Resolution-PC 2003-153•
RESOLUTION NO. PC2003-153
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04739 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PORTION OF GILBERT RETARDING BASIN:
THAT CERTAIN LAND IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS PARCEL 1 IN THE FINAL JUDGEMENT OF
CONDEMNATION RECORDED OCTOBER 4, 1938 IN BOOK 957, PAGE 131 OF
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPT THAT PORTION DESCRIBED AS PARCEL 601-801.1 IN THE GRANT DEED
TO PACIFIC AMERICAN PROPERTIES, INC., RECORDED DECEMBER 14, 1972 IN
BOOK 10470, PAGE 1 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY
RECORDER.
ALSO EXCEPT THAT PORTION OF THE NORTH 365.40 FEET OF THE EAST 590 FEET
_ OF T_~iE NO.R.t.H.EAS..T_ .Q-UAR~E~i OF THE SOUTHEAST_ Q_UARTER- OF -SECT-lON 7,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS fN THE OFFICE OF SAID COUNTY RECORDER, LYING
WESTERLY OF THE WEST LINE OF SAID PARCEL B01-801.1.
ALSO EXCEPT THAT PORTION LYING SOUTHERLY OF A LINE THAT IS PARALLEL
AND CONCENTRIC WITH AND 39.50 FEET NORTHERLY FROM THE CENTERLINE OF
"ORANGE COUNTY FLOOD CONTROL CHANNEL" AS SHOWN ON A RECORD OF
SURVEY RECORDED IN BOOK 50, PAGES 43 AND 44 OF RECORDS OF SURVEY IN
THE OFFICE OF SAID COUNTY RECORDER.
PORTION OF CRESCENT RETARDING BASIN:
THAT CERTAIN LAND IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS PARCEL 2 IN THE FINAL JUDGEMENT OF
CONDEMNATION RECORDED OCTOBER 4, 1938 IN BOOK 957, PAGE 131 OF
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPT THAT PORTION LYING NORTHERLY OF A LINE PARALLEL AND
CONCENTRIC WITH AND 37.00 FEET SOUTHERLY FROM THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE CENTERLINE INTERSECTION OF BROOKHURST AVENUE
AND CRESCENT AVENUE (EASTERLY) IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SAID INTERSECTION IS SHOWN IN COUNTY SURVEYOR'S
TRANSIT BOOK 114, PAGE 27, ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR
OF SAID COUNTY ON NOVEMBER 20, 1957; THENCE NORTH 89° 57' 10" EAST
ALONG SAID CRESCENT AVENUE CENTERLINE, 1,591.73 FEET TO A POINT (SAID
POINT ALSO BEING DISTANT THEREON SOUTH 89° 57' 10" WEST, 1,069.59 FEET
FROM THE CENTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
cr\PC2003-153.doc -i - PC2003-153
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RANCHO SAN JUAN CAJON DE SANTA ANA AS SHOWN IN SAID TRANSIT BOOK 11,
PAGE 27); THENCE NORTH 0° 02' 50" WEST, 450.00 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT A, SAID POINT BEING THE BEGINNING OF A NON-
TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2,000.00
FEET (SAID COURSE BEARING NORTH 0° 02' S0" WEST BEING RADIAL TO SAID
CURVE); THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE WESTERLY LINE
OF SAID PARCEL 2 AND THE TRUE POINT OF BEGINNING; THENCE RETURNING
EASTERLY ALONG SAID CURVE TO SAID POINT A; THENCE NORTH 89° 57' 10"
EAST, 184.64 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF 125.00 FEET; THENCE NORTHEASTERLY ALONG SAID
CURVE, 124.42 FEET THROUGH A CENTRAL ANGLE OF 57° 01' 53"; THENCE NORTH
32° 55' 17" EAST, 5.84 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 2.
SAID PARALLEL AND CONCENTRIC LINE TO BE PROLONGED OR SHORTENED TO
TERMINATE ON THE WESTERLY AND NORTHEASTERLY LINES OF SAID PARCEL 2.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 17, 2003 at 1:30 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
18.03, 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.tbe__following fac3s: --------. .
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.21.050.270, 18.21.050.280 and 18.86.050 to wit: to establish a
private educational facility including an auditorium and accessory golfing facilities with the following
waiver:
Sections 18.06.050.020.025.0253 - Minimum number of parkinq spaces.
18.06.050.020.025.0255 (237 spaces required;
18.06.050.020.026.0262 99 sqaces proposed, and concurred with by the City Traffic and
18.06.050.020.026.0267 Transportation Manager)
1821.066.010
and 18.86.060
2. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the approved use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonable foreseeable
conditions of operation of the use. The Parking Needs Analysis section of the parking demand study
prepared by Albert Grover and Associates and dated August 28, 2003, concludes that 99 spaces
provided on site are adequate to address actual parking needs due to the operational characteristics of
the approved facility, which includes buses being the primary means of transporting students to and from
the site.
3. That the waiver, 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. The
City Traffic and Transportation Manager has determined that the proposed use will not create any
additional demand beyond the proposed number of spaces and the proposed project will not require the
use of on-street parking (no on street parking is allowed in the immediate vicinity of the project}.
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4. That the waiver, under the conditions imposed, will not increase the demand for parking
spaces upon adjacent private property in the immediate vicinity of the proposed use. Due to the
proposed operational characteristics of the facility (including utilizing bus transport for students to and
from area schools with staggered scheduling), adequate parking will be provided on-site. Furthermore,
there is no private property in the vicinity which allows public parking.
5. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for the approved use. As shown in the parking demand
study, the amount of parking demand forecast for the proposed use and the site is less than the supply
provided on site; and that traffic and parking congestion will not occur because the overall demand for
parking at the Learning Center is within the supply. The layout and design of the parking areas is such
that traffic congestion inside the parking areas will not present a problem when parking demand is equal
to or lower than the supply. The Crescent Avenue parking area will be limited to use by the Tiger Woods
Learning Center (`?WLC") staff, and ingress to the Gilbert Street parking area will be limited to the south
driveway with separate left and right hand turning lanes being provided for egress from the north
driveway. The utilization of bus transport for students from area schools will also eliminate traffic and
parking congestion within the off-street parking areas servicing the site.
6. That the waiver, 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.
The north driveway of the Gilbert Street parking area has been located so as to line up with the driveway
entrance to the Casa Hermosa Mobilehome Park on the west side of Gilbert Street thereby allowing
simultaneous left turn movements out of each driveway. Because of the driveway location and the
utilization of bus transport for students from area schools, the proposed use wilf not impede vehicular
_ ____ ingress or egress __......
7. That the proposed TWLC and associated golf facilities will not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located
based on the information submitted by the Petitioner, the conditions of approval, and the measures
identified in the Negative Declaration and Mitigation Monitoring Plan No. 121.
8. That the size and shape of the site for the proposed use is adequate to allow full
development of the TWLC for a maximum of 300 students in a manner not detrimental to the particular
area; that the submitted fetter of operation and parking demand study indicate that traffic generated by
the proposed use will not impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area: and that granting this conditional use permit, under the
conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens
of the City of Anaheim.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to establish a private educational facility including an
auditorium and accessory golfing facilities with waiver of minimum number of parking spaces on the
following two parcels: Parcel 1(a portion of the Gilbert Settling Basin) is an irregularly-shaped 83.28-acre
parcel located at the southeast corner of Crescent Avenue and Gilbert Street, having frontages of 2,290
feet on the south side of Crescent Avenue and 1,290 feet on the east side of Gilbert Street, and further
described as 520 North Gilbert Street, and Parcel 2(a portion of the Crescent Settling Basin) is an
irregularly-shaped 10.85-acre parcel having a frontage of 1300 feet on the north side of Crescent Avenue
and a maximum depth of 600 feet, being located 510 feet east of the centerline of Valley Street, and
further described as 2045 West Crescent Avenue; and does hereby approve the Mitigated Negative
Declaration 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.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions 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:
That a maximum of three hundred (300) students shall be allowed within the facility at any one time,
or such other number of students as may be approved by the City Traffic and Transportation
Manager and confirmed by an updated parking study.
2. That the hours of operation for the facility shall be limited to 7:00 a.m. to 7:00 p.m., Monday through
Friday, except for special events and activities. Special events or activities shall be allowed 7 days a
week and shall limited to no later than 12:00 o'clock midnight.
3. That the parking lots serving the premises shall be equipped with decorative lighting of sufficient
power to illuminate and make easily discernabfe the appearance and conduct of all persons on or
about said parking lots. Said lighting shall be directed, positioned and shielded in such a manner so
as not to unreasonably illuminate the window areas of nearby residences. Prior to issuance of
building permits, photometric plans shall be submitted to the Anaheim Police Department for review
and approval.
4. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
5. That final landscaping and sign plans for the Crescent and Gilbert Basins shall be submitted to the
Zoning Division of the Planning Department for review and approval. Any decision by the Zoning
Division may be appealed to the Planning Commission as a`Reports and Recommendations' item.
6. That detailed parking plans for the Crescent Basin parking area shall be submitted to the Zoning
Division for review and approval. Any decision by the Zoning Division may be appealed to the
Planning Commission as a`Reports and Recommendations' item.
7. That all roof-mounted equipment shall be completely screened from view from Crescent Avenue and
Gilbert Street. Screening shalf be incorporated into the architecture of the building. Said information
shall be shown on the plans submitted for building permits.
8. That the final landscaping plans shall specify retention of all mature landscaping that is not impacted
by construction of the new buildings, and the size and number of both the retained and the proposed
landscaping. All replacement trees shall be minimum twenty four (24) ineh box sized. Said
information shall be shown on the plans submitted for building permits.
9. That final building plans for the accessory buildings proposed at the Crescent and Gilbert Basins
shall be submitted to the Zoning Division for review and approval. Any decision by the Zoning
Division may be appealed to the Planning Commission as a`Reports and Recommendations' item.
10. That prior to issuance of any special event permits associated with this facility, the written approval
of the Director of Community Services or his/her designee shall be submitted to the Zoning Division.
11. That all activities shall comply with all the conditions and restrictions contained in the agreement
between the Tiger Woods Foundation and the Ciry of Anaheim. At such time as the agreement may
be amended, the Petitioner shall, as appropriate, comply with any amended conditions or
restrictions.
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12. That before any project permits are issued, an agreement between the Tiger Woods Foundation and
the City of Anaheim shall be executed. Said agreement shall pertain to all aspects of the project
including the modifications to the Dad Miller Golf Course and driving range relocation, the Learning
Center construction, and resolution of the issues pertaining to the Crescent Basin development.
13. That no Tiger Woods Learning Center ("TWLC"} permits (including for demolition and/or relocation)
shall be issued at the existing Dad Miller driving range until the new range is constructed, accepted
by the City, and placed into operation.
14. That all eighteen (18) holes of the golf course shall remain open and playable during construction of
the TWLC and the Dad Miller golf course modifications. Playability shall be determined by the
Director of Communiry Services.
15. That no permits for construction of the TWLC shall be issued until the City of Anaheim has approved
a set of plans for the Golf Course modification project. Said plans shall be approved by the Director
of Community Services.
16. That the location of construction staging areas shall be subject to review and approval by the
Director of Community Services.
17. That no Dad Miller modification/construction shall begin prior to receipt of an approved Proposition
12/Roberti-Z'Berg-Harris grant from the State of California.
18. That prior to grading plan approval, the Petitioner shall prepare Pedestrian and Bicycle Circulation
Plan(s_)_for bicycle and sidewalk access along_Gilbe.rt. Street.and._Cr_es.ce.nt..Avenue adjaceni to the
TWLC. Said plans shall submitted to the City Engineer and the City Traffic and Transportation Manager
for review and approval.
19. That the Petitioner shall use best efforts to assist the City in working with the County of Orange to
acquire an irrevocable offer to dedicate to the Ciry of Anaheim an easement for a five (5) foot wide
sidewalk and five (5) foot wide parkway along Crescent Avenue at Gilbert Street. Said easement
shal4 be triangular in shape (approximately one hundred forty (140) feet long by five (5) feet wide)
beginning at the intersection curb return and terminating at the fence line located ten (10) feet
behind the existing curb.
20. That the Petitioner shall prepare street improvement plans to construct a five (5) foot wide sidewalk and
five (5} foot wide parkway along the full length of the projecYs frontage along Crescent Avenue at the
Gilbert Basin. Plans shall be submitted to the Public Works Department, Development Services
Division, and a bond shall be posted to guarantee that Crescent Avenue shall be improved in
accordance with Public Works Standard Detail 101-E as approved by the City Engineer. The
improvements shall be constructed prior to final building and zoning inspection.
21. That the County of Orange shall irrevocably offer to dedicate to the City of Anaheim an easement for
road and other public purposes for the proposed bus bay, parkway and sidewalk improvements along
Gilbert Street.
22. That the Petitioner shall prepare street improvement plans to construct a four (4) foot wide sidewalk and
eight (8) foot wide parkway along the full length of the project's frontage along Gilbert Street at the
Gilbert Basin. Said improvements shall include a bus bay, ten (10) foot wide sidewalk and six (6) foot
wide bicycle trail adjacent to the TWLC. The plans shall be submitted to the Public Works Department,
Development Services Division, and a bond shall be posted to guarantee that Gilbert Street shall be
improved in accordance with Public Works Standard Detail 101-E and as approved by the City
Engineer. The improvements shall be constructed prior to final building and zoning inspections.
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23. That prior to construction of improvements for the `6-hole par three' course at the Crescent Settling
Basin, the Petitioner shall prepare street improvement plans to construct curb and gutter along the
full length of the projecYs frontage along Crescent Avenue. Street improvement plans for the
proposed improvements including the transition to existing conditions shalf be submitted to the
Public Works Department, Development Services and Traffic Engineering Divisions, for review and
approval. Any decision regarding street improvement plans may be appealed to the Planning
Commission as a`Reports and Recommendations' item. The improvements shall be constructed
prior to final building and zoning inspection.
24. That the Petitioner shall submit a Project Water Cluality Management Plan ("Project WQMP") to the
Public Works Department, Development Senrices Division, for review and approval, which:
• 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 ("DAMP").
• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control
BMPs.
•- --Pdentifiesthe-entiiq-that-wilf be responsibte for tong=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.
25. That prior to issuance of a certificate of occupancy, the Petitioner shall:
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the Petitioner is prepared to implement all non-structural BMPs described in the
Project WQMP.
• Demonstrate that an adequate number of copies of the approved Project WQMP are available
onsite.
• Submit an Operation and Maintenance Plan for all structural BMPs to the City for review and
approval.
26. That prior to grading plan approval, the Petitioner shall demonstrate that coverage has been obtained
under California's General Permit for Stormwater Discharges Associated with Construction Activity by
providing a copy of the Notice of Intent ("NOI") 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. The Petitioner shall prepare and implement a Stormwater Pollution Prevention Pfan
("SW PPP"). A copy of the current SW PPP shall be kept at the project site and shall be available for City
review on request.
27. That parkway landscaping and irrigation between the sidewalk and the curb shall be installed along
Crescent Avenue and Gilbert Street with parkway irrigation tied into the on-site irrigation system and
maintained by the Petitioner. Prior to plan approval, a bond shall be posted with the City in an amount
approved by the Ciry Engineer and in a form approved by the Ciry Attorney. The improvements shall be
constructed prior to issuance of a certificate of occupancy.
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28. That the sanitary sewers and storm drains within the development shall be privately maintained.
29. That the City of Anaheim sewer connection fee shall be.paid. The current fee is three hundred fifty
dollars per acre ($350/acre).
30. That the Petitioner shall pay a Sewer Capacity Mitigation Fee for the West Anaheim Area. Based on
conclusions prepared in the Combined West Anaheim Area Master Plan of Sanitary Sewers, First
Revision dated June 2002, a fair and equitable assessment system was established to assess
appropriate fees based on land use classifications specific to the proposed development. The current
fee for commercial development is forty six dollars per one thousand square feet ($46/1,000 sq.ft.).
31. That the Petitioner shall obtain a Clean Water Act Section 404 permit from the United States Army
Corps of Engineers and a Streambed Alteration Agreement from the California Department of Fish
and Game.
32. That the Petitioner shal4 contact the California Regiona4 Water Quality Control Board (Santa Ana
Region) to determine if either basin is to be considered waters of the State requiring compliance with
Section 13260 of the California Water Code (Porter/Cologne).
33. That appropriate Best Management Practices ("BMPs") shall be developed and implemented to the
satisfaction of the Public Works Department, Development Services Division, to control the
discharge of pollutants both during construction and for the life of the project. Construction BMPs
shall address, among other things, tracking and blowing of soil materials and construction debris into
s#Fg~ts,--and-nat~ral and man-Knade-watec.conveyances. .Pos~con~tcuction BMPs shall addcess all
pollutant loads carried by dry weather runoff and first flush storm water runoff from the entire project.
34. That no waste material shall be discharged to any drainage areas, channels, streambeds, or
streams. Spoil sites shall not be located within any streams or areas where spoil material could be
washed into a water body. BMPs shall be deployed around spoils at all times.
35. That a National Pollutant Discharge Elimination System ("NPDES") permit for any discharge of
wastes to surface waters, or Waste Discharge Requirements for any discharge of wastes to lar~d,
shall be obtained as required by the California Water Code.
36. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
37. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and
602 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
38. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically
shown on the plans submitted for building permits.
39. That the curb returns on the east side of Gilbert Street and south side of Crescent Avenue shall be
modified to provide for bus turning movements to and from Crescent Avenue. Said information shall
be specifically shown on the plans submitted for building permits.
40. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular traffic on the adjacent public street. Installation of any new gates shall conform to
Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic
and Transportation Manager.
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41. That the existing striping on Gilbert Street between Crescent Avenue and the south driveway for the
site shall be modified to provide for a two way left turn lane or left turn lanes for the driveways. The
striping shall be modified to comply with approved plans prior to issuance of a building permit or as
required by the City Engineer.
42. Intentionally deleted at the November 17, 2003 Planning Commission public hearing.
43. That prior to application for water meters or fire lines or submittal of water improvement plans for
approval, the Petitioner shall submit an estimate of the maximum fire flow rate and maximum day
and peak hour water demands for the project to the Public Utilities Department, Water Engineering
Division.
44. That the water backflow equipment shall be located above ground and outside the street setback
area in a manner fully screened from all public streets. Any other large water system equipment
shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or
outside the street setback area in a manner fully screened from all public streets. Said information
shall be specifically shown on plans submitted to the Water Engineering and Cross Connection.
Inspector for review and approval prior to issuance of building permits.
45. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services or fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
46. That the legal property owner shall provide the City of Anaheim (Electrical Engineering Division) with
---- an easement to be de~ermined as elec-trisa4-desigr~ is-completed ~or- ~IectriEa4 service-lines. Said
easement shall be submitted to the City of Anaheim prior to connection of electrical service.
47. That any required relocation of City electrical facilities shall be at the developer's expense.
Landscape and/or hardscape screening of all pad-mounted equipment shal! be required.
48. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plants such as minimum one (1 } galton sized
clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be
specifically shown on the plans submitted for building permits.
49. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and approval.
50. That on-site trash truck turn around area(s) shalk be provided in compliance with Engineering
Star~dard Detail No. 610 and as required by the Streets and Sanitation Division. Said information
shall be specifically shown on the plans submitted for building permits.
51. That plans submitted for building permits shall designate the area(s) for trash truck turn-around(s)
and shall specify that `No Parking' signs shall be posted in the designated area(s).
52. That the Petitioner shalk file an Emergency Listing Card, Form APD-281, with the Anaheim Police
~epartment
53. That four (4) foot high street address numbers shall be displayed on the roof of the building(s) in a
contrasting color to the roof material. The numbers shall not be visible to adjacent streets or
properties. Said information shall be specifically shown on the plans submittect for building permits.
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54. That the developer shall be responsible for compliance with all mitigation measures within the
assigned time frames and any direct costs associated with Mitigation Monitoring Plan No. 121,
attached hereto, as established by the City of Anaheim and as required by Section 21081.6 of the
Public Resources Code to ensure implementation of those identified mitigation measures.
55. That 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 Nos. 1 through 9, and as conditioned herein.
56. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 3, 5, 6, 7, 8, 9, 12, 13, 15, 16, 17, 18, 19, 2d, 21,
22, 23, 24, 26, 27, 29, 30, 31, 32, 33, 35, 37, 38, 39, 41, 43, 44, 46, 48, 49, 50, 51, 53 and 59,
herein-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use
Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim
Municipal Code.
57. That prior to final building and zoning inspections, Condition Nos. 20, 22, 23, 25, 27, 52 and 55,
above-mentioned, shall be complied with.
58. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipai 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.
59. That the Petitioner shall acquire from the County of Orange an irrevocable offer to dedicate to the
City of Anaheim an easement along and across the primary cable underground and around the pad-
mounted transformer.
60. That Tiger Woods Learning Center staff shall be present when students are being loaded and/or
unloaded at the bus turnout area proposed on the east side of Gilbert Street adjacent to the
Learning Center.
61. That the Petitioner shall provide an updated parking study to the City of Anaheim within one (1) year
from the commencement date of the activity herein approved to determine the parking demand,
including busing for the Tiger Woods Learning Center and the impact to the surrounding area.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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 granting of the waiver of minimum number of parking
spaces shall be deemed contingent upon operation of the approved use in conformance with the
assumptions relating to the operation and intensity of the use as contained in the parking demand study
that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating
from any of said assumptions as contained in the parking demand study shall be deemed a violation of
the express conditions imposed upon said waiver which shall subject the waiver to termination or
modification pursuant to the provisions of Sections 18.03.091 (Termination or Modification of
Amendments, Conditional Use Permits or Variances - Procedure) and 18.03.092 (Termination or
Modification of Conditional Use Permits or Variances - Grounds) of the Anaheim Municipal Code.
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THE FOREGOING RESOLUTION was adopted at the P{anning Commission meeting of
November i 7, 2003. ~
~~ ~ ~ ~ ~~~
ERSON, ANAHEIM CITY PL NING COMMISSION
ATT
S~NIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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 November 17, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: BOSTWICK
ABSENT: COMMISSIONERS: FLORES
N W ITNESS W HEREOF, I have hereunto set my hand this ~~/~ day of __..___ ______.
, 2003.
NfOR SECRETARY, ANAHEIM CITY PLANNING COMMfSSION
Attachment: Mitigation Monitoring Plan No. 121
-10- PC2003-