Resolution-PC 2008-46RESOLVI'ION NO. PC2008-4fi
A RESOLUI'ION OF THE ANAHEIM PLANNING COMIvIISSION
APPROVING PREVIOUSLY-CERTIFIED FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE WEST ANAI~IM COMNIERCIAL
CORRIDORS REDEVELOPMENT PROJECT AREA AND ADDENDUM
AND NIITIGATION MONTTORING PLAN NO. 119 AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT
NO. 3002-04603 AND AMENDING RESOLUTION NO. 2002R-233
WITH WAIVER OF CODE REQUIREMENT (TRACKING NO. CUP2008-05308)
(200-328 NORTH BEACH BQULEVARD AND
2951-2961 WEST LINCOLN AVENLIE)
WILEREAS, the Anaheim Plavniug Commission did receive a verified Perition for a
Conditional Use Permit with a waiver of code requirement for certain real property in the City of
Anaheim, County of Orange, State of California, shown on E~ibit A, attached hereto and
incorporated herein by this reference; and
WHEREAS, on November 5, 2002, the City Council, by its Resolurion No. 2002R-
233, granted Conditional Use Pemut No. 2002-04603 to pemut a commercial retail center of
regional significance including a home unprovemenY store with an outdoor gazden center, a multi-
tenant retail building, two drive through fast food restaurants, three full service restaurants with on-
premises consumption of alcoholic beverages, an amusement arcade, a food court with outdoor
dining and beer and wine sales for on-premises consumption, and a self storage facility with storage
containers and recreational vehicles and boats; and
WIIEREAS, the property is currently vacant and is zoned GG (General
Commercial) and RM-4 (Mulriple-Family Residential with a resolution of intent to GG) and the
Anaheim General Plan designates the property for Regional Commercial land uses; and
WIIEREAS, the Anaheim Plaiming Commission did hold a public hearing at the
Anaheun Civic Center, Council Chamber, 200 South Anaheim Boulevard, on April 14, 2008, at
230 p.m., norice of said public hearing having been duly given as requued by law and in
accordance with the provisions of the Anaheim Muzucipal Code, Chapter 18.60, to hear and
consider evidence for and against said proposed project acrions, including an amendment to
Conditional Use Pemut No. 2002-04603, and to investigate and make findings and
recommendations in connecrion therewith; and
WF3EREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due considerarion of all evidence and reports offered at said
hearing, does find and determine the following facts:
1. That an amendment to Condirional Use Permit No. 2002-04603 (Tracking No.
CUP2008-05308) to construct a commercial retail center of regional significance to include retail
stores, full service restaurants with sale and consumption of alcoholic beverages for on-premises
consumption, drive fl~ough restaurants, a drive-through pharmacy with the sale of alcoholic
beverages for off=premises consumption, an amusement device arcade, a multi-tenant food court
1- PC2008-46
with outdoor dining and the sale and consumption of alcoholic beverages, and a self storage facility -
with storage containers and recreational vehicles and boats is properly one for which a conditional
use pemut is authorized by Anaheiin Municipal Code Section No. 18.08.030.010 for this property.
The proposed project also includes waivers of the following:
(a) SECTION NO. 18.42.040
Minimum number of parkine spaces.
1 675 spaces requued; 1.190 spaces
proposed)
(b) SECTION NO. ] 8.46.110.020
Maximum fence heieht.
(8 feet high pernutted; 10 feet high
proposed)
2. That waiver (a) pertaining to the minimum number of parking spaces is hereby
approved based on the assumptions and conclusions contained in a parking study dated August
2006 and addendum dated April 4, 2008 which was prepared by the City's parking and traffic
consultant. Tbe study concludes that a maximum demand of 1,180 spaces would be needed for the
shopping center, resulting in a surplus of 10 spaces. Tlus conclusion was based on the highest
demand of the center which is during the weekend. Therefore, based on the fmdings contained in
the study, the renuested waiver will not cause Pewer ofF street parking spaces to be provided for the
proposed use than the number of such spaces necessary to accommodate all vehicles attributable to
such use under the normal and reasonably foreseeable conditions of operarion of such use.
3. That waiver (b) pertaining to maxunum fence height is hereby approved since there
are special circumstances applicable to the property due to the unique size, shape, and topography
of this former landfill site which do not apply to otl~er property under identical zoning classification
in the vicinity. Moreover, the fencing will mitigate visual impacts to adjacent residential land uses
and create an adequate buffer between the commercial and residential uses.
4. That the proposed use will not adversely affect the adjoining land uses or the growth
and development of the azea in which it is proposed to be located because the proposed project is
compatible with existing and surrounding land uses, and will furtl~er provide a project that is
compatible and consistent with the General ~lan Regional Commercial land use designa6on.
5. 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 deu-imental to the particulaz azea or to health and
safety of the citizens of the City of Anaheim.
6. That, with implementation of the mitigarion measures set forth in Mirigarion
Monitoring Plan No. 119, the approval of the proposed shopping center will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
7. That ihe granting of the conditional use pemut vnder the conditions unposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
8. That a person represenrin~ the West Anaheim Nei~hborhood Development Council
(WAND) spoke with concems pertaining to the number of parking spaces, amusemenUarcade
devices, crime rate, and aniount of drive through restaurants in the project, and two people spoke
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with suggestions pertaining to the type of businesses that would be appropriate for the center, and
photographs of another shopping center were submitted; and that a letter was received in opposirion
to the subject request.
WHEREAS, the City Council certified the Final Environmental Impact Report for
the West Anaheim Commercial Comdors Redevelopment Project Area in 1998. The Council also
approved a Statement of Findings and Facts and Mitigarion Monitoring Plan No. 119 in conjuncrion
with the Final EIR. The Final EIR addressed the environmental impacts and mitigation measures
associated with those activiries that would be undertaken pursuant to and in furtherance of the West
Anaheim Commercial Corridors Redevelopment Plan. In 2002, the Council adopted an Addendum
and its technical appendices to the Final EIR in conjunction with Conditional Use Pemut No. 2002-
04603. The Addendum concluded that the proposed shopping center would not result in new
significant impacts or substantial increases in the severity of previously identified s~~nificant
impacts. Therefore, the previously-certified Final EIR, together with the Addendum and Mitigation
Monitoring Plan No. 119, will seroe as the required environmental documentation for the proposed
project actions.
NOW, THEREFORE, BE IT RESOLVEA by the Anaheim Planning Commission of
the City of Anaheim that the conditions of approval heretofore imposed on Condirional Use Pernut
No. 2002-04603, as set forth in City Council Resolution No. 2002R-233 be, and the same hereby
amended in their entirety, to read as follows:
No.
Conditions of Approval Responsible for
Monitoring
TIMING: PRIORTOISSUANCEOFBUILDINGPERIITS
That the following final plans shall be submitted to the Planning Department for
1 Planning Commission review and approval as a"Reports and Recommendations" pialllling
item:
m Fully dunensioned, scaled, and detailed site plan
• Fencing and landscaping plans (with materials, sizes, and locarions of
plant materials)
o Comprehensive signage program
• Final grading and property sectional plans
• Building elevation plans including a colors and materials board
• Accent paving plans
o Decorative liatating plans
• Roof and round-mounted e ui ment location and treatment lans
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Responsiblefor
No. Conditions of Approval Monitoring
o Tmck well treatment plans
• Detailed site, floor, lighting, and elevarion plans for the full service
restaurants
m A letter of operation indicating all oparational aspects of each of the
full-service restaurants, including the hours of operation
• Detailed outdoor searing and public plaza plan, including pubGc art,
landscaping, and water features
• Detailed floor plans and letter of operation indicating the proposed
hours of operation for the amusement device arcade
o Detailed site, floor, and drive through lane plans for the drive-through
restaurants
• Detailed site, fencing, floor, elevation, lighting, and landscaping (with
materials, sizes and locations of plant materials and methods of
screening) plans for the self storage/RV and boat storage facility
• A letter of operation indicating all operational aspects of the self
storage/RV and boat storage facility, including the hours of operation
That an unsubordinated restricted covenant providing reciprocal access and
2 pazking, approved by the Planning Department and in a form satisfactory to the Planning
City Attomey, shall be recorded with the O£fice of the Orange County Recorder.
A copy of the recorded covenant shall then be submitted to the Planning
Department. In addifion, provisions shall be made in the covenant to guarantee
that the entue complex shall be managed and maintained as one (1) integral
parcel for purposes of pazking, vehicular cizculation, signage, maintenance, land
usage and architectural control, and that the covenant shall be referenced in all
deeds transferrin all or any art of tihe interest in the ro erty.
That all air condirioning facilities and other roof and ground-mounted equipment
3 shall be properly shielded from view. Such information shall be specifically Planning
shown on the lans submitted for buildin ermits.
That all plumbing or other similar pipes and fixtures located on the exterior of the
4 building shall be fully screened by architectural devices and/or appropriate Flamiiug
building materials; and, further, such information shall be specifically shown on
the lans submitted for buildin ermits.
That the granting of the pazking waiver is contingent upon operation of the use in
5 conformance with the assumptions and/or conclusions relaYing to the operation Plannine
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No. Condirions of Approval Monitoring
and intensity of use as contained in the parking demand study dated August 2006,
and addendum dated Apri14, 2008, that formed the basis for approval of said
waiver. Exceeding violating, intensifying or otherwise deviating from any of
said assumptions and/or conclusions, as contained in the parking demand study,
shall be deemed a violarion of the expressed conditions imposed upon said waiver
which shall subject this pemut to termination or modificarion pursuant to the
rovisions of Section 18.60? 10 of the Anaheim Munici al Code.
That a landscape earthen berm and/or a row of hedges shall be inwrporated into
( the entire length of the setback adjacent to Beach Boulevard and Lincoln Avenue p]y~ing
with the exceprion of ingress/egress areas. Further, dense landscaping shall be
provided adjacent to Beach Boulevard and Lincoln Avenue to adequately screen
the drive through lanes, and where possible, existing mature landscaping should
be preserved. Said information shall be specifically shown on plans submitted for
buildin ermits.
That a tentative pazcel map to record the consolidarion of parcels on the subject
'7 property shall be submitted to and approved by the City of Anaheim and shall planning, Public
then be recorded in the Office of the Orange CounTy Recorder. Works
Tbat plans shall be submitted to the Planning Deparnnent for review and approval
g showing conformance with the current version of Engineerang Standard Details Planning
402, 436, 470, and 471 pertaining to parking standards and ~ngineering Standard
Detai1473 pertaining to driveway locations and driveway spacing. Subject
property shall thereupon be developed and maintained in conformance with said
lans.
That plans sball indicate that adequate lighting shall be provided tluoughout the
g project, including circulation areas, aisles, passageways, recesses, and grounds planning
contiguous to buildings 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 dazlmess and provide a safe, secure environment for
all persons, property, and vehicles on-site. Plans submitted for building pernuts
shall include a note that said lighting shall be installed prior to ihe first fmal
buildin and zonin ins ecrion for the arkin structure.
That plans shall indicate that the building addresses shall be cleazly mazked with
10 its appropriate building number and address. These numbers shall be posirioned planning, Police
so they are easily viewed from vehicular and pedestrian pathways throughout the
complex. The building numbers sball be a minimum of 12-incbes in height Main
building numbers and address numbers sha11 be illuuunated during hours of
darkness. Plans submitted for building pemuts shall include a note that said
numbers shall be installed prior to the fust final building and zoning inspection
for each buildin .
That plans shall show that four (4) foot high address numbers shall be displayed
I 1 on the roof of the building in a contrasting color to the roof materiaL Said Planniug, Police
numbers shall not be visible from view of tlie street or adjacent properties. Said
information shall be sub ect to the review and a roval of the Police De arhnent
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Responsible for
No. Conditions of Approval Monitoring
and the Planning Department, Planning Services Division. Plans submitted for _
building permits shall include a note that said numbers shall be provided prior to
the first fmal buildin and zoning ins ecrion for each buildin~.
That plans shall be submitted for approval by the Public Utilities Department,
1? Water Engineering Division and the Cross Connection Control Inspector planning, Public
demonstrating that all backflow equipment shall be located above ground outside Utilities Water
of the street setback area in a manner fully screened from all public streets and
alleys in IocaUons approved by the Water Engineering Division of the Public
Utilities Department and the Planning Department. Any bacl~low assemblies
currently installed in a vault shall be brought up to current standards. Any other
large water meter system equipment shall be installed to the satisfaction of the
Public Utilities Department, Water Engineering Division above ground and
outside of the sh eet setback area on private property in an easement, in a manner
full screened tluou h landsca in from all ublic streets and alle s.
That plans shall show that all proposed water vaults, telecommunicarion utilities,
13 and all other above-ground utilities shall be located behind the setback and fully Planning
screened as re uired b Code or inte ated within the ro osed buildin s.
That the property owner shall submit a letter requesting termination of
14 Conditional Use Permit No. 464 (to construct a duectional sign facing Beach Planning
Boulevard), Variance No. 1956 (to permit a warehouse in conjunction with an
existing furniture store with waivers of minimum required side yard setback and
required masonry wall at 220 North Beach Boulevard), Conditional Use Permit
No. 1307 (to pernut on-sale liquor in conjuncrion with a proposed restaurant at
310 North Beach Boulevard with waiver of height of masonry wall abutting a
residential zone) , Conditional Use Pemut No. 1338 (to pemut the sale of beer
and wine in an existing restaurant at 300 North Beach Boulevard), Variance No.
2650 (waiver of permitted sign locarion to reconstruct an existing freestanding
sign at 220 North Beach Boulevard), Conditional Use Permit No. 1651 (to permit
a 41-unit motel at 320 North Beach Boulevard), Conditional Use Permit No. 3559
(to permit an auto service and tire installarion facility at 222 North Beach
Boulevard) , Conditional Use Permit No. 3593 (to pernut the on-premise sale and
consumption of alcoholic beverages in conjuncrion witb a restaurant and billiard
center at 314 North Beach Boulevazd), Conditional Use Pemut No. 3670 (to
pemut the on-premise sale and consumption of alcoholic beverages within an
existing restaurant and billiard center with live music and entertainment at 314
North Beach Boulevard) to the Plannin Services De artment.
That plans submitted for building pernuts shall include a note that ongoing during
15 construction, emergency contact information including contact name and phone p]an~ljpa
number shall be posted on the project site. Said information shall be indicated on
lans submitted for buildin ermits.
That all roof-mounted equipment shall be screened from view of the public rights
16 of way and surrounding properties in conipliance with Section 18.46.210 of the Planning
Anaheim Municipal Code. Said information sl~all be specifically shown on plans
submitted for buildin ermits
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Responsible for
No. Conditions of Approval Monitoring
That in implementation of mitigation measwes no. 2 and 3 for "Hazards" as set _
17 forth in the Mitigarion Monitoring Plan, the applicant shall implement those Planning,
(~_ regulatory requuements and measwes unposed upon the project by the Orange public Works
HA7 2,3) ' County Health Care Agency's Environmental Health Division (LEA) and the Development
Santa Ana Regional Water Quality Control Boazd (RWQCB) as set forth in Services
A endix F and A endix G, res ectivel , of the Final EIR Addendum.
That the legal owner of subject property shall provide the City of Anahenn with a
1 g public utilities easement as detemuned to be necessary when the electrical design Public Urilities
is completed. Electrical
That property owner/developer shall finalize the abandonment of any exisring
~9 public utilities easements Yo the satisfaction of the Depariment of Public Works, Public Utilities
Development Services Division and the Public Utilities Deparhnent, Elechical Elech-ical
En~ineerin Division.
That the property is to be served with underground urilities per the Electrical
?p Rates, Rules, and Regulations. Public Utilities
Electrical
That any required relocation of City electrical facilities shall be at property
? 1 owner/deve]oper's expense per the Elechical Rates, Rules, and Regulations. Public Utilities
Electrical
That plans shall show the locarion and required landscape and/or bardscape
?? screening of all pad-mounted equipment. Public Utilities
Electrical
That plans shall demonstrate that all above-ground utility devices shall be located
?3 on private property and outside any requued setback areas unless otherwise Public Utiliries
pemutted by Code. Electrical
That plans shall show conformance with the current version of Engineering
24 Standard Detail 115 pertaining to sight distance visibility for signs, landscaping, Public Works,
and fence/wall locations and pertaining to commercial driveway design to the Traffic
satisfaction of the City Engineer. Engineering
That plans shall be submitted to show any proposed gates and shall demonstrate
25
that gates shall not be installed across any driveway in a manner which may Public Works,
adversely affect vehiculaz tra~c on the adjacent public s~eet. Installation of any Traffic
gates shall conform to all applicable City of Anaheim, Aepartment of Public Engineering
Works, Standard Plans and Details. The location of any proposed gates shall be
subject to the review and approval of the City Traffic and Transportation
Manager.
ThaY plans submitted for building permits shall include a note that prior to final
26
building and zoning inspecrion, fue lanes shall be posted with "No Parkin~ Any Public Works
~
Traffic
7- PC2008-46
Responsible for
No. Condirions of Approval Monitoring
Time." Said information shall be specifically shown on plans submitted for Engineering
building pernuts.
That plans shall show that emergency exits, not intended as a primary entrance,
P
li
~~ shall have no exterior handles, laiobs, or levers. o
ce
ThaY property owner/developer shall submit plans to the Police Department for
~8 review and approval for the purpose of incorporating safety measures in the Police
project design including the concept of crime prevention through environmental
design (e.g. building design, circulaUon, site planning, and lighting of parking
structures and parlcing areas).
That plans submitted for building pernuts shall contain a note that there shall be
~9 no public telephones on the property that are located outside the buildine. Police
Tbat plans submitted for building permits shall indicate that all doors serving any
li
P
30 restaurants shall conform to the requirements of the Uniform Fire Code and shall o
ce
be kept closed at all times during the operation of the premises except for
ingress/egress, permit deliveries and in cases of emer~ency.
That plans submitted for building permits shall show lighting to be directed,
31 positioned and shielded in such a manner so as not to unreasonably illuminate the Police
windows of nearby residences.
That plans shall show how emergency vehiculaz access will be provided and
~
3~ maintained in accordance with Fire Deparlment Specifications and Requirements. Fire
That prior to issuance of the first building permit, or prior to delivery of
33 combustible materials for construction of buildings, whichever occurs first, Fire, Public
property owner/developer shall eomplete all necessary water facilities to provide Utilities Water
the fue flows requued by the Fue Deparhnent. Said information shall be
specifically shown on plans submitted for building permits.
That prior to issuance of the first building permit and prior to commencement of
34 structural fraining, fire hydrants shall be installed and charged as required by the Fire
Fue Department and shall meet minimum Fire Deparhnent Specifications and
Requuements for spacing, distance to structure and available fire flow. Said
information shall be specifically shown on plans submitted for building permits.
That an automatic fire sprinkler system shall be designed, installed and
35 maintained as requued Uy the Fue Depar~ent. Said information shall be Fire
specifically shown on plans suUmitted for building pemuts. Provisions for
continued maintenance of the fire s rinkler s stem shall be included 'm the
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Responsible for
No. Condirions of Approval Monitoring
recorded CC&Rs for the project pursuant to the conditions contained herein.
36 That all existine water services and fue lines shall conform to curnent Water
Public Utilities
Services Standards Specifications. Any water service and/or fue line that does
not meet current standards shall be up~raded if continued use is necessary or Water
abandoned if the existing service is no longer needed. Property owner/developer
shall be responsible for the costs to upgrade or abandon any water service or fue
line.
That property owner/developer shall irrevocably offer to dedicate to the City of
3~ Anaheim an easement on owner's Property for all large domestic water meters, Public Utilities
including a five (5) foot wide easement around the water meter pad, a twenty (20) Water
foot wide easement for all water service laterals, and an easement for other public
water facilities to the satisfaction of the Water Engineering Division of the Public
Utilities Department. The requirements and easement notes of the Public UtiliUes
Department, Water Engineering Division sball be included in all easement
dedications/deeds for water facilities.
That because this project has a landscaping area exceeding 2,500 squaze feet,
38 plans shall specifically show that a separate irrigation meter shall be installed in Public Utilities
compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheun Water
Municipal Code. Said information slaall be specifically shown on plans submitted
for building permits. Plans submitted for buildin~ permits shall include a note
that property owner/developer shall install the required meter and backflow
device prior to the first final building and zoning inspection.
That prior to submitting an application for water meters, fire lines or water
39
improvement plans for approval, wluchever occurs first, owner shall submit to the Public Utilities
Public Utiliries Department, Water Engineering Division, an estimate of the Water
maxunum fue flow rate and maximum day and peak hour water demands for the
entire project. This information will be used to detennine the adequacy of tk~e
e~sting water system to provide the estimated water demands. Any off-site
water system improvements requued to serve the project shall be done in
accordance with Rule No. 15A.6 of the Water UtiliTy Rates, Rules, and
Regulations.
That all requests for new water services or fire lines, as wel] as any modifications,
40 relocarions, or abandonment of existing water services and fue lines, shall be ~'ublic Utilities
processed ttuough and approved by the Public Utilities Deparhnent, Water Water
En~ineering Division.
That prior to issuance of a building penuit or approval of a grading plan,
41 ~y~chever occurs fust, plans shall demonstrate that all existing water services and Public Urilities '
fire lines shall conform to current Water Utili Standards to the satisfaction of
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Responsible for
No. Condirions of Approval Monitozing
the Public Utilities Department, Water Engineering Division. Any existing water Water
services and/or fire lines that are not approved by the Utility forcontinued use
shall be upgraded to current standards, or abandoned, if no longer needed, by the
property owner/developer prior to issuance of a building pemut or approval of the
grading plan, whichever occurs fust.
That a private water system with separate water service for fue protection and
4Z domestic water shall be provided. Said information shall be shown on plans Public Utiliries
submitted for building pemuts. Water
43 That plans submitted for buIlding pernuts shall indicate trash storage areas in a
Public Works
~ocation acceptable to khe Public Works Deparhnent, Sheets and Sanitation ,
Division, as depicted in the approved Final Site Plan. Streets and
Sanitarion
That property owneddeveloper sball submit a fmal written solid waste
44 management plan si~ned by the owner to the Streets and Sanitation Division of Public Works,
the Public Works Deparhnent for review and approval. The property owner shall Streets and
then operate in accordance with the approved written solid waste management Sanitation
plan, as it may be modified by owner from time to time subject to written
approval by the D'uector of Public Works. Said solid waste management plan
shall be incorporated into the recorded CC&Rs for the property required pursuant
to conditions contained herein.
That plans submitted for building pernuts shall include a note that on-going
C
d
45 during project operation, no requued parking areas shall be fenced or otherwise o
e
enclosed for outdoor storage uses. Enforcement,
Planning
That as required by the Public Works Deparhnent, street trees shall be installed
46 by the property owner, within the public rights-of-way adjacent to Beach Public Works
Boulevard and Lincoln Avenue. The size and number of trees shall be provided Development
to the satisfaction of the Public Works Department. Said informarion shall be Services
shown on plans submitted for building permits.
That all driveways shall be constructed with ten (10) foot radius curb retums as
47 required by the City Engineer in conformance with Engineering Standard No. Public Works
I 15. Said information shall be specifically shown on plans submitted for building Development
permits. Services
That for tliose sites with lmown hazardous materials or structural conditions,
48 underground tank leakage, or where existing contamination is known to e~ist, a Public Works
(MM- complete soils test and analysis shall be performed prior to development. If the Development
AAZ 1) results of the soils test indicate the presence of contanunation, appropriate Services,
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Responsible for
No. Conditions of Approval Monitoring
remediation will be identified and unplemented. No development shall be Planning
allowed on the site until the applicant has submitted evidence of complete
remediarion to the City.
That the applicant shall comply with the recommendations of the Lunited
49 Geotechnical Investigation prepared by G. A. Nicoll & Associates and with the Public Works,
(MM- Uniform Building Code and appropriate City seismic standards. Development
I GEOL 1) Servioes
That a haffic impact study shall be submitted to the Department of Public Works
Traffic Engineering Division for review and approval. Said study shall be Public Works,
prepared to the satisfaction of the Department of Public Works in accordance Traffic
~'ith City of Anaheim criteria. As based upon the Final Site Plan approved by the Engineering
50 Planuivg Commission as a"Report and Recommendation" item, and final land
~~- uses as identified in the Final Site Plan, the traffic study shall identify any
TRAF 1) project-generated increases that result in unacceptable levels of service, as
deternuned by the Deparhnent of Public Works. The traffic study shall also
idenrify appropriate nnprovements to reduce traffic impacts to acceptable levels
and include a phasing plan. The phasing plan shall specify timing and funding
commi~ents to implement the nnprovements including (but not limited to)
preliminary engineering, environmental clearance, fmal engineerin~, right-of-~vay
acquisition, consh-uction, and inspection.
That to the extent feasible, the following components shall be incorporated into
the project: Public Works,
Traffic
a) Ridesharing Programs: Engineering,
51 • Carpooling and Vanpooling Planning,
Q ~ • Modified Work Schedules SCAQIVID
A b) Pazking Management
• Off-Street Parlting Controls
• Parking Management Programs
c) Non-Motorized Sh~ategies
• Bicycle Storage Faciliries
• Pedestrian Improvements
That precise water system requirements shall be determined during specific Public Works
52 project design review. Water design requirements will be subject to the Development
(NIM- provisions of site plan review by the City of Anaheim. Required water system Services,
WAT improvements shall be in place. Planning
1,2)
That the developer shall submit a design level sanitary sewer study for the
53 proposed commercial center to the Public Works Department, Development Public Works
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Responsible for
No. Conditions of Approval Monitoring
(MM- Services Division for review and approval. This study shall be prepazed to the Development
WASTE satisfaction of the Public Works Deparhnent Department and shall be consistent Services,
I-5) with the Combined West Anaheim Area Master Plan of Sanitary Sewers Planning
(November 3001, 1 st Revisiom June 3002). All of the recommendations of Yhis
sewer study shall be implemented prior to final buildin~ and zoning inspections,
as required by the Public Works Department.
'TIMING; PRIOR TO FINAL BUILDINGf1ND ZONINGINSPECTIONS
Tbat property owner/developer shall provide the City of Anaheun with a public
54 utiliries easement (per fmal electrical design), along/across hi~h voltage lines, low Public Utilities
voltage lines crossing private proper[y, and around all pad-mounted transformers, Elech-ical
switches, capacitors, etc. on owner's Property. Said easement shall be submitted
to the City of Anaheim prior to connection of electrical service.
TZMING: PRIOR TO GIL4DItYG PERMITS
The applicant shall submit and obtain approval from the Manager of Subdivisians
55 and Grading of a Water Quality Management Plan (WQMP) specifically Public Works
(MM- identifying Best Management Practices (BMP's) that will be used on-site to Development
HYD 1) control predictable pollutant runoff. This WQMP shall identify, at a minunum, Services
the routine, structural and non-structural measures specified in the Countywide
NPDES Drainage Area Management Plan (DAMP) Appendix which details
implementarion of BMPs whenever they are applicable to a project, the
assignment of long term maintenance responsibilities (specifying the developer,
parcel owner, maintenance associarion, lessee, etc.), and shall reference the
location(s) of structural BMPs.
'GBNER.9L
That ongoing during project construction, the property owner/developer shall SCAQIVID,
56 implement measures to reduce cons~uction-related air quality impacts. These Building, Public
(~_ measures shall include (but aze not lunited to): Works
AQ 1) Development
a. Normal wetting procedures (at least twice daily) or other dust palliative Services
measures shall be followed during earth-moving operarions to m;n;m;~e
fugitive dust emissions, in compliance with the City of Anaheim
Municipal Code including application of chemical soil stabilizers to
exposed soils after grading is completed and replacing ground cover in
disturbed areas as quickly as practicable.
U. Enclosing, covering, watering twice daily, or applying approved soil
binders, according to manufacture's specification, to exposed stock piles.
-L- PC2008-46
No.
Conditions of Approval Responsible for
Monitoring
c. Roadways adjacent to the project shall be swept and cleared of any spilled
export materials at least twice a day to assist in minimizing fugitive dust;
atid, haul routes shall be cleared as needed if spills of materials exported
from the project site occur.
d. Where practicable, heavy duty constructioa equipment shall be kept onsite
when not in operation to m;nim;ze exhaust emissions associated with
vehicles repetitiously entering and exiting the project site.
e. Trucks importing or exporting soil material and/or debris shall be covered
prior to entering public streets.
£ Taking prevenrive measures to ensure ttiat trucks do not carry dirt on tires
onto public streets, including treating on site roads and staging areas.
~. Preventing irucks from idlmg for longer than 2 minutes.
h. Manually irrigate or activate irrigation systems necessary to water and
maintain the vegetation as soon as planting is completed.
i. Reduce haffic speeds on all unpaved road surfaces to 15 miles per hour or
less.
j. Suspend all grading operations when wind speeds (as instantaneous a st)
exceed 25 miles per hour and during first and second stage smog alerts.
k. Comply with SCAQMD Rule 402, wluch states that no dust unpacts
offsite are sufficient to be called a nuisance, and SCAQIvID Rule 403,
which restricts visible emissions from canstruction.
1. Use low emission mobile construction equipment (e.g., tractors, scrapers,
dozers, etc.) where practicable.
m. Utilize existing power sources (e.g., power poles) or clean-fuel generators
rather than temporary power generators, where practicable.
n. Maintain construction equipment engines by keeping them properly tuned.
o. Use low sulfur fuel for equipment, to the extent practicable.
, That this development is limited to a maximum of twenty five (25) tenant spaces. Planning
5
~
-13- PC2008-46
Responsible for
No. Conditions of Approval Monitorine
That no required parking azea shall be fenced or otherwise enclosed for outdoor Plannine
Sg storage uses.
That property owner/developer shall be responsible for compliance with all Planning
~9 mitigation measures within the assi~ned time frames and any d'uect costs
associated with Mitigation Monitoring Plan No. 119 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.
That timing for compliance with conditions of approval may be amended by the Planning
60 Planning D'uector upon a showing of good cause provided (i) equivalent timing is
established that sarisfies the original intent and purpose of the condition(s), (ii)
the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use
or approved development.
That subject property shall be developed substantially in accordance with plans Plamiing
61 and specifications submitted to the City of Anaheim by project applicant and
which plans are on file with the Planning Department marked E~ibit No. 1 of
Conditional Use Permit No. 2002-04603 (Traclting No. 3008-05803), and as
conditioned herein.
That approval of this applicarion consritutes approval of the proposed request Planning
6~ only to the extent that it complies with the Anaheun Municipal Zoning Code and
any other applicable City, State and Federal regularions. Approval does not
include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regularion or requirement.
That extensions for further time to complete conditions of approval may be Planning
63 granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
That no exterior vending machines shall be permitted within the view of the Code
64 public rights-of-way. Enforcement
That the landscape planters shall be permanently maintained with live and healthy Code
65 plant materials. Enforcement
That no outdoor speakers shall be pemutted in conjunction with the home Code
66 improvement store and outdoor storage facility. Enforcement
That the following conditions shall apply to all establishments with sales oP Police/Code
67 alcoholic beverages for off=premises consumption: Enforcement
-14- PC2008-46
No.
Conditions of Approval Responsible for
Monitoring
• No display of alcoholic beverages shall be located outside of a building or
within five (5) feet of any public entrance to the building.
o There shall be no exterior advertising or sign of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages. Interior displays of alcoholic beverages
or signs which are clearly visible to the exterior shall constitute a violation
of tlus condition.
o The area of alcoholic beverage displays shall not exceed 25% of the total
display area in a building.
e The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz.,
40 oz., or similar size containers shall be prohibited. No beer or malt
beverages shall be sold in quantiries of less than six per sale.
o The possession of alcoholic beverages in open containers and t6e
consumption of alcoholic beverages are prohibited on or around these
premises.
. There shall be no amusement machines, video game devices, orpool tables
maintained upon the premises at any time.
m Wine shall not be sold in bottles or containers smaller than 750 ml. and
wine-coolers must be sold in manufacturer pre-packaged mulri-unit
quantities.
• That the acriviries occurring in conjunction with the operation of these
establishments shall not cause noise disturbance to surrounding properties.
• That alcoholic beverages shall not be sold in the drive through lane of the
pharmacy. Alcoholic beverages shall only be sold inside the pl~armacy
building.
That the following conditions shall apply to all full service restaurants with sales Police/Code
68 of alcoholic beverages for on-premises consumption: Enforcement
o 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 contauung
an assortmenY of foods normally offered ui such restaurant.
• That there shall be no bar or lounge maintained on the property unless
licensed b Alcoholic Bevera e Control and a roved b the Ci of
-15- PC2008-46
No.
Condirions of Approval Responsible for
Monitoring
Anaheim.
v There shall be no pool tables or amusement devices maintained upon the
premises at any rime unless the proper permits have been obtained from the
Ciry of Anaheim.
• That the alcoholic beverage licenses shall not be exchanged for a public
premises (bar) type license nor shall the establishment be operated as a
public premise as defined in Section 23039 of the Califomua Business and
Professions Code.
• The gross sales of alcobolic beverages shall not exceed 40 percent of the
gross sales ofall retail sales during any three (3) month period. The
applicant shall maintain records on a quarterly basis indicating the sepazate
amounts of sales of alcoholic beverages and other items. These records
shall be made available for inspectionby any City of Anaheim official
when requested.
m That there shall be no live entertainment, amplified music or dancing
pernutted on the premises at any tnne without issuance of proper permits as
required by the Anaheim Municipal Code.
o That the sales of alcoholic beverages for cansumption off the premises
shall he prohibited.
o Thexe sball be no admission fee, cover charge, nor m;n;mum purchase
required.
• That there shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from wiflun, promoting or indicating the
availability of alcohol beverages, with the exceprion of one (1) sign
indicating cocktails'.
0 That the activit~es occurring in conjunction with the operation of these
establishments shall not cause noise disturbance to surrounding properties.
• That the business operator shall comply with Section 24200.5 of the
Business and Professions Code so as not to employ or permit any persons
to solicit or encourage others, d'uectly or indirectly, to buy them drinks in
the licensed premises under any commission, percentage, salary, or other
profit-sharing plan, scheme or conspiracy.
• At all times that entertainment or dancin is ermitted, securi measures
-16- PC2008-46
Responsible for
No. Conditions of Approval Monitoring
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.
o That all doors serving subject restaurants shall conform to the requirements
of the Uniform Fire Code and shall be kept closed and unlocked at all times
during hours of operation except for ingress/egress, to pemut deliveries and
in cases of emergency.
o That the outdoor dining area shall be completely enclosed by fencing or
other such permanent structure as approved by the City, at least forry (40)
inches in height, inko which entry is only possible from the interior of the
business. Emergency exits required by the Uniform Fire Code sha11 be
maintained, but not utilized by patrons/employees other than in an
emergency. Said information shall be shown on plans submitted for
building pernuts.
o Any and all security officers provided shall comply with all State and
Local ordinances regulating theu services, including, without limitation,
Chapter 11.5 of Division 3 of the California Business and Profession Code.
(Section 4.16.070 Anal~eim Municipal Code).
69 That the following conditions shall apply to the self storage facility: Code
Enforcement
• That any on-site maintenance or repair of recreational vehicles, cars, boats, ,
personal watercrafr, motorcycles, or trailers, shall be prohibited.
o That no public sales of propane gas or the public use of dumping stations
shall be permitted at this property. A maxunum of one (I) sanitary dump
station, for the use of tenants only, shall be permitted. A plan showing the
location of said facility shall be submitted to the Plauuing Department for
review and approval.
• That no commercial tractor trailers or 18-wheel vehicles sball be pernutted.
a That no storage of inoperable velucles shall be pemutted and that no
unlicensed vetucles sha11 be stored at the site.
, That any and all security officers provided shall comply with all State and Local Police/Code
~O ordinances regulating theu services, including, without limitation, Chapter 11.5 Enforcement
of Division 3 of the California Business and Profession Code. (Section 4.16.070
-17- PC2008-46
Responsible for
No. Conditions of Approval Monitoring
Anaheun Municipal Code).
The activities occurring in conjunction with the operation of this establislunent Police/Code
71 shall not cause noise disturbance to surrounding properties. Enforcement
That on-going during project operarion, the property shall be permanently Code
~~ maintained in an orderly fashion throueh the provision of rea lar landscaping Enforcement
maintenance, removal of trash or debris, and removal of graffiti within twenty-
four (24) hours from the tune of discovery.
That during construction, an all-weather access road as approved by the Fue Fue
73 Aepartment shall be provided.
* Mitigation measures from the previously-approved Mitigation Monitoring Plan No. 119 have been
incorporated into tlus resolution as conditions of approval.
BE IT RESOLVED that the Anaheim Planning Commission does hereby fmd and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with
each and all of the conditions herein set forth. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the fmal judgment of any court of competent jurisdiction, then
this Resolution, and any approvals herein contaiued, 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 15 days of the issuance of the final invoice, prior to the issuance of building permits or
commencement of activity for this project, whichever occurs first. Failure to pay a~l charges shall
result in delays in the issuance of required permits or the revocation of the approval of this
applicarion.
THE FOREGOING RESOLLIT'ION was adopted at tlae Planning Commission
meeting of April 14, 2008. Said resolution is subject to the appeal provisions set forth in Chapter
18.6Q "Procedures" of the Anaheizn Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
/
_ -"~~'~~-, , ~~~;-f_ ~
C , A~IAHEIM PL I~WG COMNIISSION
;r
ATTEST:
/C~Piw+-w-i ~~' C~8'~c~
SENIOR SECRETARY, ANAHEIM PLANNING COMIvIISSION
-18- PC2008-46
STATE OF CALIFOItNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAI~IM )
I, Eleanor Moms, Senior Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoina resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on April 14, 3008, by the following vote of the members thereof.
AI'ES: COMNIISSIONERS: AGARWAL, BiTFFA, EASTMAN, FAESSEL, KARAICI,
ROMERO, VELASQUEZ
NOES: CONllVIISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
iN WI1"NESS WHEREOF, I have hereunto set my hand this ~I S~ day of
~, ~008. ^ .
- 1 n
SECRETARY, ANAHEIM PLANNING COMIVIISSION
-19- PC2008-46
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Source: Recorded Trzct Maps and/or City GIS.
Please note the accuracy.is +/- pyp to five feet.
~ Subject Property
Conditional Use Permit No. 2002-04603
(Tracking No. CUP2008-05308)
Public Convenience or Necessity No. 2002-00008
(Tracking No. PCN2008-00041)
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200-328 North Beach Boulevard and 2951-2961 West Lincoln Avenue
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