Loading...
Resolution-PC 2010-057RESOLUTION NO. PC2010 -057 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A MITIGATED NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT NO. 2010 -05486 (DEV2009-00083) (2232 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010 05486, the conversion of two adjoined vacant commercial buildings located on a legal non conforming 4.8 -acre site into the "Battle of the Dance" dinner theater. The proposal also includes enhanced landscaping and wall murals pursuant to Code Section No. 18.60.180 of the Anaheim Municipal Code 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, this property is currently developed with a vacant building, located in the SP92 -2 Anaheim Resort Specific Plan Zone and the Anaheim General Plan designates this property for Commercial Recreation land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 19, 2010, at 3:30 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 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. The proposed dinner theater use, mural and bringing the site into greater conformance with the specific plan is properly one for which a conditional use permit is authorized under Code Section No.18.116.070.040.0402. 2. The proposed dinner theater will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the dinner theater and proposed improvements to the property would bring the site into greater conformance with the Anaheim Resort Specific Plan, in addition mitigation measures have been incorporated into the project to ensure that the use will not adversely affect any adjoining land uses or the growth and development of the area; 3. The size and shape of the site proposed for the dinner theater is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4. The traffic generated by the proposed dinner theater use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as documented in the Traffic Impact Analysis prepared by Kunzman Associates. The Traffic 1 PC2010 -057 Impact Analysis has included mitigation measures which have been incorporated as conditions of approval that would reduce impacts related to the increase in traffic to levels that are less then significant. 5. That the parking study prepared by Kunzman Associates for the dinner theater, determined that peak demand for parking would require 317 spaces and the site provides 360 spaces. In addition, the parking study recommended mitigation measures which included a parking management plan which have been included as conditions of approval that would reduce parking impacts to less than significant levels. 6. 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 and will provide a land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED, 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. 158 (Exhibit 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 approves Conditional Use Permit No. 2010 -05486 to permit a dinner theater with enhanced landscaping and wall murals on property located at 2232 South Harbor Boulevard. BE IT FURTHER RESOLVED, that 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 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 approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 2 PC2010 -057 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 of July 19, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Cod- pe fining to appeal procedures and may be replaced by a City Council Resolution in th- -nt-of n al. 1'EST: STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM v /14-fr7 SECRETARY, ANAHEIM CITY PLANNING COMMISSION CO- CHAIRMAN, A l`AI -1EIM CITY PLANNING COMMISSION 1, Eleanor Morris, 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 July 19, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 19 day of July, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -057 EXHIBIT "A" DEV2009-0008 APN: 233-051-Oil J 1 ti 1 1 1 1 1 1 546' 546' W WILICEN WAY s M RA L L_ Source: Recorded Tract Maps and/or City GIS. o rt 104 Please note the accuracy is two to five feet. imezt Fd*c 1 97 -4- PC2010 -057 NOTE: Mitigation Measures "MM from Mitigation Monitoring Program No. 158 are incorporated into these conditions of approval and are identified by the mitigation measure number below applicable condition numbers. NO. CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT The property owner/developer shall submit plans that detail the lighting systems for any parking facilities adjacent to residential or other light- sensitive uses. The system shall be designed and maintained in such a manner as to conceal the light sources to the extent feasible to minimize light spillage and glare to 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, the requirement has been met. 1 (MMI -1) 2 (MM XII -1) 3 (MM XII -4) 4 (MM XVI -2) EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05486 (DEV2009- 00083) The property owner/developer shall design the building to reduce noise intrusion to 60 dBA L or less at the property line to the satisfaction of the City of Anaheim. Emergency doors at the building exterior shall be double- insulated to prevent interior exterior noise transmission. These design features shall be noted on all building plans. The property owner/developer shall design a security plan for control of pedestrian and vehicular traffic and a plan for control of noise affecting nearby residences, as required by City of Anaheim Municipal Code, Chapter 4.18, Amusement and Entertainment Premises Restaurants and Bars. The property owner/developer shall submit a Parking Management Plan to the Planning department and City Traffic and Transportation manager for review and approval. -5 REVIEW BY SIGNED OFF BY Planning Code Enforcement Building (verification of note on plans) Planning Code Enforcement Traffic and Transportation Traffic and Transportation PC2010 -057 NO. CONDITIONS OF APPROVAL 5 (MNLXVI -8) 6 (NIIVIXVI -11) 7 (NIMXVII -1) 8 (MMXVII -3) 9 (NM XVI -4) 10 (M IXVI -9) Bus parking spaces shall be clearly indicated on the site plan and located away from any residential or noise sensitive adjacent land uses. The project site shall provide code- required parking spaces for the handicapped. Each specifically designated area should be clearly painted and signed. Signs shall be posted to clearly direct the appropriate attendees to the designated handicapped parking spaces. The property owner/developer shall pay Anaheim Resort Area water facilities fees in accordance with the Rule 15E of the Water Utility Rates, Rules, and Regulations ($0.39 per square foot). The property owner/developer shall indicate on plans the installation of a separate irrigation meter for total landscaped areas exceeding 2,500 square feet. Sight distances at the project accesses shall be reviewed and approved by the Traffic Engineer with respect to City of Anaheim standards. The developer shall comply with Ordinance No. 5209 and Resolution No. 91R -89 relating to the Transportation Demand Management by providing onsite taxi and shuttle bus loading zones and by joining and financially participating in the Anaheim Transportation Network and Anaheim Resort Transit (ART). The project shall provide a bus bay onsite acceptable to the City Traffic and Transportation Manager for ART buses to transport guests to and from hotels, tourist attractions, and local airports. 11 The property owner/developer shall submit a landscape and irrigation plan which shall be prepared and certified by a licensed landscape architect. The landscape plan shall include a REVIEW BY Traffic and Transportation Traffic and Transportation Water Engineering Resource Efficiency Planning Building (for verification of inclusion on building plans) Traffic and Transportation Traffic and Transportation Planning Resort Services SIGNED OFF BY 6 PC2010 -057 NO. CONDITIONS OF APPROVAL phasing plan for the 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 over- watering 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 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. 12 All air conditioning facilities and other roof and ground mounted equipment shall be shielded from public view as required by the ARSP and the sound buffered to comply with the City of Anaheim noise ordinances from any adjacent residential or transient- occupied properties. Such information shall be specifically shown on the plans submitted for building permits. 13 All plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened from view of adjacent public rights of -way and from adjacent properties by architectural devices and/or appropriate building materials; and further, such information shall be specifically shown on the plans submitted for building permits. REVIEW BY SIGNED OFF BY Planning Planning 14 The developer shall join and financially participate Traffic and in the Anaheim Transportation Network and Clean 7 PC2010 -057 NO. CONDITIONS OF APPROVAL Fuel Shuttle Program. PRIOR TO SITE CONSTRUCTION 15 (MM IX -1) l6 (MM XII -6) 17 (MM XII -9) 18 (MMXVII -2) The amount of total impervious surface square footage disturbance must be determined by the property owner /developer. In the event that construction activities disturb more than 5,000 square feet of impervious surface, or that any other criteria requiring the need for a WQMP are met as detailed in Section XII.B. of the current Santa Ana Regional Water Quality Control Board National Pollutant Discharge Elimination System MS4 Permit (Order No. R8- 2009 0030), a WQMP must be prepared. The water quality management plan (WQMP) must identify a program for the implementation of specific structural and nonstructural BMPs to address water quality issues so that predictable runoff is controlled. The WQMP will identify the location and type of structural BMPs that "infiltrate, filter, or treat" either the volume or flow rate of stormwater runoff. A final detailed site plan and WQMP must be approved by the City Engineer. Prior to the start of and for the duration of Code Enforcement construction, the contractor shall properly maintain and tune all construction equipment in accordance with the manufacturer's recommendations to minimize noise emissions. The construction contractor shall post a sign, Code Enforcement clearly visible onsite, with a contact name and telephone number of construction contractor to respond in the event of a noise complaint. All requests for new water service or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. REVIEW BY SIGNED OFF BY Transportation Development Services Water Engineering PRIOR TO COMMENCEMENT OF PROJECT 8 PC2010 -057 NO. CONDITIONS OF APPROVAL 19 (MM XVI -6) 20 The Parking Management Plan shall be submitted (MNIXVI -10) for review and approval by the Planning Department and the Traffic and Transportation Manager. The Parking Management Plan shall include the Parking Lot Plan required in section 18.116.140 of the Anaheim Municipal Code, and shall include detailed information on how the valet parking program will operate through a valet and access plan, including the location of the loading zone for valet service. ON -GOING DURING PROJECT CONSTRUCTION AND OPERATION 21 (MM XII -5) 22 (MM XII -7) 23 (MM XII -8) The developer shall submit street improvement plans to improve Harbor Boulevard, including planting and irrigation for the public parkway to the Public Works Department, Development Services Division. Tree wells shall be constructed with the irrigation connected to the private irrigation system. Prior to issuance of a building permit, the developer shall submit a bond to guarantee that the improvements are constructed prior to final building and zoning inspection. [Anaheim Municipal Code Section 18.04.080.060]. Construction activities, deliveries, and haul trucks shall be restricted to the daytime hours of 7:00 AM to 7:00 PM, Monday through Saturday, and at no time on Sunday or a federal holiday for the duration of the construction period. REVIEW BY SIGNED OFF BY Traffic and Transportation Traffic and Transportation Code Enforcement Prior to use of any construction equipment, the Code Enforcement contractor shall fit all equipment with properly operating mufflers, air intake silencers, and engine shrouds no less effective than as originally equipped by the manufacturer During construction, the construction contractor Code Enforcement shall place stationary construction equipment and material delivery (loading/unloading) areas a minimum of 50 feet from adjacent residential land uses. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 9 PC2010 -057 NO. CONDITIONS OF APPROVAL, 28 (MM XVI -1) 29 (MM XVI -3) 30 (MM XVI -5) 31 (MMXVI -17) 32 (MMXVII -4) 24 That root and sidewalk barriers shall be provided for trees (with the exception of palm trees) within seven feet of public sidewalks. 25 The property owner /developer shall participate in the assessment district for landscape installation and maintenance established for The Anaheim Resort 26 Plans shall indicate that the building shall have sprinklers installed by the property owner /developer in accordance with Anaheim Municipal Code. Said sprinklers shall be installed prior to each final building and zoning inspection. 27 The property owner /developer shall place emergency telephone service numbers in prominent locations as approved by the Fire Department. Implement the site specific circulation and access recommendations as shown in Figure 18, Onsite Circulation Recommendations, Harbor Boulevard from the project's north boundary to Hotel Way shall be constructed at its ultimate half-section width including landscaping, raised median and parkway improvements, if necessary. Onsite traffic signaling and striping shall be implement in conjunction with detailed construction plans for the project. The City Traffic Engineer shall visit the site once the project is constructed and in full operation and verify that the traffic operations are satisfactory. The property owner /developer shall submit a letter from a landscape architect to the City certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscape and irrigation plans. 10- REVIEW BY SIGNED OFF BY Planning Planning Fire Fire Traffic and Transportation Development Services Traffic and Transportation Traffic and Transportation Planning PC2010 -057 NO. CONDITIONS OF APPROVAL 33 The property owner /developer shall install onsite (MIVIXVII -5) piping with project mains so that reclaimed water may be used for landscape irrigation when it becomes available from the Orange County Sanitation District. ONGOING DURING PROJECT OPERATION 34 (MM XII -2) 35 (MM XII -3) 36 (MM XVI -7) 37 (MMXVI -12) 38 (1VIlVIXVI -13) 39 (MMXVI -14) The manager of the Battle of the Dance shall Code Enforcement ensure that emergency doors located at the rear of the building are kept closed at all times during the operation of the dinner theater. With enforcement by the City of Anaheim, the onsite manager shall monitor shuttle bus idling along Harbor Boulevard to ensure they are compliant with CARB Rule Section 2485, which prohibits commercial motor vehicles from idling their primary diesel engines for more than five minutes at any location. After building permit issuance, as is the case for any roadway design, the City of Anaheim should periodically review traffic operations in the vicinity of the project once the project is constructed to assure that the traffic operations are satisfactory Traffic directing personnel shall be used to direct inbound drivers to empty parking segments within a lot and then to empty parking stalls. A traffic director shall be positioned at the entrance driveway. Another traffic director should be located in the empty parking area to direct the driver to an empty stall. As the lot fills to capacity, the directors in the lot shall communicate to the driveway director to start to fill the next area." Traffic directing personnel shall have brightly colored vests so that they are highly visible for the attendees and for their safety. They should have walkie- talkies to ensure efficient communication. They shall be trained for maximum efficiency and safety. Traffic- directing personnel shall be provided to assist drivers leaving the facility. REVIEW BY SIGNED OFF BY Planning Code Enforcement Traffic and Transportation Traffic and Transportation Police Traffic and Transportation Police Traffic and Transportation 11 PC2010 -057 NO. CONDITIONS OF APPROVAL 40 (MIVIXVI -15) 41 (1VIlVIXVI -16) GENERAL 42 That any tree planted within the Setback Realm shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Business to be equipped with alarm system (silent or audible) 43 44 45 46 Valet parking areas shall be provided onsite and utilized in accordance with the Parking Management Plan. These areas shall be appropriately signed and striped. Pedestrian conflicts shall be minimized as much as possible by directing pedestrians to designated pedestrian crossings. During events, manual control could be necessary in the drop -off areas. A follow -up monitoring program shall be used to determine the effectiveness of the parking management plan. Peak periods shall be monitored in order to make changes to the parking management plan to improve operating conditions, if necessary. Provide comprehensive security alarm system for the following: Perimeter building and access route protection. High valued storage areas. Interior building door to shipping and receiving area. Perimeter fence and security gating. REVIEW BY SIGNED OFF BY Police Traffic and Transportation Police Traffic and Transportation Police Planning Police Police Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: httD:/ /www.anaheim.net/article.asn ?id =678 1. Closed circuit television (CCTV) security cameras are recommended, with the following coverage areas: 12 PC2010 -057 Police Police NO. CONDITIONS OF APPROVAL Lobby entrances Building perimeter Parking lot Exterior entrance Interior hallway 2. Cashier's area If security cameras are not monitored, signs indicating so should be placed at each camera. 3. CCTV monitor and recorders should be secured in a separate locked compartment to prevent theft or, or tampering with, the tape. 4. CCTV recording should be kept for a minimum of 30 days before being recorded over. 5. CCTV videotapes should not be recorded over more than 10 items per tape. Use of digital recording equipment as an alternative to videotape is encouraged. 6. On -site, California- licensed security personnel (uniformed recommended). 47 Address numbers shall be positioned so as to be readily readable from the street. Number should be illuminated during hours of darkness. Rear entrance doors shall be numbered in the same address numbers or suite number of the business. Minimum height of 4" recommended. 48 Rooftop address numbers for the police helicopter. Minimum size 4' in height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from the ground level. 49 1. All exterior doors to have adequate security hardware, e.g. deadbolt locks. REVIEW BY SIGNED OFF BY Police Police Police 13 PC2010 -057 NO. CONDITIONS OF APPROVAL 50 2. Wide -angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised. 3. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob /lever /turn piece. 4. Overhead roll -up doors shall also be secured on the inside that the lock cannot be defeated from the outside and shall be secured with a cylinder lock or padlock from the inside. 1. All glass skylights on the roof of any building shall be provided with: Rated burglary resistant glass or glass -like acrylic material or Security bars of at least 1/2" round steel, or 1" by 1 /4" flat steel material, spaced no more than 5" apart under the skylight and securely fastened or A steel grill of at least 1 /8" material under the skylight and securely fastened. 2. All hatchway openings on the roof of any building shall be secured as follows: if the hatchway is of wooden material, if shall be covered on the outside with at least 16 -gauge sheet steel or its equivalent attached with screws. Outside hinges on all hatchway openings shall be provided with non- removable pins when using pin -type hinges. 3. A Knox box shall be installed at hatchway to allow Police/Fire access to interior. 4. Exterior roof access ladder should be relocated within the building's main resident tenant space. Exterior ladders 14 REVIEW BY SIGNED OFF BY Police PC2010 -057 NO. CONDITIONS OF APPROVAL allow easy roof access for criminals, etc. 5. All air duct or air vent openings exceeding 8 "x12" on the rooftop of exterior walls of any building shall be secured by covering the same with either of the following: Security bars of at least 1 /2" round steel, or 1" by 1/4" flat steel material, spaced no more than 5" apart and securely fastened or A steel grill of at least 1/8" material and securely fastened. If the barrier is secured to the outside of the structure, it shall be secured with galvanized rounded head flush bolts of at least 3/8" diameter on the outside. 51 No Trespassing 602(k) P.C." posted at the entrances of parking lots /structures and located in other appropriate places. Signs must be at least 2'xl in overall size, with white background and black 2" lettering. All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners /managers request. 52 Security measure 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. 53 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) 54 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 REVIEW BY SIIGNED OFF BY Police Police Police Police 15 PC2010 -057 NO. CONDITIONS OF APPROVAL Anaheim Municipal Code) The permitted event or activity shall not create sound levels that violate any ordinance of the City of Anaheim (Section 4.16.100.010 AMC) 56 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 24 hours of being applied. 57 Final elevation and sign plans shall be brought back to the Commission as a Report and Recommendation item. 58 The subject property shall be developed substantially in 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 No. 1 (Site Plan) Exhibit No. 2 (Floor Plan), Exhibit No. 3 (Roof Plan), Exhibit No. 4 (Elevations), Exhibit No. 5 (Elevations), Exhibit No. 6 (Landscape Plans) and as conditioned herein. REVIEW BY SIGNED OFF BY Code Enforcement Police Code Enforcement Planning Planning 16 PC2010 -057