Resolution-PC 97-121~ ~
RESOLUTION NO. PC97-121
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3957 BE GRANTED, IN PART
WHEREAS, the Anaheim Ciry Planning Commission did receive a verified ~etition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1:
THAT PORTION OF THE SOUTH4VEST QUARTER OF THF SOUTHWEST QUARTER
OF FRRCTIONAL SECTIOP~ 24 TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RAPdCHO SAN JUAN ~AJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, F1S SHOWN ON A MAP RECORDE~ IN BOOK 51,
_ PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYlNG SOUTHERLY OF'THE SOUTHERLY LINE dF
7HE LA,N!~ UESCRIBED IN THE DEED TO THE SANTA FE RAILROAD COMPAiVY
(FORMERLY THE CAUFORNIF, CENTRAL RAILWAY COMPANY) RECORDED MAY 4,
1~62 IN BOOK 609$, PAGE 393 OF OFFICIAL RECORDS.
PARCEL 2:
THAT PORTION OF LOT 5 IN TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE ~F CALIFORNIA, AS PER MAP RECORDED IN BGOK 10, PAGE
22 OF MISCELLANEOUS MAPS, IN THF_ OFFICE OF THE COUNTY RECORD~R OF
SAID COUNTY, LYING NORTHERLY OF THE CENTERLINE OF KATELLA AVENUE,
AS DESCRIBED IN THE DECREE OF CONDEMNATION, RECORDED JULY 8, 1960
IN BOOK 5321, PAGE 397 OF OFFiCIAL RECORDS.
EXCEF' i"T~iAT PORTION OF:SAID LAND LYING EASTERLY OF THE EAST LINE OF .
THE LAhD DESCRIBED IN DEED TO MAURICE E. BIVENS, ET UX., RECORDED
JUNE 17, 1927 IN BOOK 62, PAGE 45 OF OFFICIAL RECORDS.
SAID LAND IS INCLUOED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK
51, PAGE 38 OF RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER.
WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 18, 1997 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Cooe, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection fherewith; and that said public hearing
was continued to the September 3, 1997 Planning Commission meeting; and
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WHEREAS, said Commission, after due inspection, investigation and study made by itseif
and in its bai~alf, and after due consideration of all evidence and reports offered at said hearing, does
find and determine the following facts:
1. That the proposed use is properly one for v~hich a conditional use permit is authorized
by Anaheim Municipal Code Sections 18.05.042, 18.05.043 and 18.41.050.220 to construct an 8-lot,
planned "mixed-use" commPrcial center, inciuding a 140-room MaRiott Towne Place Suites hotel, a drive-
through fast food restaurant, up to five semi-enclosed restaurants with sales of alcoholic beverages for
on-premises consumption, retail, office and bank uses, a fitness center, and up to 5 monument signs with
waivers of the following:
(a) Section 18.01.130 - Reauired lot frontape.
(b) Sections 18.04.060.013 - Minimum landscape setbacks.
and 18.41.063.040 101 trees required along Katella Avenue and State College
Boulevard; 71 trees proposed)
(c) Sections 18.04.060.050 - Minimum parkinq lot landscaoina.
and 18.41.063.040 (One ~andscaped break is required per maximum 10 aarkinq
snaces in row; up to 23 saaces without a landscaped break
propos2d)
(d) Sections 18.05.092.010 - Maximum aqqreqate area of siqnaqe in
and 18.45.067 the CO Zone.
(2:.i~ s.ft. of aggregate signage per street frontage permitted;
up :0 700 sq.ft. per frontage for office proposed)
(e) Sections 18.06.050.0212 - ~~finimum number of parkinq s~aces.
18.06.050.022 "1~ .023 required; 710 proposed and concurred
18.06.050.0221 with by the City Tra~c and Transportation
1 E.06.050.0232 Manager)
18.06.050.0233
18.06.050.0241
18.06.050.02555
and 18.41.066.050
(~ Section 18.41.063.010 - Minimum structural setbacks ad'acent to arterial hi hwa s.
(g) Section 18.41.063.030 - Minimum structural setbacks adiacent to
interior site boundarv iines.
(10-foot landscaped setback is required; 3Yz to 10 feet
proposed abutting the railroad right-cf-way)
2. That waivers (a) and (~, required lot frontage and minimum structural setbacks adjacent
to arterial highways, are hereby denied because they were deleted l~y changes to the plans following
public notification;
3. That waiver (b), minimum iandscape setbacks, is hereby granted on the b2sis that the
proposed landscape plan (including upgraded hardscape and planting materials, and total number of
trees in the front sQtback and parkway) accompiishes the goals of landscaping required by Code;
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4. That waiver (c), minimum parking lot landscaping, is hereby granted on the basis that
although the tree spacing requirement between parking spaces does not meet Code, the overall number
of trees in the parking area exceeds Code, and that the petitioner has agreed to provide an additional
5 trees in the parking lot;
5. That waiver (d), maximum aggregate signage per street frontage, is hereby granted on
the basis that there are special considerations with regard to signage due to the mixed use aspect of
this project thereby distinguishing it from other CO-zoned prQperties, and that the proposed sign program
is appropriato for this proposal at this specific location;
6. That waiver (e), minimum numbe~ of parking spaces, has been substantiated by a parking
study prepared by a registered traffic engineer; and that the City Traffic and 7ransportation hianager
reviewed the study and concurs that the proposed parking supply is adequate for the pioject as
designed;
7. That the waiver (e), pertaining to minimum number of parking spaces and under the
conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the
number of such spaces necessary to accommodate all vehicles attributable to such use under the normai
and reasonably foreseeable conditions of operation of such use;
8, That the parking waiver, under the conditions imposed, will not incr~:ase the demand and
cumpetition for parking spaces upon the public streets in the immediate viciniry of the proposed use;
9. That the parking waiver, under the canditions imposed, will not increase the dem2nd and
competition for parking spaces upon adjacenl private property in the immediate vicinity of the proposed
use (~.~ich property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of this Code);
10. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking ares~ or -ots provided for such use;
11. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vir,inity of the proposed
use;
12. That waiver (g), minimum structur~l setbacks adjacent to interior site boundary lines, is
hereby granted on the basis that t~iere are special circumstances applicable to the property consisting
of its irregular shape and frontage on two arterial highways witn critic:al intersectian dedication, which do
not apply to other identically zoned prcperties in the vicinity and which make compliance with the interior
setback requirement di~cult;
13. That strict application of the Zoning Code deprives the property of privileges enjoyed by
othe~ properties under identical zoning classification in the vicinity;
14. That the proposed use is properly one for which a conditional use permit is authorized
by the 7.oning Code;
15. That the proposed use wili not adverseiy affect the adjo;ning land uses and the growth
and development of the area in which it is proposed 'c be locat~d;
16. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detsiment3l to the particular area nor to the peace,
health, safety and general welfare;
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17. That the traffic generated by the proposed use will not impose an ~~ndue burden upon
the streets and highways designed and improved to carry the traffic in the area;
18. That the granting of the conditional use permit, under the condi:ions imposed, will not
be detrime~tal to ths peace, health, safety and general weifare of the citizens of the City of Anaheim;
and
19. That no one indicated their presence at said public hearing in opposition; and that no
corcespondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Pianning Commission has reviewed the proposal to construct an 8-lot, planned "mixed-use" commercial
center, including a 140-room Niarriott Towne Place Suites hotel, a drive-through fast food restaurant, up
to five semi-enclosed restaurants with sales of alcoholic beverages for on-premises ccrosumption, retail,
office, bank, and a fitness center and up to five monument signs on a 11.9 acre irregulariy-shaped
proporty located at the northeast comer of Katella Avenue and State College Boulevard, and having
approximate frontages of 71U0 feet on the north side of Katella Avenue and 750 feet on the east sid=
of State College Boulevard (2001 - 2221 East Katelia Avenue and 1750 South State Coliege Boulevard;
and does hereby approve the Negative Declaration upon finding that the decla;ation reflects the
independent judgement of the lead agency and that it has considered the Negative Declaration together
with any comments received during the public review process and further finding on the basis of the
initial study and any comments received that there is no substantial evidence that the project will have
a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Pennit, in part, upon the felluwing 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 weifare of the Citizens of the City of Anaheim:
1. That plans shall be submitted to the City Tra~c and Transportation Manager for review and
approval showing conformance with the Iatest revisions of Engineering Standard Plan hos. 436
and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be cleveloped and maintained in conformance with said plans.
2, That prior to the issuance of a building permit for any drive-through facility, the drive-through
lane shall be reviewed and ~,p;..roved by the Ciry Tra~c and Transportation Manager.
3. That prior to issuance of any permits for any signs or iences or walis in the front setbacks along
Katella Avenue or State College Boulevard, plans shall be submitted to the City Traffic and
Transportation Manager for review and approval showing conformance with Engineering
Standard Detail No. 137 pertaining to sight distance visibility for the ~ign or wali/fence location.
4. This cond'rfion was deleted.
5. Tnat the developer shall comply with Chapter 14.60 of the Maheim Municipal Code and
Resolution No. 91 R-89 relating to Transportation Demand Management by joining and financialiy
participating in the A7iV and Clean Fuei Shuttle Program and by installing bicycle racks.
6. That the property owner or developer shall pay twenry five percent (25%) of all traffic signal
maintenance costs or extraordinary maintenance, unrecoverable and electrical costs for the
traffic signal at the new intersection on Katella Avenue. The City of Anaheim wili bill for these
costs on a regular basis.
7. This condition was deleted.
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8. That the legal property owner shall submit an application to the Public Works Department
(DevElopment Services Div~~ion) to abandon any streat rights-of-way, slope easements and
public utility easements that are not needed or are in conflict with tho proposed development.
The abandonments must be submittad to and approved by the City Council prior to issuance of
the first b~ilding permit or concuRently with final parcel map approval, whichever occurs first.
9. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim the street
rights-of-way on K~lella Avenue and State College Boulevard in corformance with the Katelia
Smart Street program, critica~ intersection program, and oroject improvements as shown on the
approved site plan. A public utility easement shall be c~ranted over the private street. Addition2l
public utility easements shall be dedicated to support project development as required by the
Water Engineering Division and the Electrical Engineering Division. 1'he ircevocable offers of
dsdication shall be made on the final parcel map or by separate document prior ta iss~ance of
the first building permit, whichever occurs first.
1G. That the developer shall submit street improvament plans (including OCTA bus pads, median
island and slriping) to tiie Public Works Departme~t, Development Services Division, to widen
State College Boulevard and Katella Avenue and to construct the private streel. Security shall
be posted for the public improvements in an amount approved by the City Engineer and form
approved by the City Attomey prior to issuance of the first building permit or final p3rcel map
approval, whichever occurs first.
11. That the vehicular and pedestrian access, extending fram Katella Avenue to State Colle~e
Boulevard, shali be developed as a private street. The travel lanes shali be a minimum twenty
eight (28) feet wide, curb to curb. A sidewalk, minimum four (4) feet wide, shall be provided on
the north side of the street. No parking shall be permitted on the private street. An easement
shall be dedicated to the City of Anaheim for the curb to curb width for Public Utiiity pwposes,
including ingress and egress righls for maintenance, on the final parcel rnap or by separate.
document prior to the issuance of the first building permit, whichever occurs first. The street
name for the private street shall be approved by the Building Division prior tc~ final map
approval.
12. Tha! prior to issuance of the first building pemiit or final parcel map approval, whichever occurs
first, the developer shali submit a water qualiry management plan (WQ~~AP) specifically identifying
the best management practices that will be used on site to control predictabie poliutants trom
stormwater runoff. 7he WQMP shall be submitted to the Public Works Engineering Department,
Development Services Division, for review and approval.
13. That street lights shall be installed along State Coliege Boiilevard and Katella Avenue in
locations specified by the Electrical Engineering Division anc in accordance with specifications
on file in the Office of the Utilities G~neral Manager. Prior to issuance of the first building
permit, the street Iigl~ts shall be instalied or a bond sha~l be posted in an amount approved by
the Electrical Engineering Division and a form approved by the Ciry Attomey to guarantee
installation prior to final building and zoning inspection.
14. That subjFlct property shalt be served by underground utilities.
15. That aubject property shall be served with an underground electrical backbone and distribution
system. All ccst for substructures and conduit shall be paid by the developer. Location wili be
determined after final approval of site plans. The pole line on State College Boulevard and
Katelia Avenue shall be u~~orgrounded at the deveioper's expenso. All above-ground
equipment shall be screened from view to the satisfaction of the Planning Department.
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16. That the water backflow equipment and any other large water system equipment shall be
installed to the satisfaction oF the Water Utility Divis~or in either undergrour!d vaults c~ ~~er.... '.
the street setback area in a manner fully screened from a!' public streets. The precise lo: at~on
and method of screening shall b~ approved by the Planning Department.
17. That if this project has landscaping areas exceeding two thousand five hundred (2,500) square
feet, a separate iRigation meter shall be instal~ed in compliance with Chapter 10.19 "Landscape
Water Efficiency" of the Anaheim Municipal C~de.
18. That no Special Event Permits (except for "Grand Opening" banners), as defined by the Zoning
Code, shall be permitted unless a Special Circumstances Waiver is first obtained. My proposal
for such waiver shall include:
(a) specific site plan(s) showing where the event shall take placa,
(b) operational details of the event,
(c) any proposed signs, barn7ers or other temporary signage,
(d) period of time durin~ which the event will take place,
(e) the hours of cperat~un (if appropriate), a~d
(~ any other details required to fully describe the event.
However, future establishment signs for each business will be permitted in accordance with
Section 18.05.073 "Future Establishment Signs" of the Zoning Code.
19. That no freestanding monument signs shall be permitted for the hotel. Signs for the .hotel shall
be iimited to wall signs consisient with the "Major Tenant" criteria of the approved Sign Program
(Exhibit No. 22).
20. That one (1) monument type sign shall be permitted facing the intersection of Katella Avenue
and State College Boulevard of the size and design shown in the appruved Sign Program;
provided, however, that said sign shall be an identification sign for Stadium Crossings (or such
other name as may be selectgd for this entire mixed use project) and may identify not more
than two (2) major office or pad tenants of ihe project provided, however, if the garde~ wall
monument siqns for the Fast Food Restaurant (Parcel 6) are deleted, the maximum number of
identified major tenants shall be three (3). For the purposes of signage, a"major tenant" shail
be as described in the Sign Program (Exhibit No. 22).
21. That two (2) monument tenant identificati~n signs shall be permitted, one facing Katelta Avenue
and the other facing State College Boulevard. Each sign shall be as shown on the approved
Sign Program (Exhibit No. 22). Said Program provides for up to four (4) ~enants on each sign.
No advertising other than tenant n3mes andlor logos shall appear on these signs.
22. That within a period of sixry (60) days followina issuaRCe of permits for the two (2) t.enant
identification signs and the one (1) monum9nt sign facing the intersection of Katella Avenue and
State College Boulevard, the two (2) existing pole signs advertising Community Bank shall be
removed.
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23. (a)
(b}
That the only outdoor uses permitted in connection with this conditional use pe~mit shall be
the existing Community Sank automatic tell~r machine (ATM) and those uses specifically
identified herein and on the approved exhibits. Permitted ou4door uses (identified on the
approved exhibits) include the hotPl pool and spa, outdoor seating associated with the full
service restaurant on Pad E(Parcel 5}, the fast food restaurant and the food uses located
on Pads A, B, C and D(Parcels 7 and 8). Perimeter fencing andlor barriers for such
outdoor seating are~a, as required by the D°pa-tment of Alcoholic Beverage Controi (ABC)
or the Pianning f7epartment, shall be uniform in design and appearance and shall be
maintained in a neat and orderly fashion. No advertisement of any alcoholic beverages
shall appear on such outdoor furniture.
Except as permitted herein, no other outdoor uses whatsoever (including, but not limit~d to,
carts, kiosks, automatic teller machines (A.T.M.) except as specifically approved for the
;,ommuniry Bank, ice machines, vending machines, etc.} shall be permitted unless
.,pscifically app~oved in connection with another conditional use permit or variance.
24. That there sha11 be no outdoor play ground or play equipment in connection with the drive-
through fast food restaurant on the Fast Food Pad (Parcel 6). '
25. That the cnly drive-through lanes permitted with this conditional use permit are the two (2) drive
throu~h teller lanes in connection with the existing bank (Community Bank) and one (1) drive-
througn lane for the fast food restaurant as shown on the approved exhibits.
26. That the maximum number of tenant businesses on each parcel shall be Iimited to the following:
Pad A(Parcel 7): Three (3) units
Pad B(Parcel 7): Four (4) units
Pads C and D(P2rcEl 8): Five (5) units
Pad E(Parcel 5): One (1) full service, sit down restaurant with a minimum floor area of
five thousand (5,000) sq.ft.
5ank (Parcel 2): One (1) tenant and/~r multiple business o~ces
Fast Foo~ Pad (Farcel 6): One (1) tenant
Except as specified herein, all other tenants and uses shall be as specified on the approved
exhibits. if additional businesses or changes to the floor areas are proposed, new conditional
usQ permit(s) may be submitted and approved for such specific use(s) and/or change(s). Future
,~nants for Pads A, B, C and D shall be limited to the following ter~aiit list and similar tenants,
and that any non-similar tenant shall be submitted to the Planning Commission for review and
app:^~al as a"Re,oorts and Recommendations" item:
B vo
31 Flavors
Baja Fresh ~
Blimpies r
Brugger's Bagels
Callfornia Fresh~ Mexican
Cheasapeake Bagel
Chick-Fit-A ;
Ghick's Natural
C!arke's ~harcoal BrQiler
Coffee Qeanery
Cofiee Centrzlia
Cold Stone C~~eamery
Culinary V~raps
Dairy Quean
EI Pollo
Fat Burger
GNC
Griuo's Sandwiches
'rlansen's Juice
High Tech Burrito
Hogie Yogie
Java City
Johnny Rockets
Juice Club/Jamba Juice
Juice It Up
Juice Stop
Kelley's CoffeelChocolate
La-3alsa
Pasta ra
Pick-up Stix
Pizza Hut
PrestolCucina, Cucina
Rubio's Baja Grill
Schtoizsky's Deli
Seattle's Best
Starbuck's Coffee
Sub Station
Submarines
Subway
V`lestem Bagel
Winchell's Donut
N~ok Spirit
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Dietrich's Little Caesar's Pizza Worids Wraps
Domin~'s Pizza Los Primos Mexican Yoshinoya
Dunkin Donuts Manhattan Bagel Zu Zu Mexican
East Coast Bagels Noa.h's Bagels
Einstein Bagel Par,da Express
27. That, in connection with this conditional use permiZ and except as otherwise specifically provided
herein, the sale of alcoholic beverages for on-premises consumptiAn shall be permitted only for
one (1) full-service, sit down restaurant on Pad E(Parcel 5); provided, however, that said
restaurant shall be the sole busiriess on Pad E and shall have a minimum gross floor area of
not iess than five thousand (5,000) sq.ft.
28. That if a permit for dinner dancing or for any other entertainment is sought for fhe five thousand
~5,000) to eight thousand (8,G00) sq.ft. restaurant on Pad E(Parcel 5), a specific request,
including a floor plan(sj showing where the dancing and/or entertainment will take place and a
letter of operation describing the proposal, shall be submitted to the Planning Commission for
review and approval as a"Rep~rts and Recommendations" item.
29. That, 'sn connection with this conditional use permit, the sale of beer and wine for on-premises
consumption shall be permitted for four (4) specified restaurants tenants on Pads A and/or B(as
identified and described in Item 2, paragraph (22), of the September 3, 1997 S4aff Report to the
Planning Commission) and as shown on the approved exhibits. If, however, a comparable
tenant is propesed as a replacement for a previously approved tenant, a substantiai
conformance request shall be subtnitted to khe Planning Commission for review and approval as
a "Reports and Recommendation" itern.
30. That all restaurants with on-premises sale and consumption of any alcoholic beverages, as
specifically approved in connection with this conditional u~e permit, shall continuously adhere to
the following conditions, as required by the Police Department:
a. That the establishment shall be operated as a"6ona Fide Public Eating Place" as defined
by Section 23038 of the C2lifornia Business and Professions Code.
b. That there shall be r ~ bar or lounge maintained on the property unless licensed by
Alcoholic Beverage Control and aporoved by the City of Anaheim, unless cle2~ly shown as
an accessory use to the primary dining area of the specified full-service sit-down restaurant
on Pad E
c. That food service with a full meal shall be availabls from opening time until either 11:00
p.m. or closing time, whichever occurs first, on each day of o~eration.
d. That there shall be no pool tables maintained upon the prEmises at any time.
e. That subjeck alcoholic beverage license shall not be exchan~ed for a public premises (bar)
type license nor shall the establishment b~ operated as a public premises as detined in
Section 23039 of the California Business and Professions Code. ,
f. That the sales of alcoholic beverages shall not exceed forty percent (40%) of the gross
~al~,s of alf retail sales during any three (3) month period. The applicanY`shall maintain
records on a quarterly basis indicating the separate amounts of sales of alcoholic
beverages and nther items. 7hese records shall be m~de available, subject to audit and,
when requested, inspection by any City of Anaheim a~cial during reasonable business
hours.
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g. 'T hat there shall be no live entertainment, amplified music or dancing permitted on the
premises at ar.y time without issuarce of proper permits as required by the Anaheim
Municipal Code.
h. That the saie of alcoholic beverages for consumption off the premises shall be prohibited.
i. That 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 aicohol beverages.
j. That the activities occurring in conj~mctionro I erlies, operation of this establishment shall not
cause noise disturbance to surrounding a P
{c, That saies, service and consumption of alcoholic beverages shall be permitted oniy
between t:~e hours of 9 a.m. to 11 p.m. daily for specified te~ants on Pads A and B,
_(Parcel 71 and from 9 a•m• !0 1:00 a.m. daily for the sit-down restaurant on Pad E(Parcel
5).
I. That 4he parking lot serving the premises shail b ea anlcee nd Iconduct of all pers nns on oer
to illuminate and make easily discemibie the app
about the parking lot.
m. That the business operator shall comply with Section 242U0.5 af the Business and
Professions Code so as not to ?mploy or permit any persons to solicit or encourage others,
directly ~r indirectly, to buy them drinks in the licensed premises under any commission,
percentage, salary, or other profit-sharing plan, scheme or conspiracy.
n. That ail doors serving subject restaurant shal{ corform to the requirements of the Uniform
Fire Code and shall be kept closed and unlocked at all times duriny hours of operation
except for ingresslegress, deliveries and in cases of emergency.
o. That there shall be no coin-operated telephones on the property ihat are located outside
the building and within the control of tne applicant.
p. That the outdo~r dining area shall be completely enclosed by fencing or other sur.h
permanent structure as approved by the City, at least forty (40) inches in height, into which
entry is only possible from the interior of the husiness. Er~iergercy exits required by the
Uniforrt+ "~ire Code sha11'be maintained, b~!t not utilized by patrons/employees other than in
an emergency.
31. Ti~at, unless specifically approved in connection with this conditional use permit, any proposals
for the sale of alcoholic beverages for on-premises consumption for any fuli service, sit down
restaurants or other foud service on Psds A, B, C and,`or D(Parcels 7 and/~r 8) shall first obtain
conditional use permit(s) for such specific use(s). Such proposa{(s) sha~l minimally include the
specific floor plan, tenant identification, and a letter of operation describing ihe proposal. If any
entertainment, including dinner dancing, is proposed, such information shall be included with
su~h condit~anal use permit(s).
32. That a plan sheet for solid waste storage and collection and a plan for recycling shall be
submitted to the Public Works Department, Streets and Sanitation Division, for review and
app{oval.
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33. That an on-site trash truck turn-around area shall be provided and maintained to the satisfaction
of the Public Works Department, Streets and Sanitation Division. Said tum-around are~ shall be
in conformar.ce with Engineering St2ndard No. 610 and shall be specifically shown a~t pians
submitted for building permits.
34. That the exterior posting or advertising of room rates or references to ~oom rates (i.e.,
competitive rates, low rates, etc.) for the hotel shall not be permitted.
35. That the hotel owner/manager shall maintain a complete guest registry or guest card system
which includes the full name, address, date of birth, and verified driver's license or legal
identification and vehicle registration number of all registered guests, date of registration, length
of stay, and room rate which shali be made available upon demand by any police officer, code
enforcement officer, or license inspector of the City of Anaheim.
36. That in connection with the hotel, a statement shall be pririted on the face of the guest
registration card to be completed by the guest when registering, advising that the registe~ is
oper, to inspection by the Anaheim Police Department or other City of Anaheim personnei for
law enforcement purpoaes.
37. That hotel guest rooms shall not be rentad or let for periods of less than twelve (12) consecutive
hours nor more than thirty (30) consecuti;re days, excluding ~ne (1) manager's unit.
38. That every occupied hotel guest room shall be provided with daily maid service.
39. That the hotel owner and/or management shall not knowingly rent or let any guest room to a
known prostitute for the purposes of pandering, soliciting, or engaging in the act of prostitution;
or to any person for the purpose of selling, buying, or dealing, rnanufacturing or ingesting an
illegal drug or controlled substance; or for the purpose of committing a crirninal or immoral act.
40. That no h~tel guest room shall be rented or let to any person under eighteen (18) years of age,
verified by a valid driver's license or other legal identification.
41. That all available hotel room rates shall be prominently displayed in a conspicuous place wilhiri
the office os• lobby area clearly visible to motel guests, and that the property owner and/or
management shall comply with the provisions of Anaheim Municipai Code Sectian 4.09.010
pertaining to the posting of room rates.
42. That the property owner/operator of the hotel shall comply with ihe provisions of Anaheim
Municipal Cude Section 2.12.020 pertaining to the operator's collection of transient occupancy
taxes.
43. That subject property, buildings and accessory structures shall comply with ail statutes,
ordinances, laws, or regulations of the Slate of Califomia, as adopted by the City of Anaheim,
including the Unifo~m Building Code, lSiiiform Housing Code, Uniform Fire Code, Uniform
Plumbing Code, National Electric Code, and the Uniform Mechanical Code.
_~ ~_ PC97-121
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44. That in conjunction with plans submitted for tihe first building permit, specific landscaping plans,
as shown on aporoved exhibits and including permanent irrigation facilities, shall also he
submitted for review and approval by staff. Said landscaping shall be installed aleng the entire
frontage of State College Boulevard and alvng the frontage of Katella Avenue from State
Collegz Boulevard to the new signalized intersecti~n. East of the new signalized intersection to
the raiiroad right-of-way, the proposed landscaping, as shown on the approved exhibits shali be
instafled to the top of the slope. A minimum four (4) foot high landsca~ed earthen berm shall
be incorporated into the perimeter fandscaping along the Katella Avenue frontage west of Pad A
(Parcel 7) to the sidewalk access to Pad E(Parcel 5) to effectively sc~een the drive-through lane
of the fast food restaurant and the adjacent ~parking areas from vehicles and pedestrians slong
Katella Avenue. Said land~caping and irrigation facilities shali havQ been installed prior to
issuance of an occupancy permit for the first building.
45. 7na~. in connect+on with plans submitted for the first building permit ~:or Pads C or D(Parcel 8) or
Parcel 3 of Tentative Parcel Map No. 97-155, the proposed landscaping east of the new
intersection on Kateila Arenue ~vithin khe front setback and the slope area at the grade
separation between Katella Avenue and the railroad, as shoH+n on approved exhibits and
including permanent inigation facilities, shall be installed as shown on the approved plans. Said
landscapiiig shail be completed prior to issuance of an occupancy permit for said first building.
46. That prior to issuance of the first building permit, plans for the traffic signal at the new
intersection on Ka~el!a Avenue shall be submitted to the Public Works-Engineering Departm~nt
for review and approval; and that prior to isst:ance of a building permit for the first building, a
bond or other security satisfactory to the City shall be posted with the City to ~uarantee
comoletion of s2id improvement. The traffic signal sha~l be completed and operational prior to
issuance of an occupancy permit for the first buiiding. The property owner or developer may
petition the City to create a reisnhursement d'+strict andfor reimbursement agreement for cost
sharing of fifty peroent (50%y of 4he signal cost.
47. TV7at prior to issuance of the first buifding peranit, plans showing the specific alignme~t, design,
etc., for tho twu (2) proposed private drives and the circulation road (as identified on the
approved exhibits) shall be submitted to the P:~blic Works Department for review and approval.
Construction of said private drives an~ the circulation road shall be completed prior to issuance
of an oa:upancy permit for ihe first building.
48. That arcy parcel not developed as part of the first phase, shall b~ hydroseeded or otherwise
treated in a metho~ acceptable to the Planning Department, and shall be continuously
maintained free of weeds and debris.
49. That any changes to the uses shown on the approved exhibits or othervvise specifically approved
in connection witt~ this conditional use p~rmit shali be submitted to the Planning Commission for
review and approval as a"Reporls and Recommendations" item. If the Planning Commission
finds that such proposal is not in conformance with the specifically approved uses, the petitioner
may be required to file and obtain approval of a new conditional use permit or such other
petition as may be appropriate.
50. This condition was deleted.
51. This conditian was deleted.
52. That the owner of suoject property shall be responsible for the removal of any on-site gra~ti
within twenty four (24) hours of its application.
-11- PC97-121
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53. 7hat the nwner of subject property shall submit a letter requesting termination of Conditional Use
Permit Nos. 690 (to permit a 3-story office building, restaurant and cocktail lounge, and
automobile service center) and 3406 (to permit one (1) firee-standing sign and five (5) monument
signs with waiver of maximum aggregate area of signage along Katella Avenue) to the Zoning
Division.
54. That the developer shall complete the Sanitary Sewer Capaciry Study in conformance with
Public Works Department procedures. The report must be approved by the City Engineer prior
to grading piar. approval or approval of the final parcel map, whichever occurs first. The
developer shall pay fair share Sewer Impact Fees towards future sewer upgrades within the
existing sev~er basin to accommodate future development conforming ~vith the current General
Plan. The ex.isting sewer basin is defined as all sewer lines currently connecting to the fifteen
111Gt1 (15") sanitary s~wer in State College Boulevard and the eight inch (8") sanitary sewer in
Katelia Avenue. The existing sewer basin does no4 include future disr,harge from additional
daveloPment at the property on the south side of Katella Avenue currently owned by the City of
Anaheim, also known as the Anaheim Stadium site.
55. That prior to grading plan approvai, the developer shall obtain a permit from the Oranc~e County
Flood Control District for grading and development within the OCFD easement.
56. That the developer shall compiete the Drainage Report in conformance with the Public Works
Department (Qevelopment Services Division) Drainage Design Manual and Title 17 of the
Anaheim Municipal Code. The report must be approved by the City Engineer prior to grading
plan approval or approval of the final parcei map, whichever occurs first. The Orange Counly
Flood Control DistricYs Southeast Anaheim Channel is deficient in capacity. The report shall
define the rssidual floodplain within the project site resulting from the dencient channel. The on-
site drainage system shall be designed to fufiy accommcdate a 10-year storm. The
development shall not cause State College 9ouleva~rd and Katella Avenun to exceed the
maximum allowable flooding width (i.e., top of curb) in a 25-year storm. The grading and
drainage system shali be designed to protect all structures in a 100-year storm. The required
drainage mitigation measures may result in a redesign of portions of the proposed development
projecL
57. That Pad E(Parcel 5) shall be limited to a full-service sit-down restaurant with sale of alcoholic
beverages for on-premises consumption. The future restaurant shall not be less than five
thousand (5,000) sq.ft. gross floor are~; ~nd that the specific floor plan and exterior elevatians,
and a letter of operation shall be submitte~i to the Planning Cortimission for review and ~pproval
as a"Reports and Recommendations" item prior to the issuance of the building permit ior the
specific tenant. The future tenant on Pad E shall be on~ of the restaurants listed on Attachnent
A, unless a comparable tenant is approved by staff.
58. Th~t all signage for the mixed use commercial center shall be in cunformance with :he
submitted Sign Program (Exhibit No. 22) with the following modifications:
(a) That if the fast food restaurant is identifiedladvertised on any of the monument signs, the
two (2) proposed garden wall monument signs on Ka!eila Avenue shall not be permitted
and shall be deleted from the Sign Program.
-12- PC97-121
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(b) That the proposed ~ageantry banners and hotel n~onument sign shall not be permitted and
shall be deleted from thP Sign Program.
Additionai modifications may be made if such modifications a~e subrnitted to the Planr:i:~.^;. .
Commission for review and approval as a"Reports and Recommandations" item.
59. That subjPCt property shall be developed substantially in accord,nce with pla~s and
sper,ifications submitted to the City of Anaheim by the petitioner and ~hic's~ plans a~e on file with
the Plarning Department marked Exhibit Nos. 1 through 6 and 10 thrnugh 22, and as
conditio~ied herein; provided, however thatr
(a) Th~: fast fcod drive-through restaurant (~a~l': Jr.) iocated on Parcel No. 6, shali use th~
"Southerr~ Califomia" theme shown an Exhibit Nos. F aiid 6;
(b) Two (2) "garden wall monument" signs mey be constructed for the fast food restaurant
(Cari's Jr.) in which case only two (2} tenant identification panels shall be permitted on the
monurr~ent sign facing the Katelia AvenuelState College Etoulevard intersection.
(c) That five (5) more trees shall be provided in the parking lot, in addition to the number
shown on the approved landscape plan (Exhibit No. 2).
The approved ex'~ibits consist of the foliowing:
Entire site Exhibit No. 1-A Site plan
Exhibit No. 1-B Site plan overlaid with parcel
numbers
Exhibit ~lo. 2 Landscape plan
Parcel 6 Exhibit No. 3 Fast food restaurant (Carl's Jr.)
streetscape, elevations and sections
Exhibit No. 4 Fast food restaurant site plan
Exhibit No. 5 Fast food restaurant "Southern
California" theme elevations
Exhibit No. 6 Fast food resiaurant "Southern
California" theme elevations
"Conveniional" theme elevations for
~ the Carfs' Jr. fast (ood restaurant,
were not approved
Parcel 1 Exhibit No. 10 Hotel floor plan
Exhibit No. 11 Hotel floor plan
Exhibit No. 12 Exhibit No. 12 Hotel elevation
Parcel 3 Exhibit No. 13 Heaith club elevations
Parcels 7 and 8 Exhibit No. 14 F~oor plans and elections for multi-
tenant Pads A and ~, and Pads C
and D
-13- PC97-121
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Parcels 2 and 4 Exhibit No. '.5 3-story ~ffice b~;iid~n.g floor ~ian and
elevations, an~+ ex'rsting bank
elevations
Exhibit No. 16 CriYical intersection ptan
Parcels 7 and 8 Exhibit No. 17 Suite 205 plans
Multi-tenant floor plans (Pads A ar~d
B,and Pads C and D)
Exhibit A1o. 1 B Togo's flnor ~lan
Ex'hibPt No. 19 Rubio's Baja Grili floor plan
Exhibit No. 20 Cucina! P~esto! floor plan
Exhib6t No. 21 ~resca's Mexican Grill floor plan
Exhibit No. 22 Stadium Crossings Sign Ptogram
(6ooklet. dated June 19, 1997)
60
61
62.
That prior to issuance of the first bu+lding permit ar within a peri~d of eighteen (18} rnonths
from the date of this resolution, whichever occurs first, Cond'+tion Nos. 1, 8, 9, 'ifl, 12, 13, 32,
33, 44, 45, 46, 47 and 53, above-mentioned, shall be complied with. Extensions fior iurlt~er
time to complete said conditions may be granted in accordance wit~ Sectior~ 18.~3.090 ef the
Anaheim Municipal Code.
That prior to finai building and zoning inspections for the first building or fo~ each buiidirg, as
determined to be appropriate by the City, Candition Nos. 11, 15, ".6, 17, 43, A8 and 59,
above-mentioned, shall be complied with.
That approval of this application constitules approval of the proposed request only to the
extent that it complies wilh the Anaheim Municipal Zoning Code and any +othe~ applicable
City, State and Federal regulations. Approvai does not include any action or findings as to
compliance or approval of the rec~uest regarding any other applicnbis ordinance, regulation or
requirement.
BE IT FIJRTHER RESOLVED that the Anaheim City Planning Commisyion daes
hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions hereinabove set forth. Should any such s.ondition, or
any part thereof, be declared inval'sd or unanforceable by ttie final judgment of any ccurt of
competent jurisdiction, then this Resolution, and any approval~ herein contained, shall be deemed
null and void.
-14- PC97-121
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.. ~:" ~REGOING RESOLUTION was adopted at the Planning Commission meetin5
of September :s, 1::a~ . ' ,.~
.~; ~~
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~ue~RPERSC?N A~IAi~itltd ClTY PLAPINING CO'J~~tlflSSION
A7TEST:
l~. t~ Q a_1. ~'.~-~``„~~'
SECRETARY, At3AHEIM C1TY PLANNING C~MArIiSSION
STAT~ 'OF CAUFORNlA }
COISNTY OF C3F~ANGE ) ss.
C17Y C~F ANAiiEIM )
I,Osbelia Edmund,son, Secretary of ~he Anaheim City Planning Commission, do
hereby ~~~fY Comm ss on9held on September 3, 1997, bydthe follow ng vote of hef inembe shtheceof:
C'rty Planning
~yEg; COMMISSIONERS: NONENICK, BbYDSTUt~, BRISTOL, ~1ENNINGER, MAYER, NAPOLES, PERAZA
NOES: COMM
A85ENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunta sot my hand this .~ 3 ciay oF
~~-t-e-.:~~_~ 1937. J
m ~ ~
SECRE3ARY, ANAHEIM CITY PLANNIN~ COMMISSION
PC97-121
-15-
HTTACHMENT "A"
F~,RCEL E "'
RFSTALIRAAI~'c• .
Art1~fiGl1'! Of~ $~~ ~ •
~Pp~~s
Bandtta
Bib $uck Bro~wery d, $ts~khouss
8lack Argus
Black Eyed Pea
6onanza Steakhouse
Boston Market
Califomia Piu:a Kitchens
Champs Sports Bar
Cheesecake Factory
Chevy's
Chilli s
Chubby's
Claim Jumper
Crocodile Caf~
Daily Griil ~
Fresh Choice
Gordon B(rch Brewery
Hard Rxk CatB • '
Hops! & Bistro & Brewery •
Houston's
IHOP
Islands -
Jose's Mexlqn Food
Koo Koo Roo
Lonestar Steakhouse
Louise's Trattoria
Macroni Grill
Milano's Italian I~tchen
Monterey Pasta Ca.
Mum's Restaurant
On the Border
Peter Piper Piaa •
PF Chzngs
Pistol Pete's Pirza
Planet Holiywood
Red Lobster
ReC Rcbin
~ock 9ottom Brewer~
~c~rc Table Pizza
, .uC~.'s Direr
~:.:~'s Chris Steakhouse
Saic Creek Gnll ~
S;uar. Anderson's/Black Angus
Tcry Romas `
TGI r"rid~ys
Wolfgang Puck CafA
c:lcrdlfritzldatabase.info.~ds
.. ._. .._.__ . .. .. .._ p~ .y ~._.~~ ~ -
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PARCELS A,B,C 6 D
31 Flavors
Baja Froah
8limpies
Bru99ors Bsqels
Califomia Fresh Mexkan
Cheasapeake BagelBakery
Chick-Fit-A
Chick's Natural
;:larke's Charcoal Broiler
Coffee Beanery
Coffee Centralia
Cold Stone Creamer~
Culinary Wreps
Dairy Queen
Di~2rich's
Domino's Piaa
Dunkin Donuts
East Coast Bagels
Einstein Bagels
EI Pollo
Fat Burger
GNC
Griuo's Santlwiches
Hansen's Juice
High Tech Burrito
Hogie Yogie
Java City
Johnny Rockets
Juice Club/Jamba Juice
Juice It U~
Juice Stup
Kelley's Coffee 8~ Chocolate
La Salsa
LitUe Caesar's Piaa
Los Primas Mexican Food
Manhattan Bagels
Noah's Bagels
randa Express
Pas;a 9ravo
? c:<•~o Stix
?'.~3 '~L:t
?res:c (Cucira! Cucina!}
~;.c~o's 3aja Grill
Scn:cizsky's Deli
Seattle's 8est
Scarbuck's Coffee
c:lcrdlhitzldatabase.infoads
C~T`~:._; .,'~
Topo's
Westem Bapel
VVfnchelPs Oonuts
Wok Spirit
Wo~td Wraps
Yoshinoya Beef 8owl
Zu Zu Mexican Food
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