Resolution-PC 99-69t2ESOLUTIOtJ NO. PC99-69
A RESOLUTION OF THE ANAHEIM CITY PL..'~NNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMI7 NO. 4096 BE GRANTED IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County ~f Orange, State
of California, described as:
THAT PORTION OF THE RANCHO CANON DE SANTA ANA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY PROLONGATION OF THE EASTERLY
LINE OF TRACT NO. 9169, AS SHOWN ON A MAP i2ECORDED IN BOOK 381, PAGES 24
AND 25 OF MISCELLAPJEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, SAID P~INT BFING DISTANT SOUTH S° 33' 37" EAST, 989.06 ~EET
ALONG SAID EASTERLY LINE FROM THE MOST NORTNERLY CORNER OF SAID
TRACT, SAID POINT BEING ON A NON-TANGENT CURVE, CONCAVE NORTHERLY
AND HAVING A RADIUS OF 1055.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID
POINT BEARS SOUTH 7° 31' 28" EAST, SAID POINT ALSO BEING HEREINAFTER
REFERRED TO AS "POINT A"' THENCE WESTERLY 344.41 FEET ALONG SAID CURVE
TNROUGH A CENTRAL ANGLE OF 18° 42' 17"; THENCE TANGENT TO SAID CURVE
NORTH 78° 49' 11" WEST, 214.13 FEET; i HENCE NOR ~ H 42° 21' 27" WEST, 21.06 FEET
TO A POINT ON A NON-TANGENT CURVE , CONCAVE WESTERLY AND HAVING A
RADIUS OF 278.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS
SOUTH 83° 50' 05" EAST; THENCE NORTHERLY 96.53 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 19° 53' 42"; THENCE PIORTH 27° 39' 16" EAST, 23.94
FEET TO A LINE WHICH IS PARALLEL WITH AND 45.00 FEET SOUTHERLY FROM THE
CENTER LINE OF LA PALMA AVENUE AS DESCRIBED IN THE DEED TO THE COUNTY
OF ORANGE, RECORDED DECEMBER 14, 1972 fN BOOK 10469, PAGE 876 OF
OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH
72° 31' 57" EAST, 186.63 FEET ALONG SAID PARALLEL LINE TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE NORTHWESTERLY ANt~ HAVING A RADIUS OF 67.00
FEET; THENCE NORTHEASTERLY 82.83 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 70° 49' 51" TO SAID CENTER LINE OF LA PALMA AVENUE;
THENCE EASTERLY ALONG SAID CENTER LINE THE FOLLOWING COUftSES: NORTH
72° 31' S7" EAST, 281.88 FEET AND EASTERLY 31.31 FEET ALOIJG A TANGENT
CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1200.00 FEET AND A
CENTRAL ANGLE OF 1° 29' 41" TO SAID EASTERLY LlNE OF TRACT NO. 9169; THENCE
SOUTH 5° 33' 37" EAST, 399.26 FEET ALONG THE SOUTHERLY PROLONGATfON OF
SAID EASTERLY LINE TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF A LINE WHICH IS
PARALLEL WITH AND 145.00 FEET SOUTHERLY FROM SAID CENTER LINE OF LA
PALMA AVENUE.
AND
THAT PORTION OF THE RANCHO CANON DE SANTA ANA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY PROLONGATION OF THE EASTERLY
LINE OF TRACT NO. 9169, AS SHOWN ON A MAF RECORDED IN B00{<381, PAGES 24
AND 25 OF MISCELLANEOUS ~tAPS„ IN THE OFFICE OF THE COUNTY rZECORDER OF
SAID COUNTY, SAID POINT BEING DIS7ANT SOUTH 5° 33' 37" EAST, 989.06 FEET
ALONG SAID EASTERLY LINE FROM THE MOST NORTHERLY CORNE~ OF SAID
CR3615PK.D0~ -?- PC99-69
TRACT, SAID POINT BEING ON A NON-TANGEPIT CURVE, CONCAVE NORTHERIY
AND HAVING A RADIi1S OF 1055.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID
POINT BEARS SOUTH 7° 31'28" ~AST, SAID POINT ALSO BEING HEREINAFTER
REFERRED TO AS "POINT A"; THENCE WESTERLY 344.41 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 18°42'17";THENCE TANGENT TO SAID CURVE
NORTH 78°49'11" WEST, 214.13 FEET; TFiENCE NORTH 42°21'27" WES7, 21.06 FEET
TO A POINT ON A NON-TANGENT CURVE, CONCAVE WESTERLY AND HAVING A
RADIUS OF 278.00 FEE'f, A RADIAL LINE OF SAID CURVE TO SAID PO(NT BEARS
SOUTH 83°50'OS" EAST; THENCE ~IORTHERLY 96.53 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 19° 53' 42"; TNENCE NORTH 27° 39' 16" EAST, 23.94
FEET TO A LINE WNICH IS PARALLEL WITH AND 45.00 FEET SOUTHERLY FROM THE
CE~4TER LINE OF LA PALMA AVENUE AS DESCRIBED IN THE DEED TO THE COUNTY
OF ORANGE, RECORDEQ DECEMBER 1~i, 1972 IN BOOK 10469, PAGE 876 OF
OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NOR7H
72° 31' S7" EAST, 186.63 FEET ALONG SAID PARALLEL LINE TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 67.00
FEET; THENCE NORTHEASTERLY 82.83 PEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE UF 70° 49' S1" TO SAID CENTER LINE OF LA PALMA AVENUE;
THENCE EASTERLY ALONG SAID CENTER LINE THE FOLLOWING COURSES: NORTH
72° 31' 57" EAST, 281.88 FEET AND E~STERLY 31.31 FEET ALONG A TANGENT
CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1200.00 FEET AND A
CENTRAL ANGLE OF 1° 29' 41" TO SAID EASTERLY LINE OF TRACT NO. 9169; THENCE
SOUTH 5° 33' 37" EAST, 399.28 FEE'f ALUNG THE SOU i HERLY PROLONGATION OF
SAID EASTERLY LINE TO THE POINT OF BEGINNING.
EXCEP I THAT PORTION THEREOF LYING SOUTHERLY OF A LINE WHICH IS
PARALLEL WITH AND 145.00 FEET SOUTHERLY FROM SAID CENTER LINE OF LA
PALMA AVENUE.
CITY OF ANAHEIM, A MUNICIPAL CORFORATION, (ACQUIRED BY FINAL ORDER OF
CONDEMNATION ENTERED IN CASE NO. 127381, SUPERIOR COURT OF ORANG~
COUNTY, A CERTIFIED COPY OF WHICH WAS RECORDED OCTOBER 26, 1967 AS
INSTRUMENT NO. 18791 IN BOOK 8417, FAGE 110 OF OFFICIAL RECORDS) AND
COUNTY OF ORANGE, BY DEED RECORDED DECEMBER 14, 1972 IN BOOK 10469,
PAGE 876 OF OFFICIAL RECORDS.
AND
THOSE PORTIONS OF THIRD CLASS LANDS ALLOTI'ED TO JESUS WILSON DE
SHORB AND R.G. DE LA RIVA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION
OF THE RANCNO CANNON DE SANTA AtJA, A CEEiTlFIED COPY OF WHICH WAS
RECORDE!? FcBRUARY 8, 1874 IN BO~JK 28, PAGE 158 O~ DEEDS, RECORDS OF LOS
ANGELES COUi~JTY, CALIFORNIA, BQUNDED AS FOLLOWS:
WE3TERLY BY THE EASTERLY LINE OF TRACT NO. 9169, AS SHOWN ON A MAP
RECORDED IN BOOK 381, PAGES 24 AND 25 OF MISCELLANEOUS MAPS, RECORDS
QF ORANG~ COUNTY, CALIFORNIA, AND THE SOUTHERLY PROLONGATION
THEREOF,
NORTHERLY BY THE SOUTHERLY LINE OF THE LAND CONVEYED TO THE
RIVERSIDE, SANTA ANA LOS ANGELES RAlLWAY COMPANY BY DEED RECORDED
JULY 9, 1886 IN BOOK 164, PAGE 611 OF DEEDS, RECORDS OF SAID LOS ANGELES
COUNTY,
CR3615PK.DOC -2- PC99-69
NORTHEASTERLY BY THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED AS
PARCEL 1 IN THE CORPORATION EASEMENT DEED RECORDED NOJEMBER 10, 1980
IN BOOK 13828, PAGE 115 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, AND
NORTHEASTERLY, EASTERLY AND SOUTHERLY BY THE SOUTHV+/ESTERLY,
WESTERLY AND NORTHERLY LINE OF THE LAND DESCRIBED IN PARCEL 11 ~.01 OF
THE EASEMENT DEED RECORDED JUNE 28, 1982 AS INSTRUMENT NO. 82-221347 OF
SAID OFFICIAL RECORDS.
EXCEPTING THEREFROM, ANY PORTION THEREOF GRANTED TO THE BOARD OF
SUPERVISORS OF LOS ANGELES COUNTY BY DEED RECORDED JULY 9, 1879 IN
BOOK 68, PAGE 569 OF DEEDS, RECORDS OF SAID LOS ANGELES COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 26, 1999 at 1:30 p.m., notice of said public hearing having been du!y given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to
hear and consider evidence for and against said proposed conditioral use permit and to investigate and
make findings and recommendations in connection therewith; and that said hearing was continued from
the meetings of MarcS 1 and April 12, 1999; and
WHEREAS, said Commission, after due inspection, investigation and study made by
Itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly onE for which a conditional use permit is
authorized by Anaheim Municip~l Code Sections 18.41.050.135, 18.41.050.183, 18.84.062.031 and
18.84.062.032 to permit a planned commzrcial office/light industrial center with roof-mounted eguipment,
with a semi-enclosed restaurant having sale of alcoholic beverages for on-premises consumption, with
building heights exceeding 35 feet (up to 43 feet, a inches proposed}, and with waivers of the foilowing:
(a) Sections 18.04.060.050 - Minimum oarkina lot landscaoinq.
18.06.030.040 (Landscaped separation required between everv 10 or
and 18.41.066.030 fewer oarkinq spaces in a row;
landscaping separating more than 10 spaces in a row
proposed)
(b) Sections 18.05.091.011 - Permitted_yt oe of commercial indentification siqn.
and 18.41.067
(c) Sections 18.05.Q91.014 - Maximum area of commercial identification sian.
And 18.41.067
(d) Section 18.41.061.040 - Minimum area oer lot.
(20.000 sa.ft. per lot required;
16.552 to 19,602 sa.ft. for Lot Nos. 3, 6, 8 and 10
proposed)
(e) Section 18.41.062.011 - Maximum structural height adiacent to a single-familv
residential zone.
2. That the waivers (a), minimum parking lot landscaping, is hereby approved on the
basis that there are special circumstances appiicable to this property consisting of its irregular shape and
topography, which prevents the parking lot design from complying with Code requirements for providing
landscaped breaks for every 10 spaces in a row; and that the approved plans show tree wells and
enlarged landscaped planter areas located at the ends of the aisles in order to compensate for the fewer
landscaped areas separating parking spaces.
CR3615PK.DOC -3- PC99-69
3. That the waivers (b), (c) and (d), pertaining to permitted type of commercial
identification sign, maximum area of commercial identification sign and maximum structural heiglit
adjacent to a single-family residential zone boundary, are hereby denied because revised plans
eliminating said waivers were submitted following pub~ic notification.
4. That waiver (d), minimum area per lot, is hereby approved on the basis that there
are special circumstances applicabie to this property cansisting of its irregular shape and topography,
which affects the tentative parcel map and the creation of minimum 20,000 sq.ft. parcels for Lot Nos. 3, 6,
8 and 10; and that although individual parcels may be sold, this office/iight industrial complex will be
managed as one integrated facility, with CC&R's governing the maintenance, design„ landscaping,
signage and other common aspects of the complex; and that an association, consisting of the property
owners, will be responsible for the management of this property.
5. That this conditional use permit is hereby approved, in part, to permit a planned
commercial office/light industrial center with a semi-enclosed restaurant and building heights in excess of
35 feet, but denying the proposed sale of alcoholic beverages for on-premises consumption in the semi-
enclosed restaurant and denying the roof-mounted equipment as shown on the submitted plans.
6. That the proposed roof-mounted equipment is denied on the basis that the
equipment cannot be completely screened from Weir Canyon Road.
7. That the proposed office/light industrial complex will not adversely affect the
adjoining single-family residences and the growth and development of the area because the project, as
approved, generally conforms with the development standards of the CO(SC) Zone with the exception of
two minor Code waivers.
8. That the size and shape of this large (16+ acre) site is adequate to allow full
development of this office/light industrial complex in a manner not detrimentai to the particular area nor to
the peace, heaith, safety, and general welfare based on the design, number of parking spaces in
compliance with Code and landscaping to buffer adjacent and nearby residences from the activities of the
businESSes operating within this complex.
9. That the traffic generated by this office/light industrial complex wili not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in tha area
because of the mitigation measures and conditions of approval, including installation of a traffic signal at
the main entrance into this complex which will allow for the free flow of traffic on La Palma Avenue and
througY~ the Weir Canyon RoadlLa Palma Avenue intersection.
10. That granting of this conditional use permit, under the conditions imposed, will not
be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
11. That three people indicated their presence at the public hearing in opposition to the
proposal; and that correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a planned commercial office/light industrial
center with a semi-enclosed restaurant with sale of alcoholic beverages for on-premises consumption,
with roof-mounted equipment, with building heights in excess of 35 feet, and with waivers of minimum
parking lot landscaping, permitted type of commerciai identification sign, maximum area of commercial
identification signs, minimum area per lot, and maximum structurai height adjacent to a single-family
residential zone on a irregularly-shaped 16.3-acre property located at the northwest corner of La Palma
Avenue and Weir Canyon Road, having frontages oF 1,643 feet on the north side of La Palma Avenue and
810 feet on the west side of Weir Canyon Road {8200 East La Palma Avenue); and does hereby approve
the Mitigated Negative Declaration upon finding that the declaration re0ects the independent judgment of
the lead agency and that it has considered the Mitigated Negative Declaration together with any
CR3615PK.DOC -4- PC99-69
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 17 RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Potition for Conditional Use Permit, in part, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That no driveways shall be permitted on Jenifer Drive.
2. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular traffic on the adjacent pubiic street. Installation of any gates shall conform to
Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City
Traffic and Transportation Manager.
3. That plans shall be submitted to the City Tra~c and Transportation Manager for review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436
and 602 pertaining to parking standards and driveway Iocations. Subject property shall thereupon
be deveioped and main!ained in conformance with said plans.
4. That the driveways on La Palma Avenue shali be constructed with ten (10) foot radius curb
returns as required by the City Engineer in conformance with Engineering Standard No. 137.
5. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
6. That the legal property owner shall provide an easement to the City of Anaheim consisting of
approximately eighty (80) sq.ft. within the landscaped setback area along La Palma Avenue for
installation of the traffic signal contraller cabinet. The plans for this area, inciuding landscaping to
screen the cabinet, shail be submitted to the City Tra~c and Transportation Manager and Zoning
Division for review and approval.
7. That the cost of tra~c signal maintenance, including preventive or extraordinary maintenance,
unrecoverable damages, and electrical costs shall be paid by the property owneddeveloper. The
City of Anaheim will bill for these costs on a regular basis.
8. That no parking shall be permitted along the street frontages of this property. The applicant shall
install "no parking any time signs" aiong Weir Canyon Road (Yorba Linda 8oulevard), La Palma
Avenue and Jenifer Drive.
9. That the developer shall submit a pedestrian circuiatio~ plan within this project to the Traffic and
Transportation Manager for review and approval.
10. That the property owneddeveloper shall install water back flow equipment above ground and
outside the street setback area in such a manner as to fully screen said equipment from all public
streets. Any other large water system equipment shall be installed to the satisfaction of the Water
Engineering Division in either underground vaults or outside the street setback area in a manner
fully screened from all public streets. Said information shall be specifically shown on plans
approved by Water Engineering and the Cross Connection Inspector.
11. That !he developedowner shall provide a detailed water usage analysis and building plans for
Water Engineering Division review and approvai to deterrnine the adequacy of the existing water
system to meet the projecPs water requirements. Any system improvements shall comply with
Rule No. 15A.6 of the Water lJtility', Rules, Rates and Regulations.
CR3615PK.DOC -5- PC99-69
12. That the developedowner shall submit a set of improvement plans to the Water tngineering
Division for review and approvai to determine the conditions necessary for providing water service
to the project.
13. That since this project has landscaping area exceeding two thousand five hundred (2,500) sq.ft.,
a separate irrigation meter shall be instailed in compliance with Chapter 10.19 of the Anaheim
Municipai Code and Ordinance No. 5349.
14. That trash storage areas shall be provided and maintained in Iocation(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on
file with said Department. Said storage areas shall be located away from residences and shall be
designed and screened so as not to be readily identifiable from the adjacent residences, streets
or highways. The walls of the storage areas shall be protected from graffiti opportunities by the
use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximurn
three (3) foot centers and/or tall shrubbery. Each lot shall be required tn have one (1) double
trash enciosure. Said information shall be specifically shown on the plans submitted for building
permits.
15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
16. That an on-site trash truck turn-around area shail be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-araund area shall be specifically shown on plans submitted for building permits.
17. That the developer shall submit a final lighting plan, specifying the the location and iilumination of
exterior light fixtures to the Zoning Division of the Planning Department for Planning Commission
review as a"Reports and Recommendations" item. Said lighting fixtures shall be down lighted
with a maximum height of twelve (12) feet; provided, however, khat the maximum height of any
fixtures, including lighting fixtures on buildings, adjacent to the west and northwest property Iines
where the subject property abuts residential zoning shall not exceed ten (10) feet. All lighting
shall be directed away from adjacent residential property lines to protect the residential integrity of
the area ard said limitation shall be specified on the plans submitted for building permits.
18. That the developer/owner shall instail street lights along khe La Palma Avenue and Weir Canyon
Road (Yorba Linda Boulevard) street frontages; and that security in the form of a bond, certiflcate
of deposit, letter of credit, or cash, in an amount and form satisfactor,~ to the City of Anaheim,
shall be posted with the City to guarantee the satisfactory completion of said improvements. Said
security shall be posted with the City prior to issuance of a building permit, to guarantee
installation of the above-required improvements prior to occupancy of the first building.
19. That prior to occupancy of each buiiding, the legal owner of the subject property shall provide the
Electrical Engineering Division of the Public Works Department with a public utilities easement
along/across the parcels as determined when the design is completed.
2Q. That all air conditioning facilities and other ground-mounted equipment shall be properly shielded
from view and the sound buffered from adjace~it residential properties. Such information shall be
specificaliy shown on the plans submitted for building permits.
21. That the owner of subject property shalf be responsible for the removal of any on-site gra~ti within
twenty four (24) hours of its application.
22. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
CR3615PK.DOC -6- PC99-69
23. That three (3) foot high street address numbers shall be displayed o,, the roof in a contrasting
coior to the roof materiai. The numbers shall not be visible to 1he street or adjacent properties.
24. That the petitioner shall be responsible for compliance with all mitigation measures included in the
attached Mitigation Monitoring Plan No. 107 as estabiished by the City of Anaheim and as
required by Section 21081.6 of the Public Resources Code within the assigned time frames and
any direct cost a~sociated ~vith their implementation, including the two mitigation measures added
to the Traf(i~ Section of Mitigation Monitoring Program No. 107 at the Planning Commission public
hearing: That the design and installation of the proposed traffic signai shall include provisions for
westbound traffic to make a U-turn at this intersection and that the westerly driveway shail be
designed for ingress only.
25. That lighting of any signage for subject property shali be prohibited between the hours of midnight
and 6:30 a.m. and as specified by Zoning Code Section 18.05.091.052, unle~s a variance is
applied for and granted.
26. That signage for subject facility shal! be limited to that which is shown on the exhibits submitted
by the petitioner 2nd approved by the Planning Commission, including a maximum of two (2)
commercia! identification signs. Any additional signage shall be subject to approval by the
Planning Commission as a"Reports and Recommendations" item.
27. That no outdoor storage or display shall be permitted on the subject property.
28. That prior to installation of any roof-mounted equipment on Building Nos. 3 and 4, ths south
portion only of Building No. 5, and Building Nos. 6, 7, 8, 9, 10, 11, 12, 13 and 17 (roof-mounted
equipment shall not be permitted on any of the other buildings), the developer shall demonstrate
to Zoning Division staff, by the use of actual sized props or mock-ups placed on the buildings, that
no roof-mounted equipment will be visibie to adjacent rights-of-way or residences. If staff
determines that any roof-mounted equipment will be visible to the adjacent rights-of-way and/or
residencc:s, such e.y~~,prnent shall be ground-mounted and screened from view. Plans submitted
for building perrriits shall specify the ;ocations for both roof-mounted and ground-mounted
equipment for these buildings until the actual location of the equipm~nt is ~etermined prior to final
building and zoning inspections.
29. i hat the proposed industrial uses shall be limited to the foilowinq flsted uaes and further subject to
the individual business approval of the Planning Commission as a Reports and Recomrr~endations
agenda item. That an unsubordinated covenant, reviewed and approved by the City Attorney's
Office so limiting said uses, shall be recorded in the Office of the Orange Counry Recorder, a copy
of which shall be submitted to the Zoning Division:
(1) Laboratories, experimental andlor rosearch,
(2) Pharmaceuticals,
(3) Publishing books, periodical newspapers,
(4) Scientific equipment assembly,
(5) Communication equipment, components and/or supplies,
(6) Drafting instruments and/or goods,
(7) Electricai or electronic equipment, components and/or products,
(8) Research, deveiopment and t~sting laboratories and/or facililies,
(9) Scientific, optical, medical, dental or photographic equipment, components and/or
products,
(10) Sound equipment, componenls and/or supplies,
(~ 1) Similar uses specifically approved by the City, and
(12) Any use permitted under Zoning Code Section 10.41.020 "Permitted Primary Uses and
structures," and subject to ali conditions af said Se!:tion.
CR3615PK.DOC -7- PC99-69
Each individual use shali require the written approvai of the 2onfng Division prior to occupancy
which approval shail only be given when it is demonstrated that such use is Either an expressly
permitted use in the underlying zone or meets the criteria of Section ~ 8.41.050.135, as modified
in the above list, of the Anaheim Municipal Code. Any such decision of the Zoning Division may
be appealed to the Planning Commission as a"Reports and Recommendations" item.
30. That this Conditionai Use Permit is granted subject to adoption of a zoning ordinance in
connection with Reclassification No. 98-99-10, now pending.
31. That the restaurant operator shail submit final pians and a specific letter of operation for Planning
Commission review and approval during a noticed public hearing prior to any sales of aicoholic
beverages within the restaurant facility. The restaurant pad shall be limited to a table-service type
facility (no fast-food or drive-through services permitted) and shall have a minimum five thousand
(5,000) sq.ft. of floor area not including any outdoor dining area.
32. That the legal property owner shall (rrevocably offer to dedicate to the City of Anaheim (Water
Engineering Division) an easement twenty (20) feet in width for water service mains and/or an
easemer~t for large meters or fire lines.
33. That w~ter improvement pians shall be submitted to the Water Engineering Division for revie~v
sr~u approval, and a performance bond in the amount approved by the City Engineer and form
approved by the City Attorney shali be posted wilh the City of Anaheim to guarantee installation of
said improvements.
34. That the developedproperty owner shall relocate lhe existing lweive inch (12") water main if the
cover depth exceeds thirty six inches (36") and shall provide a twenty (20) foot easement for this
main.
35. That the locations for future above-ground utiliry devices including, but not limited to, electrical
transformers, water back flow devices, gas, communications and cable devices, etc., shall be
shown an F!~rs suumitted for buildin~ permits. Such plans shall also identify lhe specific
~creening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers,
access points, etc.) and shall be subject to the review and approval of the appropri2te City
depar~^~ent(s).
36. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be
fully screened by architectural de~~ices and/or appropriate building r~ateriais; and that such
information shall be specifically shov:n on the plans submitted for building permits. No roll-up
doors shall face the public rights-of-way;, or the single-family residential neighborhood.
37. That a final landscape plan for the entire site shall be submitted to the Zoning Division of the
Pianning Department speci(ying type, size (minimum twenty four (24) inch box trees) and location
of proposed landscapiny and irrigation for review and approval by~ the Planninc~ Commission as a
"Reports and Recommendations" item. Plans sha~l specify minimum one (1) gallon sized vines
planted on maximum three (3) foot centers adjacent to all masonry walls and ground-mounted
equipment screening throughout the deve;upment. Plans shall further specify a six (6) foot high
wrought iron fence centered in lhe landscaped setback for the lenglh of, and adjacent to, Jenifer
Drive. Onca approved, the iandsr.~ ping shall be installed fn accordance with the pfan and
professionally maintained.
38. That the developer shall be sesponsible for all median repair in the La Palma Avenue right-of-way
(both h~ardscape and !~.^,ciscape).
39. Thei the o~:ce/light industiE?1 complex hcurs of operations shall be limited to 6 a.m. to 10 p.m.
daily, with no cutdoor maintenanco or other noise-generating operations or activities permitted
after 8 p.m.
CR3615F'K.DOC -8- PC99-69
40. That the developer shali submit copies of the precise grading plans to the Zoning Division
specifying the finished pad elevations for each building. Any increase over eighteen (18) inches
in pad elevations for proposed Building Nos. 1, 2, 5, 7, 15, 16 and 18, as shown on Exhibit No. 38
and the following table, shall require Pianning Commission review and approval as a pubiic
hearing item:
Building No. 1: 336.5 ft. pad elevation
Building No. 2: 341.1 ft. pad elevation
Building No. 5 338.5 ft. pad elevation
Buiiding No. 7 340.4 ft. pad elevation
Building No. 15 345.8 ft. pad elevation
Building No. 16 346.0 ft. pad elevation
Building No. 18 349.5 ft. pad elevation
41. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on fils with the Planning
Department marked Revision No. 1 of Exhibit Nos. 1, 2, 14, 15, 16, 17, 18, 28, 29, 30, 31, 31, 32,
34 and 35; Exhibit Nos. 3 through 13; Exhibit Nos. 19 through 27; and Exhibit Nos. 36 through
40: and as conditioned herein.
42. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resoiution, whichever occurs first, Condition Nos. 2, 3, 6, 9, 10, 11, 12, 14, 15, 16, 17, 18, 20, 29,
30, 32, 33, 34, 35, 36, 37 and 40, above-mentioned, shall be complied with. Extensions for further
time to complete safd conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
43. Prior to building and zoning inspections, Condition Nos. 4, 8, 13, 19, 23, 24 and 41, ~~~jve-
mentioned, shall be completed.
44. That approvai of this application constitutes -approual a?f ths propo~! re~t!~~@st only :to t~rye exteCAt
that it complies with the Anaheim Municipa»i~Tonir v~~ Co£iie aa~d ~y mthe~~ ap~,~leable ~city!. 5tat~ afid
Federal regulations. Approval does not includ~ any.a~tilon ~r Fi~'din~~ ~a to c6~fiptianLe w~
approval of lhe request regarding any other ~1j~lieabie ordinanct,;,'regulafi6q ~r requirerm,ent.
BE IT FURTHER RESOLVED that the An~heirts Ci'ly P}I~h~ng Cor*!m,'~~~foC~ da~es hereby
find and determine that adoption of this Resolutlun is~axpressly predicated~r,~£~!?~,' ~ipn~~cd„ ,Ii~nGe
with each and all of lhe conditions hereinabove sot fo; ih. ~hould an SUCh~:;;.ndiG~,,,, Oraf1 . ~~~
Y y+ ~art tku~eremr,
be declared (nvalid or unenforceable by the final judgr,ie~,~'~' of any cour~of eoRiYs,~ate.r,5~~yuri3t~r~;lfar~., th~t~ ~h(s
Resoiution, and any approvals herein contained, shrall tse dei~med null and voVd.
THE FOREGOING RESOLUTION`vvl s adoptcd `al ttl1~ ?~Ming ~omf~ili"ssJon !*"~eting of
April 26, 1999. `.
;
i`i
~ ~,
CHAIRPERS ', A EIM CITY PLANNING COMMI5SION
ATTEST:
. ~~~0~'
SECRETARY, A HEIM CITY PLANNING COMMISSION
CR3615PK.DOC -9- PC99-69
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Maheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on April 26, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIJNERS: NONE
ABSENT: COMMISSIONERS: SOSIWICK, VACANT SEAT
/f~ ID! WITNESS WHEREOF, 1 have herei.~nto set my hand this _.S~` day of
.-l_I[l ~` . 1999.
/~(~19~t~ 0~6~1'~-~
SECRETARY, AHEIM CITY PLANNING CdMMISSION
CR3615PK.DOC -10- PC99-69