RES-2024-020RESOLUTION NO. 2024-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING CONDITIONAL USE PERMITS AND
MINOR CONDITIONAL USE PERMIT TO CONSTRUCT A
HOTEL, A DRIVE -THROUGH RESTAURANT, PERMIT A
FLOOR AREA RATIO ABOVE 0.50, AND PERMIT VALET
PARKING AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2019-00161)
(125 EAST BALL ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for a Reclassification and Conditional Use Permits,
(collectively known as Development Application No. 2019-00161), to construct an approximately
67,715 square foot hotel with valet parking, and a detached 1,200 square foot walk-up/drive-
through restaurant, and an increase in the allowable Floor Area Ratio (FAR) to 1.08 (the "Proposed
Project"), for that certain real property located at 125 East Ball Road in the City of Anaheim,
County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit
A and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 1.5 acres in size and consists of two parcels:
Assessor's Parcel Number (APN) 234-161-26 zoned "C-G" General Commercial and located in
the "SABC" South Anaheim Boulevard Corridor Overlay Zone; and APN 234-161-04 zoned "I"
Industrial and located in the "SABC" South Anaheim Boulevard Corridor Overlay Zone; and the
entire Property is designated for "General Commercial" land uses in the General Plan; and
WHEREAS, the Conditional Use Permits are proposed in conjunction with a
Reclassification to reclassify APN 234-161-04 to apply the "C-G" General Commercial Zone; and
WHEREAS, the Anaheim Municipal Code ("Code") requires a conditional use permit for
hotel developments within the "C-G" General Commercial Zone, subject to the approval by the
Planning Commission pursuant to Section 18.08.030 (Uses) of Chapter 18.08 (Commercial
Zones); and
WHEREAS, the Code requires a conditional use permit for drive -through developments
within the "C-G" General Commercial Zone, subject to the approval by the Planning Commission
pursuant to Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones); and
WHEREAS, the Code requires a conditional use permit to permit a Floor Area Ratio (FAR)
above 0.50 within the "C-G" General Commercial Zone, subject to the approval by the Planning
Commission pursuant to Section 18.08.045 (Floor Area Ratio); and
WHEREAS, the Code requires a minor conditional use permit for valet parking within the
"C-G" General Commercial Zone, subject to the approval by the Planning Commission pursuant
to Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones)
WHEREAS, the Planning Commission did hold a public hearing in the City of Anaheim
on December 4, 2023 at 5:00 p.m., notice of said public hearing having been duly given as required
by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider
evidence and testimony for and against the Proposed Project and Mitigated Negative Declaration,
and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, after due inspection, investigation and study made by itself, and in its behalf,
and after due consideration of, and based upon, all evidence and reports offered at said hearing
relating to Proposed Project, the Planning Commission, by motion, recommended that the City
Council approve said Conditional Use Permits, in the form presented at the meeting at which this
Resolution is adopted and incorporated herein by this reference, contingent upon and subject to
the adoption by the City Council of an ordinance approving and adopting a Reclassification; and
WHEREAS, upon receipt of the Planning Commission recommendation the City Council
did fix the 27th day of February, 2024, as the time, and the City Council Chamber in the Civic
Center, as the place, for a public hearing on the Proposed Project and the Mitigated Negative
Declaration and for the purpose of considering evidence for and against the Proposed Project and
the Mitigated Negative Declaration, and did give notice thereof in the manner and as provided by
law; and
WHEREAS, by Resolution No. 2024-019, considered and approved by the City Council
concurrently with but prior in time to consideration of this resolution, the City Council found and
determined that (i) the Mitigated Negative Declaration was prepared for the Proposed Project in
compliance with the requirements of CEQA and the State CEQA Guidelines; and (ii) the Mitigated
Negative Declaration and Mitigation Monitoring Plan No. 388 is the appropriate environmental
documentation for the Proposed Project; as found and recommended by the Planning Commission;
and
WHEREAS, pursuant to Subsection .060 (Findings) of Section 18.66 (Conditional Use
Permit), this City Council, after due consideration, inspection, investigation, and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said
hearing, including the plans submitted by the applicant, does hereby find and determine the
following facts with respect to said Conditional Use Permits:
1. The Code permits both a hotel and drive -through restaurant in the C-G Zone subject
to approval of a conditional use permit, and valet parking subject to the approval of a minor
conditional use permit to ensure compatibility with the surrounding area and uses, and to ensure
that the uses would not be detrimental to the general health and safety of the community.
The Code permits an increase in FAR subject to approval of a conditional use permit
provided that all potential environmental impacts associated with the proposed use of the structure
have been duly analyzed and mitigated. An Initial Study in support of a Mitigated Negative
-2-
Declaration (IS/MND) has been prepared to evaluate the environmental impacts of the proposed
project and to identify necessary mitigation. With implementation of proposed mitigation
measures, project impacts will be reduced to levels considered less than significant and the MND
concluded that there are no remaining potentially significant adverse impacts related to the project.
2. The proposed hotel and drive -through restaurant uses, and valet parking would not
adversely impact the existing commercial uses to the west, residential uses to the north, or
industrial uses to the east as all operations of the project are contained on -site. Adequate site access
and Code compliant parking would be provided. The site would adequately accommodate on -site
vehicular circulation with a large guest drop-off area, valet drop off and pick up areas and entry
drives and drive aisles leading to the valet parking drop off. The 15-vehicle drive -through lane
would accommodate the projected maximum queue for the drive -through restaurant without
interfering with internal circulation or causing congestion in the drive aisles. In addition, fire truck
and emergency service access were deemed adequate by the Fire and Rescue Department, and
sanitation service was deemed adequate by the Public Works Operations Division.
The noise study prepared for the Proposed Project determined that the noise levels
associated with the hotel operations, parking lot, parking lift facility, and drive-thru window and
menu board would not exceed the permitted sound pressure level limits at adjacent property lines.
The Proposed Project would not adversely affect the growth and development of the area as it
would be compatible with the adjacent commercial retail center, the land use patterns in the
vicinity, and it meets all applicable Code requirements. The Proposed Project is consistent with
various goals and policies of the General Plan, including the goal of establishing the South
Anaheim Boulevard Corridor, including the Proposed Project's location, as a revitalized
commercial and residential area that serves to link the downtown (Center City), the Platinum
Triangle, and The Anaheim Resort.
3. The Proposed Project is designed to allow for the full development of the proposed
uses on -site without conflicting with adjacent uses and without any Code deviations or variances.
The proposed uses would not be detrimental to the area or the general health and safety of the
community because the Proposed Project has been designed to provide adequate site access, on -
site circulation, and Code compliant parking. The Proposed Project meets all landscape and
structural setback requirements including extensive landscape improvements provided along the
Ball Road and Technology Circle street frontages. Noise levels from the Proposed Project are not
expected to exceed Code noise limits and therefore not be disruptive to adjacent properties.
4. The Public Works Department — Traffic and Transportation Division reviewed the
Vehicle Miles Traveled (VMT) Screening Assessment, Trip Generation Analysis, and Queueing
Evaluation for the Proposed Project and determined that the traffic generated by the proposed uses
would not impose an undue burden on streets and highways in the area and would not have a
significant impact on traffic. Further, it was determined that there would be adequate on -site
circulation, and that adequate queueing would be provided for the drive -through lanes.
5. The Proposed Project will not be detrimental to the overall health and safety of the
citizens of the City of Anaheim because the Proposed Project has been designed to be compatible
with adjacent land uses. The Proposed Project provides adequate site access, on -site circulation,
-3-
parking, and there will be no significant traffic impacts. Noise levels from the Proposed Project
are not expected to exceed Code noise limits and therefore not be detrimental to the overall health
and safety of citizens of the City of Anaheim.; and
WHEREAS, the City Council determines that the evidence in the record constitutes
substantial evidence to support the actions taken and the findings made in this Resolution, that the
facts stated in this Resolution are supported by substantial evidence in the record, including
testimony received at the public hearing, the staff presentations, the staff report and all materials
in the project files. There is no substantial evidence, nor are there other facts, that negate the
findings made in this Resolution. The City Council expressly declares that it considered all
evidence presented and reached these findings after due consideration of all evidence presented to
it.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, the City Council does hereby approve and adopt the Conditional Use Permits and
Minor Conditional Use Permit, contingent upon and subject to: the adoption by the City Council
of an ordinance approving and adopting the Reclassification; the mitigation measures set forth in
MMP No. 388, and the conditions of approval set forth 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 Property in order to preserve the health, safety and general welfare of the
citizens of the City of Anaheim. Extensions for further time to complete conditions of approval
may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with
conditions of approval 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 Code, and (iii) the applicant has demonstrated
significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification, or revocation 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 Code.
BE IT FURTHER RESOLVED that the City Council 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 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.
Gs
THE FOREGOING RESOLUTION was adopted by the City Council of the City of
Anaheim this 2_ day of February , 2024 , by the following roll call vote:
AYES: Mayor Aitken and Council Members Kurtz, Diaz,
Faessel and Meeks
NOES: Council Members Leon and Rubalcava
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
MAYOR OF = CITY OF ANAHEIM
CITY CLERK OF THE CITY F ANAHEIM
-5-
EXHIBIT "A"
DEV NO.2019-00161
APN:
234-161-04
234-161-26 y
G
O
2
P
AVE
�2
19?,
f S.
v �A
2� r-ai°
- �cr
ti
y
co_
co
142'
W BALL RD E BALL RD
0
Co
Co
N
N
791'
o so too Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
Feet
EXHIBIT "B"
CONDITIONAL USE PERMITS
(DEV2019-00161)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMIT
1
The Owner/Developer shall install an approved backflow prevention
Public Utilities,
assembly on the water service connection(s) serving the property, behind
Water Engineering
property line and building setback in accordance with Public Utilities
Division
Department Water Engineering Division requirements.
2
The Owner/Developer shall submit a set of improvement plans for Public
Public Utilities,
Utilities Water Engineering review and approval in determining the
Water Engineering
conditions necessary for providing water service to the project.
Division
3
The Owner/Developer shall prepare and submit a final grading plan
Public Works,
showing building footprints, pad elevations, finished grades, drainage
Development Services
routes, retaining walls, erosion control, slope easements, and other
Division
pertinent information in accordance with Anaheim Municipal Code and the
California Building Code, latest edition.
4
The Owner/Developer shall prepare and submit a final drainage study,
Public Works,
including supporting hydraulic and hydrological data to the City of
Development Services
Anaheim for review and approval. The study shall confirm or recommend
Division
changes to the City's adopted Master Drainage Plan by identifying off -site
and on -site storm water runoff impacts resulting from build -out of
permitted General Plan land uses. In addition, the study shall identify the
project's contribution and shall provide locations and sizes of catchments
and system connection points and all downstream drainage -mitigating
measures including but not limited to offsite storm drains and interim
detention facilities.
5
The Owner/Developer shall execute a Save Harmless Agreement with the
Public Works,
City of Anaheim for any proposed parkway drains or storm drain
Development Services
connections to a City storm drain system. The agreement shall be recorded
Division
by the applicant on the property prior to the issuance of any permits.
6
All required plans and studies shall be prepared by a Registered
Public Works,
Professional Engineer.
Development Services
Division
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
7
The Owner/Developer shall obtain the required coverage under
Public Works,
California's General Permit for Stormwater Discharges associated with
Development Services
Construction Activity by providing a copy of the Notice of Intent (NOI)
Division
submitted to the State Water Resources Control Board and a copy of the
subsequent notification of the issuance of a Waste Discharge Identification
(WDID) number.
8
The Owner/Developer shall prepare a Stormwater Pollution Prevention
Public Works,
Plan (SWPPP). The SWPPP shall be kept at the project site and be available
Development Services
for Public Works Development Services Division review upon request.
Division
9
The Owner/Developer shall submit a Water Quality Management Plan
Public Works,
(WQMP) to the City for review and approval. The WQMP shall be
Development Services
consistent with the requirements of Section 7 and Exhibit 7.II of the Orange
Division
County Drainage Area Management Plan (DAMP) for New Development/
Significant Redevelopment projects. identify potential sources of
pollutants during the long-term on -going maintenance and use of the
proposed project that could affect the quality of the stormwater runoff from
the project site; define Source Control, Site Design, and Treatment Control
(if applicable) best management practices (BMPs) to control or eliminate
the discharge of pollutants into the surface water runoff; and provide a
monitoring program to address the long-term implementation of and
compliance with the defined BMPs.
10
The Owner/Developer shall submit a Geotechnical Report to the Public
Public Works,
Works Development Services Division for review and approval. The report
Development Services
shall address any proposed infiltration features of the WQMP.
Division
11
MM 5-1: Prior to the issuance of the grading permit, the applicant shall
Planning and Building
provide written evidence to the City that the applicant has retained an
Department,
Orange County -certified archaeologist to observe grading activities and
Building Division
salvage and catalogue archaeological resources as necessary. The
archaeologist shall be present at the pre -grade conference, shall establish
procedures for archaeological resource surveillance, and shall establish, in
cooperation with the applicant, procedures for temporarily halting or
redirecting work to permit the sampling, identification, and evaluation of
the artifacts as appropriate. If archaeological resources are inadvertently
unearthed during excavation activities, the contractor shall immediately
cease all earth -disturbing activities within a 100-foot radius of the area of
discovery and the archaeologist and City shall be notified immediately. If
the archaeological resources are found to be significant, the archeologist,
in consultation with the City, shall determine appropriate actions for
exploration and salvage. After the find has been appropriately avoided or
mitigated. work in the area may resume.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
12
MM 6-2: Prior to issuance of building or grading permits, the property
Planning and Building
Owner/Developer shall submit to the Planning and Building Department,
Department,
Building Division geologic and geotechnical investigations in areas of
Building Division
potential seismic or geologic hazards and provide a note on plans that all
grading operations will be conducted in conformance with the
recommendations contained in the applicable geotechnical investigation.
13
MM 6-3: Prior to the issuance of the grading permit, the applicant shall
Planning and Building
provide written evidence to the City that the applicant has retained an
Department,
Orange County -certified paleontologist. In the event that paleontological
Building Division
resources are inadvertently unearthed during excavation activities, the
contractor shall immediately cease all earth -disturbing activities within a
100-foot radius of the area of discovery and the contractor shall contact the
City immediately. The City shall retain a qualified professional
paleontologist to evaluate the significance of the find, and in consultation
with the City, determine an appropriate course of action. If the
paleontological resources are found to be significant, the paleontologist, in
consultation with the City, shall determine appropriate actions for
exploration and salvage. After the find has been appropriately avoided or
mitigated, work in the area may resume.
14
MM 18-1: Prior to the issuance of any grading permit in which native soil,
Planning and Building
as identified by the geotechnical report prepared for the project, is
Department,
disturbed, the property Owner/Developer or contractor as designee shall
Building Division
provide evidence in the form of an executed Agreement to the City of
Anaheim Planning and Building department that they have retained a
qualified Native American tribal monitor to provide third -party monitoring
during excavation and grading activities in native sediment and to recover
and catalogue tribal resources as necessary. The tribal monitor shall be
from or approved by the Gabrieleiio Band of Mission Indians — Kizh
Nation. The agreement shall include (i) professional qualifications of
Native American monitor; (ii) detailed scope of services to be provided
including but not limited to pre -construction education, observation,
evaluation, protection, salvage, notification, and/or curation requirements,
as applicable, with final documentation/report to Public Works Inspector;
(iii) contact information; (iv) communication protocols between Contractor
and Monitor for scheduling to facilitate timely performance; (v)
acknowledgment that if the tribal monitor is unavailable or unresponsive
based on terms stipulated in the agreement, property Owner/Developer or
contractor as designee may contract with another qualified tribal monitor
acceptable to the City. The selection of the qualified professional(s) shall
be subject to City acceptance based on generally accepted professional
qualifications and certifications, as applicable. The cover sheet of the
grading plans shall include a note to identify that third party tribal
monitoring is required during excavation and grading activities in
accordance the with City -approved Agreement. Contact information for
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
approved tribal monitor shall be provided by the contractor to the City
inspector at the pre -construction meeting.
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS
15
A private water system with separate water service for fire protection and
Public Utilities,
domestic water shall be provided and shown on plans submitted to the
Water Engineering
Water Engineering Division of the Anaheim Public Utilities Department.
Division
16
All backflow equipment shall be located above ground outside of the street
Public Utilities,
setback area in a manner fully screened from all public streets and alleys.
Water Engineering
Any backflow assemblies currently installed in a vault will have to be
Division
brought up to current standards. Any other large water system equipment
shall be installed to the satisfaction of the Water Engineering Division
outside of the street setback area in a manner fully screened from all public
streets and alleys. Said information shall be specifically shown on plans
and approved by Water Engineering and Cross Connection Control
Inspector.
17
All requests for new water services, backflow equipment, or fire lines, as
Public Utilities,
well as any modifications, relocations, or abandonments of existing water
Water Engineering
services, backflow equipment, and fire lines, shall be coordinated and
Division
permitted through Water Engineering Division of the Anaheim Public
Utilities Department.
18
All existing water services and fire services shall conform to current Water
Public Utilities,
Services Standards Speciflcations. Any water service and/or fire line that
Water Engineering
does not meet current standards shall be upgraded if continued use is
Division
necessary or abandoned if the existing service is no longer needed. The
Owner/Developer shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
19
The Owner/Developer shall irrevocably offer to dedicate to the City of
Public Utilities,
Anaheim (i) an easement for all large domestic above -ground water meters
Water Engineering
and fire hydrants, including a five (5)-foot wide easement around the fire
Division
hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for
all water service mains and service laterals all to the satisfaction of the
Water Engineering Division. The easements shall be granted on the Water
Engineering Division of the Public Utilities Department's standard water
easement deed. The easement deeds shall include language that requires
the Owner to be responsible for restoring any special surface
im;)rovements, other than asphalt paving, including but not limited to
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
colored concrete, bricks, pavers, stamped concrete, decorative hardscape,
walls, or landscaping that becomes damaged during any excavation, repair
or replacement of City owned water facilities. Provisions for the repair,
replacement, and maintenance of all surface improvements other than
asphalt paving shall be the responsibility of the Owner and included and
recorded in the Master CC&Rs for the project.
20
The Owner/Developer shall submit to the Public Utilities Department
Public Utilities,
Water Engineering Division an estimate of the maximum fire flow rate and
Water Engineering
maximum day and peak hour water demands for the project. This
Division
information will be used to determine the adequacy of the existing water
system to provide the estimated water demands. Any off -site water system
improvements required to serve the project shall be done in accordance
with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations.
21
Water improvement plans shall be submitted to the Water Engineering
Public Utilities,
Division for approval and a performance bond in the amount approved by
Water Engineering
the City Engineer and form approved by City Attorney shall be posted with
Division
the City of Anaheim.
22
Individual water service and/or fire line connections will be required for
Public Utilities,
each parcel or residential, commercial, industrial unit per Rule 18 of the
Water Engineering
City of Anaheim's Water Rates, Rules, and Regulations.
Division
23
Provide a certificate, from the project's Registered Civil Engineer,
Public Works
certifying that the building pad has been completed in accordance with the
Department,
City approved grading plan.
Development Services
Division
24
Submit an interim soils report indicating pad compaction and site stability
Public Works
prepared by the project's Geotechnical Engineer of Record. The pad
Department,
compaction report needs to include a site plan showing the compaction
Development Services
testing locations.
Division
25
The legal property owner shall irrevocably offer to dedicate to the City of
Public Works
Anaheim for road, public utilities, and other public purposes the
Department,
following right-of-way easements:
Development Services
• 1 ft. in width on Ball Road
Division
• Corner cutback at Ball Road and Technology Circle
26
The Owner/Developer shall submit street improvement, landscape and
Public Works
irrigation plans to obtain a Right -of -Way Construction Permit (RCP) for
Department,
all work performed in the public right-of-way from the Public Works
Development Services
Department. The developer shall submit a cost estimate and post a security
Division
(Performance and Labor & Material Bonds) in an amount approved by the
City Engineer and in a form approved by the City Attorney for the
construction of all required public improvements within the City street right
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
of way. The following improvements shall conform to the applicable City
Standards and as approved by the City Engineer:
a. On Ball Road, the developer shall construct all improvements along
the project's frontage including a 5' sidewalk at ultimate right of
way and a 5' landscaped public parkway and trees, curb adjacent,
or as approved by the City Engineer. The proposed irrigation line
and meter shall be connected to the )rivate main.
27
The legal owner shall submit an application for a Subdivision Map Act
Public Works
Certificate of Compliance to the Public Works Development Services
Department,
Division. The Certificate of Compliance shall be approved by the City
Development Services
Surveyor and recorded in the Office of the Orange County Recorder.
Division
28
All Landscape plans shall comply with the City of Anaheim adopted
Public Works
Landscape Water Efficiency Guidelines. This ordinance complies with the
Department,
State of California Model Water Efficient Landscape Ordinance (AV
Development Services
1881).
Division
29
The curbs adjacent to the drive aisles shall be painted red to prohibit
Public Works
parallel parking in the drive aisles. Red curb locations shall be clearly
Department,
labeled on building plans.
Traffic Engineering
Division
30
Prior to the issuance of the first building permit, the property
Public Works
Owner/Developer shall design and submit street improvement plans to the
Department,
City of Anaheim Public Works Department. Development Services
Traffic Engineering
Division for review and approval of the improvements identified in the 125
Division
East Ball Road Hotel Traffic Impact Study dated December 14, 2022.
These improvements shall be included in the Right of Way Construction
Permit (RCP) that will be submitted for any other improvements proposed
in the public right-of-way. All improvements shall be completed prior to
the first final building and zoning inspection. The improvements identified
in the traffic study consist of the following:
• Restripe the SB approach on Technology Circle at Ball Road to
provide one southbound left turn lane and one southbound right turn
lane.
• Add red curb to the west side of Technology Circle between Ball
Road and the first project driveway.
31
MM 6-1: Prior to issuance of each building permit, the property
Planning and Building
Owner/Developer shall submit plans to the Planning Department, Building
Department,
Division for review and approval showing that the proposed structure has
Building Division
been analyzed for earthquake loading and designed according to the most
recent seismic standards in the California Building Code adopted by the
City of Anaheim.
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
32
The Owner/Developer shall install an approved backflow prevention
Public Utilities,
assembly on the water service connection(s) serving the property, behind
Water Engineering
property line and building setback in accordance with Public Utilities
Division
Department Water Engineering Division requirements.
33
All public improvements shall be constructed by the developer, inspected,
Public Works
and accepted by Construction Services prior to final building and zoning
Department,
inspection.
Development Services
Division
34
All remaining fees/deposits required by Public Works department must be
Public Works
paid in full.
Department,
Development Services
Division
35
Record Drawings Plans and Final/As-Graded Geotechnical Report shall be
Public Works
submitted for review and approval to the Department of Public Works,
Department,
Development Services Division.
Development Services
Division
36
That prior to final building and zoning inspection, fire lanes shall be
Public Works
posted with "No Parking Any Time." Said information shall be
Department,
specifically shown on plans submitted for building permits.
Traffic Engineering
Division
ON -GOING DURING OPERATIONS
37
The Owner shall be responsible for restoring any special surface
Public Utilities,
improvements, other than asphalt paving, within any right-of-way, public
Water Engineering
utility easement or City easement area including but not limited to colored
Division
concrete, bricks, pavers, stamped concrete, walls, decorative hardscape, or
landscaping that becomes damaged during any excavation, repair or
replacement of City owned water facilities. Provisions for maintenance of
all said special surface improvements shall be included in the recorded
Master CC&Rs for the project and the City easement deeds.
38
All new landscaping shall be installed by the Owner/Developer in
Planning and Building
conformance with Chapter 18.46 "Landscape and Screening" of the
Department,
Anaheim Municipal Code and shall be maintained in perpetuity.
Planning Services
Landscaping shall be replaced by the applicant in a timely manner in the
Division
event that it is removed, damaged, diseased, and/or dead.
GENERAL
39
A minimum of two connections to public water mains and water looping
Public Utilities,
inside the residential lot are required.
Water Engineering
Division
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
40
The following minimum horizontal clearances shall be maintained between
Public Utilities,
proposed water main and other facilities:
Water Engineering
• 10-feet minimum separation (outside wall -to -outside wall) from sanitary
Division
sewer mains and laterals
• 5-feet minimum separation from all other utilities, including storm drains,
gas, and electric
• 6-feet minimum separation from curb face
• 10-feet minimum separation from structures, footings, and trees.
The following minimum clearances shall be provided around all new and
existing public water facilities (e.g., water mains, fire hydrants, service
laterals, meters, meter boxes, backflow devices, etc.):
• 10 feet from structures, footings, walls, stormwater BMPs, power poles,
streetlights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and all other utilities
(e.g., storm drain, gas, electric, etc.) or above ground facilities.
-AND/OR-
The following additional minimum clearances shall be maintained between
existing and proposed public water main and other facilities:
• 10-feet minimum horizontal separation (outside wall -to- outside
wall) from sanitary sewer mains and laterals.
• 6-feet minimum separation from curb face
• 12-inch minimum vertical separation from other utilities.
41
No public water main or public water facilities shall be installed in private
Public Utilities,
alleys or paseo areas.
Water Engineering
Division
42
No public water mains or laterals allowed under parking stalls or parking
Public Utilities,
lots.
Water Engineering
Division
43
All fire services 2-inch and smaller shall be metered with a UL listed meter,
Public Utilities,
Hersey Residential Fire Meter with Translator Register, no equals.
Water Engineering
Division
44
All CBC and CFC requirements shall be followed for permit issuance.
Fire and Rescue
Any fire permits which include fire sprinklers, fire alarm, etc. shall be
Department
submitted directly to Anaheim Fire Prevention Department.
45
Fire flow shall be required prior to the initial plan check submittal. Please
Fire and Rescue
contact City of Anaheim/Water Engineering for this information. Puzzle
Department
lift building requires a higher water demand so it is necessary to determine
that the demand can be met, or plan for a fire pump on the property.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
46
All drivable surfaces - Permanent, temporary, and phased emergency
Fire and Rescue
access roads shall be designed and maintained to support an imposed load
Department
of 78,000 lbs. and surfaced to provide all-weather driving capabilities.
47
An adequate water supply capable of providing minimum fire flow
Fire and Rescue
requirements for fire hydrants and a fire sprinkler system shall be
Department
available.
48
A NFPA 13 fire sprinkler system shall be required for this project (Hotel,
Fire and Rescue
Puzzle Lift Building).
Department
49
Emergency responder radio coverage system per CFC §510 shall be
Fire and Rescue
required for this project
Department
50
Puzzle Lift Building shall comply with CBC/CFC requirements.
Fire and Rescue
Department
51
Prior to approval of permits for improvement plans, the property
Public Utilities,
Owner/Developer shall coordinate with Electrical Engineering to establish
Electrical Engineering
electrical service requirements and submit electric system plans, electrical
Division
panel drawings, site plans, elevation plans, and related technical drawings
andspecifications.
52
Prior to connection of electrical service, the legal owner shall provide to
Public Utilities,
the City of Anaheim a Public Utilities easement with dimensions as shown
Electrical Engineering
on the approved utility service plan.
Division
53
Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
payment to the City of Anaheim for service connection fees.
Electrical Engineering
Division
54
Conditions of approval related to each of the timing milestones above shall
Planning and Building
be prominently displayed by the Owner/Developer on plans submitted for
Department,
permits. For example, conditions of approval that are required to be
Planning Services
complied with prior to the issuance of building permits shall be provided
Division
on plans submitted for building plan check. This requirement applies to
grading permits, final maps, street improvement plans, water and electrical
plans, landscape irrigation plans, security plans, parks and trail plans, and
fire and life safety plans, etc.
55
The Owner/Developer shall ensure the following:
Police Department
Addressing:
a. Each individual building and unit should be clearly marked with
its appropriate building number and address. These should be
positioned so they are easily viewed from vehicular and
pedestrian pathways throughout the complex. Main building
numbers should be a minimum height of 12" and illuminated
during the hours of darkness.
NO.
CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
b. Address numbers shall be positioned so as to be readily readable
from the street. Numbers should be illuminated during hours of
darkness.
c. 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 ground level.
56
The Owner/Developer shall ensure the following: Police Department
Lighting:
a. Monument signs and addresses shall be well lit during hours of
darkness.
b. Adequate lighting of parking lots and associated carports,
circulation areas, aisles, passageways, recesses, and grounds
contiguous to buildings shall be provided with lighting of
sufficient wattage to provide adequate illumination to make
clearly visible the presence of any person on or about the
premises during the hours of darkness and provide a safe, secure
environment for all persons, property, and vehicles on -site.
57
The Owner/Developer shall ensure the following: Police Department
Landscaping:
a. Landscaping shall be of the type and situated in locations to
maximize observation while providing the desired degree of
aesthetics. Security planting materials are encouraged along
fence and property lines and under vulnerable windows.
Shrubbery or ground cover should not generally exceed three
feet in height and tree branches should not descend below six
feet from the ground.
b. Trees should not be planted close enough to the structure to
allow easy access to the roof or should be kept trimmed to make
climbing difficult.
58
Vehicle deliveries including loading and unloading shall be performed Public Works
on site. Delivery vehicles shall not block any part of the public right of Department,
way. Traffic Engineering
Division
59
A valet parking operations plan, which includes the provision of free Planning and Building
parking for guest and workers of the hotel, shall be submitted to the Department,
Planning Services Division for review and approval by the City Traffic Planning Services
Engineer and Planning Director prior to issuance of a business license to Division
valet parking operator. Public Works
Department,
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
Traffic Engineering
Division
60
That ongoing during project operations, should the valet queue reach the
Public Works
public right of way, valet staff shall be positioned at the end of the on -site
Department,
queue near the entrance to take queuing vehicles directly into the valet
Traffic Engineering
parking garage. This measure shall be implemented for a short timeframe,
Division
as needed, until the queue dissipates.
61
That ongoing during project operations, should the valet queue
Public Works
encroach into the public right-of-way, the property owner/manager
Department,
shall revise the valet parking plan to mitigate this issue, to the
Traffic Engineering
satisfaction of the City Traffic Engineer.
Division
62
The facility shall operate in accordance with the Project Description
Planning and Building
submitted as part of the application. Any changes to the facility's operation
Department,
described in the Project Description shall be submitted by the
Planning Services
Owner/Developer/tenant/operator subject to review and approval by the
Division
Planning and Building Director to determine substantial conformance with
said letter and to ensure compatibility with the surrounding uses.
63
The property shall be developed substantially in accordance with plans
Planning and Building
and specifications submitted to the City of Anaheim by the applicant
Department,
and which plans are on file with the Planning Department and as
Planning Services
conditioned herein.
Division
64
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
Division
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
65
The Owner/Developer shall defend, indemnify, and hold harmless the
Planning and Building
City and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees") from any
Planning Services
and all claims, actions or proceedings brought against Indemnitees to
Division
attack, review, set aside, void, or annul the decision of the Indemnitees
concerning this permit or any of the proceedings, acts or determinations
taken, done, or made prior to the decision, or to determine the
reasonableness, legality or validity of any condition attached thereto.
The Applicant's indemnification is intended to include, but not be
limited to, damages, fees and/or costs awarded against or incurred by
Indemnitees and costs of suit, claim or litigation, including without
limitation attorneys' fees and other costs, liabilities and expenses
incurred by Indemnitees in connection with such proceeding.
NO. I CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
66 Prior to issuance of the first grading permit the Owner/Developer shall Planning and Building
submit evidence of its rights to possession to the property identified as Department, Planning
APN 234-161-26 including but not limited to its fee interest, Ground Services Division
Lease tenancy, or an assignment to the Ground Lease dated June 1,
2003, by and between Leedy Ying and Tina Ying Trust dated
September 11, 1991, and the Anaheim Redevelopment Agency.
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2024-020 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 27th day of February, 2024 by the following vote of the members thereof:
AYES: Mayor Aitken and Council Members Kurtz, Diaz, Faessel and Meeks
NOES: Council Members Leon and Rubalcava
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 28t' day of February, 2024.
CITY C ERK OF THE CITY OF ANAHEIM
(SEAL)