial zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Markets –Small and Alcoholic Beverage Sales –Off-Sale). 2.That the proposed beer,wineand distilled spirits sales would not adversely affect the adjoining commercial and residential land uses and the growth and development of the area in which it is proposed to be located because all business activities would remain inside the building. 3.That the size and shape of the site for the convenience market is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because all sales and operations would remain inside the building. 4.That the traffic generated by the convenience market would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the convenience market is consistent with the types of uses alongKatella Avenue and the business requires no more parking than any other retail uses. -1-PC2009-*** 5.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. 6.That ***indicated their presence at saidpublic hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use PermitNo. 2008-05399subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated herein by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 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 FURTHER RESOLVED that the applicant 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofMarch 2, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Zoning Provisions -General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2-PC2009-*** 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 onMarch 2, 2009, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this ________day of March, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3-PC2009-*** -4-PC2009-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2008-05399 RESPONSIBLE FOR NO.CONDITIONS OF APPROVAL MONITORING GENERAL–ONGOING DURING PROJECT OPERATION The convenience market shall be open no later than 11 p.m. on Police/Code 1 weekdays and midnight on weekends.Enforcement Noalcoholicbeverages shall be displayed outside of the Police/Code 2building or within five (5) feet of any public entrance to the Enforcement building. 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. Police/Code 3 Interior displays of alcoholic beverages or signs which are Enforcement clearly visible to the exterior shall constitute a violation of this condition. The area of alcoholic beverage displays shall not exceed 25% of Police/Code 4 the total display areain a buildingEnforcement The sales of alcoholic beverages shall be made to customers Police/Code 5 only when the customer is in the building.Enforcement No person under 21 years of age shall sell or be permitted to Police/Code 6 sell alcohol without someone 21 years of age or older present.Enforcement Beer and malt beverages in quarts, 22 oz., 40 oz., or similar size containers may not be sold individually and must be sold in Police/Code 7 multi-unit, prepackaged quantities as delivered from the Enforcement distributor. Wine shall not be sold in bottles or containers smaller than 750 Police/Code 8ml and wine-coolersshall not be sold in packages containing Enforcement less than a 4 pack. The possession of alcoholic beverages in open containers and Police/Code 9the consumption of alcoholic beverages are prohibited on or Enforcement around the premises. -5-PC2009-*** RESPONSIBLE FOR NO.CONDITIONS OF APPROVAL MONITORING The parking lot, shipping and receiving areas, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings on the premises shall be equipped with lighting of a minimum one (1) foot candle power to illuminate Police/Code 10 and make easily discernible the appearance and conduct of all Enforcement persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. There shall be no public telephones on the property that are Police/Code 11located outside of the building and within the control of the Enforcement applicant. The business owner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular Police/Code 12maintenanceand removal of trash or debris. Any graffiti Enforcement painted or marked on the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. The rear door(s) shall be kept closed at all times during the operation of the premises except in the cases of emergency and Police/Code 13 to permit deliveries. Said door(s) shall not consist entirely of a Enforcement screen door or ventilated security door. The subject propertyshall be developed substantially in accordance with plans and specifications submitted to the City 14of Anaheim by the petitioner and which plans are on file with Planning the Planning Department marked Exhibit Nos. 1 (Site Plan) and 2(Floor Plan), and as conditioned herein. Approval of this application constitutes approval of the proposed request only to the extent that complies with the Anaheim Municipal Zoning Code and any other applicable 15City, State and Federal regulations. Approval does not includePlanning any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -6-PC2009-*** ÅÜÎßÚÌÃ ßÌÌßÝØÓÛÒÌ ÒÑò í RESOLUTION NO. PC2009-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1 (EXISTING FACILITIES) AND APPROVING A DETERMINATIONOF PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00054 (1671WEST KATELLA AVENUE, UNIT 135) WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC); and WHEREAS, Section 23958 of the Business and Professions Code provides that ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permitthe sales of beer, wine and distilled spirits for off-premises consumption (Type 21License) in conjunction with a convenience marketon certain real property 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, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onMarch 2, 2009, notice of said public hearing having been duly given as required by Resolution No. 95R-134 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 determination of public convenience or necessity for an alcoholic beverage control license to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: -1-PC2009-*** 1.That California state law requires a Determination of Public Convenience or Necessity when property is located in a reporting district thathas anover concentration of licenses and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 2.That Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and when the sale of alcoholic beverages for on-premises consumption is permitted by the Municipal Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 3.That subject property is located within Reporting District 2022, which has an “on averagecrime rate”equal to the City average. The population within the census tract allows for fiveoff sale ABC licenses and there arepresently eightlicensesin the tract. The market has an existing off-sale ABC license in the census tract and would be transferring the license to the proposed location, and therefore, there would not be an increase in off-sale ABC licensesin the census tract. The population also allows for eight on-sale licenses and there are presently tenin the tract. 4.That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the sale ofbeer and wineis ancillary to the overall product mix provided by the neighborhood-oriented commercial retail store. Moreover, the Police Department indicates no specific concerns related to off- premises beer and wine sales and operation of this business,subject to compliance with conditions of approval. 5.That the traffic generated by the continued use ofthe property as a convenience market with off-premises alcoholic beveragesales 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 Determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of alcoholic beveragesis ancillary to the proposed market. The Police Department indicates no specificconcerns related to off-premises beer and wine sales and operation of this business, subject to the conditions of approval. 7.That ***indicated their presence at said public hearing in opposition; and that ***correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1(Existing Facilities)as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. - 2 -PC2009-*** NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of alcoholic beverages for off-premises consumption at this location subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which arefound 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. BE IT FURTHER RESOLVED this permit is approved without limitations on the duration of the use.Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 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 FURTHER RESOLVED that the Anaheim City 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 findings hereinabove set forth. BE IT FURTHER RESOLVED that the applicant 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 for this project. 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 RESOLUTIONwas adopted at the Planning Commission meeting ofMarch 2, 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. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 -PC2009-*** 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 onMarch 2, 2009, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this _________ day of March, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 4 -PC2009-*** - 5 -PC2009-*** ÛÈØ×Þ×Ì Þ ÐËÞÔ×Ý ÝÑÒÊÛÒ×ÛÒÝÛ ÑÎ ÒÛÝÛÍÍ×ÌÇ ÐÛÎÓ×Ì ÒÑò îððèóðððëì ÎÛÍÐÑÒÍ×ÞÔÛ ÚÑÎ ÓÑÒ×ÌÑÎ×ÒÙ ÒÑò ÝÑÒÜ×Ì×ÑÒÍ ÑÚ ßÐÐÎÑÊßÔ GENERAL Noalcoholic beverages shallbe displayed outside of the Police/Code 1building or within five (5) feet of any public entrance to the Enforcement building. 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. Police/Code 2 Interior displays of alcoholic beverages or signs which are Enforcement clearly visible to the exterior shall constitute a violation of this condition. The area of alcoholic beverage displays shall not exceed 25% of Police/Code 3 the total display area in a buildingEnforcement The sales of alcoholic beverages shall be made to customers Police/Code 4 only when the customer is in the building.Enforcement No person under 21 years of age shall sell or be permitted to Police/Code 5 sell alcohol without someone 21 years of age or older present.Enforcement Beer and malt beverages in quarts, 22 oz., 40 oz., or similar size containers may not be sold individually and must be sold in Police/Code 6 multi-unit, prepackaged quantities as delivered from the Enforcement distributor. That wine shall not be sold in bottles or containers smaller than Police/Code 7750ml. and wine-coolers shall not be sold in packages Enforcement containing less than a 4 pack. The possession of alcoholic beverages in open containers and Police/Code 8the consumption of alcoholic beverages are prohibited on or Enforcement around the premises. - 6 -PC2009-*** ÎÛÍÐÑÒÍ×ÞÔÛ ÚÑÎ ÓÑÒ×ÌÑÎ×ÒÙ ÒÑò ÝÑÒÜ×Ì×ÑÒÍ ÑÚ ßÐÐÎÑÊßÔ The parking lot of the premises shall be equipped with lighting of a minimum one (1) foot candle power to illuminate and make easily discernible the appearance and conduct of all persons on Police/Code 9 or about the parking lot. Additionally, the position of such Enforcement lighting shall not disturb the normal privacy and use of any neighboring residences. There shall be no amusement machines, video game devices or Police/Code 10 pool tables maintained on the premises at any time.Enforcement There shall be no public telephones on the property that are Police/Code 11located outside of the building and within the control of the Enforcement applicant. The subject property shall be developed substantially in accordance with plans and specifications submitted to the City 12of Anaheim by the petitioner and which plans are on file with Planning the Planning Department marked Exhibit Nos. 1 (Site Plan) and 2(Floor Plan), and as conditioned herein. Approval of this application constitutes approval of the proposed request only to the extent that complies with the Anaheim Municipal Zoning Code and any other applicable 13City, State and Federal regulations. Approval does not include Planning any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 7 -PC2009-*** ßÌÌßÝØÓÛÒÌ ÒÑò ì ßÌÌßÝØÓÛÒÌ ÒÑò è ßÌÌßÝØÓÛÒÌ ÒÑò ç ßÌÌßÝØÓÛÒÌ ÒÑò ë ìùî ûîûô÷óïùóèãðóïóèé ßÌÌßÝØÓÛÒÌ ÒÑò ê ïÛÌîÇÏÚ×ÊíÅÎ×ÊîÛÏ×ûØØÊ×ÉÉ øçèùôùðçúûæóíóîùåñûè÷ððûûæ÷ ùíöùíóîù é÷çùðóøéè öíîé÷ùû÷öêûóî åñûè÷ððûûæ÷ úûêèíçïóûîñôûõûøíçê åñûè÷ððûûæ÷éè÷û ïûêèóî÷âòíé÷ðçóéåñûè÷ððûûæ÷ ëçûîùôíèîôíóîù é÷çùðóøéè úêóèíú÷êèôûõðíêóû é÷çùðóøéèéè÷û ð÷ùôûçïóîôåñûè÷ððûûæ÷ûú êíéûð÷éùóêí åñûè÷ððûûæ÷éè÷õô ûîõçóûîíùíêìíêûèóíî åñûè÷ððûûæ÷éè÷û ïÛÌîÇÏÚ×ÊíÅÎ×ÊîÛÏ×ûØØÊ×ÉÉ ïûïûùíââûéóèûðóûîóîîóîù åúûððêø éûîùô÷âé÷êûöóî éúêííñôçêéèéè ïÛÌîÇÏÚ×ÊíÅÎ×ÊîÛÏ×ûØØÊ×ÉÉ ôûèôûåûãú÷îòûïóîôòê åñûè÷ððûûæ÷ ô÷öêçöííøé÷êæóù÷éóîùåùíîæ÷îèóíîåûã ùíùíéê÷éèûçêûîèéóîù åñûè÷ððûûæ÷ ùôçîõ÷êóùñåûîóðåñûè÷ððûûæ÷ úûêêûõûîòíêõ÷ûåñûè÷ððûûæ÷ ïûêêóíèèôíè÷ðé÷êæóù÷éóîù åùíîæ÷îèóíîåûã ïèúððù åñûè÷ððûûæ÷ úíúéú÷æ÷êûõ÷ùíïìûîãóóéôûêúíêúðæø öûêêïùíêìíêûèóíî åñûè÷ððûûæ÷ ûêçîø÷ðùçóéóî÷óîù åñûè÷ððûûæ÷ íêûîõ÷åííøððù éôûêúíêúðæø ïíêèíîéíöùôóùûõíûîûô÷óïððùéôûêúíêúðæø èûêéûøóûôíè÷ðé ôûêúíêúðæø êùéôíì÷êûèóíîéóîù éôûêúíêúðæø ïûñûê÷îè÷êìêóé÷éóîùåùíîæ÷îèóíîåûãéè÷ ê÷øðóíîôíè÷ðéöêûîùôóéóîõóîù éôûêúíêúðæø ìÊÍÌÍÉ×ØéÓÈ× ûêûïûêñéìíêèé÷îè÷êèûóîï÷îèé÷êæóù÷éððù åñûè÷ððûûæ÷ ïÛÌîÇÏÚ×ÊíÅÎ×ÊîÛÏ×ûØØÊ×ÉÉ ùðçú éøóéî÷ãðûîøøê îøöð îøöð ø÷îîãéóîù éôûêúíêúðæø ò÷ûîè÷÷îè÷êìêóé÷éóîù éôûêúíêúðæøéè÷ ïóùñ÷ãåíêðø éôûêúíêúðæøéè÷ åûðèøóéî÷ãåíêðøùí éôûêúíêúðæø åûðèøóéî÷ãåíêðøùí éøóéî÷ãðûîøøê åøóóîè÷êîûèóíîûðóîù éôûêúíêúðæø ûîûô÷óïê÷éíêèôíè÷ðððù éåûðîçèéè åûðèøóéî÷ãåíêðøùí åïûõóùåûã åûðèøóéî÷ãåíêðøùíéøóéî÷ãðûîøøê ðíçóéï÷èêíóîù éôûêúíêúðæø ïóððó÷éóîù éôûêúíêúðæø êûðìôúê÷îîûîéòûââñóèùô÷îððù éøóéî÷ãðûîøøê ðûúê÷ûúûñ÷êãùûö÷óîùéøóéî÷ãðûîøøê ôíçé÷íöúðç÷éûîûô÷óïê÷éèûçêûîèùíêì éøóéî÷ãðûîøøê êûóîöíê÷éèùûö÷óîùéøóéî÷ãðûîøøê éåôùíêìíêûèóíî éôûêúíêúðæø ûîûô÷óïîûìð÷éððù éøóéî÷ãðûîøøêéè÷ ìûèóîûõêíçìî÷åùíððùèô÷ éøóéî÷ãðûîøøê îøöðçîóè ìûèóîûõêíçìî÷åùíððùèô÷ éøóéî÷ãðûîøøêéè÷ éûîøúíäúûêõêóðð÷ððùèô÷ åñûè÷ððûûæ÷ êóïùíêìíêûèóíîèô÷ éùð÷ï÷îèóî÷éè ìûèóîûõêíçìî÷åùíððùèô÷ éøóéî÷ãðûîøøêúðøõû øûãéèûêôíè÷ðéóîù éôûêúíêúðæø ùô÷÷é÷ùûñ÷öûùèíêãê÷éèûçêûîèéóîùèô÷ åñûè÷ððûûæ÷éè÷ ïùùíêïóùñéùôïóùñê÷éèûçêûîèùíêì åñûè÷ððûûæ÷éè÷ úçúúûõçïìéôêóïìùíê÷éèûçêûîèéóîù åñûè÷ððûûæ÷éè÷ ìöùôûîõéùôóîûúóéèêíóîù åñûè÷ððûûæ÷éè÷ öûóêöó÷ðøöïùððù éôûêúíêúðæøèôóêøöðê âíî÷÷îè÷êìêóé÷éíöûîûô÷óïððùéøóéî÷ãðûîøøê úûêðíçó÷ûîûô÷óïóîù åñûè÷ððûûæ÷éè÷ õûêø÷îåûðñùóî÷ïûéððù åñûè÷ððûûæ÷éè÷ ìíìèô÷ùíêñððù åñûè÷ððûûæ÷çîóè êíãûð÷îè÷êèûóîï÷îèóîù åñûè÷ððûûæ÷éè÷ êíãéùûðóíî÷ðìéôóì åñûè÷ððûûæ÷éè÷ ûïöúíåðóîõù÷îè÷êéóîù åñûè÷ððûûæ÷éè÷ ôûêïûîùíêìíêûèóíîåñûè÷ððûûæ÷ ùûðóöíêîóûìóââûñóèùô÷îóîù åñûè÷ððûûæ÷ éåôùíêìíêûèóíî éôûêúíêúðæø ßÌÌßÝØÓÛÒÌ ÒÑò é ïÛÌîÇÏÚ×ÊíÅÎ×ÊîÛÏ×ûØØÊ×ÉÉ öííøð÷ééíöùûðóöíêîóûóîùåñûè÷ððûûæ÷ ìîééèíê÷éóîù åñûè÷ððûûæ÷ ñôûåûòûúûéóï åñûè÷ððûûæ÷ ðûïúóîôåñûè÷ððûûæ÷ õñôûðéûóîù é÷çùðóøéè ñóïôåûéçîåñûè÷ððûûæ÷ ñûçêéûèåûîè é÷çùðóøéè õûêöó÷ðøú÷ûùôùæéððù åñûè÷ððûûæ÷ ïÛÌîÇÏÚ×ÊíÅÎ×ÊîÛÏ×ûØØÊ×ÉÉ øóîîûéóïû é÷çùðóøéè ÷ð÷æ÷îóîù é÷çùðóøéè íôòçîõô÷÷ é÷çùðóøéèéè÷÷ô ïÛÌîÇÏÚ×ÊíÅÎ×ÊîÛÏ×ûØØÊ×ÉÉ èïúíóðùíóîù åúûððêø ìûè÷ðïûîçòíóèû åñûè÷ððûûæ÷çîóèû ïÛÌîÇÏÚ×ÊíÅÎ×ÊîÛÏ×ûØØÊ×ÉÉ ìÊÍÌÍÉ×ØéÓÈ× ïûêêóíèèôíè÷ðé÷êæóù÷éóîù åùíîæ÷îèóíîåûã õûðûïûê÷îè÷êìêóé÷ééôûêúíêúðæøéîûùñúûê æûêâôûì÷èãûîõûéìûê åñûè÷ððûûæ÷ øûíçøõ÷íêõéçðóïûîåñûè÷ððûûæ÷ ïÛÌîÇÏÚ×ÊíÅÎ×ÊîÛÏ×ûØØÊ×ÉÉ ÷øïíîøéíîòûï÷éì éôûêúíêúðæø ïûð÷ñóùûêíð÷ éôûêúíêúðæø ôçîèõíóîù éôûêúíêúðæøéè÷ ÷ð÷æ÷îóîùåñûè÷ððûûæ÷ ãûìûôèûó éôûêúíêúðæø ïûðûãéóûîûîûô÷óïõêíçìçéûóîùéôûêúíêúðæø õûðûïûê÷îè÷êìêóé÷é éôûêúíêúðæø åûðèøóéî÷ãåíêðøùí åïûõóùåûã ÷ð÷æ÷îóîù åñûè÷ððûûæ÷ õûðûïûê÷îè÷êìêóé÷é éôûêúíêúðæø öûóêöó÷ðøöïùððù éôûêúíêúðæøèôóêøöðê éô÷óñôìíçê÷ðéûãíðûîøûåúûððêø ìíìèô÷ùíêñððù åñûè÷ððûûæ÷çîóè ïûð÷ñóùûêíð÷ éôûêúíêúðæø ATTACHMENT NO. l SP 92 -2 1 SP 92 -2 JOLLY ROGER HOTEL I VACANT SP 92 -2 PORTOFINO INN & SUITES SP 92 -2 SHERATON PARK HOTEL 0 50 >00 v Feet T T N I� > w SP 92 -2 IN N m ~p IHOP VAR 2129 INN& SP 92 -2 rnwF- RED LION HOTEL a � w c') w > O C) VACANT a SP 92 -2 SP 92 -1 10 VACANT LLI CANDY CANE INN ■ o J H I CU O O m z O ■ U N U) rr I O SP 92 -2 SP 92 -1 ABC MART ■ a SP 92 -2 SP 92 -2 HOLIDAY I EXPRES SP 92 -1 a ANAHEIM RESORT RAMADA PLAZA ANAHEIP ANAHEIM DESERT SP 92 -1 ■ o RETAIL CENTER HOTEL ANAHEIM RESORT PALMS HOTEL 7 I U MARKET I — KATEL•LA - AVENUE- SP 92 -2 1 SP 92 -2 JOLLY ROGER HOTEL I VACANT SP 92 -2 PORTOFINO INN & SUITES SP 92 -2 SHERATON PARK HOTEL 0 50 >00 v Feet T T N 540' — SP 92 -2 SP 92 -2 CUP 2009 -05403 CUP 2286 CUP 890 CUP 711 VAR 2008 -04761 VAR 2330 S VAR 1894 FSP 2008 -00004 VACANT GPA 2008 -00470 GPA 2008 -00466 MIS 2009 -00297 ZABY'S MOTOR LODGE PCN 2009 -00056 SPN 2008 -00055 > w SP 92 -2 ISLANDER N m ~p IHOP VAR 2129 INN& SP 92 -2 rnwF- RED LION HOTEL a � w c') w > O C) VACANT a m LLI w J H D O O m z O U) rr O m Er rr a SP 92 -2 VACANT Commercial Recreation Overlay Zone March 2, 2009 o Q Subject Property m °ERRT °SASE 8 z > w w , General Plan Amendment No. 2008 -00470 N Z z o w <� N Specific Plan Amendment No. 2008 -00055 W KATE "AAVE w SKATE" "ASE 'z o Miscellaneous No. 2009 -00297 _ ■' w Conditional Use Permit No. 2009 -05403 ro. N Variance No. 2008 -04761 Public Convenience or Necessity No. 2009 -00056 Final Site Plan No. 2008 -00004 1820 South Harbor Boulevard 10715 SP 92 -2 SUPER 8 MOTEL 1 SP 92 -1 SP 92 -2 AMERICA'S BEST VALUE INN & SUITES I SP 92 -1 DISNEYLAND EMPLOYEE PARKING SP 92 -2 > w SP 92 -2 ISLANDER N m ~p N EC w VAR 2129 INN& �w2 rnwF- VAR 1169 SUITES a � w c') w > O C) VACANT m SP 92 -1 DISNEYLAND EMPLOYEE PARKING q) �11 Ail I rl L 7% 77 KATELLA AVENUE �4. 3 99f'8 8 3 4* MIMMM 1 .0 ..... 7� M11 It"Wiffliammm 0 50 10 Feet March 2, 2009 . Subject Property E CERRITOS AVE General Plan Amendment No. 2008-00470 Specific Plan Amendment No. 2008-00055 KATE"—A E. KATE[CrAVE w Miscellaneous No. 2009-00297 Conditional Use Permit No. 2009-05403 tl< In Variance No. 2008-04761 Public Convenience or Necessity No. 2009-00056 Final Site Plan No. 2008-00004 1820 South Harbor Boulevard 10715 ATTACHMENT NO. 2 PROJECT SUMMARY GPA2008 -00470 Development ARSP Zone Proposed ARSP Standard Proposed Project Standards Zone Standards Site Area 2.5 acres N/A - 252 rooms maximum 378 rooms 252 rooms, plus 75,593 (600 square feet of (252 rooms, plus Number of Rooms square feet of accessory uses is 75,593 square feet of accessory uses equivalent to one accessory uses) room) 527 spaces (463 spaces Parking recommended by the 712 spaces - arkin study) Building Setbacks North (Katella Ave.) 11 feet 11 feet - South 5 feet 10 feet - East 5 feet 10 feet - West (Harbor Blvd.) 11 feet 20 feet 11 feet Landscape Setbacks North (Katella Ave.) 100% paving 80% paving 100% paving South 5 feet 10 feet - East 5 feet 10 feet - West (Harbor Blvd.) None 80% paving allowed 100% paving allowed The attached documents reflect the proposed amendments to the (1) Anaheim Resort Specific Plan (ARSP) exhibits, (2) sections of Chapter 18.116 (Anaheim Resort Specific Plan No. 92 -2 Zoning and Development Standards), and (3) The Anaheim Resort Public Realm Landscape Program. Anaheim Resort Specific Plan: Item 1: C -R District Development Density Summary Tabulation Item 2A: C -R District Development Density Plan (Existing) Item 213: C -R District Development Density Plan (Proposed) Item 3A: Central Core Plan (Existing) Item 313: Central Core Plan (Proposed) Item 4A: Landscape Concept Diagram (Existing) Item 413: Landscape Concept Diagram (Proposed) Chapter 18.116 (Anaheim Resort Specific Plan No. 92 -2 Zoning and Development Standards Item 5: 18.116.100.030 Landscaping Item 6: 18.116.130 Central Core Item 7: Table 116 -K Permitted, Conditionally Permitted and Prohibited Signs Item 8: 18.116.160.040 Freestanding Monument Signs Item 9: Table 116 -S Business Identification Wall Sign — Hotel/Motel Item 10: Table 116 -T Accessory Business Wall Sign — Hotel/Motel Exhibits or text to be modified or added to the Public Realm Landscape Program: Item 11: Table of Contents The complete Anaheim Resort Specific Plan and Title 18 of the A.M.C. can be viewed at: htlp: / /anaheim.net /planning/ For the ARSP, click on "Specific Plans" under Document Downloads, then the specific plan number, "SP 92 -2" For Title 18, click on " Zoning Code (Title 18 of A.M.C.) under Document Downloads Item I C -R District Development Density Summary Tabulation Density Maximum Approximate Existing Maximum Designation Density* Acres Hotel /Motel Hotel /Motel (rounded) Rooms Rooms* Low Up to 50 -94 2 363 3, rooms /acre 6,257 ** Low - Medium Up to 75 4-7-7-- 4,5-23 -4,804 13,277 13,341 rooms /acre Low Medium Up to 378 2.5 79 378 (Modified) Hotel Rooms * ** Medium Up to 100 49-.-2- 422 1,920 rooms /acre Convention Up to 125 X4- 58 X9- 220 6 Center (CC) rooms /acre * * ** ' Medium Total 32-3- 9,590 10,888 2 5,900 28,882 *The maximum density for each lot or parcel is the number of hotel /motel rooms /acre noted in this table or 75 rooms per lot/parcel existing on the date of adoption of the Anaheim Resort Specific Plan, whichever is greater. For parcels that are developed with hotel or motel rooms which exceed the maximum density designation, the number of rooms existing on the date of adoption of the Anaheim Resort Specific Plan may be rebuilt or modified at their existing density. Due to the enhanced ultimate right -of -way required by adopted General Plan Amendment No. 331 for Harbor Boulevard (12 feet), Katella Avenue (23 feet), Freedman Way (11 �/z feet) and West Street /Disneyland Drive north of Ball Road (10 feet) and between Cerritos Avenue and Katella Avenue (2 '/2 feet), to implement the Public Realm streetscape program, properties along these streets may include the additional right -of -way widths In their property acreage when computing density. * *The maximum number of hotel /motel rooms includes the existing 507 -room P Paradise Pier Hotel. * ** The 378 Hotel rooms is equivalent to 252 Hotel Rooms with 75,593 square feet of accessory uses as depicted on the Commercial Recreation (C -R) District Development Density Plan. * ** *The trip generation characteristics of these hotel /motel rooms shall be mitigated to the equivalent of 100 rooms per gross acre. Item 2A The Anaheim Resort Specific Plan * Section 300: Land Use Plan conw anon Woy m 0 : .., -0fangewoo avenue. . The Anaheim Resort Specific Plan Anaheim, California Legend Kateho Avenue oflgnment in connection whh I -5 widenmg. See Section 4.0 of the Specft Plan document for other F5 matea mprovem m z \ Pac�ica A venue C -R District Development Density Plan r �T � 0 1000 2000 feet J North �.. Designated Future Alignment in General Plan Circulation Element* *In connection with The Disneyland Resort Specific Plan, Cerritos Avenue is planned to be relocated 1,000 to 1,100 feet northerly and a portion of West Street is planned to become a cul -de -sac (West Place) Limit of Anaheim Resort Designated for Future Extension in General Plan Circulation Element Low Density: Up to 50 Hotel Rooms /Gross Acre or 75 rooms, whichever is greater Low - Medium Density: Up to 75 Hotel Rooms/ Gross Acre or 75 rooms, whichever is greater N \� Medium Density: Up to 100 Hotel Rooms/ � Gross Acre or 75 rooms, whichever is greater Convention Center Medium: Up to 125 Hotel Rooms /Gross Acre or 75 rooms, whichever is greater* **With trip generation characteristics mitigated to the equivalent of 100 rooms per gross acre Exhibit 3.3.3b —C -R District Development Density Plan Page 3 -74 D Disn wa ._ .. I KafeOO IN conw anon Woy m 0 : .., -0fangewoo avenue. . The Anaheim Resort Specific Plan Anaheim, California Legend Kateho Avenue oflgnment in connection whh I -5 widenmg. See Section 4.0 of the Specft Plan document for other F5 matea mprovem m z \ Pac�ica A venue C -R District Development Density Plan r �T � 0 1000 2000 feet J North �.. Designated Future Alignment in General Plan Circulation Element* *In connection with The Disneyland Resort Specific Plan, Cerritos Avenue is planned to be relocated 1,000 to 1,100 feet northerly and a portion of West Street is planned to become a cul -de -sac (West Place) Limit of Anaheim Resort Designated for Future Extension in General Plan Circulation Element Low Density: Up to 50 Hotel Rooms /Gross Acre or 75 rooms, whichever is greater Low - Medium Density: Up to 75 Hotel Rooms/ Gross Acre or 75 rooms, whichever is greater N \� Medium Density: Up to 100 Hotel Rooms/ � Gross Acre or 75 rooms, whichever is greater Convention Center Medium: Up to 125 Hotel Rooms /Gross Acre or 75 rooms, whichever is greater* **With trip generation characteristics mitigated to the equivalent of 100 rooms per gross acre Exhibit 3.3.3b —C -R District Development Density Plan Page 3 -74 z J I BALLRD '•'•'•'•'•'• o cO77Z � yc9 O F9 • m x • I ORANGEWOOD AV E Item 2B ■ I yam Commercial Recreation (C -R) District Development Density Plan e o soo 11000 Feet Designated for Future Extension in General Plan Circulation Element Anaheim City Boundary The Anaheim ResortTm Boundary "With trip generation characteristics mitigated to the equivalent of 100 rooms per gross acre. Low Density: Up to 50 Hotel Rooms /Gross Acre or 75 rooms per parcel, whichever is greater Low - Medium Density: Up to 75 Hotel Rooms/ Gross Acre or 75 rooms per parcel, whichever is greater Low - Medium Density (Modified): Up to 252 Hotel Rooms with 75,593 square feet of accessory uses. Medium Density: Up to 100 Hotel Rooms /Gross Acre or 75 rooms per parcel, whichever is greater Convention Center Medium: Up to 125 Hotel Rooms /Gross Acre or 75 rooms per parcel, whichever is greater ** March 2, 2009 Amendment No. 13 Item 3A The Anaheim Resort Specific Plan *e Section 3.0: Land Use Man Py K01e110 Avenue Olr9nment n comecTl n w L5 widening. See Section 4.0 Of the SpeCKic Plan document tw Omer I relOteO CnprOvementi The Anaheim Resort Specific Plan Anaheim, California Central Core Plan 0 1000 2000 fee Designated Future Alignment in General Plan Circulation Element* *In connection with The Disneyland Resort Specific Plan, Cerritos Avenue is planned to be relocated 1,000 to 1,100 feet northerly and a portion of West Street is planned to become a cul -de -sac (West Place) Exhibit 3.3.4o—Central Core Legend POCOICO Avenue m m !m �O :x j Limit of Anaheim Resort Anaheim Resort Specific 01.1 Plan Boundary Designated for Future Extension in General Plan Circulation Element Central Core (Standards and guidelines apply to properties with frontage along these portions of Katella Avenue and Harbor Boulevard) Special Landscaped Intersections described in Section 5.6.3.4 of the Specific Plan document Page 3-16 ._.._. WILKENEWY F i,ii' ■ e 450 900 Central Core Plan Feet 0 Anaheim Resort Specific Plan Boundary *..., The Anaheim ResortTm Boundary _ . Anaheim City Boundary Designated for Future Extension in General Plan Circulation Element Central Core (Standards and guidelines apply to properties with frontage along these portions of Katella Avenue and harbor Boulevard) Special Landscaped Intersections 0 described in Section 5.6.3.4 of the Specific Plan document O Harbor Boulevard / Katella Avenue Central Core Intersection Area (Section 5.6.3.4a) March 2, 2009 Amendment No. 13 Item 3B Item 4A The Anaheim Resort Specific Plan + Section 5.0: Design Plan 0 3 ♦\ The Anaheim Resort Specific Plan Ccnopv Trees Anaheim, California Legend Landscape Concept Diagram Limit of Anaheim Resort for Anaheim Resort Public Realm Anaheim Resort Specific Plan Boundary Designated for Future Extension in General Plan Circulation Element 0 1000 2000 feet North Small, Medium or Large Canopy Trees (see text) Designated Future Alignment in Palm or Vertical Trees General Plan Circulation Element* Streets with Landscape Median *In connection with The Disneyland Resort Specific Plan, Cerritos Avenue is planned to . Landscape Cross Section Location (note: be relocated 1,000 to 1,100 feet northerly diagram does not show Local Street locations) and a portion of West Street is planned.to become a cul -de -sac (West Place) Exhibit 5.3.4x— Landscape Concept Diagram for Anaheim Resort Public Realm Page 5 -20 ° O Trees ° 0 0 00 J O O O yFS I ° O °O <>() cc �`O9 0 } OO m p 0 0 L �' vp� Alternating tall vertical 0 W im 00 ® 4 and small canopy tree 0 0 Medium O Z O 00 m O Canopy N ©O Q O O • O c' 0 0 Trees 0 O Alternating Vertical 00 = O Q O O 0 O 0 o> —and Medium or 00 DISNEY WY • m 0 0 O O Large Canopy Trees 00 00 0 00 Q O O 00 O O O F O 0 0 00 F Hl 0 O 0 z 0 0 00 0 0 w O O N O ¢ O� O 0 O O 00 00 W O O i O N O W N O O 0 ° ° °❑❑❑ ❑❑ KAT LLAAV ° ° ° ° � ° ° 0 °❑ °° ° ❑ _❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑El ❑❑ t1E1 ❑C ...r I.N. A O �4R O ° ti... 0 1 O O OtO ..... O CONVE4GTION WY 0 00 O, IN r..�..� 0 N °° M - 1 o � coo .. O O 00 ...�.I R�...� w IN ' .......... F ■ : J O 0 00 •' Date Palm a ■ O O 00 Trees = IN ■' ORANGEWOOD.�AVE O O ■ Medium or Large ■ Canopy Trees r ■ •ti WILKENIWY IN IN ■ ■ ■ i� ...... u ' . Y %"-d e Landscape Concept Diagram for Anaheim Resort Public Realm F 0 550 1.100 Anaheim Resort Specific Plan Boundary The Anaheim ResortTm Boundary L - - - -- Anaheim City Boundary r Designated for Future Extension in General Plan Circulation Element Streets with Landscape Median Landscape Cross Section Location (note: diagram does not show Local Street locations) Small, Medium or Large Canopy Trees (see text) O Palm or Vertical Trees () O Alternating Trees (see text) ❑ Multiple Rows of Palms 0 Harbor Boulevard /Katella Avenue Central Core Intersection Area (See Section 1.4 of The Anaheim Resort Public Realm Landscape Program) Alternating Vertical and Small or Medium Canoov Trees EF 313- Note: symbols are not intended to represent individual trees; see text and cross sections for additional information. Item 4B March 2, 2009 Amendment No. 13 VEFMO Closely Spaced � i IT ® %; , Vertical Trees B; Alternating . + O Vertical and E �0 4 Medium or Large O Canopy Trees I IN ' O 00000000 OU Off••• BALL RD•- 000•. O • WEST PL G ♦ ° O C7 p Small or O � Medium or Large D O O Canopy Trees + O Canopy O © Py 0 r O O Trees O O O 00 0 O ® ® O 00 00> O • 00 • • • • ♦ 00 00 n O MAGIC • GICW • ® 00 O O O ® ♦ Multiple Rows of 00 Q O O 0 Small or CO • Medium or Large -00 O O O O,Medium ♦ Canopy Trees 00 00 K O ® O Canopy OC O ° O Trees ° 0 0 00 J O O O yFS I ° O °O <>() cc �`O9 0 } OO m p 0 0 L �' vp� Alternating tall vertical 0 W im 00 ® 4 and small canopy tree 0 0 Medium O Z O 00 m O Canopy N ©O Q O O • O c' 0 0 Trees 0 O Alternating Vertical 00 = O Q O O 0 O 0 o> —and Medium or 00 DISNEY WY • m 0 0 O O Large Canopy Trees 00 00 0 00 Q O O 00 O O O F O 0 0 00 F Hl 0 O 0 z 0 0 00 0 0 w O O N O ¢ O� O 0 O O 00 00 W O O i O N O W N O O 0 ° ° °❑❑❑ ❑❑ KAT LLAAV ° ° ° ° � ° ° 0 °❑ °° ° ❑ _❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑El ❑❑ t1E1 ❑C ...r I.N. A O �4R O ° ti... 0 1 O O OtO ..... O CONVE4GTION WY 0 00 O, IN r..�..� 0 N °° M - 1 o � coo .. O O 00 ...�.I R�...� w IN ' .......... F ■ : J O 0 00 •' Date Palm a ■ O O 00 Trees = IN ■' ORANGEWOOD.�AVE O O ■ Medium or Large ■ Canopy Trees r ■ •ti WILKENIWY IN IN ■ ■ ■ i� ...... u ' . Y %"-d e Landscape Concept Diagram for Anaheim Resort Public Realm F 0 550 1.100 Anaheim Resort Specific Plan Boundary The Anaheim ResortTm Boundary L - - - -- Anaheim City Boundary r Designated for Future Extension in General Plan Circulation Element Streets with Landscape Median Landscape Cross Section Location (note: diagram does not show Local Street locations) Small, Medium or Large Canopy Trees (see text) O Palm or Vertical Trees () O Alternating Trees (see text) ❑ Multiple Rows of Palms 0 Harbor Boulevard /Katella Avenue Central Core Intersection Area (See Section 1.4 of The Anaheim Resort Public Realm Landscape Program) Alternating Vertical and Small or Medium Canoov Trees EF 313- Note: symbols are not intended to represent individual trees; see text and cross sections for additional information. Item 4B March 2, 2009 Amendment No. 13 Item 5 18.116.100 SCREENING, WALLS, FENCES, LANDSCAPING AND LIGHTING — COMMERCIAL RECREATION (C -R) DISTRICT (DEVELOPMENT AREA 1). Subsection .030 Landscaping. .0301 Compliance with Design Plan Required. Except as otherwise provided in this chapter and in Section 18.116.130 (Central Core), all required setback areas shall be fully and permanently landscaped with lawn, trees and shrubs and may include walkways, plazas, fountains, and other similar materials (not including turf block) in accordance with the Design Plan. A minimum of eighty percent (80 %) of the required setback area, excluding driveways perpendicular to the street, on all lots abutting all public streets shall contain live landscape materials. .0302 Maintenance of Landscaping Required. All landscaped areas shall be permanently maintained in a neat and orderly manner as a condition of use and in accordance with the Design Plan. .0303 Required Size of Plant Material. All required trees shall be of a size at the time of planting not less than the minimum size specified in the Design Plan. If not specified in the Design Plan, the trees shall be fifteen (15) gallon. All required shrubs shall be of a size at time of planting not less than the minimum size specified in the Design Plan. If not specified in the Design Plan, the shrubs shall be five (5) gallon. .0304 Replacement of Damaged, Diseased, or Dead Plant Material. Any required plant material planted on -site which is subsequently removed, damaged, diseased and /or dead shall be replaced on -site in a timely manner with comparable plant material with a minimum size as recommended by the Design Plan. .0305 Coverage. Groundcover shall be planted and maintained where shrubbery and /or trees are not sufficient to cover exposed soil. Mulch may be used in place of groundcover where groundcover will not grow or where groundcover will cause harm to the plant materials, subject to the approval of the Planning Department. .0306 Irrigation. All required landscape areas shall be provided and maintained with a permanent, automatic irrigation system in accordance with the Design Plan. Such system shall incorporate water conserving features. .0307 Minimum Landscape and Open Space. The minimum landscape and recreation area for any hotel or motel use shall be fifteen (15 %) percent of the total area of the site. Such minimum landscaped open space may include: landscape areas with plantings of trees, shrubs and groundcover; water features including, but not limited to, swimming pools, spas, ponds, lakes, and fountains; pedestrian walkways and patios; landscaped areas within parking facilities; and, areas intended for emergency access paved with turf block. Paved areas intended primarily for vehicular traffic including, but not limited to, temporary and /or permanent parking facilities; driveways, and porte- cocheres shall not be considered as landscaped open space for the purposes of this requirement. .0308 Special Intersection Landscape Treatment. Concurrent with any building hereinafter erected in this Zone or any building structurally modified to an extent exceeding forty-five percent (45 %) of the gross floor area of said existing building within any two (2) year period, and which building is located on any lot abutting any of the following intersections, landscaping, paving and lighting improvements shall be provided within that certain intersection area as described in and in compliance with the criteria set forth in the Design Plan: O1 Ball Road and Disneyland Drive. 02 14ar- .,,,.Bettle.,af and Katella n. , entte- Deleted 03 Harbor Boulevard and Orangewood Avenue. 04 Katella Avenue and Haster Street /Anaheim Boulevard. 05 Katella Avenue and Disneyland Drive /West Street. 06 Manchester Avenue /Harbor Boulevard. .040 Exterior Lighting. All exterior lighting shall be in conformance with the Design Plan. (Ord. 6031 § 64 (part); August 22, 2006.) Item 6 18.116.130 CENTRAL CORE. .010 Purpose. The purpose of the Central Core is to create a consistent, high quality pedestrian environment that reinforces the character established by the landscape and other streetscape elements identified in The Anaheim Resort Identity Program. The Central Core boundaries encompass lots or parcels with frontage on Harbor Boulevard between Interstate -5 Freeway and Orangewood Avenue and on Katella Avenue between Interstate -5 Freeway and Walnut Street. Subsections .020 and .040 below apply to the minimum required setback areas adjacent to the ultimate public right -of -way. Subsection .030 below applies to the area between the ultimate public right -of -way and the actual (constructed) building setback. Subsections .050 through .070 below apply to development encompassing lots or parcels with frontage on both Harbor Boulevard and Katella Avenue, identified as the "Harbor Boulevard /Katella Avenue Intersection Area" and depicted on Exhibit 5.3.4a (Central Core Plan). Other guidelines for development of uses within the Central Core are provided in the Design Plan. .020 Required Landscape Setback Area. Up to eighty percent (80 %) of the required landscape setback area adjacent to the ultimate public right -of -way may be paved provided: .0201 The paved area will serve pedestrian- related activities (outdoor dining, access to retail stores integrated with hotel /motel developments, and similar uses); and, .0202 Landscape shall be designed and installed in conformance with the tree density requirements identified in the Design Plan and depicted in Exhibit 5.6.6.3a (Tree Density Factor Plan). .030 Location of Parking Areas. No parking areas shall be located between the ultimate public right -of -way and the actual (constructed) building setback. .040 Lighting. Fluorescent, low pressure sodium, high pressure sodium, and mercury vapor are prohibited in the front setback areas. ( n�53 ar `�etembe .050 Required Landscaped Setback Area Within the Harbor Boulevard /Katella Avenue Intersection Area. The minimum setback along Harbor Boulevard may be reduced to eleven (11) feet. 060 Permitted Encroachments Within the Harbor Boulevard /Katella Avenue Intersection Area Canopies and balconies may encroach three feet into the required setback along both Harbor Boulevard and Katella Avenue. Canopies for ground floor seatiniz and dininiz areas may encroach within the reauired setback along Katella Avenue to the properly line. .070 Paving Within the Harbor Boulevard /Katella Avenue Intersection Area. Up to one hundred percent (100 %) of the setback area may be paved provided: .0201 The paved area will serve pedestrian- related activities (outdoor dining, access to retail stores integrated with hotel /motel developments, and similar uses), and .0202 Landscaping shall be designed and installed in conformance with the tree densi , requirements identified in the Design Plan and depicted in Exhibit 5.6.6.3a (Tree Density Factor Plan). Trees may be provided in decorative containers consistent with the architecture of the project. Item 7 Table 116 -K P Permitted by Right Permitted, Conditionally Permitted and C Conditional Use Permit Prohibited Signs N Prohibited Sign Type C -R Special Provisions District A -frame or "sandwich board" N signs Animated signs N Attachments or "riders" to signs N Automotive Service Station C Subject to Table 116 -K of Section Signs 18.116.160 .040.0401 (Automotive Service Station Signs) and Planning Standard Detail No. 7. Awning (Canopy Signs) P Canopy signs on awning valances are considered wall signs and are subject to the provisions of wall signs as provided in Section 18.116.160 Table 116 - S; Table 116 -T; and Table 116 -U; and, the following provisions: (a) Such signs shall be permitted on awning valances, provided awnings shall not be permitted to project over or into a public right -of -way and the awnings shall be an integral part of the building design. (b) Said signs shall be pedestrian oriented; (c) Said signs shall not be internally illuminated; (d) Only fifteen percent (15 %) of the entire surface of the awning may be utilized for the sign; (e) Said sign may include the company name and /or company symbol /logo; and, (f) Up to one canopy /awning may have "The Anaheim Resort" logo located on the canopy /awning in a size and location approved by the Planning Director. Beacon lights or beacon signs, N when the intent of such signs is advertising and not entertainment, which shall not have adverse glare on adjoining properties. Billboards N Business information signs N Can -type signs which N incorporate translucent copy and translucent background. Changeable copy signs C Including electronic message boards for a theater, entertainment facility, convention center, amusement park; or-,-for hotel complexes and recreational vehicle or campsite parks provided the site on which the use is located is a minimum of four (4) acres in area or, for hotel complexes when the sign is not visible from any public right -of -way, - as may be seen from a point six 6) feet above ground level In addition, the following provisions shall apply to such signs: (a) In addition to the permitted business identification wall signs, changeable copy signs shall be wall signs provided the top of such sign is below the cornice of the building or twenty -five (25) feet, whichever is lower, except theaters or entertainment facilities, which may have a changeable copy sign which displays identification and program information, the name of the theater or auditorium and it may be a marquee sign. Changeable copy signs for hotel complexes which are not visible from any public right -of -way, as may be seen from a point six (6) feet above ground level may exceed the twen -five (25) foot height . limitation subject to compliance with applicable height standards. (b) Such signs shall not be visible from residentially developed properties. (c) The design of such signs shall be integrated with the architecture of the building. (d) Animation and bare bulbs are allowed as they pertain to bulb matrix technology (a technology used for reader board changeable message signs). Except under the above provisions, no other changeable copy signs are otherwise permitted. "Come -on" signs (e.g., "Sale N Today," "Stop," "Look," "Going out of Business," etc.). "Closed and Open" Signs P Subject to Table 116 -0 of this Section. Emitting signs N Exposed neon signs. N Flashing or traveling light signs. N Fluorescent colors on signs N except for colors on company symbols. Freestanding Monument Signs. P Subject to Table 116 -P of Section 18.116.160 and Planning Standard Detail Nos. 5, 6, 7 or 8. Informational, Regulatory and P Subject to Table 116 -R of Section Directional (IRD) signs NOT 18.116.160 .050.0405 (Informational, Regulatory visible from the Public Right -of- and Directional (IRD) signs NOT visible from the Way. Public Right -of -Way). Informational, Regulatory and P Subject to Section 18.116.050 (Informational, Directional (IRD) signs Regulatory and Directional (IRD) signs VISIBLE VISIBLE from the Public Right - from the Public Right -of -Way). of -Way Landscape signs. N Magnetic signs. N Off - premises or off -site N directional signs. On -site directional guidance and N on -site directory signs which are not part of a coordinated architectural, informational, directional and regulatory sign system. Paper, cloth and plastic streamer N signs, and flags, banners and fixed balloons except as otherwise permitted pursuant to Section 18.44.170 (Temporary Signs — Special Event Permit). Painted signs on exterior walls. N Parapet signs N Except as otherwise permitted for automotive service stations pursuant to section 18.116.160 .040.0401 (Automotive Service Station). Pennants except as otherwise N permitted pursuant to Section 18.44.170 (Temporary Signs — Special Event Permit). Pole signs N Political Campaign signs P Notwithstanding any other provision of this chapter, political campaign signs shall be permitted on private property subject to 18.44.210 (Political Signs) with the exception that such signs shall comply with the following: (a) Sight Distance. Such signs shall comply with the minimum sight distance requirements set forth in paragraph 18.116.160 .020.0208 (Minimum Sight Distance Requirements for Freestanding Signs); (b) Code Compliance. Such signs shall comply with the provisions of Section 4.04.130 (Prohibition of Signs in the Public Right -of -Way); and (c) Title 15 Compliance. Any structure to which a political sign is attached shall comply with all applicable provisions of Title 15 `Building and Housing" of the Anaheim Municipal Code, except that no building permit shall be required for a temporary political campaign sign having a surface area of thirty-five (35) square feet or less and which structure is removed within one hundred and twenty (120) days of its erection or placement, or within thirty (30) days after the election to which the sign relates, whichever occurs first. Portable signs N Product advertising signs (e.g., N soft drinks, cigarettes, etc.). Projecting signs C As defined in subsection 18.44.030 (Signs) and subject to the following provisions: (a) A maximum sign area of four (4) square feet; (b) One (1) per business or store front (c) Limited to the business name and /or logo (d) Lowest point of sign shall be eight (8) feet above ground level directly below sign. (e) Maximum height to be determined by Conditional Use Permit. (f) Sixteen(16) -foot minimum distance between signs on the same parcel. (g) Thirty (30) inch maximum projection from building face. (h) Externally illuminated signs only. Replicas of official traffic N control signs or signs so similar as to be confusing or hazardous to traffic. Restaurant Menu Board P Subject to the following provisions: (a) One (1) per main entrance to restaurant; (b) Limited to display of restaurant menu only; (c) Shall be permanently affixed to building wall adjacent to main entrance; (d) A maximum sign area per face of 4 square feet; (e) A maximum 3 -inch projection from building face; (f) May be internally illuminated. Roof signs N Rotating or revolving signs N Signs attached to trees or N landscaping Signs neither otherwise C expressly permitted nor otherwise expressly prohibited in this Zone. Signs projecting over or into the N public right -of -way except as otherwise expressly permitted herein. Statues utilized for advertising N purposes. Temporary signs except as N otherwise expressly permitted herein. Vehicle entrance or exit signs N which incorporate business name(s) or other advertising not in compliance with Section 18.116.160 .050.0304 and Table 116 -N "Informational, Regulatory and Directional (IRD) Signs Visible from the Public Right -of- Way." Vehicle signs (signs mounted or N displayed on a vehicle for advertising purposes) or the parking or storing of advertising vehicles on public or private property. Wall Signs P Walls located below the third (3rd) floor level of a building and which signs are located on a prope adjacent to and visible from residentially developed properties are not permitted. Subject to Table 116 -Q, Table 116 -R and Table 116 -S of Section 18.116.160 (Regulation of Specific Types of Signs) Window Identification Signs P Subject to the following provisions: (a) A maximum sign area often percent (10 %) of the area of the largest glass windowpane or four (4) square feet, whichever is less, positioned so that views into the premises are not obstructed; (b) The maximum number of signs per lot is subject to the provisions for wall signs indicated in Tables 116 -Q 116 -R and 116 -S; (c) Sign copy is limited to the business name and /or logo; (d) Painted, screen - printed or leafed letters /symbol on to interior surface of glass. Window Signs N Including neon signs and signs painted on display windows with day -glo, or temporary paint (other than permitted window identification signs as defined above (Window Identification Sign)). Item 8 .040 Freestanding Monument Signs. Freestanding signs shall be monument signs except as provided elsewehre in this chapter and shall comply with Table 116 -Q. Table 116 -Q Freestanding Monument Signs Street Frontage 0 -60 ft. >60 -150 ft. >150 -300 ft. >300 ft. Maximum Sign None See Planning Standard Detail Nos. 5, 6 and 7 on file in the Area Per Sign Planning Department. Face Maximum None One (1) per street frontage. (A) One (1) per six Number of Signs hundred and sixty Per Lot (660) feet of street frontage. (B) Minimum Setback Not Applicable Two (2) feet From Public Pu Right-of-Way Except adjacent to Harbor Boulevard between Orangewood Avenue and Interstate -5 Freeway and adjacent to Katella Avenue between Walnut Street and Interstate -5 Freeway where it shall be zero (0) feet. Maximum Height Not Applicable Nine (9) feet oriented on a horizontal format. to Top (C) Eleven and one half (11.5) feet oriented on a vertical format. Sign Copy Not Applicable Name and /or logo of the development and /or name and /or logo of up to three (3) tenants /accessory uses. (D) Total area for sign copy shall not exceed seventy -five percent (75 %) of total sign face and shall not be closer than ten (10) inches to any edge. Illumination Not Applicable Illumination Limitations No bare bulbs, exposed neon, animated or flashing signs. Allowable illumination Letters /symbols routed from painted opaque background with internally illuminated push- through copy. Ground mounted spotlights screed from public view by landscaping. Other Limitations Not Applicable All signs to be mounted on the standard Anaheim Resort (E) sign base which is not included in the area calculation of the sign. Signs shall identify development address in the location specified on sign details on file in the Planning Department. All signs except corner locations shall be located in the middle 40% of the street frontage. For corner locations (A) For corner lots, one freestanding monument sign is permitted on each street frontage (up to two (2) signs per lot), provided that if two (2) signs are installed, each sign shall be located a minimum distance of seventy -five (75) feet from the intersection and the sign copy of both signs is not legible at the same time from any point on the adjacent rights -of -way. If one sign is installed, it is permitted to be installed at the corner or along either street frontage. (B) Maximum of two (2) signs per street frontage with a minimum distance of three hundred (300) feet between signs. (C) Signs located adjacent to Harbor Boulevard, between Orangewood Avenue and Interstate 5 Freeway; Orangewood Avenue; Walnut Street; and, West Street, south of Katella Avenue shall be oriented on a horizontal format, signs on all other streets in the District shall be oriented on a vertical format. (D) Multi- tenant signs are encouraged to use one consistent typeface for all tenants or one color for all sign copy. The capital letter height and logo of all tenant identification copy shall be the same on a single sign face. If a retail business within the Hotel/Motel is identified on the sign, the sign shall be considered a multi - tenant sign. (E) A special district has been created on Convention Way and Disneyland Drive between Katella Avenue and Ball Road. Hotels/Motels developed in this district may integrate the allowable sign area specified for freestanding monument signs into a feature landscape element, such as a wall or other landscape feature that expresses the architecture or thematic character of the development or establishment. This sign area shall be defined according to Code Section 18.116.160 .010.0102 "Area of Sign" in the Sign Code. This feature landscape element shall be used for identity signage in lieu of the standard monument sign base and can include the street address, professional affiliations, and vacancy information. These feature landscape elements are to frame the entry drive of each major hotel and can occur on one or both sides of the main driveway entrance to the hotel. The landscape element can extend into the required landscape setback, with the provision that: (a) a minimum 7 -ft. setback from the public right -of -way be maintained; (b) that the landscape element does not violate the City's vehicle sight distance standards; and, (c) that it does not create a continuous wall along the Convention Way or the Disneyland Drive frontage. The maximum height of the landscape element within the required landscape shall not exceed 10 ft. and there shall not be more than two sign faces per hotel entry drive, consistent with the Design Plan sign standards. The type of sign illumination permitted shall be the same as those permitted under FREESTANDING MONUMENT SIGN listed above. F) For development located within the Harbor Boulevard / Katella Avenue Central Core Intersection Area as depicted on Exhibit 5.3.4a (Central Core Plan) of the Specific Plan, Multi - Tenant Signs integrated with the building architecture maj be permitted in lieu of a Freestanding Monument Sign subject to approval of a conditional use permit. The sign(s) must be integrated into the design of the building, consistent with project architecture and designed in accordance with the following: signs may be located at the corner. Any attachments or "riders" to signs shall be prohibited. All signs shall be placed perpendicular to the street. For Hotels/Motels, affiliation and vacancy information signs shall be in the location designated on the standard base diagram. (A) For corner lots, one freestanding monument sign is permitted on each street frontage (up to two (2) signs per lot), provided that if two (2) signs are installed, each sign shall be located a minimum distance of seventy -five (75) feet from the intersection and the sign copy of both signs is not legible at the same time from any point on the adjacent rights -of -way. If one sign is installed, it is permitted to be installed at the corner or along either street frontage. (B) Maximum of two (2) signs per street frontage with a minimum distance of three hundred (300) feet between signs. (C) Signs located adjacent to Harbor Boulevard, between Orangewood Avenue and Interstate 5 Freeway; Orangewood Avenue; Walnut Street; and, West Street, south of Katella Avenue shall be oriented on a horizontal format, signs on all other streets in the District shall be oriented on a vertical format. (D) Multi- tenant signs are encouraged to use one consistent typeface for all tenants or one color for all sign copy. The capital letter height and logo of all tenant identification copy shall be the same on a single sign face. If a retail business within the Hotel/Motel is identified on the sign, the sign shall be considered a multi - tenant sign. (E) A special district has been created on Convention Way and Disneyland Drive between Katella Avenue and Ball Road. Hotels/Motels developed in this district may integrate the allowable sign area specified for freestanding monument signs into a feature landscape element, such as a wall or other landscape feature that expresses the architecture or thematic character of the development or establishment. This sign area shall be defined according to Code Section 18.116.160 .010.0102 "Area of Sign" in the Sign Code. This feature landscape element shall be used for identity signage in lieu of the standard monument sign base and can include the street address, professional affiliations, and vacancy information. These feature landscape elements are to frame the entry drive of each major hotel and can occur on one or both sides of the main driveway entrance to the hotel. The landscape element can extend into the required landscape setback, with the provision that: (a) a minimum 7 -ft. setback from the public right -of -way be maintained; (b) that the landscape element does not violate the City's vehicle sight distance standards; and, (c) that it does not create a continuous wall along the Convention Way or the Disneyland Drive frontage. The maximum height of the landscape element within the required landscape shall not exceed 10 ft. and there shall not be more than two sign faces per hotel entry drive, consistent with the Design Plan sign standards. The type of sign illumination permitted shall be the same as those permitted under FREESTANDING MONUMENT SIGN listed above. F) For development located within the Harbor Boulevard / Katella Avenue Central Core Intersection Area as depicted on Exhibit 5.3.4a (Central Core Plan) of the Specific Plan, Multi - Tenant Signs integrated with the building architecture maj be permitted in lieu of a Freestanding Monument Sign subject to approval of a conditional use permit. The sign(s) must be integrated into the design of the building, consistent with project architecture and designed in accordance with the following: (i) One sign is permitted on each street frontage (U to two 2 signs per lot), provided that if two (2) signs are installed, each sign shall be located a minimum distance of seven . -five (75) feet from the intersection. If one sign is installed, it may be installed at the corner or along either street frontage. ii) Unless installed at the corner, the sign must be oriented perpendicular to the adjacent street. iii) The maximum permitted height is fourteen (14) feet and maximum permitted width is 11 feet. (iv) The sign may be single or double sided. (v) The total area of tenant copy may not exceed 135 square feet per side. Up to four tenants may be advertised. Item 9 Table 116 -5 Business Identification Wall Sign – Hotel/Motel Number of Stories 1 - 2 3-4 5 - 97 X38 or more Maximum Sign 160 square feet 200 square feet 250 square feet 300 square feet Area per Sign Face Maximum 2 feet 4 feet 4 feet, 6 inches 5 feet, 6 inches Letter /Symbol Height Symbol Only 3 feet 7 feet 8 feet 10 feet Maximum Height Maximum Two (2 per- build in ., except that for hotels or motels located on a corner Number of Signs properly, Lip to four (4 ) si may be permitted per 1✓et Bulldin For buildings at mid -block locations, signs shall be I L-ocated on non - adjacent building elevations; provided that for i.,,:'aings o n eam°r lots or for buildings over five (5) stories in height, the two wall signs may be located on adjacent building elevations as long as only one sign is legible at any time from any point on the adjacent public right -of -way. Buildings over five (5) stories may have one additional wall sign located on b each porte - cochere with a maximum letter /symbol height of eighteeli twee . -four (48 inches and one additional wall sign located above the main lobby pedestrian entrance with a maximum letter /symbol height of twee -four . (24) inches. Sign Copy Sign copy limited to hotel /motel name and /or logo. Sign copy shall be located no closer than one -half the size of the largest letter /symbol to the top and sides of the building wall or fascia or to the closest window line adjacent to the sign. Sign copy shall be located below the top of the building eave line or roof line, whichever is lower. Illumination Illumination Limitations No bare bulbs, exposed neon, animated or flashing signs. No internally illuminated can signs displaying corporate hotel /motel affiliations. No internally illuminated canopies /awnings. All raceways shall be concealed. Allowable Illumination For symbols only, sign cabinet with letters /symbol routed from opaque background with internally illuminated copy. Reverse metal pan channel letters /symbol with neon halo illumination. Internally illuminated channel letters /symbol with translucent face panels. Open pan channel letters /symbol with clear translucent face panels. Other Limitations 12 inch maximum projection from building face or from architectural projection Projection over the public right -of -way is prohibited. Signs shall be attached without visible supports or raceways. Canopy and awning sign design must be an integral part of the building design and are in lieu of permitted wall signs. Wall signs located below the third (3) floor level of a building and which signs are located on a property adjacent to and visible from residentially developed properties are not permitted. Item 10 Table 116 -T Accessory Business Wall Sign — Hotel /Motel Maximum Up to eighly percent (80 %) of the tenant storefront length. Length of Sign n r „ Der F-, ee Maximum One (1) sign that is visible from the public right -of -way per business of- store Number of 4e*t. If a business has frontage on two streets, two (2) signs may be permitted, one facing each street. An additional sign may be permitted on the corner, if the Signs Per L-e fflusiness main entrance to the business is located on the corner. Sign Copy Limited to business name and /or logo. Limitations Shall be located below the second floor line. Maximum Letter Height: thi , -six (36) inches for the first letters, twenty -four (24) inches pe r--�or copy Maximum Symbol Height (when used with a company name or logo): �- feufthi -six (-2436) inches Symbol Only Maximum Height: �thi -six (2436) inches Other No flashing signs, exposed neon or bare bulbs. Limitations Signs shall be attached without visible supports or raceways. Signs shall be installed directly above or adjacent to the main entrance of the business. himite Wall signs are permitted for restaurant or retail shops with a GFA of less than 10,000 square feet when it has h&, _a separate entrance other than through hotel /motel lobby businesses with a GFA of 10,000 square feet or more may have one wall sign per street frontage whether or not it has a separate entrance other than through the hotel /motel lobby Accessory business wall signs not visible from the public right -of -way are exempt, provided they are part of a coordinated sign program. Item 11 THE ANAHEIM RESORT PUBLIC REAL LANDSCAPE PROGRAM Table of Contents 1.1 Purpose page 3 1.2 Landscape Concepts 3 1.2.1 Unity and Diversity 3 1.2.2 Use Plant Material to Create Scale 3 1.2.3 Establish a Recognizable Streets Geometry 3 1.2.4 Define a Plant Palette 4 1.2.5 Layer Landscape to Create Depth 4 1.2.6 Control Plan Material for Diversity and Balance 4 1.2.7 Colorful Plants to Emphasize a Festive Atmosphere 5 1.2.8 Landscape Perspectives 6 Harbor Boulevard Perspective looking South Harbor Boulevard Perspective looking North Harbor Boulevard Gateway Katella Avenue Perspective looking West Katella Avenue Perspective looking East 1.2.9 Landscape Concept Diagram 9 1.3 Public Streets 10 1.3.1 Harbor Boulevard 10 Typical cross section locations Cross section between Orangewood and 250' north of Disnev Wa Cross section north of Manchester Cross section north of Interstate 5 1.3.2 Katella Avenue 12 Typical cross section location Cross section 1.3.3 West Street/Disneyland Drive 13 Typical cross section locations Cross section north of Ball Cross section between Cerritos and Katella 1.3.4 West Street (south of Katella Avenue) 14 Typical cross section location Cross section south of Katella 1.3.5 Disney Way (east/west) 15 Typical cross section location Cross section East of Clementine 1.3.6 Clementine Street (north /south) 16 Typical cross section locations Cross section, condition without a Pedestrian and /or Transportation System(s) in Median Cross section, condition with A Potential Pedestrian and /or Transportation system(s) in Median north of Katella 1.3.7 Manchester Avenue 17 Typical cross section locations Cross section, west and north portions of Manchester Manchester, portions of Manchester adjacent to Interstate S 1.3.8 Walnut Street 18 Typical cross section location Cross section 1.3.9 Ball Road 18 Typical cross section locations Cross section (east of West Place), with painted median Cross section (West Place to Walnut Street), with landscaped median 1.3.10 Anaheim Boulevard /Haster Street 20 Typical cross section location Cross section 1.3.11 Convention Way 20 Typical cross section location Cross section 1.3.12 Pacifico Avenue 21 Typical cross section location Cross section between Harbor and Hasler 1.3.13 Orange Avenue 21 Typical cross section location Cross section 1.3.14 Local Streets 22 Typical cross section location Typical Local Street cross section (Arlo Way, Casa Vista Street, Cerritos Avenue, Ox Road, Vermont Avenue and Zeyn Street) 1.4 Harbor Boulevard /Katella Avenue Intersection Area 23 1.4.1 S 23 1.4.2 Sculptural Urban Design Elements 24 Resolutions (copies attached) 94R -239 Adopts The Anaheim Resort Public Real Landscaping Program (a 22 -page booklet) A copy of the Anaheim Resort boundary map is included herein, at the end of the booklet 96R -178 Amends the Landscape Program pertaining to Disney Way (former east /west Freeman), Harbor Boulevard, Walnut Street and West/Disneyland Drive (Entire 22- page booklet is replaced) 99R -137 Amends page 9 of the booklet to permit an opening in the landscaped median in Clementine Street (north /south), Attachment No. 1 is the new page 9 which has added text in the diagram (In error, page 9 from 1994 booklet was used instead ofpage 9 from 1996 revised booklet) 2002R -56 Amendment 3 of the Landscape Program amends page 9 of the booklet to permit an opening the landscaped median in Disney Way; the attachment to the resolution is the new page 9 which adds text to the diagram permitting the opening between Harbor Boulevard and Clementine Street. ATTACHMENT NO.3 [DRAFT] RESOLUTION NO. PC2009 -* * * A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CEQA MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. 2008 -00470 PERTAINING TO THE LAND USE ELEMENT WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No. 69R -644, showing the general description and extent of possible future development within the City; and WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004 -95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for General Plan Amendment No. 2008 -00470 to amend the Land Use Element of the General Plan to modify "Table LU -4: General Plan Density Provisions for Specific Areas of the City" to reflect a new density category created for the Commercial Recreation District of the ARSP. The new density category would be called "Low Medium Density (Modified)" and would accommodate 252 hotel rooms with 75,593 square feet of accessory uses; and WHEREAS, the proposed modifications to Table LU -4 and the Commercial Recreation land use designation description are shown in Exhibit "A" attached to this Resolution and incorporated herein by this reference as if set forth in full; and WHEREAS, General Plan Amendment No. 2008 -00470 is proposed in conjunction with Specific Plan Amendment No. 2008 - 00055, Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009 - 00297), Conditional Use Permit No. 2009 - 05403, Variance No. 2008 - 004761, Public Convenience or Necessity No. 2009 -00056 and Final Site Plan No. 2008 -00004 to construct a nine - story, 252 -room hotel with 75,593 square feet of supporting retail, spa, nightclub, lounges, restaurants, conference /meeting rooms and hotel offices; and WHEREAS, before the Anaheim City Planning Commission recommends approval of any General Plan amendment, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) The proposed amendment maintains the internal consistency of the General Plan; (b) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; (c) The proposed amendment would maintain the balance of land uses within the City; and -1- PC2009 - * ** (d) If the amendment is to the General Plan Land Use Map, the subject property is physically suitable to accommodate the proposed modification including, but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on March 2, 2009, 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, to hear and consider evidence for and against said proposed project actions, including General Plan Amendment No. 2008 - 00470, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Anaheim City Planning Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find: 1. That the proposed amendment maintains the internal consistency of the General Plan, as the proposed modifications to the General Plan are consistent with Goals 3.1, 3.2, 5.1 of 6.1 of the Land Use Element and Goal 1.3 of the Economic Development Element of the General Plan to pursue land uses along major corridors that enhance the City's image and stimulate appropriate development at strategic locations, as well promote attractive, pedestrian- friendly development along major transportation routes and key intersections. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to the Anaheim General Plan would not change the Commercial- Recreation land use designation on the subject property; 3. The proposed amendment would maintain the balance of land uses within the City, in that the proposed amendment would provide for a hotel with accessory retail and restaurant uses in a key intersection within The Anaheim Resort; and 4. The General Plan Land Use Land Use Map is unchanged, as the boundaries of the Commercial Recreation Land Use Designation have not been modified; and 5. That * ** indicated their presence at said public hearing in opposition; and that * ** correspondence was received in opposition to the subject petition. WHEREAS, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request 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. -2- NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim City Planning Commission does hereby recommend that the City Council of the City of Anaheim approve General Plan Amendment No. 2008 -00470 pertaining to Table LU -4 to reflect the "Low Medium Density (Modified)" density category as set forth in Exhibit "A" to this Resolution. BE IT FURTHER RESOLVED that the applicant 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 for this project. 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 March 2, 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. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, 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 March 2, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: March, 2009. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- Exhibit "A" NOTE: New words are shown in bold underline TABLE LU -4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY Location General Plan Land Use Designations Permitted Densi The Mountain Park Low Medium Hillside Density 485 Area Residential (Up to 6 du /ac) 2,015 Low Medium Density Residential (Up to 2,500 dwelling units) (Up to 16 du /ac) Area "A" (Parcel Map Low - Medium Density Residential Up to 140 dwelling units 94 -205 The Disneyland Resort Specific Plan Commercial Recreation See Note No. I on next page. (SP92 -1) Area The Anaheim Resort® Specific Commercial Recreation See Note No. 2 on next page. Plan (SP92 -2) Area Hotel Circle Specific Commercial Recreation The Hotel Circle Specific Plan allows for a Plan (SP93 -1) Area master planned hotel project including up to 969 hotel rooms and integrated guest oriented amenities including full - service restaurants, conference room/banquet facilities, pool and spa areas, tour bus /shuttle facilities, and pedestrian promenades and plaza areas with comprehensive landscaping. The Platinum Mixed -Use Up to 9,500 dwelling units at densities up to Triangle Area 100 dwelling units per acre; up to 3,265,000 s.f. of office development at maximum FAR of 2.00; and, up to 2,254,400 s.f. of commercial development at a maximum FAR of 0.40. Office High and Office Low Up to 1,735,000 s.f. of office development at a maximum FAR of 2.0 for properties designated Office -High and a maximum FAR of 0.50 for properties designated Office -Low. The Stonegate Low Density Residential Up to 35 dwelling units Development Area -5- TABLE LU -4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY (CONTINUED) Note No. 1: The Disneyland Resort Specific Plan provides for the development of an approximate 489.7 acre international multi -day vacation designation resort including ongoing modifications to the Disneyland theme park, the development of a new theme park, additional hotels and entertainment areas, administrative office facilities, new public and private parking facilities, and an internal transportation system. This development is within five planning Districts (Theme Park, Hotel, Parking, Future Expansion and District A) and a C -R Overlay, which allows development within the Overlay to either be consistent with the underlying Resort District or subject to the same land uses as in the Anaheim Resort Specific Plan No. 92 -2 Zone. The Disneyland Resort Specific Plan also identifies maximum development density designations for hotel /motel development in the Hotel District (up to 5,600 hotel rooms for the entire District with up to 1,000 hotel rooms transferable to the Theme Park District), in District A (the maximum number of units permitted would be 75 hotel /motel rooms per gross acre or 75 hotel /motel rooms per parcel existing on June 29, 1993, whichever is greater) and the C -R Overlay (the maximum number of units permitted on a parcel would be the following: 1) for parcels designated Low Density — up to 50 hotel rooms per gross acre or 75 rooms, whichever is greater; and 2) for parcels designated Medium Density — up to 75 hotel rooms per gross acre or 75 rooms, whichever is greater; provided that for those parcels that are developed with hotel /motel rooms which exceeded the maximum density designation, the number of rooms existing on the date of adoption of The Disneyland Resort Specific Plan Ordinance may be rebuilt or modified at their existing density.) It should be noted that accessory uses may be developed as well as other visitor - serving commercial /retail and restaurant uses along with these hotel /motel uses. The Disneyland Resort Specific Plan also provides for the development of the Anaheim GardenWalk project pursuant to the Anaheim GardenWalk Overlay at the following density and subject to the approval of Conditional Use Permit No. 4078, as amended, to permit the following: up to 569,750 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms /suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center, and 4,800 parking spaces. The Anaheim GardenWalk Overlay encompasses District A and the portion of the Parking District (East Parking Area) /CR Overlay south of Disney Way. Note No. 2: The Anaheim Resort Specific Plan provides for the development of approximately 582 acres within the C -R (Commercial Recreation) District which allows for hotels, motels, convention and conference facilities, as well as restaurants, retail shops and entertainment facilities; the PR (Public Recreation) District which encompasses the Anaheim Convention Center and associated parking facilities and provides for the orderly use of City -owned property as well as the existing Anaheim Hilton Hotel; the Mobilehome Park (MHP) Overlay which encompasses existing mobilehome parks within the C -R District and provides development standards for mobilehome parks and regulations and procedures to mitigate relocation concerns and adverse effects of displacement upon mobilehome owners when a park is converted to another land use; and, the Anaheim Resort Residential Overlay, which applies to focused areas of the Specific Plan and provides for the incorporation of residential uses into hotel developments when such uses are fully integrated into a minimum 300 -room full- service hotel. The Anaheim Resort Specific Plan also identifies maximum development density designations in the C -R District. These designations are based upon hotel /motel development and allow up to 20% of each hotel /motel project gross square footage, excluding parking facilities, to be developed with integrated (i.e., included within the main hotel /motel complex) accessory uses. These accessory uses will reduce the otherwise maximum permitted hotel /motel density at the rate of one hotel /motel room per six hundred (600) gross square feet of accessory use. For properties proposed to be developed with permitted and conditionally permitted uses other than hotels /motels with accessory uses, the traffic generation characteristics of said uses shall not exceed those associated with the otherwise permitted hotel /motel (including accessory uses) density as determined by the City Traffic and Transportation Manager prior to Final Site Plan review and approval. The density designations are as follows: "Low Density," which has a maximum density of up to 50 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; "Low- Medium Density," up to 75 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; "Low- Medium Density (Modified)," up to 252 rooms and 75,593 square feet of accessory uses; "Medium Density," up to 100 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; and, "Convention Center (CC) Medium Density," up to 125 rooms per gross acre with trip generation characteristics mitigated to the equivalent of 100 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater. For those parcels that are developed with hotel /motel rooms which exceed the maximum density designation, the number of rooms existing on the date of adoption of the Anaheim Resort Specific Plan Ordinance may be rebuilt or modified at their existing density. For projects that are developed in accordance with the Anaheim Resort Residential Overlay, the maximum number of dwelling units allowed shall be less than the number of hotel rooms proposed and such projects shall not create infrastructure impacts greater than the subject property's permitted hotel /motel density, as permitted by the property's underlying C -R District density designation unless otherwise mitigated through subsequent environmental analysis. W [DRAFT] RESOLUTION NO. PC2009 -* * * A RESOLUTION OF THE CITY OF ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CEQA MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENT NO. 13 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92 -2 (SPECIFIC PLAN AMENDMENT NO. 2008 - 00055) AND AMENDING ORDINANCE NO. 5453 ACCORDINGLY WHEREAS, on April 29, 1986, City Council of the City of Anaheim adopted Ordinance No. 4709 to establish uniform procedures for the adoption and implementation of Specific Plans for the coordination of future development within the City, and "Zoning and Development Standards" when the Specific Plan includes zoning regulations and development standards to be substituted for existing zoning under the Zoning Code, which "Zoning and Development Standards" shall be adopted by ordinance independent of the rest of the Specific Plan; and WHEREAS, the City Council of the City of Anaheim adopted the Anaheim Resort Specific Plan (ARSP) No. 92 -2 on September 27, 1994, to provide a long range, comprehensive plan for future development of approximately 549 -acres within The Anaheim Resort. The Specific Plan includes zoning and development standards, design guidelines and a public facilities plan, and permits the development of hotel /motel, convention, retail and other visitor - serving uses; and WHEREAS, in connection with the adoption of ARSP No. 92 -2, the City Council certified Environmental Impact Report No. 313, with a Statement of Findings and Facts and a Statement of Overriding Consideration, and adopted Mitigation Monitoring Program No. 0085; and WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599 amending Ordinance No. 5454 relating to ARSP No. 92 -2, Amendment No. 1, which amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a 4.67 -acre parcel into the ARSP No. 92 -2 Zone; and WHEREAS, Amendment No. 2 to the ARSP No. 92 -2, a request to amend the zoning and development standards to add "Coffee House" as a conditionally permitted accessory use in conjunction with an automobile service station, was denied by the Anaheim City Planning Commission on October 12, 1998, and the petition was subsequently withdrawn by the applicant at the January 26, 1999, City Council meeting; and WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance No. 5453 relating to Adjustment No. 1 to the ARSP No. 92 -2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to structural setbacks and yard requirements to reflect the local street status of Convention Way; and - 1 - PC2009- * * * WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964 amending Ordinance Nos. 5454 relating to Amendment No. 3 to ARSP No. 92 -2, which amendment revised the legal description and boundaries of the ARSP by reclassifying and incorporating a 0.73 -acre parcel into the ARSP No. 92 -2 Zone; and WHEREAS, on September 21, 1999, the City Council adopted Ordinance No. 5703 relating to Adjustment No. 2 to the ARSP No. 92 -2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to the minimum landscape setback requirement for properties adjacent to Manchester Avenue between Katella Avenue and the southern boundary of the ARSP Area; and WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769 relating to Adjustment No. 3 to the ARSP No. 92 -2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to temporary parking requirements; and WHEREAS, on April 26, 2004, the City Council adopted Ordinance No. 5910 amending Ordinance No. 5453 relating to Adjustment No. 4 to the ARSP No. 92 -2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to office uses in a legal non - conforming building; and WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5922 amending Ordinance No. 5454 relating to Amendment No. 5 (which also incorporates Amendment No. 4) to the ARSP No. 92 -2, which amendment revised the legal description and boundaries of the ARSP by reclassifying and incorporating 27 acres into the ARSP No. 92 -2 Zone; and WHEREAS, on February 8, 2005, the City Council adopted Ordinance No. 5954 amending Ordinance No. 5453 relating to Amendment No. 6 to the ARSP No. 92 -2, which amendment modified the Zoning and Development Standards pertaining to the establishment of mini - market /convenience markets as accessory uses in conjunction with a relocated service station and prohibition of tow truck operations in conjunction with service station facilities; and WHEREAS, on September 12, 2006, the City Council adopted Ordinance No. 6036 amending Ordinance No. 5453 relating to Amendment No. 7 to the ARSP No. 92 -2, which amendment modified the Zoning and Development Standards pertaining to the establishment of an ARR (Anaheim Resort Residential) Overlay to provide the opportunity to develop residential units in conjunction with high - quality, luxury hotels within targeted areas; and WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 6058 amending Ordinance No. 5453 relating to Amendment No. 8 to the ARSP No. 92 -2, which amendment relates to modifications to the Zoning and Development Standards pertaining to development criteria for wholly - residential development within the ARR Overlay on a designated 26.7 acre site within the ARSP Area; and WHEREAS, on March 4, 2008, the City Council adopted Ordinance No. 6099 amending Ordinance No. 5453 relating to Amendment No. 9 to the ARSP No. 92 -2, to repeal modifications to the Zoning and Development Standards, previously approved by Amendment No. 8 to the ARSP No. 92 -2; and -2- PC2009 -* * * WHEREAS, on February 20, 2008, Anaheim City Planning Commission approved Specific Plan Amendment No. 10 to the ARSP No. 92 -2 to construct a mixed use project consisting of a 105 -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 and the petition was subsequently withdrawn by the applicant; and WHEREAS, on March 4, 2008, City Council adopted Ordinance No. 6098 amending Ordinance No. 5453 relating to Amendment No. 11 to the ARSP No. 92 -2 and to amend the General Plan to generally prohibit residential development within The Anaheim Resort unless such a project included environmental and economic analysis, city council approval and voter approval at a city election; and WHEREAS, on October 14, 2008, City Council adopted Ordinance No. 6117 amending Ordinance No. 5453 relating to Amendment No. 12 to the ARSP No. 92 -2 to redesignate a 5.9 acre, "L "- shaped property at Ball Road and Walnut Street from Low - Density to Medium Density to develop a 120 -room hotel; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Specific Plan Amendment No. 2008 -00055 (also referred to herein as "the proposed Amendment No. 13 to the ARSP No. 92 -2 "); and said amendment is a proposal to create a new density category called "Low Medium Density (Modified)," to redesignate 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 by this reference from Low Medium Density to Low Medium Density (Modified), to amend the Central Core and Special Intersection Landscape Treatment to allow special landscape and hardscape treatments at the corner of Harbor Boulevard and Katella Avenue, and amend the sign code to allow a greater number and larger signs that currently permitted by Code for hotels and accessory retail, allow a changeable copy sign for a hotel when not visible from street level subject to approval of a conditional use permit, allow murals subject to approval of a conditional use permit and allow building integrated multi -tenant signs subject to approval of a conditional use permit; and as more particularly described in Exhibit "C" attached hereto and incorporated by this reference; and WHEREAS, Exhibits "B" and "C" attached hereto and incorporated by this reference depict the proposed Low Medium Density (Modified) designation on the certain real property and the text and exhibits of the ARSP proposed for amendment; and WHEREAS, Specific Plan Amendment No. 2008 -00055 is proposed in conjunction with General Plan Amendment No. 2008 - 00470, Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009 - 00297), Conditional Use Permit No. 2009 - 05403, Variance No. 2008 - 004761, Public Convenience or Necessity No. 2009 - 00056, and Final Site Plan No. 2008 -00004 to construct a nine - story, 252 -room hotel with 75,593 square feet of supporting retail, spa, nightclub, lounges, restaurants, conference /meeting rooms and hotel offices; and -3 - PC2009 -* * * WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on March 2, 2009, 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, to hear and consider evidence for and against said proposed project actions, including Specific Plan Amendment No. 2008 - 00055, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at the time and place fixed for said public hearing, the Anaheim Planning Commission did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the Anaheim City Planning Commission does find, after careful consideration of all evidence and reports submitted to said Commission, and all evidence and reports offered at said public hearing, that all of the findings set forth in Section 18.72.060 of the Anaheim Municipal Code required for the recommendation for approval of said specific plan amendment are present for the following reasons: 1. The property proposed for the specific plan amendment is located in the Anaheim Resort Specific Plan, an area of the City that is designated for tourist and visitor - serving uses. The property proposed for redesignation to the Low Medium Density (Modified) density category is located at the intersection of Katella Avenue and Harbor Boulevard, the two major streets in the central core of The Anaheim Resort and in close proximity to the Disneyland Resort and the Anaheim Convention Center; 2. The specific plan amendment is consistent with the goals and policies of the General Plan, subject to, and dependent upon, the approval of General Plan Amendment No. 2008- 00470, now pending, to redesignate the property located at 1820 South Harbor Boulevard to the "Low Medium Density (Modified) density category. The specific plan amendment is also consistent with the purposes, standards and land use guidelines of the General Plan, as amended, in that the subject properties located in the Anaheim Resort Specific Plan are designated by the General Plan for Commercial Recreation land uses and the proposed project located at 1820 South Harbor Boulevard is for hotel development; 3. That the specific plan amendment results in development of desirable character that will be compatible with existing and proposed development in the surrounding neighborhood since a hotel complex is proposed with a mix of uses that would complement the surrounding tourist - oriented land uses; the establishment of special hardscape and landscape standards will enhance the pedestrian experience at this heavily pedestrian- oriented intersection; and appropriate modifications to hotel and accessory uses sign standards will provide greater flexibility and identification for hotels and accessory uses located on corner properties within the ARSP. 4. That the specific plan amendment contributes to a balance of land uses throughout the City by increasing the development opportunity of an important commercial intersection within The Anaheim Resort, thereby encouraging commercial land uses at a location identified in the General Plan; and 5. That the specific plan amendment respects environmental, aesthetic and historic resources consistent with economic realities because the hotel and accessory uses will be -4- PC2009- * * * constructed on a previously developed property that has been partially demolished and that has no sensitive environmental issues, or significant aesthetic or historic value. 6. That * ** persons indicated their presence at said public hearing in opposition; and that * ** correspondence was received in opposition to the subject petition. WHEREAS, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request 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, pursuant to the above findings, the Anaheim City Planning Commission does hereby recommend City Council approval of Specific Plan Amendment No. 2008 -00055 as described above and contained in the attached Exhibits "B" and "C ". BE IT FURTHER RESOLVED that approval of Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055) is subject to approval of General Plan Amendment No. 2008 - 00470; and BE IT FURTHER RESOLVED that the applicant 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 for this project. 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 Anaheim City Planning Commission meeting of March 2, 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. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -5 - PC2009 -* * * 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 Planning Commission held on March 2, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: March, 2009. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2009 -* * * EXHIBIT "A" SPECIFIC 'PLAN AMENDMENT NO. 2008 - 00055 KATELLA AVE 540' [1t N N N 550' 0 J Ci] a lY Q 2 Source : Recorded Tract Maps and/or City J10715 v Please note the accuracy is +I- two to five Feet -7- PC2009 -* * * EXHIBIT `B" SPECIFIC PLAN AMENDMENT NO. 2008 -00055 Commercial Recreation (C -R) District J 7 No "'M 0 Key to Features Designated for Future Extension in Low density: Up to 50 hotel Rooms/Gross Acre General Plan Circulation Element or 75 rooms per parcel, whichever is greater ,. Low - Medium Density: Up to 75 Hotel Rooms/ ]� Anaheim City Boundary Gross Acre or 75 roams per parcel, whichever is greater The Anaheim Resort`" Boundary Low - Medium Density (Modified): Up to 252 Hotel Rooms with 75,593 square feet of accessory uses, Medium Density: Up to 100 Hotel Rooms/Grow Acre or 75 rooms per parcel, whichever is greater Convention Center Medium: Up to 125 Hotel Rooms /Gross Acre or 75 rooms per parcel, whichever is greater ** City of Anaheim * trip generation characteristics mitigated to the equivalent Planning GIS of 100 rooms per gross acre. March 2, 2009 -8- PC2009 -* * * Development Density Plan EXHIBIT "C" SPECIFIC PLAN AMENDMENT NO. 2008 -00055 -9- PC2009 -* * * The attached documents reflect the proposed amendments to the (1) Anaheim Resort Specific Plan (ARSP) exhibits, (2) sections of Chapter 18.116 (Anaheim Resort Specific Plan No. 92 -2 Zoning and Development Standards), and (3) The Anaheim Resort Public Realm Landscape Program. Anaheim Resort Specific Plan: Item 1: C -R District Development Density Summary Tabulation Item 2A: C -R District Development Density Plan (Existing) Item 2B: C -R District Development Density Plan (Proposed) Item 3A: Central Core Plan (Existing) Item 3B: Central Core Plan (Proposed) Item 4A: Landscape Concept Diagram (Existing) Item 413: Landscape Concept Diagram (Proposed) Chapter 18.116 (Anaheim Resort Specific Plan No. 92 -2 Zoning and Development Standards Item 5: 18.116.100.030 Landscaping Item 6: 18.116.130 Central Core Item 7: Table 116 -K Permitted, Conditionally Permitted and Prohibited Signs Item 8: 18.116.160.040 Freestanding Monument Signs Item 9: Table 116 -S Business Identification Wall Sign — Hotel /Motel Item 10: Table 116 -T Accessory Business Wall Sign — Hotel/Motel irra►•` C -R District Development Density Summary Tabulation Density Maximum Approximate Existing Maximum Designation Density* Acres Hotel /Motel Hotel /Motel (rounded) Rooms Rooms* Low Up to 50 = 91.8 4 2 363 r ooms /acre 6,257 ** Low - Medium Up to 75 180.4 4,523 4,804 13,277 13,536 rooms /acre Low Medium Up to 378 2,45 79 378 (Modified) Hotel Rooms * ** Medium Up to 100 19.2 422 1,920 rooms /acre Convention Up to 125 55.4 X9- 220 6,926 Center (CC) rooms /acre * * ** ' Medium Total 32-3- 9 590 10,888 25,900 29,017 * The maximum density for each lot or parcel is the number of hotel /motel rooms /acre noted in this table or 75 rooms per lot/parcel existing on the date of adoption of the Anaheim Resort Specific Plan (ARSP), whichever is greater. For parcels that are developed with hotel or motel rooms which exceed the maximum density designation, the number of rooms existing on the date of adoption of the Anaheim Resort Specific Plan may be rebuilt or modified at their existing density. Due to the enhanced ultimate right -of -way required by adopted General Plan Amendment No. 331 for Harbor Boulevard (12 feet), Katella Avenue (23 feet), Freedman Way (11 1 /2 feet) and West Street /Disneyland Drive north of Ball Road (10 feet) and between Cerritos Avenue and Katella Avenue (2 1 /2 feet), to implement the Public Realm streetscape program, properties along these streets may include the additional right -of -way widths in their property acreage when computing density. ** The maximum number of hotel /motel rooms includes the existing 507 -room Dam Paradise Pier Hotel and 2,775 Hotel Rooms added by Amendment No. 5 to the ARSP. * ** Amendment No. 13 to the ARSP added the "Low- Medium (Modified)" Density Designation. The 378 Hotel Rooms Maximum Density is equivalent to 252 Hotel Rooms with 75,593 square feet of accessory uses as depicted on the Commercial Recreation (C -R) District Development Density Plan. * * ** The trip generation characteristics of these hotel /motel rooms shall be mitigated to the equivalent of 100 rooms per gross acre. Item 2A The Anaheim Resort Specific Plan A. Section. 3.0; Land Use Plan ysrma wore Place $do kpo0 The Anaheim Resort Specific Plan Anaheim, Caiitorn €a 90»00 M&N. oSgnmam n cdtulacrl rt w"h 14 "Weer Q. Sao seemn 40 of" speeft ftm' dacumwt to erne; 45 mlataa vwrovem w X, A,\ /e • PWeWd Av WWO l�� a �o a C-R District Develo De Plan ' i 1000 2000 feet '. o.A. Designated Future Alignment in General Plan Circulation Element* In connection with The Disneyland Resort Specific Plan, Cerritos Avenue Is planned to be reloc ated 1,000 to 1.100 feet northerly and a portion of West Street Is planned to become a cul-de -sac (West Place) Exhibit 3.3.3b —C -R District Development Density Plan Page 3 -14 Limit of Anahei n Resort Designated for Future Extension In General Plan Circulation Element Low Density: Up to 50 Hotel Rooms /Gross 3 Acre or 75 rooms, whichever is greater Low - Medium Density: Up to 75 Hotel Rooms/ Gross Acre or 75 rooms, whichever is greater Medium Density: Up to 100 Hotel Rooms/ Gross Acre or 75 rooms, whichever is greater Convention Center Medium: Up to 125 Hotel Rooms /Gross Acre or 75 rooms, whichever is greater** °With trip generation characteristics mitigated to the equ ivalent of 100 rooms per gross acre Exhibit 3.3.3b —C -R District Development Density Plan Page 3 -14 Item 2B - 0 . — . a 8 . Comm Recreation (C-R,) Distric Development Densi Pl Feel Designated for Future Extension in Lover Density: Up to 50 Hotel Rooms/Gross Acre General Plan Circulation Element or 75 rooms per parcel, whichever fs greater . r Love - Medium Density; Up to 75 hotel Roorns/ Anaheim City Boundary Gross Acre or 75 rooms per parcel, whichever is greater a a The Anaheim Resort" Boundary Low - Medium Density (Modified): Up to 252 Hotef Rooms with 75,593 square feet of accessory uses. 3` Medium Density: Up to 100 Hotel Rooms /Gross Acre or 75 rooms per parcel, whichever is greater ** With trip generation characteristics mitigated to the �,,�;�, Convention Center Medium, Up to equivalent of 100 rooms per gross acre, 125 Hotel Rooms /Gross Acre or 75 roorns per parcel, whichever is greater`* March 2, 20€19 Amendment No. 13 �:: a A�:s Item 3A The Anaheim Resort Specific Plan * Section 3.0: Land Use Plan I Ay�� \e v" west PK PA. -«, - � � 3 $to fpW _ LL..- n= 6 • - � ` Done i 4 -�., -, U fm t i � CrengowooCAVenifd� - The Anaheim Resort Specific Plan Anaheim, California) 0 1000 2000 feet . Norih soon= . • = Designated Future Alignment in General Plan Circulation Element* In connection with The Disneyland Resort Specific Plan, Cerritos Avenue is planned to be relocated 1,000 to 1,100 feet northerly and a portion of West Street is planned to become a cul-de-sac (West Place) Exhibit 3.3.40— Centro! Core ka?&W AvEnr� elrgnMW in cc —coon wmi F5 ""'a"V. see Seaton 4.0 n entr e>' f r ocumenitere tit reWeetl mpwements. e 1 a p \� aa Pacrlic0 AvBny9 W Limit of Anaheim Resort Anaheim Resort Specific Ax ` Plan Boundary Designated for Future Extension in General Plan Circulation Element Central Core (standards and guidelines apply to properties with frontage along these portions of Katello Avenue and Harbor Boulevard) ® Special landscaped Intersections described in Section 5.5.3,4 of the Specific Plan document -�., -, U fm t i � CrengowooCAVenifd� - The Anaheim Resort Specific Plan Anaheim, California) 0 1000 2000 feet . Norih soon= . • = Designated Future Alignment in General Plan Circulation Element* In connection with The Disneyland Resort Specific Plan, Cerritos Avenue is planned to be relocated 1,000 to 1,100 feet northerly and a portion of West Street is planned to become a cul-de-sac (West Place) Exhibit 3.3.40— Centro! Core ka?&W AvEnr� elrgnMW in cc —coon wmi F5 ""'a"V. see Seaton 4.0 n entr e>' f r ocumenitere tit reWeetl mpwements. e 1 a p \� aa Pacrlic0 AvBny9 W Limit of Anaheim Resort Anaheim Resort Specific Ax ` Plan Boundary Designated for Future Extension in General Plan Circulation Element Central Core (standards and guidelines apply to properties with frontage along these portions of Katello Avenue and Harbor Boulevard) ® Special landscaped Intersections described in Section 5.5.3,4 of the Specific Plan document Limit of Anaheim Resort Anaheim Resort Specific Ax ` Plan Boundary Designated for Future Extension in General Plan Circulation Element Central Core (standards and guidelines apply to properties with frontage along these portions of Katello Avenue and Harbor Boulevard) ® Special landscaped Intersections described in Section 5.5.3,4 of the Specific Plan document e � z N p Central Care Plan Anaheim Resort Specific Plan Boundary ®aa4o� the Anahe Resort'" Boundary Anaheim City Boundary �., Designated for Future Extension in General Plan Circulation Element 7111 �/�� Central Core (standards and guidelines apply to properties with frontage along these portions of Katella Avenue and harbor Boulevard) Special Landscaped Intersections described in Section 5.6.3.4 of the Specific Plan document Harbor Boulevard /Katelia Avenue Central Core Intersection Area (Section 5.6.3.4a) Lam. March 2, 2009 Amendment No. 13 ® >® Item 3B Item 4A The Anaheim Resort Specific Plan Section 5.0 Design Plan AFlelrr101ing - Verrycal - IMI OrICroa COZY Trees `P P n 3 Landscape Concept Diag 1..�. Limit of Anaheim Resort for Anaheim Resort Public Realm -::::° Anaheim Resort specific Plan Boundary Designated for Future Extension in General Plan Circulation Element a 1000 =1 feet North Small, Medium or Large Canopy Trees (see tent) . Designated future Alignment in ® Palm or Vertical Trees General Pion Circulation Element' Streets with Landscape Median *in connection with The Disneyland Resort Specific Plan, Cerritos Avenue Is planned to t Landscape Cross Section Location (note: be relocated 1,000 to 1,100 feet northerly diagram does not show Local Street locations) and a portion of Vilest Street is planned.to become a cul-de -sac (West Place) Exhibit 5.3.4x — Landscape Concept Diagram for Anaheim Resort Public Realm Page 5 -20 The Anaheim Resort Specific Pion Anaheim, Colftmia Legend Item 4B Alte inating tall vertical and small canopy tree Alternating Vertical and Small ar Medium . Canopy Trees Note: symtxils are not intended to represent individual trees; see text and cross sections for additional information. Fm aic. ies mm m'r�mm��e a n a � A s �n one a sso i,iaa Landsca Con Diagram for Anaheim Resort Public Realm Fg� Anaheim Resort Specific Plan Boundary ! r mm The Anaheim Resort' Boundary �a Anaheim City Boundary Designated for Future Extension in General Plan Circulation Clement womm Streets with Landscape Median Landscape Cross Section Location (note: _. diagram does not show Local Street locations) Small, Medium or large Canopy Trees (see text) <�, Pala or Vertical Trees 0 -0- Alternating Trees (see text) —_ Multiple Rows of Palms Harbor Boulevard/Katelfa Avenue Centraf Core Intersection Area (See Section 1.4 of The Anaheim Resort Public Realm Landscape Program) Larch 2, 2009 Amendment No. 13 Close €y spaced $ Alt Vertica€ Trees'' €:rnat3ng �r e gi Vertical and MrAluns or Large Campy Trees 8�4E.L RC1 P wes PL-- G 0 or [Medi Medium or Large um 0� Cann T PY reel PY � ..� � ° Trees a lea 0 " :;.....MAGIC WY......i r & G ® MuEGp Rows ar -Q-6 � A Via, p a� Srnal€ or �s Medium or Large --�-<> 0 Canopy Trees - W x 14� Medium Canopy K. �tio 0 in Trees L 9- Medium o Q q n ® . ° 0 ,. °0 x ,M-- Canopy Q� Trees ,�. 6 Alternating Vertical ® ® 4 : 0 > - d—and Medium or ®a olsr€�v WY I.arge Canopy Trees ® 0 0 & 'Q� z 14 KA - --- vfAV a n A� C3n° Bo a a �CONVLNTO?Tw ' � m tin Alte inating tall vertical and small canopy tree Alternating Vertical and Small ar Medium . Canopy Trees Note: symtxils are not intended to represent individual trees; see text and cross sections for additional information. Fm aic. ies mm m'r�mm��e a n a � A s �n one a sso i,iaa Landsca Con Diagram for Anaheim Resort Public Realm Fg� Anaheim Resort Specific Plan Boundary ! r mm The Anaheim Resort' Boundary �a Anaheim City Boundary Designated for Future Extension in General Plan Circulation Clement womm Streets with Landscape Median Landscape Cross Section Location (note: _. diagram does not show Local Street locations) Small, Medium or large Canopy Trees (see text) <�, Pala or Vertical Trees 0 -0- Alternating Trees (see text) —_ Multiple Rows of Palms Harbor Boulevard/Katelfa Avenue Centraf Core Intersection Area (See Section 1.4 of The Anaheim Resort Public Realm Landscape Program) Larch 2, 2009 Amendment No. 13 l iem 5 18.116.100 SCREENING, WALLS, FENCES, LANDSCAPING AND LIGH'T'ING — COMMERCIAL RECREATION (C -R) DISTRICT (DEVELOPMENT AREA 1). Subsection .030 Landscaping. .0301 Compliance with Design Plan Required. Except as otherwise provided in this chapter and in Section 18.116.130 (Central Core), all required setback areas shall be fully and permanently landscaped with lawn, trees and shrubs and may include walkways, plazas, fountains, and other similar materials (not including turf block) in accordance with the Design Plan. A minimum of eighty percent (80 %) of the required setback area, excluding driveways perpendicular to the street, on all lots abutting all public streets shall contain live landscape materials. .0302 Maintenance of Landscaping Required. All landscaped areas shall be permanently maintained in a neat and orderly manner as a condition of use and in accordance with the Design Plan. .0303 Required Size of Plant Material. All required trees shall be of a size at the time of planting not less than the minimum size specified in the Design Plan. If not specified in the Design Plan, the trees shall be fifteen (.15) gallon. All required shrubs shall be of a size at time of planting not less than the minimum size specified in the Design Plan, if not specified in the Design Plan, the shrubs shall be five (5) gallon. .0304 Replacement of Damaged, Diseased, or Dead Plant Material. Any required plant material planted on -site which is subsequently removed, damaged, diseased and /or dead shall be replaced on -site in a timely manner with comparable plant material with a minimum size as recommended by the Design Plan. .0305 Coverage. Groundcover shall be planted and maintained where shrubbery and /or trees are not sufficient to cover exposed soil. Mulch may be used in place of groundcover where groundcover will not grow or where groundcover will cause harm to the plant materials, subject to the approval of the Planning Department. .0306 Irrigation. All required landscape areas shall be provided and maintained with a permanent, automatic irrigation system. in accordance with the Design Plan. Such system shall incorporate water conserving features. .0307 Minimum Landscape and Open Space. The minimum landscape and recreation area for any hotel or motel use shall be fifteen (15 %) percent of the total area of the site. Such minimum landscaped open space may include: landscape areas with plantings of trees, shrubs and groundcover; water features including, but not limited to, swimming pools, spas, ponds, lakes, and fountains; pedestrian walkways and patios; landscaped areas within parking facilities; and, areas intended for emergency access paved with turf block. Paved areas intended primarily for vehicular traffic including, but not limited to, temporary and /or permanent parking facilities; driveways, and porte- cocheres shall not be considered as landscaped open space for the purposes of this requirement. .0308 Special Intersection Landscape Treatment. Concurrent with any building hereinafter erected in this Zone or any building structurally modified to an extent exceeding forty -five percent (45 %) of the gross floor area of said existing building within any two (2) year period, and which building is located on any lot abutting any of the following intersections, landscaping, paving and lighting improvements shall be provided within that certain intersection area as described in and in compliance with the criteria set forth in the Design flan: .01 Ball Road and Disneyland Drive. 02 dam.. Deleted 03 Harbor Boulevard and Orangewood Avenue. 04 patella Avenue and Haster Street/Anaheim Boulevard. .05 Katella Avenue and Disneyland Drive /West Street, .06 Manchester Avenue /Harbor Boulevard. .040 Exterior Lighting. All exterior lighting shall be in conformance with the Design Plan. (Ord. 6031 § 64 (part); August 22, 2006.) l le m 6 18.116.130 CENTRAL CORE. .010 Purpose. The purpose of the Central Core is to create a consistent, high quality pedestrian environment that reinforces the character established by the landscape and other streetscape elements identified in The Anaheim Resort Identity Program. The Central Core boundaries encompass lots or parcels with frontage on Harbor Boulevard between Interstate -5 Freeway and Orangewood Avenue and on Katella Avenue between Interstate -5 Freeway and Walnut Street. Subsections .020 and .040 below apply to the minimum required setback areas adjacent to the ultimate public right-of-way. Subsection .030 below applies to the area between the ultimate public right-of-way and the actual (constructed) building setback. Sub section s .050 thro .07 below a plrto developm n t encompassing lots_ ®r a rcels , with frontage o rs b oth Harbor Bou levard and Katell Ave nue, ide as the "Harbor Avenue Intersection Area and depicted oq 5.3 : 4a „( Centra l Core Plan), _Other guidelines for development of uses within the Central Core are provided in the Design Plan. .020 Required Landscape Setback Area. Up to eighty percent (80 %) of the required landscape setback area adjacent to the ultimate public right-of-way may be paved provided: .0201 The paved area will serve pedestrian- related activities (outdoor dining, access to retail stores integrated with hotelh - notel developments, and similar uses); and, .0202 Landscape shall be designed and installed in conformance with the tree density requirements identified :in the Design Plan and depicted in Exhibit 5.6.6.3a (Tree Density Factor Plan). .030 Location of Parking Areas. No parking areas shall be located between the ultimate public right- of-way and the actual (constructed) building setback. .040 Lighting. Fluorescent, low pressure sodium, high pressure sodium, and mercury vapor are prohibited in the front setback areas. 3 1 Septefabef 1 I , . .050. R__._equi pe Landsc__aped, Area Within the H arbor Bou levard/Kate Ila Aven In tersection Area. The minimu setba long Harbor Boulevard may, be reduced Jey�Ln ). feet., .060. Permitted E ncroac hm ents Within the Harbor Boulev Avenue Inters Area. Candies and balconies rrtav encroach three feet into the re�ir�d setback alon both, Harbor Boulevard and Katel Avenue.. or oun floor seatir; ,grad di_ rain areas LM g croach. withari the required se tback alo pg Katel Avenue to the. ' PLOTerty. - line. . ._.I'avin�._W the Harb Boulevard/Katel Avenue Intersection area, UJ tq one,_hu dyed percgpt -(! 0 the ,setback . area may be ayed.proyLded MO L --.T'he-pgV0O"jk 1US��c edestrian-related activities (914& 1 ' A� -P Q-r Ai�p:g& access to retail stores e atqd,,With hotel/mo I d I (�nts S LgTL and similar S .0202 ..-,.LLqd ca igg - L hall jLe dcsigytc,d armed in stalled in conformance with the tree �s --__ density requirements identified in the Desi Plan and ddieted in Exhibit 5.6.6.3a aay in decorative containers consistent with the architectu e of the nroiect, Item 7 Table 116 -K P Permitted by Right Permitted, Conditionally Permitted and C Conditional Use Permit Prohibited Signs N Prohibited Sign Type C -R Special Provisions District A -frame or "sandwich board" N signs Animated signs N Attachments or "riders" to signs N Automotive Service Station C Subject to Table 116 -K of Section Signs 18.116.160 .040.0401 (Automotive Service Station Signs) and Planning Standard Detail No. 7. Awning (Canopy Signs) P Canopy signs on awning valances are considered wall signs and are subject to the provisions of wall signs as provided in Section 1.8.1.1.6.160 Table 116- 5; Table 1 I6 -T; and Table 116 -U; and, the following provisions: (a) Such signs shall be permitted on awning valances, provided awnings shall not be permitted to project over or into a public right -of -way and the awnings shall be an integral part of the building design. (b) Said signs shall be pedestrian oriented; (c) Said signs shall not be internally illuminated; (d) Only fifteen percent (15 %) of the entire surface of the awning maybe utilized for the sign; (e) Said sign may include the company name and/or company symbol /logo; and, (f) Up to one canopy /awning may have "The Anaheim ResorJ' logo located on the canopy /awning in a size and Location approved by the Planning Director. Beacon lights or beacon signs, N when the intent of such signs is advertising and not entertainment, which shall not have adverse glare on adjoining properties. Billboards N Business information signs N Can -type signs which N incorporate translucent copy and translucent background. Changeable copy signs C Including electronic message boards for a theater, entertainment facility, convention center amusement parr, odor hotel complexes and recreational vehicle or campsite parks provided the site on which the use is located is a minimum of four (4) acres in areat hotel coLnplexes w hen the si rs is_ of visible_ frog any public .. ri ht - of va��, as n3 gy seen_ from a point six (6) feet above gr ound level. In addition, the following provisions shall apply to such signs: (a) In addition to the permitted business identification wall signs, changeable copy signs shall be wall signs provided the top of such sign is below the cornice of the building or twenty -five (25) .feet, whichever is lower, except theaters or entertainment facilities, which may have a changeable copy sign which displays identification and program information, the name of the theater or auditorium and it may be a marquee sign. Changeable c opy sigp for hot el_c o�g xes which are not visible f rom a v publi r gh ofµ wvv as rpm be seen from a i.nt .six feet above, ground level rnay.t the twer�t v fiye 25 foot l imitati on sect to pp with _�pl�c4 Wig het standards. (b) Such signs shall not be visible from residentially developed properties. (c) The design of such signs shall be integrated with the architecture of the building. (d) Animation and bare bulbs are allowed. as they pertain to bulb matrix technology (a technology used for reader board changeable message signs). Except under the above provisions, no other changeable copy signs are otherwise permitted. "Come -on" signs (e.g., "Sale N Today," "Stop," "Look," "Going out of Business, etc), "Closed and Open" Signs P Subject to Table 1160 of this Section. Emitting signs N Exposed neon signs. N Flashing or traveling light signs, N Fluorescent colors on sl ns N except for colors on company symbols. Freestanding Monument Signs. P Subject to Table 116 -P of Section 18.116.160 and Planning Standard Detail Nos. 5, 6, 7 or 8. Informational, Regulatory and P Subject to Table 116 -R of Section Directional (IRD) signs NOT 18.116.160 .050.0405 (Informational, Regulatory visible from the Public Right-of- and Directional (IRD) signs NOT visible from the Way. Public Right-of-Way). Informational, Regulatory and P Subject to Section 18.116.050 (Informational, Directional (IRD) signs Regulatory and Directional (IRD) signs VISIBLE VISIBLE from the Public Right- from the Public Right -of -Way). of-Way Landscape signs. N Magnetic signs. N Off - premises or off -site N directional signs. On -site directional guidance and N on -site directory signs which are not part of a coordinated architectural, informational, directional and regulatory sign system. Paper, cloth and plastic streamer N signs, and flags, banners and fixed balloons except as otherwise permitted pursuant to Section 18.44.170 (Temporary Signs -- Special Event Permit). Painted signs on exterior walls. N Parapet signs N Except as otherwise permitted for automotive service stations pursuant to section 18.116.160 .040.0401 (Automotive Service Station). Pennants except as otherwise N permitted pursuant to Section 18.44.170 (Temporary Signs — Special Event Permit). Pole signs N Political Campaign signs P Notwithstanding any other provision of this chapter, political campaign signs shall be permitted on private property subject to 18.44.210 (Political Signs) with the exception that such signs shall comply with the following: (a) Sight Distance. Such signs shall comply with the minimum sight distance requirements set forth in paragraph 18.116.160 .020.0208 (Minimum Sight Distance Requirements for Freestanding Signs); (b) Code Compliance. Such signs shall comply with the provisions of Section 4.04.130 (Prohibition of Signs in the Public Right-of-Way); and (c) Title 15 Compliance. Any structure to which a political sign is attached shall comply with all applicable provisions of Title 15 64 Building and Housing" of the Anaheim Municipal Code, except that no building permit shall be required for a temporary political campaign sign having a surface area of thirty -five (35) square feet or less and which structure is removed within one hundred and twenty (120) days of its erection or placement, or within thirty (30) days after the election to which the sign relates, whichever occurs first. Portable signs N Product advertising signs (e.g., N soft drinks, cigarettes, etc.). Projecting signs C As defined in subsection 18.44.030 (Signs) and subject to the following provisions: (a) A maximum sign area of four (4) square feet; (b) One (1) per business or store front (c) Limited to the business name and /or logo (d) Lowest point of sign shall be eight (8) feet above ground level directly below sign. (e) Maximum height to be determined by Conditional Use Permit. (f) Sixteen(16) -foot minimum distance between signs on the same parcel. (g) Thirty (30) inch maximum projection from building face. (h) Externally illuminated signs only. Replicas of official traffic N control signs or signs so similar as to be confusing or hazardous to traffic. Restaurant Menu Board P Subject to the following provisions: (a One (1) per main entrance to restaurant; (b) Limited to display of restaurant menu only; (c) Shall be permanently affixed to building wall adjacent to main entrance; (d) A maximum sign area per face of 4 square feet; (e) A maximum 3 -inch projection from building face; (f) May be internally illuminated, Roof signs N Rotating or revolving signs N Signs attached to trees or N landscaping .Sig� nsnei otherw C � r -5U1 p ermitted - nor otherwis ex ressly _prohiVLted in this Zone. Signs projecting over or into the N public right-of-way except as otherwise expressly permitted herein. Statues utilized for advertising N purposes. Temporary signs except as N otherwise expressly permitted herein. Vehicle entrance or exit signs N which incorporate business name(s) or other advertising not in compliance with. Section 18.116.160 .050.0304 and Table 116 -N "Informational, Regulatory and Directional (IRD) Signs Visible from the Public Right-of-Way," Vehicle signs (signs mounted or N displayed on a vehicle for advertising purposes) or the parking or storing of advertising vehicles on public or private property. Wall Signs P Walls located below the third (3rd) floor level of a adjacent to and visible from residentially developed properties are not permitted. Subject to Table 116 -Q, Table 1 16 -R and Table 116 -S of Section 18.116.160 (.Regulation of Specific Types of Signs) Window Identification Signs P Subject to the following provisions. (a) A maximum sign area often percent (10 %) of the area of the largest glass windowpane or four (4) square feet, whichever is less, positioned so that views into the premises are not obstructed; (b) The maximum number of signs per lot is subject to the provisions for wall signs indicated in Tables 116 -Q 116 -R and 116 -S; (c) Sign copy is limited to the business name and /or logo; (d) fainted, screen - printed or leafed letters /symbol on to interior surface of glass. Window Signs N Including neon signs and signs painted on display windows with day -glo, or temporary paint (other than permitted window identification signs as defined above (Window Identification Sign)). .040 Freestanding Monument Signs. Freestanding signs shall be monument signs except as provided elsewehre in this chapter and shall comply with Table 116-Q. Table 116 -Q Freestanding Monument Signs Street Frontage 0 -60 ft. >60 -150 ft. >150 -300 ft. >300 ft. Maximum Sign None See Planning Standard Detail Nos. 5, 6 and 7 on file in the Area Per Sign Planning Department. Face Maximum None One (1) per street frontage. (A) One (1) per six Number of Signs hundred and sixty Per Lot (660) feet of street frontage. (B) Minimum Setback Not Applicable Two (2) feet From Public Right-of-Way Except adjacent to Harbor Boulevard between Orangewood Avenue and interstate -5 Freeway and adjacent to Katella Avenue between Walnut Street and Interstate -5 Freeway where it shall be zero (0) feet. Maximum Height Not Applicable Nine (9) feet oriented on a horizontal format. to Top (C) Eleven and one half (11.5) feet oriented on a vertical format. Sign Copy Not Applicable Name and/or logo of the development and /or name and /or logo of up to three (3) tenants /accessory uses. (D) Total area for sign copy shall not exceed seventy -five percent (75 %) oftotal sign face and shall not be closer than ten (10) inches to any edge. Illumination Not Applicable Illumination Limitations . No bare bulbs, exposed neon, animated or flashing signs. Allowable illumination Letters /symbols routed from painted opaque background with internally illuminated push - through copy. Ground mounted spotlights screed from public view by landscaping. Other Limitations Not Applicable All signs to be mounted on the standard Anaheim Resort (E) sign base which is not included in the area calculation of the sign. Signs shall identify development address in the location specified on sign details on file in the Planning Department. All signs except corner locations shall be located in the middle 40% of the street frontage. For corner locations signs may be located at the corner, Any attachments or "riders" to signs shall be prohibited. All signs shall be placed perpendicular to the street. For Hotels /Motels, affiliation and vacancy information signs shall be in the location designated on the standard base diagram. (A) For corner lots, one freestanding monument sign is permitted on each street frontage (up to two (2) signs per lot), provided that if two (2) signs are installed, each sign shall be located a .minimum distance of seventy -five (75) feet from the intersection and the sign copy of both signs is not legible at the same time from any . point on the adjacent rights -of -way. If one sign is installed, it is permitted to be installed at the corner or along either street frontage. (B) Maximum of two (2) signs per street frontage with a minimum distance of three hundred (300) feet between signs. (C) Signs located adjacent to harbor Boulevard, between Orangewood Avenue and Interstate 5 Freeway; Orangewood Avenue; Walnut Street; and, West Street, south of Katella Avenue shall be oriented on a horizontal format, signs on all other streets in the District shall be oriented on a vertical format. (D) Multi- tenant signs are encouraged to use one consistent typeface for all tenants or one color for all sign copy. The capital letter height and logo of all tenant identification copy shall be the same on a single sign face. If a retail business within the Hotel/Motel is identified on the sign, the sign shall be considered a multi - tenant sign. (E) A special district has been created on Convention Way and Disneyland Drive between Katella Avenue and Ball Road. Hotels/Motels developed in this district may integrate the allowable sign area specified for freestanding monument signs into a feature landscape element, such as a wall or other landscape feature that expresses the architecture or thematic character of the development or establishment. This sign area shall be defined according to Code Section 18.116.160.010.01.02 "Area of Sign" in the Sign Code. This feature landscape element shall be used for identity signage in lieu of the standard monument sign base and can include the street address, professional affiliations, and vacancy information. These feature landscape elements are to frame the entry drive of each major hotel and can occur on one or both sides of the main driveway entrance to the hotel. The landscape element can extend into the required landscape setback, with the provision that: (a) a minimum 7 -ft, setback from the public right -of -way be maintained; (b) that the landscape element does not violate the City's vehicle sight distance standards; and, (c) that it does not create a continuous wall along the Convention Way or the Disneyland Drive frontage. The maximum height of the landscape element within the required landscape shall not exceed 10 ft. and there shall not be more than two sign faces per hotel entry drive, consistent with the Design Plan sign standards. The type of sign illumination permitted shall be the same as those permitted under FREESTANDING MONUMENT SIGN listed above. within the Harbor Boulevard/Katell Avenue Central Core Inters ection Ares as d ircted, gn_.Exhibit 5. o3.4a central Care an of the Speci Plan Mu lti�Ter t ^5 int�ted,with the _ _____., .. buildi architecture he.-pqrnitted in li eu of a, I~ ree €a , M S_ ign sabjecct to „ approval o f a c onditional use_pe ite The t gn s�mus —t-e- ir-te rated into,_t e,dcsi w the builcli , consiste t. with �r ct archi and des n accordance with the following __Qne-Agn. is mitted on cacti street frpntap� si S er �Iot pLe id I at _yLg�d!L _j wQ, (2) — L_ sigRs,_ar�inqalpd achqign, hall,hp located a minimum distance of sevent -five (75),req . from the intersection. . If onesianisi stalled, itmav be installed at the corner oral n either street fronta & �� instal I ed at t1le, comer the TmA ited 141ar. h t ' ... . .... . .... ree L Aq_Pr_Jer ft_AdjAqp_ The maximum p t is fourteen mitted width is I I feet. L " �sin I ordoublesided, The total area of tenant cQpy iq 135 art� t q. d to four tenants inut-P advertised. item 9 Table 116 -5 Business Identification Wall Sign -Hotel /Motel Number of Stories 1 - 2 3-4 5 97 ° b or more Maximum Sign 160 square feet 200 square feet 250 square feet 300 square feet Area per Sign Face Maximum 2 :feet 4 feet 4 feet, 6 inches 5 feet, 6 inches Letter /Symbol. Height Symbol Only 3 feet 7 feet 8 feet 10 feet Maximum Height Maximum Two (2) per h ex that f ®r hotels or mot els Loc o n a corner Number of Signs per L- fflgilcliri� ugVerrtty,. do four 41,si ns be permitted For build s at mid- blo si ns Shall be . 1-L ocated on non - adjacent building elevations; provided that . for buildings over five (5) stories in height, the two wall signs may be located on adjacent building elevations as long as only one sign is legible at any time from any point on the adjacent public right -of -way. Buildings over five (5) stories may have one additional wall sign located on t-L -eagh cochere with a maximum letter /symbol height of ° twe.._._..._ ty- f our..( 24) inches . and on additional wall s ign _ located above the main lobby destiriap entrance with,a, maxilT um a lett�r /srrnbQ beigh Of wen 4�Lur ____ T 24 �tichese Sign Copy Sign copy limited to hotel /motel name and /or logo. Sign copy shall be located no closer than one -half the size of the largest letter /symbol to the top and sides of the building wall or fascia or to the closest window line adjacent to the sign. Sign copy shall be located below the top of the building cave line or roof line, whichever is lower. Illumination Illumination Limitations No bare bulbs, exposed neon, animated or flashing signs. No internally illuminated can signs displaying corporate hotel /motel affiliations. No internally illuminated canopies /awnings. All raceways shall be concealed. Allowable Illumination For symbols only, sign cabinet with letters /symbol routed from opaque background with internally illuminated copy. Reverse metal pan channel letters /symbol with neon halo illumination. Internally illuminated channel letters /symbol with translucent face panels. !tern 10 Table 116 -T Accessory Business Wall Sign — :Hotel /Motel Maximum sq [ tcs , ? c �rzt f N_N -J of the lenantt_s�toretpgpt,�l�n . Len h cif Sign Afe& Maximum One (1) sign that is visible from the public right-of-way per businesses ,. Number of f busin has fro ntage_ on two st reet S ., wo 2 sus rn y bk perrri itted Signs Per one facir_g „gash street. An addition a si n rr b rrrifflgcton th career, if the l Business main entrance to t busin is locat can the corner, Sign Copy Limited to business name and /or logo. Limitations ,hall be located below the second floor lime. 1 Maximum Letter Height: thErty-:� 36 rr�hgs for the first,lgtters�twerity -four (24) inches r f cc�t�y Maximum Symbol Height (when used with a company name or logo): f thin -six (2430 inches ,Symbol Only Maximum Height: t o hire -siC (24 6) inches Other No flash signs, exposed neon or bare bulbs, Limitations Signs shall be attached without visible supports or raceways. Signs shall be installed directly above or adjacent to the main entrance of the business. * signs are p restaurant or retail shops with _a GFA of less _ sure feet when it has -_a separate entrance other than through hotel /motel lobby businesses with a ,_Q.F of_ I0,000 As u4re fe- � q-t sr mor rrsay have pne, sin r street frontage w hgtther ®r rr ®t it has a serrate entrance other than through the hotel /m otel lobby. -, Accessory business wall signs not visible from the public right-of-way are ex empt, p rovided t hey are par of a coor dinated sign program. [DRAFT] RESOLUTION NO. 2009 -* * * A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CEQA MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENT NO. 4 TO THE ANAHEIM RESORT PUBLIC REALM LANDSCAPE PROGRAM (MISCELLANEOUS CASE NO. 2009 - 00297) WHEREAS, on September 20, 1994, the City Council adopted Resolution No. 94R -239 approving The Anaheim Resort Public Realm Landscape Program and making certain findings in conjunction therewith; and WHEREAS, on October 8, 1996, the City Council adopted Resolution No. 96R -178 amending The Anaheim Resort Public Realm Landscape Program in order to provide for modifications to the streetscape landscape plans for Freedman Way, Harbor Boulevard, Walnut Street and West Street/Disneyland Drive; and WHEREAS, on June 22, 1999, the City Council adopted Resolution No. 99R- 137 amending The Anaheim Resort Public Realm Landscape Program in order to provide for a mid -block median break on Clementine Street between Disney Way (former Freedman Way) and Katella Avenue; and WHEREAS, on February 26, 2002, the City Council adopted Resolution No. 2002R -56 amending The Anaheim Resort Public Realm Landscape Program in order to modify the landscape concept plans for Disney Way between Harbor Boulevard and Clementine Street to reflect a mid -block median island opening to permit vehicle ingress and egress to the modified Anaheim GardenWalk (former Pointe Anaheim) project; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program requesting that the program be modified to provide special criteria for the "Harbor Boulevard/Katella Avenue Intersection Area" to introduce special paving, sculptural urban design elements and to modify the landscape concept plan for this intersection; and WHEREAS, Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program is proposed in conjunction with General Plan Amendment No. 2008- 00470, Specific Plan Amendment No. 2008 - 00055, Conditional Use Permit No. 2009 - 05403, Variance No. 2008 - 004761, Public Convenience or Necessity No. 2009 - 00056, Final Site Plan No. 2008 -00004 to construct a nine - story, 252 -room hotel with 75,593 square feet of supporting retail, spa, nightclub, lounges, restaurants, conference /meeting rooms and hotel offices; and WHEREAS, the proposed modifications to The Anaheim Resort Public Realm Landscape Program are shown in Exhibit "A" attached to the Resolution and incorporated herein by this reference as if set forth in full; and PC2009 -* * * -1- [DRAFT] WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on March 2, 2009, 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, to hear and consider evidence for and against said proposed project actions, including Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at the time and place fixed for said public hearing, the Anaheim Planning Commission did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the Anaheim City Planning Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find that the proposed amendment would result in would promote an urban, pedestrian friendly environment at a prominent location within The Anaheim Resort (Harbor Boulevard and Katella Avenue) and is consistent with the intent of the Anaheim Resort Specific Plan; and WHEREAS, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request 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, based on the foregoing, the Anaheim City Planning Commission does hereby recommend that the City Council of the City of Anaheim approve Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program as described above and contained in the attached Exhibit "A ". BE IT FURTHER RESOLVED that approval of Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (MIS2009- 00297) is subject to approval of General Plan Amendment No. 2008 - 00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055), Variance No. 2008 - 004761, Conditional Use Permit No. 2009 - 05403, and Final Site Plan No. 2008 - 00004; and BE IT FURTHER RESOLVED that the applicant 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 for this project. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. PC2009 -* * * -2- [DRAFT] THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission meeting of March 2, 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. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, 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 March 2, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: March, 2009. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION PC2009 -* * * -3- EXHIBIT "A" Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program 1.4 Harbor Boulevard /Katella Avenue Intersection Area The area immediately adjacent to the Harbor Boulevard /Katella Avenue Intersection is critical to the overall image of The Anaheim Resort. To promote an urban, pedestrian friendly environment at this intersection, the following special criteria for landscape, hardscape and urban design elements have been created to guide future development of the parcels having frontage on both Harbor Boulevard and Katella Avenue. These parcels are located within the Harbor Boulevard/Katella Avenue Intersection Area. 1.4.1 Streetscape For parcels having frontage on both Harbor Boulevard and Katella Avenue, the following landscape and hardscape criteria shall apply within the Public Realm: Street trees along both Harbor Boulevard and Katella Avenue frontages shall include a double row of Date Palms. Date Palms in the second row of parkway may be provided in tree grates where special paving occurs. • Where bus shelters occur, one (1) King Palm in tree grate shall be planted on each side of the bus shelter. Special paving shall be provided at the Harbor Boulevard /Katella Avenue Intersection Area corners to highlight this distinct, heavily pedestrian- traveled intersection. Special paving shall extend a maximum of two hundred feet (200') from the edge of curb return at the corner along both Harbor Boulevard and Katella Avenue frontages for each parcel, or combined parcels for a single project, or extend the entire length of the frontage if the parcel /project frontage is less than two hundred feet (200'). Paving materials shall be per City standards and be consistent on all four corners, subject to review and approval by the Planning Director and City Engineer. Sculptural urban design elements are encouraged at each corner of the Harbor Boulevard/Katella Avenue Intersection Area, as described in Section 1.4.2 below. PC2009 -* * * 10 SPECIAL PAVING START POINT AT INTERSECTION SPECIALPAVING ALL PAVING WITHIN THE PUBLIC REALM SHALL BE SPECIAL PAVING MATERIAL PER CITY STANDARDS ULTIMATE RIGHT OF WAY CURB SIDEWALK DATE PALM TREE PALM TREE IN TREE GRATE Corner of Harbor Boulevard and Katella Avenue 1.4.2 Sculptural urban design elements Sculptural urban design elements are encouraged within the Public Realm of the parcels that have frontages on both Harbor Boulevard and Katella Avenue. These sculptural urban design elements are intended to be iconic forms that identify the Harbor Boulevard/Katella Avenue intersection as a distinctive urban environment. The design and arrangement of these elements should be unique to each corner property of the intersection in order to provide for diversity and visual interest. They can be located within the public realm providing there is adequate circulation space for pedestrians. The design of the elements may include water and lighting subject to the approval of the Planning Director and City Engineer. The number of sculptural urban design elements is limited to two per street frontage. The final design is subject to review and approval by the Planning Director and City Engineer. PC2009 -* * * -5- NOTE: FINAL LANDSCAPE DESIGN SUBJECT TO REVIEW AND APPROVAL FROM PLANNING AND PUBLIC WORKS DEPARTMENT. [DRAFT] RESOLUTION NO. PC2009 - * ** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CEQA MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2009 -05403 (1820 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit to permit a nightclub, health spa, murals visible to the public right -of -way, building integrated multi - tenant signs, and projecting signs, in conjunction with a nine - story, 252 -room hotel with 75,593 square feet of accessory uses on certain real property 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, Conditional Use Permit No. 2009 -05403 is proposed in conjunction with General Plan Amendment No. 2008 - 00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055), Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009 - 00297, Variance No. 2008 - 004761, Public Convenience or Necessity No. 2009 - 00056, and Final Site Plan No. 2008 - 00004; and WHEREAS, the property proposed for a nightclub, health spa, murals visible to the public right -of -way, building integrated multi - tenant signs, changeable copy signs not visible to the public right -of -way and projecting signs is comprised of three parcels. The property is located in the Anaheim Resort Specific Plan (ARSP), Commercial Recreation (C -R) District. The General Plan designates this property and all adjacent properties for Commercial Recreation land uses; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 2, 2009, 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 conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Anaheim City Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That a nightclub, health spa and projecting signs in the Anaheim Resort Specific Plan zone are uses and signs for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.116.070.0402 (Public Dance Hall and Massage Establishment) and 18.116.160.130 (Projecting Signs), and further, that murals visible to the public right -of -way, building integrated multi -tenant signs and changeable copy signs not visible to the public right - of -way are signs for which a conditional use permit would be authorized based upon approval of Specific Plan Amendment No. 2008 - 00055. - 1 - PC2009 -* * * 2. That the proposed nightclub, health spa, changeable copy sign, building - integrated multi- tenant signs, projecting signs and lifestyle image displays (murals visible to the public right -of -way) are consistent with the intent of the Anaheim Resort Specific Plan. These components will complement and enhance the tourism - related land uses in the Anaheim Resort area, and will not adversely affect the adjoining land uses or the growth and development of the area. 3. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because all of the above mentioned uses are integrated with the proposed hotel complex. Full development of the nightclub and health spa was given careful consideration during project design, and is sufficiently accommodated within the proposed building program. Therefore, the full development of the proposed uses will not be detrimental to the particular area or to the health, safety and general welfare of the public. 4. That the traffic generated by the proposed project would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. A traffic study has been prepared for project which assessed the nightclub and health spa uses, along with other land use components of the project, in the trip generation analysis. The project's potential traffic impacts were evaluated in the Mitigated Negative Declaration, which indicated that project traffic impacts would be less than significant with the implementation of appropriate mitigation measures. 5. That * ** persons indicated their presence at said public hearing in opposition; and that * * * correspondence was received in opposition to the subject petition. WHEREAS, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request 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. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2009 -05403 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated herein by this 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. BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2009 -05403 is subject to approval of General Plan Amendment No. 2008 - 00470, Amendment -2- PC2009 -* * * No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055), Variance No. 2008 - 004761, Public Convenience or Necessity No. 2009 - 00056, and Final Site Plan No. 2008 - 00004; and BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 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 FURTHER RESOLVED that the applicant 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission meeting of March 2, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions — General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING CITY COMMISSION ATTEST: SENIOR SECRETARY, 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 March 2, 2009, by the following vote of the members thereof: - 3 - PC2009 -* * * AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of March, 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2009 -* * * 1 WV 111 W41 1 % CONDITIONAL USE PERMIT NO. 2009 -05403 KATELLA AVE 540' V N D Q N N 550' J m rr 0 co Q 0 50 100 Source: Recorded Tract Maps and/or City GIS. v 0 Please note the accuracy is +I- two to five feet. 11}715 -5- PC2009 -* * * EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2009 -05403 -6- PC2009 -* * * RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING NIGHTCLUB /BAR GENERAL 1 At least one express elevator shall operate to take patrons of Planning /Police the nightclub directly to the eighth floor during hours of nightclub operation. 2 The permitted event or activity shall not create sound levels Police/ that violate any ordinance of the City of Anaheim. (Section Code Enforcement 4.16. 100. 0 10 Anaheim Municipal Code) 3 Security measures shall be provided to the satisfaction of Police/ the Anaheim Police Department to deter unlawful Code Enforcement conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. 4 Anytime the premises are providing entertainment, the Police/ petitioner(s) shall provide uniformed security personnel. Code Enforcement 5 The number of persons attending the event shall not exceed Fire/ the maximum occupancy load as determined by the Code Enforcement Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. 6 The business shall not be operated in such a way as to be Police/ detrimental to the public health, safety or welfare. Code Enforcement 7 All entertainers and employees shall be clothed in such a Police/ way as to not expose "specified anatomical areas" as Code Enforcement described in Section 7.16.060 of the Anaheim Municipal Code. 8 No one under the age of 21 shall be allowed in the Police/ nightclub. Code Enforcement -6- PC2009 -* * * 9 The business shall not employ or permit any persons to Police/ solicit or encourage others, directly or indirectly, to buy Code Enforcement them drinks in the licensed premises under any commission, percentage, salary, or other profit- sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act). 10 The floor space provided for dancing shall be free of any Police/ furniture or partitions and maintained in a smooth and safe Code Enforcement condition. 11 Any violation of the application, or any attached conditions, Police/ shall be sufficient grounds to revoke the permit. Code Enforcement 12 There shall be no exterior advertising or sign of any kind Police/ or type, including advertising directed to the exterior from Code Enforcement 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 this condition. 13 The sale of alcoholic beverages for consumption off the Police/ premises is strictly prohibited. Code Enforcement 14 There shall be no requirement to purchase a minimum Police/ number of drinks. Code Enforcement 15 Signs shall be posted at all exits of the premises of the Police/ prohibition of alcoholic beverages from leaving the Code Enforcement confines of the establishment. 16 Alcoholic beverages cannot be included in the price of Police/ admission. Code Enforcement 17 There shall be no amusement machines or video game Police/ devices maintained upon the premises at any time without Code Enforcement obtaining the proper permits from the City of Anaheim. 18 The nightclub shall be inspected by City staff every two Planning/ years, at the expense of the business operator, to confirm Code Enforcement compliance with applicable conditions of approval and Municipal Code provisions. Health Spa /Massage Establishment GENERAL 19 This business shall operate in full compliance with Code Enforcement -7- PC2009 -* * * -8- PC2009 -* * * Anaheim Municipal Code Chapter 4.29 pertaining to Massage Establishments. MURALS (LIFESTYLE IMAGE DISPLAYS) PRIOR TO ISSUANCE OF BUILDING PERMITS 20 Final plans for the size and configuration of display cases Planning shall be submitted to the City Planning Director or his/her designee for review and approval. GENERAL 21 The "lifestyle image displays" shall not include any text Planning/ whatsoever. Code Enforcement 22 The business operator shall obtain approval from the City Planning Planning Director or his/her designee prior to changing the images displayed within the storefront displays. BUILDING INTEGRATED MULTI - TENANT SIGNS GENERAL 23 Final sign plans shall be submitted to the City Planning Planning Director or his/her designee for review and approval. CHANGEABLE COPY SIGNS PRIOR TO OPERATION 24 The developer/business operator shall demonstrate to the Planning satisfaction of the City Planning Director or his/her designee that the image(s) on the proposed LED screen and images projected onto the waterfall are not visible from six feet above ground level on Harbor Boulevard or Katella Avenue. If the image is visible, the projection must be adjusted to the satisfaction of the City Planning Director or his/her designee or removed. 25 The applicant /developer shall demonstrate to the Planning satisfaction of the City Planning Director or his/her designee, that that the LED display does not cause any significant off -site lighting spillage on the adjacent property to the south and the west. If the City Planning Director or his/her designee determines there is an impact, the applicant/developer shall be required to comply with mitigations listed below, or with equivalent mitigation, to mitigate the impact: 1. The applicant /developer may be required to dim the output of the LED display, either automaticall -8- PC2009 -* * * -9- PC2009 -* * * (photovoltaic sensor) or manually, to ensure no off -site lighting spillage; and /or 2. The applicant /developer may be required to adjust the angle of the LED display in a different direction since most modern display modules are designed with louver - like dividers between the rows of LEDs that help focus the light emissions to the intended viewers and /or; 3. The applicant /developer may be required to apply lighting shields to limit off -site spillage to adjacent properties; The LED structure will be required to be affixed to the building in a manner that is acceptable to the Planning Department, Building Division. Structural/building plans will be required to be reviewed and approved by the City Building Official and the Planning Director will review the final location for the LED display. Operation of the LED display will not be permitted until the City Planning Director and the Building Official grants final approval and completes inspection of the structure. GENERAL 26 The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 82, and as conditioned herein. 27 That extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 28 That timing for compliance with conditions of approval Planning may be amended by the 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. 29 Approval of this application constitutes approval of the Planning proposed request only to the extent that 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 -9- PC2009 -* * * or approval of the request regarding any other applicable ordinance, regulation or requirement. - 10- PC2009 -* * * [DRAFT] RESOLUTION NO. PC2009 - * ** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CEQA MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING VARIANCE NO. 2008 -04761 (1820 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a Variance from the minimum number of parking spaces and minimum interior setbacks for certain real property 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, the applicant requests approval of a variance to construct a nine - story, 252 -room hotel with 75,593 square feet of supporting retail, spa, nightclub, lounges, restaurants, conference /meeting rooms and hotel offices with less parking and smaller interior setbacks than required by code; and WHEREAS, Variance No. 2008 -00055 is proposed in conjunction with General Plan Amendment No. 2008 - 00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055), Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009 - 00297), Conditional Use Permit No. 2009 - 05403, Public Convenience or Necessity No. 2009 - 00056, and Final Site Plan No. 2008 - 00004; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 2, 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 variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Anaheim City Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The petitioner requests a variance from the following to construct a nine - story, 252 -room hotel with 75,593 square feet of supporting retail, spa, nightclub, lounges, restaurants, conference /meeting rooms and hotel offices: (a) SECTION NO. 18.42.040.010 Minimum number of parking spaces. (712 spaces required; 527 spaces proposed). (b) SECTION NO. 18.116.090.040 Minimum interior setback (10 feet required; 5 feet proposed) - 1 - PC2009 -* * * 2. The variance pertaining to the minimum number of parking spaces, is hereby approved based upon a parking study prepared by Linscott, Law and Greenspan and dated, January 14, 2009, which determined that a minimum of 463 spaces should be provided for the project based on a shared parking analysis. 3. The variance, under the conditions imposed, will not cause fewer 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 operation of such use because the site will accommodate the forecasted parking based on the results of the parking study and have a surplus of 64 parking spaces. The site will have a parking demand far less than code required parking for the individual land uses, due to the proximity of the Convention Center and Disneyland Resort, as well as the availability of low - cost transit serving Anaheim hotels. 4. The variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the projected demand will be far less than code requirements and there are no curbside parking spaces available along the project frontage on Harbor Boulevard or Katella Avenue, except for buses and taxis. 5. The variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the parking for this site is sufficient for the proposed use and surrounding properties have parking lots that are distinctly separate from this facility. 6. The variance, under the conditions imposed, will not increase traffic congestion within the off - street parking areas or lots provided for such use since the off - street parking area will provide sufficient parking to accommodate the projected parking demand and the drive aisles through the site are sufficient to accommodate the site's anticipated traffic; and 7. The variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use since the proposed driveways are in generally the same location as the existing access driveways such that no significant access changes are contemplated. 8. The variance pertaining to the minimum required interior setbacks is hereby approved because the proposed plant material will screen most levels of the parking garage and will soften the appearance of the structure. The size and number of trees complies with the required tree density, based on the required setback of ten feet. Further, there are no sensitive land uses adjacent to the areas where the setback variance is being requested. 9. The strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity due to a dedication of nine feet along Harbor Boulevard and nine to twenty feet along Katella Avenue. -2- PC2009 - * ** 10. There are special circumstances applicable to this property because of the substantial dedication required for future public improvements and the applicant requests the variance in order to allow bus and shuttle movement independent of the hotel's porte - cochere and parking structure access. With this additional site area, shuttle buses can enter and leave the site without interfering with the projects internal vehicle circulation, providing for improved circulation flow and public safety. Additionally, compliance with the required setback would result in the elimination of approximately 30 parking spaces at the ground level and would further impact the number of parking spaces and circulation within the parking structure. 11. ***indicated their presence at said public hearing in opposition; and*** correspondence was received in opposition to subject petition. WHEREAS, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request 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 Variance No. 2008 -04761 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference. BE IT FURTHER RESOLVED that approval of Variance No. 2008 - 004761 is subject to approval of General Plan Amendment No. 2008 - 00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055), Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (MIS2009- 00297), Conditional Use Permit No. 2009 - 05403, and Final Site Plan No. 2008 - 00004; and BE IT FURTHER RESOLVED that the applicant 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission meeting of March 2, 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. -3- PC2009 - * ** CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2009 - * ** 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 March 2, 2009, by the following vote of the members thereof. AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of March, 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5 - PC2009 - * ** EXHIBIT "A" VARIANCE N©. 2008 -04761 KATELLA AVE 540' N N CD O N N 550' J l� D m Q Y Source: Recorded Tract Maps and/or City GIS. v Please note the accuracy is +I- two to five feet. 111715 -6- PC2009 - * ** EXHIBIT "B" VARIANCE NO. 2009 -04761 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING GENERAL 1 The subject property shall be developed substantially in Planning accordance with plans submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 82, and as conditioned herein. 2 The granting of the parking variance is contingent upon Planning operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said variance. 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 violation of the expressed conditions imposed upon said variance which shall subject this variance to termination or modification pursuant to the provisions of Chapter 18.60 Procedures of the Anaheim Municipal Code. 3 The approval of this application constitutes approval of Planning the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 4 The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 82, and as conditioned herein. 5 That extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. -7- PC2009 -* * * 6 That timing for compliance with conditions of approval Planning may be amended by the 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. 7 Approval of this application constitutes approval of the Planning proposed request only to the extent that 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. -8- PC2009 - * ** [DRAFT] RESOLUTION NO. PC2009 - * ** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CEQA MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING A DETERMININATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2009 -00056 (1820 SOUTH HARBOR BOULEVARD) WHEREAS, on July 11, 1995, the Anaheim City Council adopted Resolution No. 95R -134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC); and WHEREAS, Section 23958 of the Business and Professions Code provides that ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Anaheim City Planning Commission did receive an application for a Determination of Public Convenience or Necessity to on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, Public Convenience or Necessity No. 2009 -00056 is proposed in conjunction with General Plan Amendment No. 2008 - 00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055), Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009 - 00297), Conditional Use Permit No. 2009 - 05403, Variance No. 2008 - 00055, and Final Site Plan No. 2008 - 00004; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 2, 2009, notice of said public hearing having been duly given as required by Resolution No. 95R -134 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 determination of public convenience or necessity for an alcoholic beverage control license to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Anaheim City Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the Anaheim Resort Specific Plan No. 92 -2 permits the sale of alcoholic beverages for on- premises consumption within a nightclub integrated within the hotel project - 1 - PC2009 - * ** subject to the approval of a conditional use permit and the off -site consumption of beer and wine for a retail store that is integrated within the hotel. The intent of the Code is to provide such sales as a convenience for visitors to The Anaheim Resort. 2. That Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and when the sale of alcoholic beverages for on- premises consumption and off -site consumption is permitted by the Municipal Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 3. That subject property is located within Reporting District 2125, which has a crime rate of 190 percent above the average. The population within the census tract allows for five off sale ABC licenses and there are presently four licenses in the tract. The population also allows for eight on sale licenses and there are presently seventeen in the tract. 4. That there are no schools or residential uses adjacent to the subject site. 5. That there are licenses for on- premises sale and consumption within the vicinity of the site; however, those licenses are for restaurants. There are no bars /nightclubs immediately adjacent to the project. The conditions of approval will ensure that approval of the proposal will not adversely affect any adjoining land use or the growth and development of the surrounding area. In addition, the conditions of approval will ensure that approval of the proposal for off - premises sale and consumption will not adversely affect any adjoining land use or the growth and development of the surrounding area. 6. That no persons indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. WHEREAS, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request 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 City Planning Commission does hereby determine that the public convenience or necessity will be served by the issuance of a license for the sale of alcoholic beverages for on- premises consumption for a nightclub and off - premises consumption for a retail store at this location subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are 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. -2- PC2009 -* * * BE IT FURTHER RESOLVED that approval of Public Convenience or Necessity No. 2009 -00056 is subject to approval of General Plan Amendment No. 2008 - 00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055), Variance No. 2008- 004761, Conditional Use Permit No. 2009 - 05403, and Final Site Plan No. 2008 - 00004; and BE IT FURTHER RESOLVED this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 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 FURTHER RESOLVED that the Anaheim City 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 findings hereinabove set forth. BE IT FURTHER RESOLVED that the applicant 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 for this project. 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 Anaheim City Planning Commission meeting of March 2, 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. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2009 -* * * 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 March 2, 2009, by the following vote of the members thereof. AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of March , 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2009 -* * * EXHIBIT "A" PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2009-00056 KATELLA AVE 540' N N Q N N 550' a J t7� Q C>7 tY 0 so 100 Source; Recorded Tract Maps and/or City CIS. v Please rote the accuracy is +1- two to five feet. Fee[ 10715 -5 - PC2009 -* * * EXHIBIT B" PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2009-00056 -6- PC2009 -* * * RESPONSIBLE NO. CONDITIONS OF APPROVAL FOR MONITORING NIGHTCLUB /BAR — TYPE 48 LICENSE GENERAL The permitted event or activity shall not create sound levels that police /Code 1 violate any ordinance of the City of Anaheim. (Section Enforcement 4.16. 100. 010 Anaheim Municipal Code) Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of 2 employees and patrons, promote the safe and orderly assembly Police /Code and movement of persons and vehicles, and to prevent Enforcement disturbances to the neighborhood by excessive noise created by p atrons entering or leaving the premises. 3 Anytime the premises are providing entertainment, the Police /Code petitioner(s) shall provide uniformed security personnel. Enforcement The number of persons attending the event shall not exceed the maximum occupancy load as determined by the Anaheim Fire Fire /Code 4 Department. Signs indicating the occupant load shall be posted in Enforcement a conspicuous place on an approved sign near the main exit from the room. 5 The business shall not be operated in such a way as to be Police /Code detrimental to the public health, safety or welfare. Enforcement All entertainers and employees shall be clothed in such a way as police /Code 6 to not expose "specified anatomical areas" as described in Section Enforcement 7.16.060 of the Anaheim Municipal Code. 7 No one under the age of 21 shall be allowed in the nightclub. Police /Code Enforcement The business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the 8 licensed premises under any commission, percentage, salary, or Police /Code other profit - sharing plan, scheme or conspiracy. (Section 24200.5 Enforcement Alcoholic Beverage Control Act). -6- PC2009 -* * * 9 The floor space provided for dancing shall be free of any furniture Police /Code or partitions and maintained in a smooth and safe condition. Enforcement 10 Any violation of the application, or any attached conditions, shall Police /Code be sufficient grounds to revoke the permit. Enforcement There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, 11 promoting or indicating the availability of alcoholic beverages. Police /Code Interior displays of alcoholic beverages or signs which are Enforcement clearly visible to the exterior shall constitute a violation of this condition. 12 The sale of alcoholic beverages for consumption off the Police /Code premises is strictly prohibited. Enforcement 13 There shall be no requirement to purchase a minimum number Police /Code of drinks. Enforcement Signs shall be posted at all exits of the premises of the Police /Code 14 prohibition of alcoholic beverages from leaving the confines of Enforcement the establishment. 15 Alcoholic beverages cannot be included in the price of Police /Code admission. Enforcement There shall be no amusement machines or video game devices police /Code 16 maintained upon the premises at any time without obtaining the Enforcement p roper permits from the City of Anaheim. The nightclub shall be inspected by City staff every two years, 17 at the expense of the business operator to confirm compliance Planning /Code with applicable conditions of approval and Municipal Code Enforcement p rovisions. RETAIL STORE — TYPE 20 LICENSE GENERAL There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, 19 Promoting or indicating the availability of alcoholic beverages. Police /Code Interior displays of alcoholic beverages or signs which are Enforcement clearly visible to the exterior shall constitute a violation of this condition. No display of alcoholic beverages shall be located outside of a police /Code 20 building or within five (5) feet of any public entrance to the Enforcement building. -7- PC2009 -* * * 21 The area of alcoholic beverage displays shall not exceed 25% of Police /Code the total display area in a building. Enforcement Beer and malt beverages in quarts, 22 oz., 40 oz., or similar size 22 containers may not be sold individually and must be sold in Police multi -unit, prepackaged quantities as delivered from the distributor. The possession of alcoholic beverages in open containers and 23 the consumption of alcoholic beverages are prohibited on or Police around these premises There shall be no public telephones on the property that are Code 24 located outside the building and within the control of the Enforcement applicant. Any graffiti painted or marked upon the premises or on any Code 25 adjacent area under the control of the licensee shall be removed Enforcement or ainted over within 24 hours of being applied. 26 The petitioner shall be responsible for maintaining free of litter Code the area adjacent to the premises over which they have control. Enforcement Wine shall not be sold in bottles or containers smaller than 750 27 ml. and wine - coolers must be sold in manufacturer pre- Police p ackaged multi -unit quantities. GENERAL The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City 28 of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 82, and as conditioned herein. That extensions for further time to complete conditions of Planning 29 approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. That timing for compliance with conditions of approval may be Planning amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies 30 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. Approval of this application constitutes approval of the Planning proposed request only to the extent that complies with the 31 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 -8- PC2009 -* * * request regarding any other applicable ordinance, regulation or requirement. -9- PC2009 -* * * [DRAFT] RESOLUTION NO. PC2009 - * ** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CEQA MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING FINAL SITE PLAN NO. 2008 -00004 (1820 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a Final Site Plan to construct a 252 -room hotel with 75,593 square feet of accessory uses 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, Final Site Plan No. 2008 -00004 is proposed in connection with General Plan Amendment No. 2008 - 00470, Specific Plan Amendment No. 2008 - 00055, Amendment No. 4 to the Anaheim Resort Public Realm Landscape Program (Miscellaneous No. 2009 - 00297), Conditional Use Permit No. 2009 - 05403, Variance No. 2008 -04761 and Public Convenience or Necessity No. 2009 -00056 to construct a nine - story, 252 -room hotel with 75,593 square feet of supporting retail, spa, nightclub, lounges, restaurants, conference /meeting rooms and hotel offices; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on March 2, 2009 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 Final Site Plan No. 2008- 00004, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the request to construct a 252 -room hotel with 75,593 square feet of accessory uses, including supporting retail, spa, nightclub, lounges, restaurants, conference /meeting rooms and hotel offices complies with the Anaheim Resort Specific Plan (SP92 -2), subject to the approval of General Plan Amendment No. 2008 - 00470, Specific Plan Amendment No. 2008 - 00055, Conditional Use Permit No. 2009 - 05403, Miscellaneous Permit No. 2009 -00297 and Variance No. 2008 - 04761. 2. That the proposed 252 -room hotel with 75,593 square feet of accessory uses will be compatible with hotels within the Anaheim Resort Specific Plan. Moreover, the project has been designed to have an attractive appearance from both Harbor Boulevard and Katella Avenue to preserve and enhance The Anaheim Resort. 3. That * ** indicated their presence at said public hearing in opposition; and that * ** letters were received expressing concerns with the subject petition. - 1 - PC2009 -* * * WHEREAS, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request 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 City Planning Commission does hereby approve Final Site Plan No. 2008 -00004 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this 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. BE IT FURTHER RESOLVED that approval of Final Site Plan No. 2008 -00004 is subject to approval of General Plan Amendment No. 2008 - 00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055), Variance No. 2008 - 004761, Conditional Use Permit No. 2009 - 05403, and Public Convenience or Necessity No. 2009 - 00056; and BE IT FURTHER RESOLVED that the Anaheim City 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 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. AND BE IT FURTHER RESOLVED that the applicant /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 March 2, 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_ CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION -2- PC2009 -* * * ATTEST: SENIOR SECRETARY, 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 March 2, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of March, 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2009 -* * * EXHIBIT " A " FINAL SITE PLAN NQ. 2008 -00004 KATELLA AVE 540" N N O C] N N 550' a m ry a m ry a a sa too Source: Recorded Tract Maps and/or City GIS. v Please note the accuracy is +1- two to five feet. 10715 -4- PC2009 -* * * EXHIBIT `B" FINAL SITE PLAN NO. 2008 -00004 PC2009 - * ** CONDITIONS OF APPROVAL (NOTE: Mitigation Measures ( "MM "), Project Design Features RESPONSIBLE NO. ( "PDF ") and Standard Conditions ( "SC ") from Mitigation FOR Monitoring Program No. 156 are incorporated into these conditions MONITORING of approval and are identified by the mitigation measure number below applicable condition numbers.) PRIOR TO ISSUANCE OF BUILDING PERMITS 1 The applicant /developer shall install, bond for, or otherwise secure Electrical on -site electrical facilities in accordance with the City of Anaheim Engineering Public Utility Electric Rates, Rules and Regulations, and provide written evidence of this fact to the Public Utilities Department. 2 The applicant/developer shall submit plans which detail the lighting Planning system for any parking facilities adjacent to 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 the adjacent uses. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the engineer stating that, in the opinion of the engineer, this requirement has been met. (1 -PDF 1 -1) 3 The applicant /developer shall submit plans which illustrate that all Planning mechanical equipment and trash areas for the subject building(s) will be screened from adjacent public streets. Screening shall be installed prior to final building and zoning inspection. (3 -MM 3.11 -1) 4 The applicant /developer shall submit a landscape and irrigation plan Planning/ which shall be prepared and certified by a licensed landscape Resource architect. The landscape plan shall include a phasing plan for the Efficiency installation and maintenance of landscaping associated with that building permit and shall be in conformance with the Water Efficiency Landscape Ordinance. The irrigation plan shall specify methods for monitoring the irrigation system. The system shall ensure that irrigation rates do not exceed the infiltration of local soils, that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies, and that surface runoff and overwatering is minimized. The landscape and irrigation plans shall include water - conserving features such as low flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, rain sensors, soil PC2009 - * ** PC2009 - * ** moisture sensors, and other water - conserving equipment. In addition, all irrigation systems shall be designed so that they will function properly with reclaimed water, once a system is available. The landscape and irrigation plans shall be reviewed by the Anaheim Resort Maintenance District. (4 -MM 3.11 -2) 5 The applicant /developer submitted a preliminary shade /shadow study Planning for this project which demonstrated that the project would not create any shade /shadow impacts. Construction plans shall conform to the conclusions of that study or further analysis may be necessary to demonstrate that the proposed structure would not create significant shade and shadow impacts on adjacent land uses. A significant shade and shadow impact would occur when outdoor active areas (e.g., eating areas along Harbor Boulevard, hotel /motel swimming pools, and residential front and back yards) or structures that include sensitive uses (e.g., residences) have windows that normally receive sunlight are covered by shadows for more than 50 percent of the sunlight hours. If the analysis identifies shade and /or shadow impacts would occur and the building setback, architectural massing and landscape requirement provisions set forth in Section 5.0, Design Plan of the Anaheim Resort Specific Plan, do not function as feasible mitigation measures, additional technical review of the structure(s) will be required. (5 -MM 3.11 -3) 6 The applicant /developer shall submit evidence that low emission Building paints and coatings are utilized in the design of buildings, in compliance with SCAQMD regulations. This information shall be denoted on the project plans and specifications. The applicant /developer shall also implement the following to limit emissions from architectural coatings and asphalt usage: a. Use non - solvent -based coatings on buildings, wherever appropriate. b. Use solvent -based coatings, where they are necessary, in ways that minimize solvent emissions. c. Encourage use of high -solid or water -based coatings. (8 -MM 3.4- 2) 7 The applicant/developer shall comply with all SCAQMD offset Planning regulations and implementation of Best Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary source. Copies of permits shall be given to the Planning Department. (11 -MM 3.4 -5) 8 The applicant /developer shall implement, and demonstrate to the Resource City, measures that are being taken to reduce operation - related air Efficiency quality impacts. These measures may include, but are not limited to, the following: 1. Improve thermal integrity of structures and reduced thermal load PC2009 - * ** PC2009 - * ** through use of automated time clocks or occupant sensors. 2. Incorporate efficient heating and other appliances. 3. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. 4. Use drought- resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. 5. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center. (12 -MM 3.4 -6) 9 Implementation of energy conservation techniques (i.e., installation of Building energy saving devices, construction of electrical vehicle charging stations, use of sunlight filtering window coatings or double -paned windows, utilization of light - colored roofing materials as opposed to dark - colored roofing materials, and placement of shady trees next to habitable structures) shall be indicated on plans. (13 -New MM) 10 The applicant shall incorporate project features and commitments as South Coast Air described in Table AQ -7, attached hereto. (14 -New MM) Quality Management District; (verification of notes on plans); Development Services (for annual review) 11 The following summary of mitigation measures to be incorporated Resource into the design and /or operation of the Anaheim Hotel is based on the Efficiency Table CC -1, Attorney General's Recommended Project -Level Mitigation Measures (repeated in Table 7 in this document). Each Planning mitigation measure is referenced using the Table CC -1 ID number, the suggested mitigation measure, and how the project responds to Traffic and meet the criteria. Transportation Energy Efficiency GCC -1 -1: Design buildings to be energy efficient. Site buildings to take advantage of shade, prevailing winds, landscaping and sun screens to reduce energy use. GCC -1 -2: Install efficient lighting and lighting control systems. Use daylight as an integral part of lighting systems in buildings. GCC -1 -3: Install light colored "cool" roofs, cool pavements, and strategically placed shade trees. GCC -1 -5: Install energy efficient heating and cooling systems, appliances and equipment, and control systems. GCC -1 -8: Use solar heating, automatic covers, and efficient pumps PC2009 - * ** and motors for pools and spas. GGC -1 -9: Provide education on energy efficiency. Renewable Energy GCC -1 -13: Create water - efficient landscapes. GCC -1 -14: Install water - efficient irrigation systems and devices, such as soil moisture -based irrigation controls. GCC -1 -18: Restrict watering methods (e.g., prohibit systems that apply water to non - vegetated surfaces) and control runoff. GCC -1 -20: Implement low- impact development practices that maintain the existing hydrologic character of the site to manage storm water and protect the environment. (Retaining storm water runoff on- site can drastically reduce the need for energy- intensive imported water at the site.) GCC -1 -22: Provide education about water conservation and available programs and incentives. GCC -1 -23: Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). GCC -1 -24: Provide interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. GCC -1 -26: Provide education and publicity about reducing waste and available recycling services. Land Use Measures GCC -1 -27: Include mixed -use, infill, and higher density in development projects to support the reduction of vehicle trips, promote alternatives to individual vehicle travel, and promote efficient delivery of services and goods. GCC -1 -29: Incorporate public transit into project design. GCC -1 -31: Develop "brownfields" and other underused or defunct properties near existing public transportation and jobs. Transportation and Motor Vehicles GCC -1 -33: Limit idling time for commercial vehicles, including delivery and construction vehicles. Idling time for deliveries will be controlled by hotel operational requirements. Construction vehicle idling time can be restricted through specification requirements. GCC -1 -35: Promote ride sharing programs e.g., by designating a 8 PC2009 - * ** PC2009 - * ** certain percentage of parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a web site or message board for coordinating rides. • Ride sharing will be encouraged using programs targeted at hotel employees, providing preferred parking or a cost offset for ride sharing and car pooling. GCC -1 -39: Increase the cost of driving and parking private vehicles by, e.g., imposing tolls and parking fees. • Fees will be charged for on -site parking. GCC -1 -41: Provide shuttle service to public transit. • The project will provide a stop and load /unload area for the shuttle which currently serves the resort district. GCC -1 -42: Provide public transit incentives such as free or low -cost monthly transit passes. GCC -1 -46: For commercial projects, provide adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience. For large employers, provide facilities that encourage bicycle commuting, including, e.g., locked bicycle storage or covered or indoor bicycle parking. • Secure bicycle storage for employees will be provided in the basement adjacent to the primary staff entry and Back -of -House areas. (15 -New MM) 12 The applicant /developer shall submit plans showing that the proposed Building structure has been analyzed for earthquake loading and designed according to the most recent seismic standards in the Uniform Building Code adopted by the City of Anaheim. (19 -MM VI -1) 13 The applicant /developer shall submit for review and approval, Building detailed foundation design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. (21 -MM VI -3) 14 The applicant /developer shall submit a report prepared by a Building geotechnical engineer for review and approval which shall investigate the subject foundation excavations to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. (22 -MM VI -4) 15 The property owner shall ensure the provision of an 8- foot -high Building temporary construction noise barrier on or adjacent to the section of the eastern property line adjacent to the Islander Inn Suites swimming pool. The barrier shall be solid from the ground to the top, with no PC2009 - * ** 10 PC2009 -* * * openings, and shall have a weight of at least three pounds per square foot, such as half -inch thick plywood. (40- Additional MM) (In compliance with MM XI -2) 16 Plans shall include a note that noise generated by construction activity Planning Code shall be limited by the applicant /developer to 60 dBA along the Enforcement property boundaries, before 7:00 a.m. and after 7:00 p.m., as Building governed by Chapter 6.70, Sound Pressure Levels, of the Anaheim (verification of Municipal Code. (35 -MM 3.5 -1) notes on plans) 17 The applicant /developer shall ensure that all mechanical ventilation Planning, units are shown on plans and installed in compliance with the Sound Building Pressure Levels Ordinance. (38 -MM 3.5 -4) 18 The water supply system shall be designed by the applicant /developer Fire to provide sufficient fire flow pressure and storage for the proposed land use and fire protection in accordance with Fire Department requirements. (41 -New MM) 19 Onsite fire hydrants shall be installed and charged by the Fire applicant/developer as required and approved by the Fire Department. (42- XIII-2) 20 Plans shall indicate that all buildings shall have sprinklers installed by Fire the applicant /developer in accordance with Anaheim Municipal Code. Said sprinklers shall be installed prior to final building and zoning inspections. (44- XIII -4) 21 Plans shall be submitted to ensure that development is in accordance Fire with the City of Anaheim Fire Department Standards, including: A. Overhead clearance shall not be less than 14 feet for the full width of access drives. B. Adequate off -site public fire hydrants and onsite private fire hydrants shall be provided by the applicant/developer. The precise number, types and locations of the hydrants shall be determined during building permit review. Hydrants are to be a maximum of 400 feet apart. C. A minimum residual water pressure of 20 psi shall remain in the water system. Flow rates for public parking facilities shall be set at 1,000 to 1,500 gpm. (45- XIII -5) 22 The applicant /developer shall submit a Construction Fire Protection Fire Plan to the Fire Department for review and approval detailing accessibility of emergency fire equipment, fire hydrant location, and any other construction features required by the Fire Marshal. The applicant /developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. (46- XIII -6) 10 PC2009 -* * * 23 The applicant/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., building design, circulation, site planning, and lighting of parking structures and parking areas). (48- XIII -9) 24 The project design shall include parking lots with controlled access Police points to limit ingress and egress if determined to be necessary by the Police Department, and shall be subject to the review and approval of the Police Department (50- XIII -11) 25 The applicant /developer shall provide proof of compliance with Building Government Code Section 53080 (schools) to the Building Division of the Planning Department. (51- XIII -12) 26 Appropriate Traffic Signal Assessment Fees and Traffic Impact and Building (fee Improvement Fees shall be paid by the applicant /developer to the payment); City of Anaheim in amounts determined by the City Council Traffic and Resolution in effect at the time of issuance of the building permit Transportation with credit given for City - authorized improvements provided by the (credits /districts) applicant /developer; and, participate in all applicable reimbursement or benefit districts which have been established. (52 -MM 3.3 -2) 27 The applicant /developer shall irrevocably offer for dedication (with Public Works - subordination of easements), including necessary construction Development easements, the ultimate right(s) -of -way as shown in the Circulation Services Element of the Anaheim General Plan for the widening of Katella and Harbor Avenue. (53 -MM 3.3 -3) 28 Street improvement plans shall be submitted for all traffic related Public Works - improvements adjacent to the project site to the Public Works Development Department, Development Services Division for review and Services approval. These plans will show both sides of all streets and alleys adjacent to the property, including all driveways and utility installations, signing and striping. A bond shall be posted for all traffic related street improvements, including, but not limited to, directional signage, striping, and median islands as required for said project. All improvements shall be installed and completed prior to the first final building and zoning inspection. 29 Plans shall specifically indicate that all vehicular ramps and grades Traffic and conform to all applicable Engineering Standards. Transportation 30 Plans for the parking structure shall demonstrate that at -grade ducts Traffic and and overhead pipes shall not encroach in the parking space areas or Transportation required vehicle clearance areas. 31 Plans shall demonstrate that fire lanes shall be posted with "No Traffic and Parking Any Time." Said information shall be specifically shown Transportation 11 PC2009 -* * * 12 PC2009 -* * * on plans submitted for building permits. 32 The applicant /developer shall abandon any existing City of Public Works - Anaheim Public Utilities easements conflicting with building Development footprints. Services 33 A lot line adjustment shall be submitted to the Public Works Public Works - Department, Development Services Division to merge the existing Development parcels into one legal lot. The Lot Line Adjustment shall be approved Services by the City Engineer and recorded in the office of the Orange County Recorder. 34 A Right of Way Construction Permit shall be obtained from the Public Works - Public Works Department/Development Services for all work Development performed in the right -of -way. A bond shall be posted in an amount Services approved by the City Engineer and a form approved by the City Attorney. The improvements shall be constructed prior to final building and zoning inspections. 35 The recordation of a Save Harmless in -lieu of Encroachment Public Works - Agreement is required for any private storm drains connecting to a Development City storm drain. Services 36 The existing middle driveway approach on Harbor Blvd shall be Public Works - removed and replace with curb, gutter, parkway landscaping and Development sidewalk. A bond shall be posted in an amount approved by the City Services 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 Public Works Department/Development Services for all work performed in the right -of -way. The improvements shall be constructed prior to final building and zoning inspections. 37 The applicant /developer shall fully fund the implementation of Traffic and Intelligent Transportation Systems (ITS) improvements at and Transportation adjacent to the intersection of Harbor Boulevard and Katella Avenue. The specific improvements to be implemented shall be: 1) a CCTV installation at the Harbor Boulevard/ Convention Way intersection; 2) performance monitoring station and detection to provide a permanent traffic count station at the Harbor Boulevard/ Katella Avenue intersection; and 3) ATC controller and ITS cabinet with hardened Ethernet communications to cabinet at the Harbor Boulevard/ Katella Avenue intersection. Implementation of these improvements shall be to the satisfaction of the City Engineer. (55- MM XV -1) 38 The applicant /developer shall coordinate with all utility providers to Building ensure avoidance of any notable service disruptions during the extension, relocation, upgrading of, or connection to services. (58- PDF XVI -1) 39 The applicant /developer shall provide proof of participation in the Traffic and Anaheim Transportation Network (ATN) once the project is in Transportation 12 PC2009 -* * * 13 PC2009 -* * * operation. Ongoing during project operations, every property owner and /or lessee shall be a voting member of the ATN, subject to the terms and provisions of the by -laws and association rules of the ATN. Every property owner and /or lessee shall participate in ATN coordinated transportation demand management efforts designed to decrease traffic congestion and increase ridesharing. Every property owner and /or lessee shall financially participate in the operation of a clean fuel shuttle system, and pursue its use for employee transportation, aka Anaheim Resort Transit. (56 -MM XV -2) 40 The applicant /developer shall provide a plan for implementation Traffic and and administration of a comprehensive Transportation Demand Transportation Management (TDM) program for all employees. Objectives of the TDM program shall be: Increase ridesharing and use of alternative transportation modes by employees and guests. Provide a menu of commute alternatives for employees to reduce project-generated trips. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. Every property owner and /or lessee shall designate an on -site contact who shall be responsible for coordinating with the ATN and implementing all trip mitigation measures. The on -site coordinator shall be the one point of contact representing the project with the ATN. The requirements of the mitigation measure shall be included in the lease or other agreement with all of the project participants. Documentation indicating compliance with this mitigation measure shall be included in the annual monitoring report ongoing during project operation. (57 -MM XV -3) 41 Water: The project shall be subject to the fees, terms and conditions Water of the Anaheim Resort Area Water Supply Assessment (currently Engineering under preparation), the APUD Water Rates, Rules and Regulations. The developer /owner will be required to pay a share of the cost of the additional water supply, based on a percentage of the average day water demand imposed by the proposed development compared to the capacity of a future water supply facility (e.g. well, MWD connection). The developer /owner will be required to pay fees in accordance with APUD's Water Rates, Rules, and Regulations, Part 15E. All new water connections shall be installed and constructed in 13 PC2009 -* * * 14 PC2009 -* * * accordance with the latest version of Anaheim Water Services Standard Specifications and the applicable Supplements. The quantities of water delivered to the applicant /developer shall also be subject to the requirements of the Orange County Water District and the Metropolitan Water District of Southern California. (59 -SC XVI -1) 42 The applicant /developer shall submit project plans to the Streets and Maintenance Department for review and approval to ensure that the Sanitation plans comply with AB 939, the Solid Waste Reduction Act of 1989, as administered by the City of Anaheim and the County of Orange and City of Anaheim Integrated Waste Management Plans. Prior to final building and zoning inspection, implementation of said plan shall commence and shall remain in full effect. Waste management mitigation measures that shall be taken to reduce solid waste generation include, but are not limited to: A. Detailing the location and design of on -site recycling facilities. B. Providing on -site recycling receptacles to encourage recycling. C. Complying with all Federal, State and City regulation for hazardous material disposal. Participating in the City of Anaheim's "Recycle Anaheim" program or other substitute program as may be developed by the City. In order to meet the requirements of the Solid Waste Reduction Act of 1989 (AB 939), the applicant /developer shall implement numerous solid waste reduction programs, as required by the Public Works Department, including, but not limited to: • Facilitating paper recycling by providing chutes or convenient locations for sorting and recycling bins. • Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and bailing. • Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. • Providing trash compactors for non - recyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. • Prohibiting curbside pick -up. (MMP No. 0085 MM 3.9.3 -1, MMP No. 0085a MM 9 -1) (60 -MM XVI -3) 43 The applicant /developer shall submit plans showing that each Resource structure will comply with the State Energy Efficiency Standards Efficiency for Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Regulations); and, will consult with the City of Anaheim Utilities Department, Resource Efficiency Division in order to review above Title 24 measures to incorporate into the project 14 PC2009 -* * * 15 PC2009 -* * * design including energy efficient designs. 62 (MM XVI -5) 44 The applicant /developer shall install an underground electrical Electrical service from the Public Utilities Distribution System. The Engineering Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. (64 -MM XVI -7) 45 The applicant /developer shall demonstrate on plans that fuel Building efficient models of gas - powered building equipment have been incorporated into the project, to the extent feasible. (66 -MM XVI -9) 46 The applicant /developer shall submit plans showing that each Building structure will comply with the State Energy Efficiency Standards for Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Regulations); and, will consult with the City of Anaheim Utilities Department, Resource Efficiency Division in order to review above Title 24 measures to incorporate into the project design including energy efficient designs. (69 -MM XVI -13) 47 The applicant /developer shall install an underground electrical Electrical service from the Public Utilities Distribution System. The Engineering Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. (7 1 -MMXVI- 15) 48 The applicant/developer shall submit evidence that the transformers Electrical are PCB free. (72- MMXVI -16) Engineering 49 The applicant /developer shall submit an emergency fire access plan Fire to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department Service Programs. 50 The applicant /developer shall coordinate with the Electrical Electrical Engineering Division to ensure that there will be no conflicts with Engineering the underground electrical systems and to establish electrical service requirements and obtain electrical distribution plans. 15 PC2009 -* * * 51 Plans shall indicate that above - ground utility devices are located on Electrical private property and outside any required setback areas unless Engineering otherwise allowed by the Code. The above - ground utility devices shall be specifically shown on construction plans in locations substantially in accordance with the approved Final Site Plan. Landscape and /or hardscape screening of all padmounted equipment shall be required outside the easement area of the equipment. 52 The applicant /developer shall coordinate its service requirements Electrical and relocation issues with the City of Anaheim Public Utilities Engineering Department and the other utility companies involved. 53 Building plans shall show that the property shall be served with Electrical underground utilities per the Electrical Rates, Rules, and Engineering Regulations, and the City of Anaheim Underground Policy, with installation prior to the first final building and zoning inspection. 54 The proposed project shall comply with all State Energy Insulation Resource Standards and City of Anaheim codes in effect at the time of Efficiency application for building permits. (Commonly referred to as Title 24, these standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. Title 24 covers the use of energy efficient building standards, including ventilation, insulation and construction and the use of energy saving appliances, conditioning systems, water heating and lighting.) Plans submitted for building permits shall include written notes demonstrating compliance with energy standards and shall be reviewed and approved by the Public Utilities Department prior to issuance of building permits. 55 The applicant/developer shall demonstrate in the building /design Resource plans that efficient lighting and lighting control systems will be Efficiency utilized in the building structure. In addition, the plans will utilize natural light /daylight as an integral part of lighting systems in the buildings. (GCC -1 -2) 56 The applicant/developer shall demonstrate that light colored "cool" Resource roofs, cool pavements, and strategically placed shade trees will be Efficiency incorporated into the building plans. In addition, the applicant /developer shall also demonstrate that the hotel roofs will be comprised of "cool roof' materials with SRI meeting LEED criteria. (GCC -1 -3) 57 The applicant /developer shall demonstrate that solar power/heating, Resource (including automatic covers, and efficient pumps and motors for Efficiency pools and spas) will be utilized for the proposed pool and filter. (GCC -1 -8) 58 The applicant /developer shall submit irrigation and detailed Resource landscape plans that utilize efficient landscape materials and water- Efficiency 16 PC2009 -* * * 17 PC2009 -* * * efficient irrigation systems and devices, such as soil moisture -based irrigation controls for review and approval. (GCC -1 -13, GCC -1 -14) 59 The applicant /developer shall be responsible for demonstrating that Resource the irrigation systems will be high efficiency with minimum spray Efficiency type delivery carefully planned and adjusted to apply water only to vegetated areas and to limit over - spray. (GCC -1 -18- GCC -1 -30) 60 The applicant /developer shall institute a demolition and Resource construction waste diversion program, coordinated with the local Efficiency waste management company, to achieve a goal of 50% diversion /recycle of demolition and construction waste. Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). (GCC -1 -23) 61 The applicant /developer shall demonstrate that they have Traffic and incorporated public transit into the project design including a Transportation loading and staging area for tour busses and the local tourist shuttle as shown on the final site plan. (GCC -1 -29) 62 The applicant /developer shall incorporate the following energy Electrical saving practices into building plans. The applicant /developer shall Engineering implement, to the extent feasible, these energy saving practices, in compliance with Title 10 of the Anaheim Municipal Code, prior to final building and zoning inspection: a. Consultation with the Public Utilities Department energy conservation experts for assistance with energy conservation design features. b. Use of electric motors designed to conserve energy. c. Use of special lighting fixtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights. d. Use of T8 lamps and electronic ballasts. Metal halide or high - pressure sodium for outdoor lighting. 63 Prior to issuance of the first final site plan, the project applicant /developer shall provide fair -share funding (as identified in the project traffic study) for following improvements: • Manchester Avenue/ I -5 Southbound Ramps at Katella Avenue: Modify the existing traffic signal and install a northbound right -turn overlap phase with the westbound left -turn phase. Re- stripe the northbound approach to have one left -turn lane and two right -turn lanes. • Anaheim Boulevard at Disney Way/ Manchester Avenue/ I -5 Southbound Ramps: Re -stripe the eastbound shared left- through 17 PC2009 -* * * 18 PC2009 -* * * turn lane on Disney Way to a through lane. Modify the traffic signal to remove the split - phase in the east /west direction and provide a protected left -turn in the eastbound direction. This shall restore the eastbound and westbound approaches and phasing to existing conditions. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 64 The applicant /developer shall demonstrate to the satisfaction of the Planning City Planning Director or his/her designee, that that the LED display does not cause any significant off -site lighting spillage on Building the adjacent property to the south and the west. If the City Planning Director or his/her designee determines there is an impact, the applicant /developer shall be required to comply with mitigations listed below, or with equivalent mitigation, to mitigate the impact: 1. The applicant /developer may be required to dim the output of the LED display, either automatically (photovoltaic sensor) or manually, to ensure no off -site lighting spillage; and /or 2. The applicant/developer may be required to adjust the angle of the LED display in a different direction since most modern display modules are designed with louver -like dividers between the rows of LEDs that help focus the light emissions to the intended viewers and /or; 3. The applicant /developer may be required to apply lighting shields to limit off -site spillage to adjacent properties; The LED structure will be required to be affixed to the building in a manner that is acceptable to the Planning Department, Building Division. Structural/building plans will be required to be reviewed and approved by the City Building Official and the Planning Director will review the final location for the LED display. Operation of the LED display will not be permitted until the City Planning Director and the Building Official grants final approval and completes inspection of the structure. (2 -New MM) 65 The applicant /developer shall participate in the Anaheim Planning Assessment District for landscape installation and maintenance. (6- MM 3.11 -4) 66 The applicant /developer shall submit an earthquake emergency Fire response plan for review and approval. The plan shall require posted notices in hotel rooms on earthquake safety procedures and incorporate ongoing earthquake training for hotel staff. (24 -MM 3.6 -5) 18 PC2009 -* * * 67 The applicant /developer shall submit a letter from a licensed Planning landscape architect to the City certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. (32 -MM VIII-4) 68 The applicant /developer shall place emergency telephone service Fire numbers in prominent locations as approved by the Fire Department. (47- XIII -8) 69 The applicant/developer shall implement energy- saving practices in Resource compliance with Title 24, which may include the following: Efficiency • Use of high - efficiency air conditioning systems controlled by a computerized management system including features such as a variable air volume system, a 100 - percent outdoor air economizer cycle, sequential operation of air conditioning equipment in accordance with building demands, isolation of air conditioning to any selected floor or floors. • Use of electric motors designed to conserve energy. • Use of special lighting fixtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights. • Use of T8 lamps and electronic ballasts. Metal halide or high - pressure sodium for outdoor lighting and parking lots. (63 -MM XVI -6) 70 The Southern California Gas Company has developed several Southern programs which are intended to assist in the selection of the most California Gas energy- efficient water heaters and furnaces. The Company applicant /developer shall implement a program to reduce the demand on natural gas supplies. (65 -MM XVI -8) 71 A study of area television reception shall be undertaken by the Public Works - applicant /developer and submitted to the City Engineer for review Development and approval. If the City Engineer determines that the proposed Services project creates a significant impact on broadcast television reception at local residences and other existing hotels /restaurants or other businesses, the applicant /developer shall immediately install a signal booster or relay system on the roof of the tallest project building to restore television reception to its original condition. In no event shall heights set forth in Section 18.04.035 of the Anaheim Municipal Code entitled, "Structural Height Limitations - Anaheim Commercial Recreation Area" be exceeded. (67 -MM XVI -10) 19 PC2009 -* * * 72 The applicant shall: Public Works - • Demonstrate that all structural BMPs described in the Project & Site Development Specific WQMP have been constructed and installed in Services conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non- structural BMPs described in the Project & Site Specific WQMP • Demonstrate that an adequate number of copies of the approved Project & Site Specific WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 73 The installation of new electrical facilities systems shall be timed to Electrical coincide with the level of development that would require this Engineering improvement, to the satisfaction of the Anaheim Public Utilities Department and other utility companies. 74 The applicant /developer shall provide the City of Anaheim with a Electrical public utilities easement (per final electric design), along /across Engineering high voltage lines, low voltage lines crossing private property, and around all padmounted transformers, switches, capacitors, etc. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. Landscape and /or hardscape screening of all padmounted equipment shall be required outside the easement area of the equipment. 75 The applicant/developer shall provide evidence that educational Resource material including the hotel's website and literature will feature Efficiency/ energy conservation strategies as part of the Guest information and Planning education program. (GCC -1 -9) 76 The applicant /developer shall be provide a copy of literature and /or Resource materials that will be provided to guests about water conservation Efficiency and available programs and incentives (i.e. Hotel website and Planning literature will feature water conservation strategies as part of the Guest information and education program). (GCC -1 -22) 77 The applicant/developer shall demonstrate that they are providing Resource interior and exterior storage areas for recyclables and green waste Efficiency and adequate recycling containers located in public areas. The project will include waste collection areas suitable for sorting and Streets and storing recyclable materials. A recycling program will be Sanitation coordinated with the local waste management company to recycle glass, metals, plastic, cardboard, and green waste. (GCC -1 -24) PRIOR TO ISSUANCE OF GRADING PERMITS 78 The applicant/developer shall submit Demolition and Import /Export Public Works — Plans, if determined to be necessary by the Public Development Works /Engineering Department. The plans shall include Services identification of offsite locations for materials exported from the project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an 20 PC2009 -* * * 21 PC2009 -* * * environmentally cleared landfill, with attempts made to move it within Orange County. The applicant /developer shall offer recyclable building materials, such as asphalt or concrete, for sale or removal by private firms or public agencies for use in construction of other projects, if it cannot be reused on project site. (10 -MM 3.4 -4) 79 The applicant/developer shall submit to the Public Works Public Works — Department/Development Services for review and approval a Water Development Quality Management Plan 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. • 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 BMPs. • Includes public structural BMPs to address runoff from public areas associated with the construction of this project, which have been reviewed and approved by the City's Resort Services, in Public Works' Operations and Maintenance Division, as well as Public Works' Development Services Division. 80 If the ornamental trees on the project site are proposed to be Planning removed during the nesting season, (February 1 to June 30), a qualified Biologist shall be required to inspect the trees prior to Public Works — removal to ensure no nesting birds are present. If an active nest is Development present, then the Biologist will identify appropriate minimization Services measures to the satisfaction of the City of Anaheim Planning Department. (SC IV -1) 81 The applicant /developer shall submit a letter identifying the Public Works - certified archaeologist that has been hired to ensure that the Development following actions are implemented: Services a. The archaeologist must be present at the pregrading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are 21 PC2009 -* * * 22 PC2009 -* * * uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the applicant /developer for exploration and /or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be conducted under the direction 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. d. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. (17 -MM 3.12 -1) 82 The applicant /developer shall submit a letter identifying the Public Works - certified paleontologist that has been hired to ensure that the Development following actions are implemented: Services a. The paleontologist must be present at the pregrading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the applicant/developer for exploration and /or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are 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 report detailing the findings and disposition of the specimens shall be submitted. Upon completion of the grading, the paleontologist shall notify the City as to when the final report will be submitted. (18 -MM 3.12 -2) 83 The applicant /developer shall demonstrate on plans submitted for Public Works - grading permits, that they will implement measures to reduce Development construction- related air quality impacts. These measures shall Services include, but are not limited to: a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth - moving 22 PC2009 -* * * 23 PC2009 -* * * operations to minimize 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. b. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed stock piles. 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; and, haul routes shall be cleared as needed if spills of materials exported from the project site occur. d. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize 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. f. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. g. Preventing trucks from idling for longer than 2 minutes. (9 -MM 3.4 -3) 84 The applicant/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 geotechnical engineer. All grading shall be in conformance with Title 17 of the Anaheim Municipal Code. (20- MM VI -2) 85 The applicant /developer shall implement standard practices for all Public Works - applicable codes and ordinances to prevent erosion to the Development satisfaction of the Public Works Department, Development Services Services Division. (23 -MM VI -5) 86 The applicant /developer shall submit a plan for review and approval Fire to the Hazardous Materials Section of the Fire Department which details procedures that will be taken if a previously unknown USTs, or other unknown hazardous material or waste, is discovered onsite. (26 -MM VII-2) 87 The applicant /developer shall provide an Asbestos Identification Fire Survey to the Hazardous Materials Section of the City of Anaheim Fire Department. This Survey shall detail procedures that will be taken if previously unknown underground storage tanks (USTs), or other unknown hazardous material or waste is discovered. (27- Additional MM VII -2) 23 PC2009 -* * * 88 The applicant /developer shall prepare a Storm Water Pollution Public Works - Prevention Plan ( SWPPP) that will: Development • Require implementation of Best Management Practices (BMPs) Services designed with a goal of preventing a net sediment load increase in storm water discharges relative to preconstruction levels; • Prohibit, during the construction period, discharges of storm water or non -storm water at levels which would cause or contribute to an exceedance of applicable water quality standards contained in the Basin Plan; • Discuss in detail the BMPs planned for the project related to control of sediment and erosion, non - sediment pollutants, and potential pollutants in non -storm water discharges; • Describe post - construction BMPs for the project; • Explain the maintenance program for the project's BMPs; • Require reporting of violations to the Regional Board during construction; and • List the parties responsible for SWPPP implementation and BMP maintenance during and after grading. (28 -SC 4.5 -1) 89 The applicant /developer shall ensure compliance with all Public Works - recommended structural and non - structural Best Management Development Practices identified in the Water Quality Management Plan Services (WQMP). (29 -MM VIII -1) 90 The applicant/developer shall obtain coverage under the NPDES Public Works - Statewide Industrial Stormwater Permit for General Construction Development Activities from the State Water Resources Control Board. Evidence Services of attainment shall be submitted to the City Engineer. (30 -MM VIII -2) 91 The applicant /developer shall submit a Master Drainage and Runoff Public Works - Management Plan (MDRMP) for review and approval by the Public Development Works /Engineering Department, Development Services Division Services and Orange County Environmental Management Agency. The Master Plan shall include, but not be limited to, the following items: a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100 -year storm; and, b. A delineation of the improvements to be implemented for control of project - generated drainage and runoff. (34 -MM VIII - 6) 92 The applicant /developer shall submit an emergency fire access plan Fire to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department service requirements. 24 PC2009 -* * * 93 The applicant/developer shall participate in the City's Master Plan of Storm Drains and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future storm drainage system deficiencies as follows. (MMP No. 0085a MM 13 -1) The applicant /developer shall submit a report for review and approval by the City Engineer to assist with determining the following: If the specific development /redevelopment does not increase or redirect current or historic storm water quantities /flows, then the property owner's/ developer's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program to provide storm drainage facilities in 10- and 25 -year storm frequencies and to protect properties /structures for a 100 -year storm frequency. If the specific development/redevelopment increases or redirects the current or historic storm water quantity /flow, then the applicant/developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and City Attorney's Office of the impact prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, pursuant to the improvements identified in the Master Plan of Drainage for the South Central Area. The applicant /developer shall be required to install the storm drainage facilities as recommended by the Master Plan of Drainage for the South Central Area to provide storm drainage facilities for 10- and 25- year storm frequencies and to protect properties /structures for a 100 -year storm frequency prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building /structure, whichever occurs first. Additionally, the applicant /developer shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which could include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted by the applicant /developer to the City Engineer for review and approval and shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and, (4) construction estimates. (Note: The City has adopted the Storm Drain Impact and Improvement Fee Program for the South Central City Area. Compliance with this Fee Program by the applicant /developer (per Ordinance No. 5491 and Resolution No. 95R -61 dated April 18, Public Works - Development Services 25 PC2009 -* * * 26 PC2009 -* * * 1995) shall satisfy the requirements of this mitigation measure). (68 -MM XVI -12) GENERAL V 94 The applicant /developer shall implement measures to reduce Traffic and emissions to the extent practical, schedule goods movements for Transportation off -peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable. (7 -MM 3.4 -1) 95 The applicant /developer shall provide for the following: cleaning of Streets and all paved areas not maintained by the City of Anaheim on a Sanitation monthly basis, including, but not limited to, private streets and parking lots. The use of water to clean streets, paved areas, parking lots, and other areas and flushing the debris and sediment down the storm drains shall be prohibited. (31 -MM VIII -3) 96 The sanitary sewer and storm drains for this development shall be Public Works — privately maintained except the mainline sewer and storm drain Development within the public streets. Services 97 That it is the responsibility of the OWNER to remove and relocate Public Works — any traffic signal poles and equipment at the intersection of Katella Development Avenue and Harbor Boulevard if necessary at the OWNERS Services expense. 98 The applicant/developer shall ensure that all internal combustion Building engines on construction equipment and trucks are fitted with properly maintained mufflers. (37 -MM 23.5 -3) 99 The applicant /developer shall ensure that large bulldozers, large Planning, heavy trucks, and other similar equipment not be used within 20 Building feet of the built or occupied parts of Islander Inn Suites. The work shall be done with medium -sized equipment or smaller within this distance. (39- Additional MM) 100 Ongoing during project operation, the applicant /developer shall Police provide private security on the premises to maintain adequate security for the entire project subject to review and approval of the Police Department. The use of security patrols and electronic security devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. (49- XIII -10) 101 If the Anaheim Police Department or Anaheim Traffic Management Police/ Center (TMC) personnel are required to provide temporary traffic Traffic and control services, the applicant /developer shall reimburse the City, Transportation on a fair share basis, if applicable, for reasonable costs associated with such services. (54 -MM 3.3 -7) 102 The following practices shall be implemented during project Resource operations, as feasible, by the applicant /developer: Efficiency • Usage of recycled paper products for stationery, letterhead, and packaging. 26 PC2009 -* * * 27 PC2009 -* * * • Recovery of materials such as aluminum and cardboard. • Collection of office paper for recycling. • Collection of polystyrene (foam) cups for recycling. • Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. (61 -MM XVI -4) 103 The applicant /developer shall be responsible for ensuring that idling Traffic and time is limited for commercial vehicles, including delivery and Transportation construction vehicles. (GCC -1 -33) 104 The subject property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 82, and as conditioned herein. 105 That extensions for further time to complete conditions of approval Planning may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 106 That timing for compliance with conditions of approval may be Planning amended by the 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. 107 Approval of this application constitutes approval of the proposed Planning request only to the extent that 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. 27 PC2009 -* * * [DRAFT] ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO. 13 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92 -2, AMENDING ORDINANCE NO. 5453, AS PREVIOUSLY AMENDED, AND AMENDING ZONING AND DEVELOPMENT STANDARDS SET FORTH IN CHAPTER 18.116 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. WHEREAS, pursuant to the procedures set forth in Chapter 18.72 (formerly, Chapter 18.93) of the Anaheim Municipal Code, on September 27, 1994, the City Council of the City of Anaheim adopted Ordinance No. 5454 amending the zoning map to reclassify certain real property described therein into the Anaheim Resort Specific Plan No. 92 -2 zone subject to certain conditions as specified therein, and Ordinance No. 5453 relating to establishment of Zoning and Development Standards for the Anaheim Resort Specific Plan No. 92 -2 by the addition of Chapter 18.48 [subsequently renumbered as Chapter 18.116] to said Code; and WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599 amending Ordinance No. 5454 relating to the Anaheim Resort Specific Plan No. 92 -2, Amendment No. 1, which amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a 4.67 -acre parcel into the Anaheim Resort Specific Plan No. 92 -2 Zone; and WHEREAS, Amendment No. 2 to the Anaheim Resort Specific Plan No. 92 -2, a request to amend the zoning and development standards to add "Coffee House" as a conditionally permitted accessory use in conjunction with an automobile service station, was denied by the Planning Commission on October 12, 1998 and the petition was subsequently withdrawn by the applicant at the January 26, 1999 City Council meeting; and WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance No. 5453 relating to Adjustment No. 1 to the Anaheim Resort Specific Plan No. 92 -2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to structural setbacks and yard requirements to reflect the local street status of Convention Way; and WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964 amending Ordinance Nos. 5453 relating to Amendment No. 3 to the Anaheim Resort Specific Plan No. 92 -2, which amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a 0.73 -acre parcel into the Anaheim Resort Specific Plan No. 92 -2 Zone; and WHEREAS, on September 21, 1999, the City Council adopted Ordinance No. 5703 relating to Adjustment No. 2 to the Anaheim Resort Specific Plan No. 92 -2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to the minimum landscape setback requirement for -1- properties adjacent to Manchester Avenue between Katella Avenue and the southern boundary of the Anaheim Resort Specific Plan Area; and WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769 relating to Adjustment No. 3 to the Anaheim Resort Specific Plan No. 92 -2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to temporary parking requirements; and WHEREAS, on April 26, 2004, the City Council adopted Ordinance No. 5910 amending Ordinance No. 5453 relating to Adjustment No. 4 to the Anaheim Resort Specific Plan No. 92 -2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to office uses in a legal non- conforming building; and WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5922 amending Ordinance No. 5453 relating to Amendment No. 5 (which also incorporates Amendment No. 4) to the Anaheim Resort Specific Plan No. 92 -2, which amendment revised the legal description and boundaries of the Anaheim Resort Specific plan by reclassifying and incorporating 27 -acres into the Anaheim Resort Specific Plan No. 92 -2 Zone; and WHEREAS, on February 8, 2005, the City Council adopted Ordinance No. 5954 amending Ordinance No. 5453 relating to Amendment No. 6 to the Anaheim Resort Specific Plan No. 92 -2, which amendment modified the Zoning and Development Standards pertaining to the establishment of mini-market/convenience markets as accessory uses in conjunction with a relocated service station and prohibition of tow truck operations in conjunction with service station facilities; and WHEREAS, on September 12, 2006, the City Council adopted Ordinance No. 6036 amending Ordinance No. 5453 relating to Amendment No. 7 to the Anaheim Resort Specific Plan No. 92 -2, which amendment modified the Zoning and Development Standards pertaining to the establishment of the Anaheim Resort Residential (ARR) Overlay Zone to provide the opportunity to develop residential units in conjunction with high - quality, luxury hotels within targeted areas; and WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 6058 amending Ordinance No. 5453 relating to Amendment No. 8 to the ARSP No. 92 -2, which amendment relates to modifications to the Zoning and Development Standards pertaining to development criteria for wholly - residential development within the ARR Overlay on a designated 26.7 acre site within the ARSP Area; and WHEREAS, on March 4, 2008, the City Council adopted Ordinance No. 6099 amending Ordinance No. 5453 relating to Amendment No. 9 to the ARSP No. 92 -2, to repeal modifications to the Zoning and Development Standards, previously approved by Amendment No. 8 to the ARSP No. 92 -2; and WHEREAS, on February 20, 2008, Planning Commission approved Specific Plan Amendment No. 10 to the ARSP No. 92 -2 to construct a mixed use project consisting of a 105 -room hotel on the western 1.5 -acre portion of the project site adjacent to Harbor Boulevard, 2 and a 191 -unit, condominium complex, including nine live /work units, on the eastern 3.3 -acre portion of the project site and the petition was subsequently withdrawn by the applicant; and WHEREAS, on March 4, 2008, City Council adopted Ordinance No. 6098 amending Ordinance No. 5453 relating to Amendment No. 11 to the ARSP No. 92 -2 and to amend the General Plan to generally prohibit residential development within The Anaheim Resort unless such a project included environmental and economic analysis, city council approval and voter approval at a city election; and WHEREAS, on October 14, 2008, City Council adopted Ordinance No. 6117 amending Ordinance No. 5453 relating to Amendment No. 12 to the ARSP No. 92 -2 to redesignate a 5.9 acre, "L "- shaped property at Ball Road and Walnut Street from Low - Density to Medium Density to develop a 120 -room hotel; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Specific Plan Amendment No. 2008 -00055 (also referred to herein as "proposed Amendment No. 13 to the ARSP No. 92 -2 "); and said amendment is a proposal to create a new density category called "Low Medium Density (Modified)," to (a) redesignate 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 by this reference from Low Medium Density to Low Medium Medium Density (Modified); (b) amend the Central Core and Special Intersection Landscape Treatment to allow special landscape and hardscape treatments at the corner of Harbor Boulevard and Katella Avenue; and (c) amend the sign code to allow a greater number and larger signs than currently permitted by Code for hotels and accessory retail, allow a changeable copy sign for a hotel when not visible from street level subject to approval of a conditional use permit, allow murals subject to approval of a conditional use permit and allow building integrated multi- tenant signs subject to approval of a conditional use permit; and; and WHEREAS, Specific Plan Amendment No. 2008 -00055 is proposed in conjunction with General Plan Amendment No. 2008 - 00470, Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009 - 00297), Conditional Use Permit No. 2009 - 05403, Variance No. 2008 - 004761, Public Convenience or Necessity No. 2009 - 00056, Final Site Plan No. 2008 -00004 to construct a nine - story, 252 -room hotel with 75,593 square feet of supporting retail, spa, nightclub, lounges, restaurants, conference /meeting rooms and hotel offices; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on March 2, 2009, 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, to hear and consider evidence for and against said proposed project actions, including Specific Plan Amendment No. 2008- 00055, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Anaheim City Planning Commission, on March 2, 2009 considered and approved the proposed Amendment No. 13 and recommended to the City Council that it adopt an ordinance approving said proposed amendment; and 3 WHEREAS, the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request 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, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1 That Ordinance No. 5453, as previously amended, be and the same is hereby, amended to revise the Zoning and Development Standards in Chapter 18.116 (formerly, Chapter 18.48) of the Anaheim Municipal Code, as set forth below. SECTION 2 That subsection .030 of Section 18.116.100 Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Landscaping. .0301 Compliance with Design Plan Required. Except as otherwise provided in this chapter and in Section 18.116.130 (Central Core), all required setback areas shall be fully and permanently landscaped with lawn, trees and shrubs and may include walkways, plazas, fountains, and other similar materials (not including turf block) in accordance with the Design Plan. A minimum of eighty percent (80 %) of the required setback area, excluding driveways perpendicular to the street, on all lots abutting all public streets shall contain live landscape materials. .0302 Maintenance of Landscaping Required. All landscaped areas shall be permanently maintained in a neat and orderly manner as a condition of use and in accordance with the Design Plan. .0303 Required Size of Plant Material. All required trees shall be of a size at the time of planting not less than the minimum size specified in the Design Plan. If not specified in the Design Plan, the trees shall be fifteen (15) gallon. All required shrubs shall be of a size at time of planting not less than the minimum size specified in the Design Plan. If not specified in the Design Plan, the shrubs shall be five (5) gallon. .0304 Replacement of Damaged, Diseased, or Dead Plant Material. Any required plant material planted on -site which is subsequently removed, damaged, diseased and /or dead shall be replaced on -site in a timely manner with comparable plant material with a minimum size as recommended by the Design Plan. 4 .0305 Coverage. Groundcover shall be planted and maintained where shrubbery and /or trees are not sufficient to cover exposed soil. Mulch may be used in place of groundcover where groundcover will not grow or where groundcover will cause harm to the plant materials, subject to the approval of the Planning Department. .0306 Irrigation. All required landscape areas shall be provided and maintained with a permanent, automatic irrigation system in accordance with the Design Plan. Such system shall incorporate water conserving features. .0307 Minimum Landscape and Open Space. The minimum landscape and recreation area for any hotel or motel use shall be fifteen (15 %) percent of the total area of the site. Such minimum landscaped open space may include: landscape areas with plantings of trees, shrubs and groundcover; water features including, but not limited to, swimming pools, spas, ponds, lakes, and fountains; pedestrian walkways and patios; landscaped areas within parking facilities; and, areas intended for emergency access paved with turf block. Paved areas intended primarily for vehicular traffic including, but not limited to, temporary and /or permanent parking facilities; driveways, and porte - cocheres shall not be considered as landscaped open space for the purposes of this requirement. .0308 Special Intersection Landscape Treatment. Concurrent with any building hereinafter erected in this Zone or any building structurally modified to an extent exceeding forty-five percent (45 %) of the gross floor area of said existing building within any two (2) year period, and which building is located on any lot abutting any of the following intersections, landscaping, paving and lighting improvements shall be provided within that certain intersection area as described in and in compliance with the criteria set forth in the Design Plan: O1 Ball Road and Disneyland Drive. 02 14ar- „,,.Bettle.,af and Katella n. , entteDeleted . 03 Harbor Boulevard and Orangewood Avenue. .04 Katella Avenue and Haster Street/Anaheim Boulevard. 05 Katella Avenue and Disneyland Drive /West Street. 06 Manchester Avenue /Harbor Boulevard. 040 Exterior Lighting. All exterior lighting shall be in conformance with the Design Plan.” SECTION 3 That Section .130 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.116.130 CENTRAL CORE. .010 Purpose. The purpose of the Central Core is to create a consistent, high quality pedestrian environment that reinforces the character established by the landscape and other streetscape elements identified in The Anaheim Resort Identity Program. The Central Core boundaries encompass lots or parcels with frontage on Harbor Boulevard between Interstate -5 Freeway and Orangewood Avenue and on Katella Avenue between Interstate -5 Freeway and Walnut Street. Subsections .020 and .040 below apply to the minimum required setback areas adjacent to the ultimate public right -of -way. Subsection .030 below applies to the area between the ultimate public right -of -way and the actual (constructed) building setback. Subsections .050 through .070 below apply to development encompassing lots or parcels with frontage on both Harbor Boulevard and Katella Avenue, identified as the "Harbor Boulevard /Katella Avenue Intersection Area" and depicted on Exhibit 5.3.4a (Central Core Plan ). Other guidelines for development of uses within the Central Core are provided in the Design Plan. .020 Required Landscape Setback Area. Up to eighty percent (80 %) of the required landscape setback area adjacent to the ultimate public right -of -way may be paved provided: .0201 The paved area will serve pedestrian- related activities (outdoor dining, access to retail stores integrated with hotel /motel developments, and similar uses); and, .0202 Landscape shall be designed and installed in conformance with the tree density requirements identified in the Design Plan and depicted in Exhibit 5.6.6.3a (Tree Density Factor Plan). .030 Location of Parking Areas. No parking areas shall be located between the ultimate public right -of -way and the actual (constructed) building setback. .040 Lighting. Fluorescent, low pressure sodium, high pressure sodium, and mercury vapor are prohibited in the front setback areas. .050 Required Landscaped Setback Area Within the Harbor Boulevard /Katella Avenue Intersection Area. The minimum setback along Harbor Boulevard may be reduced to eleven (11) feet. .060 Permitted Encroachments Within the Harbor Boulevard /Katella Avenue Intersection Area Canopies and balconies may encroach three feet into the required setback along both Harbor Boulevard and Katella Avenue. Canopies for ground floor seating and dining areas may encroach within the required setback along Katella Avenue to the properly line. .070 Paving Within the Harbor Boulevard /Katella Avenue Intersection Area. Up to one hundred percent (100 %) of the setback area may be paved provided: .0201 The paved area will serve pedestrian- related activities (outdoor dining, access to retail stores integrated with hotel /motel developments, and similar uses), and .0202 Landscaping shall be designed and installed in conformance with the tree density requirements identified in the Design Plan and depicted in Exhibit 5.6.6.3a (Tree Densi , Factor Plan). Trees may be provided in decorative containers consistent with the architecture of the rp of ect " SECTION 4. That Table 116 -A (Permitted, Conditionally Permitted and Prohibited Signs) of subsection .030 of Chapter 18.116.160 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 5. That new paragraph (F) be, and the same is hereby, added to subsection .040 of Section 18.116.160 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, to read as follows: "(F) For development located within the Harbor Boulevard /Katella Avenue Central Core Intersection Area as depicted on Exhibit 5.3.4a (Central Core Plan) of the Specific Plan, Multi - Tenant Signs integrated with the building architecture may be permitted in lieu of a Freestanding Monument Sign subject to approval of a conditional use permit. The sign(s) must be integrated into the design of the building, consistent with project architecture and designed in accordance with the following: (i) One sign is permitted on each street frontage (up to two (2) signs per loth, provided that if two (2) signs are installed, each sign shall be located a minimum distance of seven . -five 75) feet from the intersection. If one sign is installed, it may be installed at the corner or along either street frontage. (ii) Unless installed at the corner, the sign must be oriented perpendicular to the adjacent street. (iii) The maximum permitted height is fourteen (14) feet and maximum permitted width is 11 feet. (iv) The sign may be single or double sided. (v) The total area of tenant copy may not exceed 135 square feet per side. Up to four tenants may be advertised.." SECTION 6. That Table 116 -5 (Business Identification Wall Signs — Hotel/Motel) of subsection .060 of Section 18.116.160 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "B" attached hereto and incorporated herein by this reference. SECTION 7. That Table 116 -T (Accessory Business Wall Sign — Hotel/Motel) of subsection .070 of Section 18.116.160 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "C" attached hereto and incorporated herein by this reference. SECTION 8. That, except as expressly amended herein, Ordinance No. 5453, as previously amended, shall remain in full force and effect. SECTION 9 . PENALTY. Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. SECTION 10. SEVERABILITY The City Council of the City of Anaheim declares that should any section, paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be invalid, it is the intent of the Council this it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 11. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal or amendment of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date thereof, nor be construed as a waiver of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The provisions of the ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the day of , 2009, and thereafter passed and adopted at a regular meeting of said City Council held on the day of , 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 722211.1 /SMANN /February 24, 2009 [DRAFT] EXHIBIT "A" Section 18.116.160 (SIGN REGULATIONS) SUBSECTION NO. 18.116.160.030, TABLE 116 -K PERMITTED, CONDITIONALLY PERMITTED AND PROHIBITED SIGNS (SPN2008- 00055) Table 116 -K P Permitted by Right Permitted, Conditionally Permitted and C Conditional Use Permit Prohibited Signs N Prohibited Sign Type C -R Special Provisions District A -frame or "sandwich board" N signs Animated signs N Attachments or "riders" to signs N Automotive Service Station C Subject to Table 116 -K of Section Signs 18.116.160 .040.0401 (Automotive Service Station Signs) and Planning Standard Detail No. 7. Awning (Canopy Signs) P Canopy signs on awning valances are considered wall signs and are subject to the provisions of wall signs as provided in Section 18.116.160 Table 116 - S; Table 116 -T; and Table 116 -U; and, the following provisions: (a) Such signs shall be permitted on awning valances, provided awnings shall not be permitted to project over or into a public right -of -way and the awnings shall be an integral part of the building design. (b) Said signs shall be pedestrian oriented; (c) Said signs shall not be internally illuminated; (d) Only fifteen percent (15 %) of the entire surface of the awning may be utilized for the sign; (e) Said sign may include the company name and /or company symbol /logo; and, (f) Up to one canopy /awning may have "The Anaheim Resort" logo located on the canopy /awning in a size and location approved by the Planning Director. -1- Beacon lights or beacon signs, N when the intent of such signs is advertising and not entertainment, which shall not have adverse glare on adjoining properties. Billboards N Business information signs N Can -type signs which N incorporate translucent copy and translucent background. Changeable copy signs C Including electronic message boards for a theater, entertainment facility, convention center, amusement park; for hotel complexes and recreational vehicle or campsite parks provided the site on which the use is located is a minimum of four (4) acres in area; or, for hotel complexes when the sign is not visible from any public right -of -way, as may be seen from a point six (6) feet above ground level. In addition, the following provisions shall apply to such signs: (a) In addition to the permitted business identification wall signs, changeable copy signs shall be wall signs provided the top of such sign is below the cornice of the building or twenty -five (25) feet, whichever is lower, except theaters or entertainment facilities, which may have a changeable copy sign which displays identification and program information, the name of the theater or auditorium and it may be a marquee sign. Changeable copy signs for hotel complexes which are not visible from any public right -of -way, as may be seen from a point six (6) feet above ground level may exceed the twenty -five (25) foot height limitation subject to compliance with applicable height standards. (b) Such signs shall not be visible from residentially developed properties. (c) The design of such signs shall be integrated with the architecture of the building. (d) Animation and bare bulbs are allowed as they pertain to bulb matrix technology (a technology used for reader board changeable message signs). Except under the above provisions, no other changeable copy signs are otherwise permitted. "Come -on" signs (e.g., "Sale N Today," "Stop," "Look," "Going out of Business," etc.). "Closed and Open" Signs P Subject to Table 116 -0 of this Section. Emitting signs N Exposed neon signs. N Flashing or traveling light signs. N Fluorescent colors on signs N except for colors on company symbols. Freestanding Monument Signs. P Subject to Table 116 -P of Section 18.116.160 and Planning Standard Detail Nos. 5, 6, 7 or 8. Informational, Regulatory and P Subject to Table 116 -R of Section Directional (IRD) signs NOT 18.116.160 .050.0405 (Informational, Regulatory visible from the Public Right -of- and Directional (IRD) signs NOT visible from the Way. Public Right -of -Way). Informational, Regulatory and P Subject to Section 18.116.050 (Informational, Directional (IRD) signs Regulatory and Directional (IRD) signs VISIBLE VISIBLE from the Public Right- from the Public Right -of -Way). of -Way Landscape signs. N Magnetic signs. N Off - premises or off -site N directional signs. On -site directional guidance and N on -site directory signs which are not part of a coordinated architectural, informational, directional and regulatory sign system. Paper, cloth and plastic streamer N signs, and flags, banners and fixed balloons except as otherwise permitted pursuant to Section 18.44.170 (Temporary Signs — Special Event Permit). Painted signs on exterior walls. N Parapet signs N Except as otherwise permitted for automotive service stations pursuant to section 18.116.160 .040.0401 (Automotive Service Station). Pennants except as otherwise N permitted pursuant to Section 18.44.170 (Temporary Signs — Special Event Permit). Pole signs N Political Campaign signs P Notwithstanding any other provision of this chapter, political campaign signs shall be permitted on private property subject to 18.44.210 (Political Signs) with the exception that such signs shall comply with the following: (a) Sight Distance. Such signs shall comply with the minimum sight distance requirements set forth in paragraph 18.116.160 .020.0208 (Minimum Sight Distance Requirements for Freestanding Signs); (b) Code Compliance. Such signs shall comply with the provisions of Section 4.04.130 (Prohibition of Signs in the Public Right -of -Way); and (c) Title 15 Compliance. Any structure to which a political sign is attached shall comply with all applicable provisions of Title 15 "Building and Housing" of the Anaheim Municipal Code, except that no building permit shall be required for a temporary political campaign sign having a surface area of thirty-five (35) square feet or less and which structure is removed within one hundred and twenty (120) days of its erection or placement, or within thirty (30) days after the election to which the sign relates, whichever occurs first. Portable signs N Product advertising signs (e.g., N soft drinks, cigarettes, etc.). Projecting signs C As defined in subsection 18.44.030 (Signs) and subject to the following provisions: (a) A maximum sign area of four (4) square feet; (b) One (1) per business or store front (c) Limited to the business name and /or logo (d) Lowest point of sign shall be eight (8) feet above ground level directly below sign. (e) Maximum height to be determined by Conditional Use Permit. (f) Sixteen(16) -foot minimum distance between signs on the same parcel. (g) Thirty (30) inch maximum projection from building face. (h) Externally illuminated signs only. Replicas of official traffic N control signs or signs so similar as to be confusing or hazardous to traffic. Restaurant Menu Board P Subject to the following provisions: (a) One (1) per main entrance to restaurant; (b) Limited to display of restaurant menu only; (c) Shall be permanently affixed to building wall adjacent to main entrance; (d) A maximum sign area per face of 4 square feet; (e) A maximum 3 -inch projection from building face; (f) May be internally illuminated. Roof signs N Rotating or revolving signs N Signs attached to trees or N landscaping Signs neither otherwise C expressly permitted nor otherwise expressly prohibited in this Zone. Signs projecting over or into the N public right -of -way except as otherwise expressly permitted herein. Statues utilized for advertising N purposes. Temporary signs except as N otherwise expressly permitted herein. Vehicle entrance or exit signs N which incorporate business name(s) or other advertising not in compliance with Section 18.116.160 .050.0304 and Table 116 -N "Informational, Regulatory and Directional (IRD) Signs Visible from the Public Right -of- Way." Vehicle signs (signs mounted or N displayed on a vehicle for advertising purposes) or the parking or storing of advertising vehicles on public or private property. Wall Signs P Walls located below the third (3rd) floor level of a building and which signs are located on a property adjacent to and visible from residentially developed properties are not permitted. Subject to Table 116 -Q, Table 116 -R and Table 116 -S of Section 18.116.160 (Regulation of Specific Types of Signs) Window Identification Signs P Subject to the following provisions: (a) A maximum sign area often percent (10 %) of the area of the largest glass windowpane or four (4) square feet, whichever is less, positioned so that views into the premises are not obstructed; (b) The maximum number of signs per lot is subject to the provisions for wall signs indicated in Tables 116 -Q 116 -R and 116 -S; (c) Sign copy is limited to the business name and /or logo; (d) Painted, screen - printed or leafed letters /symbol on to interior surface of glass. Window Signs N Including neon signs and signs painted on display windows with day -glo, or temporary paint (other than permitted window identification signs as defined above (Window Identification Sign)). EXHIBIT `B" Section 18.116.160 (SIGN REGULATIONS) SUBSECTION NO. 18.116.160.060, TABLE 116 -5 BUSINESS IDENTIFICATION WALL SIGNS — HOTEL/MOTEL (SPN2008- 00055) Table 116 -5 Business Identification Wall Sign —Hotel /Motel Number of Stories 1- 2 3-4 5-7 8 or more Maximum Sign 160 square feet 200 square feet 250 square feet 300 square feet Area per Sign Face Maximum 2 feet 4 feet 4 feet, 6 inches 5 feet, 6 inches Letter /Symbol Height Symbol Only 3 feet 7 feet 8 feet 10 feet Maximum Height Maximum Two (2), except that for hotels or motels located on a corner property, up to Number of Signs four (4) signs may be permitted per Building For buildings at mid -block locations, signs shall be located on non - adjacent building elevations; provided that for buildings over five (5) stories in height, the two wall signs may be located on adjacent building elevations as long as only one sign is legible at any time from any point on the adjacent public right - of -way. Buildings over five (5) stories may have one additional wall sign located on each porte - cochere with a maximum letter /symbol height of twenty -four (24) inches and one additional wall sign located above the main lobby pedestrian entrance with a maximum letter /symbol height of twenty -four (24) inches. Sign Copy Sign copy limited to hotel /motel name and /or logo. Sign copy shall be located no closer than one -half the size of the largest letter /symbol to the top and sides of the building wall or fascia or to the closest window line adjacent to the sign. Sign copy shall be located below the top of the building eave line or roof line, whichever is lower. Illumination Illumination Limitations No bare bulbs, exposed neon, animated or flashing signs. No internally illuminated can signs displaying corporate hotel /motel affiliations. No internally illuminated canopies /awnings. All raceways shall be concealed. Allowable Illumination For symbols only, sign cabinet with letters /symbol routed from opaque background with internally illuminated copy. Reverse metal pan channel letters /symbol with neon halo illumination. Internally illuminated channel letters /symbol with translucent face panels. Open pan channel letters /symbol with clear translucent face panels. Other Limitations 12 inch maximum projection from building face or from architectural projection. Projection over the public right -of -way is prohibited. Signs shall be attached without visible supports or raceways. Canopy and awning sign design must be an integral part of the building design and are in lieu of permitted wall signs. Wall signs located below the third (3) floor level of a building and which signs are located on a property adjacent to and visible from residentially developed properties are not permitted. EXHIBIT "C" Section 18.116.160 (SIGN REGULATIONS) SUBSECTION NO. 18.116.160.070, TABLE 116 -T ACCESSORY BUSINESS WALL SIGNS — HOTEL/MOTEL (SPN2008- 00055) Table 116 -T Accessory Business Wall Sign — Hotel/Motel Maximum Up to eighty percent (80 %) of the tenant storefront length. Length of Sign Maximum One (1) sign that is visible from the public right -of -way per business. If a Number of business has frontage on two streets, two (2) signs may be permitted, one facing Signs Per each street. An additional sign may be permitted on the corner, if the main Business entrance to the business is located on the corner. Sign Copy Limited to business name and /or logo. Limitations Shall be located below the second floor line. Maximum Letter Height: thirty-six (36) inches for the first letters, twenty -four (24) inches for copy. Maximum Symbol Height (when used with a company name or logo): thirty -six (36) inches Symbol Only Maximum Height: thirty-six (36) inches Other No flashing signs, exposed neon or bare bulbs. Limitations Signs shall be attached without visible supports or raceways. Signs shall be installed directly above or adjacent to the main entrance of the business. Wall signs are permitted for restaurant or retail shops with a GFA of less than 10,000 square feet when it has a separate entrance other than through hotel /motel lobby; businesses with a GFA of 10,000 square feet or more may have one wall sign per street frontage whether or not it has a separate entrance other than through the hotel /motel lobby. Accessory business wall signs not visible from the public right -of -way are exempt, provided they are part of a coordinated sign program. City of Anaheim LICE DEPARTMENT Special Operations Division ATTACHMENT NO.4 To: Elaine Thienprasiddhi Planning Department G Front: Lieutenant Don Klein Vice, Narcotics, and Crimin 1 Intel igence Bureau Commander Date: January 26, 2009 RE: PRE 2008 -00004 Anaheim Resort Hotel & Spa Sky Bar S/E Corner of Harbor and Katella Anaheim, CA 92802 The Police Department received an I.D.C. Route Sheet for PRE 2008- 00004. The applicant is requesting to construct an 8 story resort with a nightclub /bar on the roof. The location is within Reporting District 2125, which has a crime rate of 190% above average. The Reporting District to the north is 2025 and it has a crime rate of 193% above average. The Reporting District to the south is 2225; it has a crime rate of 145% above average. The Reporting District to the west is 2124 and has a crime rate of 166% above average. The Reporting District to the east is 2126; it has a crime rate of 221% above average. The location falls within Census Tract 875.03 which allows for 8 on sale Alcohol Beverage Control licenses and 5 off sale licenses. There currently are 17 active on sale licenses and 4 off sale licenses in the tract. The census tract boundaries are: North Katella South Orangewood East Haster Py� rn Date: January 26, 2009 RE: PRE 2008 -00004 Anaheim Resort Hotel & Spa Sky Bar S/E Corner of Harbor and Katella Anaheim, CA 92802 The Police Department received an I.D.C. Route Sheet for PRE 2008- 00004. The applicant is requesting to construct an 8 story resort with a nightclub /bar on the roof. The location is within Reporting District 2125, which has a crime rate of 190% above average. The Reporting District to the north is 2025 and it has a crime rate of 193% above average. The Reporting District to the south is 2225; it has a crime rate of 145% above average. The Reporting District to the west is 2124 and has a crime rate of 166% above average. The Reporting District to the east is 2126; it has a crime rate of 221% above average. The location falls within Census Tract 875.03 which allows for 8 on sale Alcohol Beverage Control licenses and 5 off sale licenses. There currently are 17 active on sale licenses and 4 off sale licenses in the tract. The census tract boundaries are: North Katella South Orangewood East Haster West Ninth Please see attached census tract map for on and off sale locations in the near vicinity of this applicant. The census tracts surrounding this location are as follows: North — 875.01 population 5,950 On Sale allowed 7 /active 39 Off Sale allowed 4 /active 14 Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 714.765.1665 Memorandum Elaine Thienprasiddhi Anaheim Resort Hotel & Spa Sky Bar South — 884.03 population 6,514 On Sale allowed 7 /active 7 Off Sale allowed 4 /active 7 South — 884.02 population 4,896 On Sale allowed 6 /active 18 Off Sale allowed 3 /active 3 East — 875.04 population 8,248 On Sale allowed 9 /active 3 Off Sale allowed 5 /active 3 West — 876.02 population 7,354 On Sale allowed 8 /active 10 Off Sale allowed 5 /active 8 Additional Census Tract information: North West — 876.02 population 7,354 On Sale allowed 8 /active 10 Off Sale allowed 5 /active 8 North East — 875.01 population 5,950 On Sale allowed 7 /active 39 Off Sale allowed 4 /active 14 South West — 883.02 population 5,230 On Sale allowed 6 /active 0 Off Sale allowed 3 /active 1 South East — 875.04 population 8,248 On Sale allowed 9 /active 3 Off Sale allowed 5 /active 3 The Police Department has responded to this location 10 times within the last year. The calls include: 1 fight, 1 narcotics felony, 1 forgery, 1 stolen vehicle, 1 domestic violence, 1 petty theft, 3 disturbance, and 1 assist other department. The Reporting District north of the location is 2025; it has a crime rate of 193% above average. The Reporting District east is 2126; it has a crime rate of 221% above average. West is 2124, with a rate of 166% above average, and south of the location is 2225, with a crime rate of 145% above average. After reviewing the plans and speaking to the architect the Police Department is going to require the glass for the outside portion of the Sky Bar be a minimum of 5 feet tall. The current height of 3 feet 6 inches is not a safe height when combining a building eight stories high, alcohol, and public safety which is our concern. We are also requiring that whoever manages /owns this bar meet with us in advance of opening so that we may approve and discuss their security plan. Page 2 Memorandum Elaine Thienprasiddhi Anaheim Resort Hotel & Spa Sky Bar If the above requirements are met the Anaheim Police Department approves this request with conditions. We request that the following conditions be placed on their Conditional Use Permit: 1. The permitted event or activity shall not create sound levels that violate any ordinance of the City of Anaheim. (Section 4.16.100.010 Anaheim Municipal Code) 2. Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. 3, Anytime the premises are providing entertainment, the petitioner(s) shall provide uniformed security personnel. 4. Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code) 5. The operation of any business under this permit shall not be in violation of any provision of the Anaheim Municipal Code, State or County ordinance. (Section 4.16.100.010 Anaheim Municipal Code) 6. The number of persons attending the event shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(x) Uniform Fire Code) 7. The doors shall remain closed at all times that entertainment is permitted, except during times of entry or exit, emergencies and deliveries. (Section 4.18.110 Anaheim Municipal Code) 8. The business shall not be operated in such a way as to be detrimental to the public health, safety or welfare. (Section 4.16.100.010 Anaheim Municipal Code) 9. All entertainers and employees shall be clothed in such a way as to not expose "specified anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. 10. No one under the age of 21 shall be allowed in the nightclub. Page 3 Memorandum Elaine ThigDpr8Skddhi Anaheim Resort Hotel & Spa Sky Bar 11. The business Gh@U not employ O[ permit any persons k]solicit Or encourage OUle[3, directly or iOdirectly, to buy them drinks in the licensed premises under any COnnnniSSiVD. percentage, salary, Or other profit-sharing plan, scheme or conspiracy. /8G[tiOn 24200.5 Alcoholic Beverage Control Act) 12. The floor space provided for dancing shall be free of any furniture or partitions and maintained in 8 smooth and safe condition. (Section 4.10.O50.01O Anaheim Municipal Code) 13. Any violation of the 8pp|iC8ti8n, or any attached cOOdiUUOS, shall be sufficient grounds to revoke the permit. (Section 4.10.100.010 Anaheim Municipal Code) 14. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed at any time. 15. There shall b8no exterior advertising Or sign of any kind ortype, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages 0[ signs which are clearly visible to the exterior shall constitute 8 violation of this condition. 10. The sale Of alcoholic beverages for consumption off the premises is strictly prohibited. 17. Petitioner shall not share any profits, O[ pay any percentage Or commission to a promoter 0[any 0[hS[ person, based upon monies collected 8SG door charge, cover charge, O[ any other fOOD of admission charge, including rnininnurn drink orders, or the sale of drinks. 18. There shall beno requirement t0 purchase @ minimum number Of drinks. 19. Signs shall be posted 8± all exits Of the premises Of the prohibition Of alcoholic beverages from leaving the confines ofthe establishment. 20. Alcoholic beverages cannot be included in the price of admission. 21. There shall beOO amusement machines V[ video game devices [D8iDt8iDBd upon the premises at any time without obtaining the proper permits from the City of Anaheim. Page 4 Memorandum Elaine Thi8np[8Siddhi Anaheim Resort Hotel & Spa Sky Bar 22. No person under the age of 21 Sh8U 8BU or deliver alcoholic beverages in the nightclub. 23. There shall be no bottle service or similar service allowed in the nightclub. An employee must be responsible for mixing and dispensing of all drinks. Except for beer, no bottle shall remain in the possession of the patron. Please contact /VSot. Mike Cunha 8t705-1455 if you require further information in regards to this matter. f:\home\mmimwmM08-00n04PneAnaheim Resort Hotel a Spa Sky ear.uoc Page 5 City of Anaheim POLICE DEPARTMENT Special Operations Division To: Elaine Thienprasiddhi Planning Department From: Lieutenant Don Klein Vice, Narcotics, and Criminal Intelligence Bureau Commander Date: February 10, 2009 RE: PRE 2008-00004 Anaheim Resort Hotel & Spa Sky Bar S/E Corner of Harbor and Katella Anaheim, CA 92802 The Police Department received an I.D.C. Route Sheet for PRE 2008- 00004. The applicant is requesting to construct an 8 story resort with a Spa. The Police Department does not oppose this request. The applicant must follow the Anaheim Municipal Code and Zoning regulations pertaining to a massage establishment. The applicant will have to have a "Responsible Employee that is CPR and First Aide Trained. Please refer to Anaheim Municipal Code 4.29 for all regulations. Please contact A/Sgt. Mike Cunha at 765-1455 if you require further information in regards to this matter. f:\home\mmirwin\2008-00004 PRE Anaheim Resort Hotel & Spa Sky Bar.doc Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 714.765.1665 City of Anahei LICE DEPARTMENT Special Operations Division To: Elaine Thienprasiddhi Planning Department !� From: Lieutenant Don Klein Vice, Narcotics, and Criminal Intelligence Bureau Commander Date: February 10, 2009 RE: PRE 2008 -00004 Anaheim Resort Hotel & Spa Walgreens SIE Corner of Harbor and Katella Anaheim, CA 92802 The Police Department received an I.D.C. Route Sheet for PRE 2008- 00004. The applicant is requesting to construct an 8 story resort with a Walgreens that sells Beer and Wine for off site consumption. The location is within Reporting District 2125, which has a crime rate of 190% above average. The Reporting District to the north is 2025 and it has a crime rate of 193% above average. The Reporting District to the south is 2225; it has a crime rate of 145% above average. The Reporting District to the west is 2124 and has a crime rate of 166% above average. The Reporting District to the east is 2126; it has a crime rate of 221 % above average. The location falls within Census Tract 875.03 which allows for 8 on sale Alcohol Beverage Control licenses and 5 off sale licenses. There currently are 17 active on sale licenses and 4 off sale licenses in the tract. The census tract boundaries are: North Katella South Orangewood East Naster West Ninth Please see attached census tract map for on and off sale locations in the near vicinity of this applicant. The census tracts surrounding this location are as follows: Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL 714.765.1401 PAX: 714.765.1665 Memorandum Elaine Thienprasiddhi Anaheim Resort Hotel & SpaA'Valgreens North — 875.01 population 5,950 On Sale allowed 7/active 39 Off Sale allowed 4 /active 14 South — 884.03 population 6,514 On Sale allowed 7 /active 7 Off Sale allowed 4 /active 7 South — 884.02 population 4,896 On Sale allowed 6 /active 18 Off Sale allowed 3 /active 3 East — 875.04 population 8,248 On Sale allowed 9 /active 3 Off Sale allowed 5 /active 3 West — 876.02 population 7,354 On Sale allowed 8 /active 10 Off Sale allowed 5 /active 8 Additional Census Tract information: North West — 876.02 population 7,354 On Sale allowed 8 /active 10 Off Sale allowed 5 /active 8 North East — 875.01 population 5,950 On Sale allowed 7 /active 39 Off Sale allowed 4 /active 14 South West — 883.02 population 5,230 On Sale allowed 6 /active 0 Off Sale allowed 3 /active 1 South East — 875.04 population 8,248 On Sale allowed 9 /active 3 Off Sale allowed 5 /active 3 The Police Department has responded to this location 10 times within the last year. The calls include: 1 fight, 1 narcotics felony, 1 forgery, 1 stolen vehicle, 1 domestic violence, 1 petty theft, 3 disturbance, and 1 assist other department. The Reporting District north of the location is 2025; it has a crime rate of 193% above average. The Reporting District east is 2126; it has a crime rate of 221 % above average. West is 2124, with a rate of 166% above average, and south of the location is 2225, with a crime rate of 145% above average. The Anaheim Police Department approves this request with conditions. We request that the following conditions be placed on their Conditional Use Permit: Page 2 Me[DOc8Odurn Elaine Thienpnssiddhi Anaheim Resort Hotel & Spa Walgreens 1) There shall beno exterior advertising or sign of any kind or type, including advertising directed to the exterior from xvithin, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs vvhinb are clearly visible tmthe exterior shall constitute a violation of this condition. 2) NO display Of alcoholic beverages shall bG located outside ofa building or within DVS (5) feet of any public entrance to the building. 3) The area Cf alcoholic beverage displays shall not exceed 25%of the total display area in abui\ding. 4\ The males of beer or malt beverages in quantities of quarts, 22 oz', 32 oz., 40 oz., or similar size containers is prohibited. No beer mrmalt beverages shall be sold in quantities of less than six per sale. 5\ The possession 0f alcoholic beverages in open containers and the consumption 0f alcoholic beverages are prohibited OnUraround these premises. 6\ There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 7) Any graffiti painted or marked upon the premises Oronany adjacent area under the control Vf the licensee shall beremoved O[ painted over within 24 hours Of being applied. 8) The pgUd0Oe[ Sh3|| be responsible for rn8iOt8iOiDg free Of litter the area adjacent [O the premises over which they have control, as depicted. 9) Wine shall not he sold in bottles or containers smaller than 750 mi. and wine-coolers must be sold in manufacturer pre- packaged multi-unit quantities. Please CODt8CtA/Sgt. Mike Cunha at 705-1455 if you require further iDfO[nlatiOO in regards tOthis matter. nxumo\nmimvin\2000'00004 PRE Anaheim Resort Hotel 8 Spa vva|omono.uoo Page 3 QDO!311:.11167 ATTACHMENT NO. 5 D E JTO FZ!X BZ 3136 2:4&, 6 3236 2:1&, 3235 3237 277&, 332&, BOBIFJN!DJUZ!MJNJUT P SBO HFX PPE !BW F 3336 256&, BOBIFJN!DJUZ!MJNJUT 3236 D IBQN BO! BWF 2:1&,0. ATTACHMENT NO. 6 CBMM!SE DFSSJ UPT !BWF D FS SJUPT !BWF D FSSJU PT!B WF EJ TOF Z!XB Z LBUFM MB!BWF H FOF !B VUS Z!XB Z PSBO HFXPPE!BWF D IBQNBO!B WF DI BQN BO!BW F ATTACHMENT NO. 7 Nbq!OvncfsPxofs!ObnfBeesftt 986/14 C BMM!SE 2NBSSJPUU!IPUFM!TFSWJDFT!JOD811!X!DPOWFOUJPO!XBZ 3HBMBNBS!FOUFSQSJTFT2966!T!IBSCPS!!CMWE!TOBDL!CBS 4WBS\[IBQFUZBO!HBTQBS2141!X!LBUFMMB!BWF 5EBPVE!HFPSH!TVMJNBO2289!X!LBUFMMB!BWF Nbq!OvncfsPxofs!ObnfBeesftt 995/13 6N!K!T!FOHFM!OP!2!JOD3212!T!IBSCPS!CMWE Nbq!OvncfsPxofs!ObnfBeesftt 995/14 DF SSJUP T!BWF D FSS JUPT! BWF 7JCSBIJN!NPIBNBE!UBMBC!NPIBNBE611!X!PSBOHFXPPE!BWF 8CVJ!USBD622!X!DIBQNBO!BWF Nbq!OvncfsPxofs!ObnfBeesftt 986/12 9FENPOETPO!KBNFT!Q2491!T!IBSCPS!CMWE E JTOF Z!XB Z :NBMFLJ!DBSPM!F2651!T!IBSCPS!CMWE 21IVOUHP!JOD2881!T!IBSCPS!CMWE!TUF!235 228!FMFWFO!JOD722!X!LBUFMMB!BWF 23ZBQ!BI!UBJ2761!T!IBSCPS!CMWE 24NBMBZTJBO!BOBIFJN!HSPVQ!VTB!JOD2872!T!IBSCPS!CMWE LBUFMMB!BWF 25HBMBNBS!FOUFSQSJTFT2571!T!IBSCPS!CMWE 26XBMU!EJTOFZ!XPSME!DP2261!X!NBHJD!XBZ 278!FMFWFO!JOD212!X!LBUFMMB!BWF 28HBMBNBS!FOUFSQSJTFT2631!T!IBSCPS!CMWE Qspqptfe!Tjuf; 29GBJSGJFME!GND!MMD2571!T!IBSCPS!CMWE!UIJSE!GMS 2931!T!IBSCPS!CMWE 2:TIFJLIQPVS!FMTB!ZPMBOEB22:9!X!CBMM!SE H FOF !B VUSZ !XB Z 31QPQ!UIF!DPSL!MMD432!X!LBUFMMB!BWF!VOJU!416 32NBMFLJ!DBSPM!F2845!T!IBSCPS!CMWE Nbq!OvncfsPxofs!ObnfBeesftt P SBOHF XPPE!BWF 986/15 33IVNCMF!USBEJOH!JOUFSOBUJPOBM!DPSQ331!F!LBUFMMB!BWF 34PSBOHFXPPE!MJRVPS!JOD431!F!PSBOHFXPPE!BWF 35DIFWSPO!TUBUJPOT!JOD211!F!LBUFMMB!BWF Nbq!OvncfsPxofs!ObnfBeesftt 987/13 36GPPE!5!MFTT!PG!DBMJGPSOJB!JOD2727!X!LBUFMMB!BWF 37QOT!TUPSFT!JOD2781!X!LBUFMMB!BWF 38LIBXBKB!CBTJN2974!X!LBUFMMB!BWF 39MBN!CJOI278:!X!LBUFMMB!BWF DI BQNBO!BWF DIBQ NBO !BWF 3:HLIBMTB!JOD3171!T!FVDMJE!TU!$!2 41LJN!IXB!TVO2956!X!LBUFMMB!BWF 42LBVS!TBUXBOU2611!T!FVDMJE!TU 43HBSGJFME!CFBDI!DWT!MMD2771!X!LBUFMMB!BWF