Resolution-PC 2005-108• .
RESOLUTION NO. PC2005-108
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THATPETITION FOR CONDITIONAL USE PERMIT NO. 2005-04967BE GRANTED
`(2100 and 2110 EAST KATELLA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County ofOrange, State of California,
described as:
PARCEL A:
THAT PORTION OF LOT 5, TRACT 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22' OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS: :
BEGINNING AT THE SOUTHWEST CORNER OF SAID LAND CONVEYED TO MAURICE E.
BIVENS, BY DEED RECORDED JUNE 17, 19271N BOOK 62, PAGE 45, OFFICIAL RECORDS:
OF ORANGE COUNTY, CALIFORNIA SAID $OUTHWEST CORNER BEING ON THE
- CENTERLINE OF THE 60.00 FOOT ROAD ALONG THE WESTERLY LINE OF LOTS 4 AND 5
OF SAID TRACT; NOW KNOWN AS PLACENTIA AVENUE; THENCE SOUTH 89° 59' 15" EAST
ALONGTHE SOUTH LINE OF SAID LAND OF BIVENS, 748.00 FEET TO THE SOUTHEAST
CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO KAYCO
CORPORATION RECORDED DECEMBER 20, 1962 W BOOK 6367, PAGE 591 OF SAID
OFFICIAL RECORDS; THENCE NORTH 0° 08' 00" WEST ALONG THE EAST LINE OF SAID
LAND OF KAYCO CORPORATION TO ITS INTERSECTION WITH A CURVE WHICH IS ;
CONCENTRIC WITH AND DISTANT 60.00 FEE7 SOUTHEASTERLY FROM THE CURVED
CENTERLINE OF KATELLAAVENUE, 60.00 FEET IN WIDTH, AS DESCRIBED IN DECREE-0F
CONDEMNATION RECORDED JULY 8, 1960 IN BOOK 5321, PAGE 397 OF SAID OFFICIAL
RECORDS, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING OF
THE BOUNDARY OF THE LAND DESCRIBED HEREIN; THENCE SOUTH 0° 08' 00" EAST
ALONG THE EAST LINE OF SAID LAND OF KAYCO CORPORATION, 302.00 FEET; THENCE
NORTH 89° 59' 15" WEST PARALLEL WITH THE SOUTH LINE OF SAID LAND, 125.50 FEET;
THENCE NORTH 0° 08' 00" WEST PARALLEL WITH THE EAST LINE OF SAID LAND, 267.00
FEET TO THE INTERSECTION WITH SAID CURVE WHICH IS CONCENTRIC WITH, AND
DISTANT 60.00 FEET SOUTHEASTERLY FROM SAID CENTERLINE OF KATELLA AVENUE;
THENCE NORTHEASTERLY ALONG SAID CURVE TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS CONVEYED TO THE CITY OF ANAHEIM BY
DEED RECORDED FEBRUARY 7, 2001 AS INSTRUMENT NO. 20010069995, OF OFFICIAL
RECORDS.
PARCEL B:
THAT PORTION OF LOTS 4 AND 5 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10,
PAGE' 22, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT ON THE SOUTH LINE OF THE LAND CONVEYED TO MAURICE
E. BIVENS, BY DEED RECORDED JUNE 17, 1927 IN BOOK 62, PAGE 45, OFFICIAL
RECORDS OF SAID ORANGE COUNTY, DISTANT SOUTH 89° 59' 15" EAST 748.00 FEET
FROM THE SOUTHWEST CORNER~OF SAID LAND (SAID SOUTHWEST CORNER BEING ON
THE CENTERLINE OF THE 60.00 FOOT ROAD, NOW KNOWN AS PLACENTIA AVENUE,
ALONG THE WESTERLY LINE OF SAID LOTS 4 AND 5); THENCE FROM SAID POINT OF
BEGINNING, NORTH 0° 08' 00" WEST PARALLEL WtTH THE WESTERLY LINE OF SAID
, LOTS 4 AND 5, A DISTANCE OF 595:06 FEET TO THE CENTERLINE' OF KATELLA AVENUE .
60.00 FEET WIDE; AS DESCRIBED IN DECREE OF CONDEMNATION RECORDED JULY 8,
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' 1960 IN BOOK 5321, PAGE 397 OF SAID OFFICIAL RECORDS; THENCE SOUTHWESTERLY '
ACONG SAID CENTERLINE, ALONG THE ARC OF A CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 1000.00 FEET FROM TANGENT WHICH BEARS SOUTH 70° 38' 28"
WEST THROUGH A CENTRAL ANGLE OF 18° 17' 32" A DISTANCE OF 319.26 FEET TO THE
EASTERLY LINE OF=THE LAND CONVEYED TO RANDALL RAY BIVENS AND WIFE, BY
DEED RECORDED IN BOOK 5285, PAGE 252, OF SAID OFFICIAL RECORDS; THENCE
SOUTH 0° 08' 00" EASTALONG SAID EASTERLY LINE 538.52 FEET TO SAID SOUTH LINE
OF THE LAND CONVEYED TO MAURICE E. BIVENS; THENCE SOUTH 89° 59' 15" EAST
ALONG SAID SOUTH LINE, 313.00 FEET TO THE POINT OF BEGINNING.
EXCEPTINGTHEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LAND CONVEYED TO MAURICE E.
BIVENS, SAID SOUTHWEST CORNER BEING ON THE CENTERLINE OF THE 60.00 FOOT
ROAD ALONG THE WESTERLY LINE OF LOTS 4 AND 5 OF SAID TRACT, NOW KNOWN AS
PLACENTIA AVENUE; THENCE SOUTH 89° 59' 15" EAST ALONG'THE SOUTH LINE OF SAID
LAND OF BIVENS, 748.00 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED .
IN PARCEL 1 OF THE DEED TO KAYCO CORPORATION RECORDED DECEMBER 20, 1962
IN BOOK 6367; PAGE 591, OF SAID OFFICIAC RECORDS; THENCE NORTH 0° 08' 00" WEST
ALONG THE EAST LINE OF SAID LAND OF KAYCO CORPORATION`TO ITS INTERSECTION
WITH A CURVE WHICH IS CONCENTRIC WITH 'THE DISTANT '60.00 FEET
SOUTHEASTERLY FROM THE CURVED CENTERLINE OF KATELLA AVENUE, 60.00 fEET
IN 1NIDTH, AS DESCRIBED IN DECREE OF CONDEMNATION RECORDED JULY 8, 1960 IN
BOOK 5321, PAGE 397, OF SAID OFFICIAL RECORDS, SAID POINT OF INTERSECTION
BEING THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND' DESCRIBED
HEREIN; THENCE SOUTH 0° 08'-00" EAST ALONG THE EAST LINE OF SAID LAND OF
KAYCO CORPORATION, 302.00 FEET; THENCE NORTH 89° 59' 15" WEST PARALLEL WITH
THE SOUTH LINE OF SAID LAND, 125.50 FEET; THENCE NORTH 0° 08' 00" WEST
- PARALLEL WITH THE EAST LINE OF SAID LAND, 267.00 FEET, TO THE INTERSECTION
WITH SAID CURVE WHICH IS CONCENTRIC WITH, AND DISTANT 60.00 FEET
SOUTHEASTELRY FROM SAID CENTERLINE OF KATELLA AVENUE; THENCE
NORTHEASTERLY ALONG SAID CURVE TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 5 DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF LAND CONVEYED TO
KAYCO PLAZA PARTNERS PER GRANT DEED RECORDED AS INSTRUMENT NO.
19960377825, OFFICIAL RECORDS OF SAID ORANGE COUNTY WITH A CURVE WHICH IS
CONCENTRIC WITH AND DISTANCE 60.00 FEET SOUTHEASTERLY FROM THE CURVED
CENTERLINE OF KATELLA AVENUE, A RADIAL THROUGH SAID POINT BEARS SOUTH 00°
07' 37" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 1060.00 FEET THROUGH A CENTRAL ANGLE OF
10° 12' 14", A DISTANCE OF 188.78 FEET TO A POINT ON THE WESTERLY LINE OF :
EXCEPTION TO THE LAND CONVEYED TO KAYCO PLAZA PARTNERS PER GRANT DEED
RECORDED AS INSTRUMENT NO. 19960377825, OFFICIAL RECORDS OF SAID COUNTY;
THENCE SOUTH 00° 45' 13" WEST 12.23 FEET ALONG THE SAID WESTERLY LINE TO A
POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
1072.00 FEET, A RADIAL THROUGH SAID POINT BEARS SOUTH 10° 12' 19" EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 05' 17" A
DISTANCE OF 188.75 FEET TO SAID WESTERLY LINE OF LAND CONVEYED TO KAYCO
PLAZA PARTNERS; THENCE NORTH 00°45' 13" EAST 12.00 FEET ALONG THE SAID
WESTERLY LINE TO THE POINT OF BEGINNING, AS CONVEYED TO THE CITY OF
ANAHEIM IN DEED RECORDED APRIL 24, 2001 AS INSTRUMENT NO. 20010245967,
OFFICIAL RECORDS.
- WHEREAS, the Planning Commission did hold a pubiic hearing at the Civic Center in the
City of Anaheim on July 25, 2005 at 2:30 p.m:, notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
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"Procedures", to hear and consider evidence #or 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: That the proposed modification of setbacks along Katella Avenue and the proposed private
street to construct a 251-unit mixed use residential condominium project including a 7,397 square foot
restaurant with sales of alcoholic 6everages for on-premises consumption and 2,367 square feet of retail are
properly ones for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos.
18.20.030.010 and 18.20.090.050.
2. That the proposed use 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 proposed project is compatible
with existing and surrounding land uses and that the minor deviations from the Code would still achieve a
project with architecturally enhanced elevations and layered landscaping, and further provide a project that is
compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle
; Master Land Use Plan (PTMLUP).
3. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to health and safety.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
sfreets and highways designed and improved to carry the traffic in the area as the proposed project has been
analyzed in a Traffic Impact Study dated June, 2005, reviewed and approved by the City Traffic and
Transportation Manager and that the required infrastructure improvements along the adjacent streets will be
constructed in connection with the project.
5. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
6. That no one indicated their presence at said public hearing in opposition; and that a letter
from the State of Cafifornia, Department of Transportation was received regarding traffic related studies, and
a letter from the Anaheim City School District was received regarding the student generation rate for the
subject project.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed Conditional Use Permit No. 2005-04967 - to modify setbacks along Katella
Avenue and the proposed private street to construct a 251-unit mixed use residential condominiumproject
including a 7,397 square foot restaurant with sales of alcoholic beverages for on-premises consumption and
2,347 square feet of retail in conjunction with General Plan Amendment Na 2005-00435 - to amend the land
use element of the General Plan to increase the maximum square footage of commercial uses in the Katella
District of the Platinum Triangle, Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous
Permit No. 2005-00113) - to amend the Platinum Triangle Master Land Use Plan to increase the maximum
permitted square footage of commercial uses in the Katella District, Zoning Code Amendment No. 2005-
00044 - to amend the Platinum Triangle Mixed Use Overlay Zone to increase the maximum permitted square
footage of commercial uses in the Katelta District, Tentative Tract Map No. 16800 - to establish a 1-lot, 251-
unit airspace attached residential condominium subdivision and Development Agreement No. 2005-00004 -
to adopt a Development Agreement between the City of Anaheim and Western Pacific Housing for a 251-unit
residential condominium mixed use project with 9,764 square feet of commercial and restaurant uses; and
did find and determine, by motion, pursuant to the provisions of the California Environmental Quality Act
("CEQA"), based upon its independent review and consideration of an Initial Study conducted pursuant to
CEQA for the Development Agreement, and the requirements of CEQA, including Section 21166 of the
California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at
the public hearing, that FEIR No. 330 previously certified by the City Council for the Amended General Plan
and related projects, together with the Updated and Modified Mitigation Monitoring Program No. 106 for The
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Platinum Triangle, and a Mitigated NegativeDeclaration for theProposed Conditional Use Permit and the
Proposed Project, together with Mitigation Monitoring Program No. 130, are adequate to serve as the
required environmental documentation for this Conditional Use Permit and satisfy all of the requirements of
CEQA, and that no further enVironmental documentation need be prepared for this Conditional Use Permit.
NOW, THEREFORE, BE 1T RESOLVED that the Anaheim 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:
TRAFFIC ENGINEERING
1. That prior to issuance of building permits, plans shall be submitted to the City Traffic and Transportation
Manager for his review and_ approval showing conformance with the current version of Engineering '
Standard Plan Nos. 402, 436, 470, 471 and 475 pertaining to parking standards and driveway locations.
Subject property shall thereupon be developed and maintained in conformance with said plans.
2. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
3. That prior to issuance of building permits, all vehicular ramps and grades shall conform to Engineering
Standard Plan No. 402, and be approved by the City Traffic and Transportation Manager. Said
information shall be specifically shown on the plans submitted for building permits.
4. That prior to issuance of building permits, plans shall be submitted to the City Traffic and Transportation
Manager for his review and. approval in conformance with #he Engineering Standard Na 115 pertaining
to sight distance visibility for the wallffence location.
5. That prior to issuance of building permits, all internal streets shall be posted with "No Stopping Any
Time" including the Katella Avenue frontage.
6. That prior to issuance of building permits, the proposed loading and unloading on private streets shall
comply with Engineering Standard Plan No. 474. Said information shall be specifically shown on plans
submitted for building permits.
7. That prior to the building occupancy, the developer shall design and construct dual eastbound left-turn
lanes or extend the single left-tum lane as required by the City, at the Katella Avenue and Sportstown
intersection.
8. That prior to building occupancy, the developer shall provide traffic signal modification plans and
reconstruct the signal for the Katella Avenue and Sportstown intersection. The plan shall depict
modifications needed due to the widening of Katella Avenue at the southeast quadrant of the
intersection as well as introduction of dual eastbound left-turn lane or extension of the left turn lane.
Construction improvements shall be completed prior to building occupancy or as approved by the City
Engineer.
9. That prior to issuance of building permits, signs shall be posted indicating no on-street parking shall be
allowed on the adjacent streets except where designated turn-out areas are provided for loading and
unloading. Such signs shall be shown on plans submitted for the review and approval of the City Traffic
and Transportation Manager.
10. That prior to issuance of building permits, installation of any gates shall conform to the Engineering
Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and
Transportation Manager prior to the issuance of the first building permit.
11. That prior to issuance of building permits, all driveways to the project site shall be constructed with ten
(10) foot radius curb retums as required by the City Engineer in conformance with Engineering
Standard No. 115. Said information shall be specifically shown on plans submitted for building permits.
12. That prior to issuance of building permits, assigned parking spaces shall be provided for each
residential unit. Said information shall be specifically shown on plans submitted for building permits.
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13. That prior to issuance of building permits, visitor parking spaces shall be posted, "No Overnight Parking,
Except byPermission of the Management." Said information shall be specifically shown on plans
submitted for building permits.
- STREETS AND SANITATION
14. That prior to issuance of building permits, plans shall be submitted providing a separate Knox box for
the trash truck at each applicable gate entrance:
15. That between the hours of 7 a.m. and 5 p.m. that a minimum horizontal clearance of 14 feet shall be
maintained on the ground floor parking structure to allow access for the trash bin retrieval vehicle. Said
information shall be specificaiiy shown on plans submitted for building permits.'
16. That prior to issuance of building permits, the proposed development shall submit a final written solid
waste management plan signed by the property owner to the Streets and Sanitation Division of the
Public Works Department for review and approval. The property owner shall then operate in
accordance with the approved written solid waste management plan, as it may be modified from time to
time subject to written approval by the Director of Public Works. Said solid waste management plan
shall be referred to in the Maintenance Covenant which is recorded for the property.
17. 7hat prior to issuance of building permits, trash storage areas and trash chutes shall be provided and
maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division `
and in accordance with exhibits approved in conjunction with this Conditional Use Permit, on file with
the Planning Department. Said information shall be specifically shown on plans submitted forbuilding
permits.
18. That prior to issuance of building permits, an on-site trash truck turn-around area shall be provided per
Engineering Standard Detail No. 476, or a cul-de-sac layout for the private street shall be provided per
Engineering Standard Detail No. 168 and maintained to the satisfaction of the Public Works
' Department, Streets and Sanitation Division. Said turn-around area orcul-de-sac shall be specifically
shown on plans submitted for building permits.
WATER ENGINEERING
19. That prior to issuance of building permits, a private water system with separate water service for fire
protection and domestic water shall be provided. Said information shall be shown on plans submitted
for building permits.
20. That individual water service and/or fire line connections shall be required for each parcel and/or
residential and commercial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and
Regulations.
21. That prior to issuance of building permits, all backflow equipment shall be located above ground outside
of the street setback area except as permitted by conditional use permit in a manner fully screened from
all public streets and alleys. Any backflow assemblies currently installed in a vault shall be 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 except as permitted by. conditional
use permit in a manner fully screened from all public streets and alleys. Said information shall be
specifically shown on plans submitted for approval by the Water Engineering Division of the Public
Utilities Department.
22. That all requests for new water senrices or fire lines, as well as any modification, relocation, or
abandonment of existing water services and fire lines, shall be coordinated through and reviewed for
approval by the Water Engineering Division of the Public Utilities Department.
23. That prior to issuance of building permits, because this project has a landscaping area exceeding 2,500 :
square feet, a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349
and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on
plans submitted for building permits.
24. That prior to issuance of building permits, all existing water services shall conform to current Water
Utility Standards on file in the Water Engineering Division of the Public UtilitiesDepartment, Any -
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existing water services that are not approved by the Utility for continued use shall be upgraded to
current standards, or abandoned,by the property owner/developer. The owner/developer shall be
responsible for the costs to upgrade or abandon any water serVice or fire line.
25. That prior to issuance of building permits, the legal property owner shall irrevocably offer to dedicate to
the City of Anaheim an easement twenty (20) feet in width for water service mains and/or an easement
for above ground large meters and other public water facilities to the satisfaction of the Water
Engineering Division of the Public Utilities Department'! Backflow devices and large meters shall be
located above ground and properly screened. Such information shall be specifically shown on plans
submitted for building permits.
26. That prior to issuance of building permits, or submittal of water improvement plans, the property
owner/developer shall submit a water system master plan, including a hydraulic distribution network
analysis, to the Water Engineering Division of the Public Utilities Department for review and approval.
The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the
project's water demands and fire protection requirements.
27. That prior to issuance of building permits or application for wafer meters, fire lines or submitting the
water improvement plans for approval, the property owner/developer shall submit to the Water
Engineering Division of the Public Utilities Department, an estimate of the maximum fire flow rate and
maximum day and peak hour water demands for the' project. This 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 Na 15A.6 of
the Water Utility Rates, Rules, and Regulations.
28. That prior to issuance of building permits or rendering water service, the property owner/developer shall
submit a set of improvement plans for Public Utilities Department, Water Engineering Division, review
and approval in determining the conditions necessary for providing water service to the project.
29. That prior to issuance of building permits, a minimum clearance of ten (10) feet shall be provided
between the water and sewer line and that the water line shall be a minimum of 5 feet from the curb
line. Said information shall be specifically shown on plans submitted for review and approval by the
Public Utilities Water Engineering Division.
PUBGC WORKS
30. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works
Department, Development Services Division for review and approval a Water Quality Management Plan ;
that:
^ 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.
^ {ncorporates 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, identifies the responsible parties,
and funding mechanisms for the Treatment Control BMPs.
^ Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs.
^ Describes the mechanism for funding the long-term operation and maintenance of the Treatment
Control BMPs.
31. That all grading shall conform to the requirements of Chapter 17.04 of the Anaheim Municipal Code.
Grading plans shall be submitted to the Department of Public Works, Development Services Division for
review and approvaL
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32. That prior to issuance of building permits, the developer shall submit street, sewer and landscape
improvement plans for the public improvements along Katella Avenue and the private street to the
Public Works Department, Development Services Division. A bond shall be posted in an amount
approved by the City Engineer and a form approved bythe City Attorney prior to issuance of a building
' permit or plan approval whichever occurs first. A Right-of-Way Construction Permit shall be obtained
from the Development Services Division for all work performed in the right-of-way. The improvements
shall be constructed prior to certificate of occupancy.
33. That all private streets, private sewers and private storm drains shall be privately maintained.
34. That prior to issuance of a building permit, the City of Anaheim Supplemental Sewer Impact fee shall be
paid. The fee is currently $430/ 1,000 GSF for building floor area developed between the 0.4 and the .
1.0 floor area ratio developments.
35. 'That prior to approval of the grading plan, the City of Anaheim Drainage lmpact Mitigation Fee shall be
paid. The fee,is currently $35,000/ net acre. Credit will be applied for the current development. The
project architect or engineer shall document the existing impervious area and the proposed impervious
area. If the impervious area remains the same or decreases, no fee is due. If the impervious area
increases, the fee will be proportional to the increase.
36. That prior to issuance of a building permit, the City of Anaheim Arterial'Highway
beautification/aesthetics impact fee shall be paid. The fee is currently $12,500/ gross acre.
37. That prior to issuance of building permits, vehicular access rights to Katella Avenue except at street'
intersections, shall be relinquished to the City of Anaheim. Said information shall be specifically shown
on plans submitted for building permits.
38. That prior to issuance of building permits, the legal owner of this property,shall irrevocable offer to
dedicate to the City of Anaheim easements for emergency, public utility and other public purposes for
the fire access along the west property line, over the private street to the westerly curb and gutter.
39. That prior to issuance of building permits, the legal owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim easements for street, public utility and other public purposes for Katella
Avenue to the ultimate right-of-way and a corner cut-off at Katella Avenue and Sportstown. "
40. That prior to issuance .of building permits, the developer shall acquire the necessary dedications from
the adjacent property owner for the other portion of the Fire Access outside the tract boundary to be
irrevocably offered for dedication to the City of Anaheim an easement for emergency, public utility and
other public purposes.
41. That a drainage report shall be submitted to the Subdivision Section for review and approval prior to
grading plan approvaL
42. That all connections to the Orange County Flood Control District (OCSD) channel shall be approved by
the OCFCD.
43. That any median trees that are removed due to the median reconfiguration on Katella Avenue at
Sportstown shall be relocated to a location determined by the Public Works Department. If at such time
relocation is not appropriate, the trees may be used elsewhere with a reimbursement to the City for the
value of the trees as determined by the Public Works Department.
PLANNING
44. That the developer shall provide disclaimers to prospective buyers indicating that they are purchasing
property that is within close proximity to Angel Stadium, the Grove of Anaheim and the Arrowhead Pond,
and that the nature of these venues include potentially audible noise (such as crowd noise, vehicular
traffic noise, fireworks, and amplified sound) during events, and traffic delays during event times.
45. That the development /site may not charge for "event parking" either for the Grove or the Angel Stadium
unless approved by the City.
46, That the hours of delivery shall be limited to 7 a.m. to 10 p.m.
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47. That prior to issuance of building permits, all above-ground utility devices shall be located on private
property and outside any required street setback area except where specifically permitted by conditional
use permit. Said information shall be shown on plans submitted for the first building permits.
48. Thatprior to issuance of building permits, all air conditioning facilities and other roof and ground
mounted equipment shall be properly shielded from view. Said information shall be specifically shown
on the plans submitted for building permits
49. That prior to issuance of building permits, all plumbing or other similarpipes and fixtures located on the
exterior of the building shall be fully screened by archifectural devices and/or appropriate building
materials. Said information shall be specificallyshown on the plans submitted for building permits.
50. That the property shall be permanentlymaintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hoursfrom time
of occurrence. :
51. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
52. That the property owner/developer shall be responsible for compliance:with all mitigation measures
within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring
- Program No. 130 as established by the City of Anaheim and as required by 8ection 21081.6 of the
Public Resources Code to ensure implementation of those identified mitigation measures. .
53. Thaf signage for this project shall be limited to that shown on the approved Conditional Use Permit
exhibits submitted by the project applicant, on file in the Planning Department. The building elevation
signage (excluding window signs) shall be of the same type for all units. Any additional signage shall
be subject to approval by the Planning Director.
54. That prior to issuance of the first building permit associated with the project, the OWNER shall
undertake and implement the maintenance of certain landscaping, private street and private utilities,
and the performance of other obligations, as set forth herein. Prior to the first final building and zoning
inspection, OWNER shall execute and record with the Orange County Recorder an unsubordinated
covenant to run with the land, satisfactory to the Planning Director and the City Attorney, creating
maintenance obligations to maintain the following areas and facilities (collectively referred to hereinafter
as the "Maintenance Areas and Facilities") as indicated below:
• Private Street at the east portion of the project including sidewalks,
landscaping, street lighting, signage, sfriping and parkways.
• Private sewer lines, grease interceptors, and clean outs.
• Private storm drain lines, area drains, inlets, and catch basins.
• Water Quality Management Plan Best Management Practices.
• Internal landscape areas, courtyards, common areas.
• Internal hardscape.
• Parkway landscaping.
• Parkway hardscape.
• Onsite fountains and art elements.
• Enclosed parking structures with mail facilities, rubbish collection areas, and
bicycle storage.
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'• Appliances in each dwelling unit including washer, dryer, stove, refrigerator,
microwave, and dishwasher: _
• HVAC equipment in each dwelling unit.
•- Recreational amenities areas including pools & spas, barbecue areas,
clubhouse meeting room(s) and workout room.
•' Public restrooms.
• Site lighting systems.
• Trash collection and facilities including the Solid Waste Management Plan
for the project as approved by the City.
• Squeal-free surface in parking structure.
' • Maintenance of on-site signs and awnings. '
• Outdoor seating and dining areas.
The obligations described above and depicted in the Maintenance Exhibit shall collectively 6e referred
to as the "Maintenance Obligations." OWNER shall be responsible forthe maintenance of the
Maintenance Areas and Facilities and performance of the Maintenance Obligations, including any
additional obligations, which may be specified herein. The Covenantmay provide any of the
Maintenance Obligations may be assumed by a duly formed Platinum Triangle Infrastructure and/or
Maintenance Assessment District subject to CITY's written approvaL The covenant set forth herein
constitutes a general scheme for the development, protection and mainfenance of the Property. Said
covenant is for the benefit of the Property and shall bind all successor owners thereof. Such covenant
shall be a burden upon, and a benefit to, not only the OWNER but also its successors and assigns.
Such covenant is intended to be and shall be declared to be running with the land or equitable
servitudes upon the land, as the case may be.
The Covenant shall provide that amendment of any provision thereof, which may negatively impact
performance of the Maintenance Obligations, shall require prior written consent of the City. Termination
of this Covenant is not a release of Declarant with regard to DeclaranYs independent obligations in
connection with development and approval of the Project or with regard to obligations and liabilities
incurred prior to such termination.
55. That the applicant is responsible for paying all charges related to the processing of this discretionary
case application within 7 days of the issuance of the final invoice or prior to the issuance of building
permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the
issuance of required permits or the revocation of the approval of this application. _
56. That the mail delivery parking stall shall be posted with a sign that indicates that it is a reserved space
for mail delivery during the hours of potential mail service.
POLICE
57. That prior to issuance of building permits, closed circuit felevision (CCTV) security cameras shall be
installed to monitor the parking structures and the mailrooms to the satisfaction of the Anaheim Police
Department. CCN cameras shall be strategically located throughout the parking structure, mailroom
and lobby, covering all areas, especially all pedestrian and vehicularaccess points. Said information
shall be specifically shown on plans submitted for building permits.
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58. That prior to issuance of buildingpermits, each individual building and unitshall be clearly marked with
its appropriate building number and address. These numbers shall be positioned so they are easily
viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers shall
be a minimum of 12 inches in height. Main building numbers and address numbers shall be illuminated
during hours of darkness. Said information shall be specifically shown on plans submitted for building
,permits.
59. That prior to issuance of building permits, 4-foot high address numbers shall be displayed on the roof of
each building in a contrasting color to the roof materiaL The numbers shall not be visible from view of
the street or adjacent properties. Said information shall be specifically shown on plans submitted for
Police Department, Community Services Division approvaL
60. That prior to issuance of building permits, pedestrian and vehicular access control shall be required to
prevent unwanted entry. A digital keypad entry system shall be included to facilitate quick response by
emergency personnel. The system's entry code shall be provided to the Anaheim Police Department
Communications Bureau and the Anaheim Fire Department. Said information shall be specifically
shown on plans submitted for building permits.
61. Thaf prior to issuance of building permits, that adequate lighting on all levels'of the parking structures,
including circulation areas, aisles, passageways, recesses, and grounds contiguousto buildings shall
be provided with lighting of sufficient wattage to provide adequate illuminatiorr 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. Said information shall be specifically
shown on plans submitted for building permits.
62. That prior to issuance of building permits, common rooms, such as gym facilities, recreation areas,
laundry rooms, conference rooms, etc., should have transparent doors, have view panels installed in ,
solid doors, or have a window installed next to the door for increased visibility into the room: Said
information shall be specifically shown on plans submitted for building permits:
63. That prior to issuance of building permits, a minimum lighting level of one (1) foot-candle measured at
the parking surface shall be maintained for the parking structure with a maximum to minimum ratio no
greater than 10:1. Said information shall be specifically shown on plans submitted for building permits.
POLICE - ABC
64. At all times when the premise is open for business, the premise shall be maintained as a bona fide
restaurant and shall provide a menu containing an assortment of foods normally offered in such
restaurant.
65. Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other
person, based upon monies collected as a door charge, cover charge, or any other form of admission
charge, including minimum drink orders, or the sale of drinks.
66. There shall be no pool tables or amusement devices maintained upon the premises at any time unless
the proper permits have been obtained from the City of Anaheim.
67. The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of all retail sales
during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating
the separate amounts of sales of alcoholic beverages and other items. These records shall be made
available for inspection by any City of Anaheim official when requested.
68. There shall be no live entertainment, amplified music or dancing permitted on the premise at any time
unless the proper permits have been obtained from the City of Anaheim.
69. The sale of alcoholic beverages for consumption off the premise shall be prohibited.
70. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior
from within, promoting or indicating the availability of alcoholic beverages.
71. The activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
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72. That subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license
nor shall the establishment be operated as a public premise as defined in Section 23039 of the
Business and Professions Code.
73. There shall be no admission fee, cover charge, nor minimum purchase required.
74. That the parking lot serving the premises shall be equippetl with lighting of sufficient power to illuminate
and make easily discernible the appearance and conduct of allpersons on or about the parking lot.
Said Iighting shall be directed, positioned and shielded in such a manner so as not to unreasonably
illuminated #he windows of nearby residences.
75. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code
and shall be kept closed at all times during the operation of the premises except for ingress/egress,
permit deliveries and in cases of emergency.
76. That the business operator shall comply with Section 24200.5 of the Business and Profession Code so
as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them
drinks in the licensed premises under any commission, percentage, salary, or other profif-sharing plan,
scheme or conspiracy.
77, At all times that entertainment or dancing is permitted, security measures shall be provided to the
satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or
patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to
prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the
premises. ,
78. There shall be no public telephones on the property that are located outside the building :
79. 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)
FIRE
80. That prior to structural framing, fire hydrants shall be installed and charged as required and approved by
the Fire Department.
81. That an all-weather access road as approved by the Fire Department shall be provided during project
construction.
82. That prior to issuance of building permits, fire hydrants shall meet minimum Fire Department
Specifications and Requirements for spacing, distance to structure and available fire flow. Said
information shall be specifically shown on plans submitted for building permits.
83. That prior to issuance of building permits, emergency vehicular access shall be provided and
maintained in accordance with Fire Department Specifications and Requirements. Said information
shall be specifically shown on plans submitted for building permits.
84. That prior to issuance of building permits, an automatic fire sprinkler system shall be designed, installed
and maintained as required by the Fire Department. Said information shall be specifically shown on
plans submitted for building permits.
85. That prior to issuance of building permits, a fire alarm system shall be designed, installed and
maintained as required by the Fire Department. Said information shall be specifically shown on plans
submitted for building permits.
86. That prior to issuance of building permits, lockable pedestrian and/or vehicular access gates shall be
equipped with Knox devices as required and approved by the Fire Department. Said information shaU
be specifically shown on plans submitted for building permits.
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FC2005-108
87. That prior to issuance of building permits, anyrequired relocation of City electrical facilities shall be at
property owner/developer expense. Landscape and/or hardscape screening of all pad-mounted
equipment shall be required outside the easement area of the equipment. Said information shall be
specifically shown on plans submitted for building permits.
88. That prior to issuance of building permits, the legal property owner shall provide the City of Anaheim
with a public utilities easement along/across high voltage1ines, low voltage lines crossing private
property and around all pad mounted transformers, switches, capacitors, etc. for electrical servicelines
to be determined as electrical design is completed to the satisfaction'of the Electrical Engineering
Division of the Public Utilities Department. Said easement shall be submitted to the City of Anaheim
prior to connection of electrical service.
89. That the property is to be served with underground utilities per the Electrical Rates, Rules, and
Regulations, and the City of Anaheim Underground Policy.
90. Prior to issuance of building permits, streetlights shall be installed along Katella Avenue and the
proposed private street according to The Platinum Triangle Guidelines and Specifications. Said
information shall be specifically shown on plans submitted for building permits.
91. That prior to issuance of building permits, the property owner/developer shall underground overhead
facilities if required and provide easements in a location acceptable to the Anaheim Public Utilities
Department;that shall interface with and/or replace the existing overhead 12kV and communication
distribution systems.
92. That the relocation of existing facilities and/or installation of new systems shall be timed to coincide with
the leve( of development that would require this improvement, to the satisfaction of the Anaheim Public
Utilities Department and other utility companies, _
93. That prior to approval of grading plans and street improvement plans, the property owner/developer
shall coordinate site development with the Anaheim Public Utilities Department - Electrical Engineering
Division to ensure proper locating of electrical service equipment (transformers, switches, vaults, etc.) in
accordance with the Electrical Engineering Construction Standards, Anaheim's Rates, Rules and ,
Regulations and standard design criteria.
94. That prior to approval of grading plans the property owner/developer shall meet and confer with
Anaheim Public Utilities Department - Electrical Engineering Division regarding special service
requirement for large multiple story mixed-use buildings maximizing lot coverage.
95. That prior to issuance of building permits, the property owner/developer of the property shall coordinate
its service requirements and relocation issues with Anaheim and the other utility companies involved.
96. That prior to issuance of building permits, all electrical facilities that are located on the project boundary
shall be relocated underground and all existing services that are fed from the overhead system shall be
converted to underground at the expense of the developer/owner.
97. That this Conditional Use Permit is granted subject to adoption of General Plan Amendment No. 2005-
00435, Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2005-
00113), Zoning Code Amendment No. 2005-00044, Development Agreement No. 2005-00004 and
Tentative Tract Map No. 16800, now pending.
98. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by project applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 40, and as conditioned herein.
99. That prior to issuance of the first building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 21,
23, 24, 25, 26, 27, 28, 29, 32, 34, 36, 37, 38, 39, 40, 47, 48, 49, 54, 57, 58, 59, 60, 61, 62, 63, 82, 83,
84, 85, 86, 87, 88, 90, 91, 95, and 96, above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code:
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100. That prior to issuance of the grading permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 30, 31, 35, 41, 93 and 94, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.
101. That prior to final building and zoning inspections, Condition No. 98, above-mentioned, shall be
complied with. ,
102. 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 asto compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement. '
BE IT RESOLVED that the Anaheim 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.
AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for
paying all charges related to the processing of this discretionary case application within 7 days of the
issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this
project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required -
permits or the revocation of the approval of this appfication.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 25,2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and be ced b uncil
Resolution in the event of an appeaL
CHAIRMA , ANA EIM PLANNING COMMISSION
ATTEST:
~~~+'~-- .
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on July 25, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES,ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI, PEREZ
/IN WITNESS WHEREOF, I have hereunto set my hand this ~4 ~~ day of
L , 2005.
/( ~~
SENIOR SECRETARY, ANAHEIMPLANNING COMMISSION
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