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99-185RESOLUTION NO. 99R-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO. 3 TO SPECIFIC PLAN NO. 88-3 AND AMENDING RESOLUTION NOS. 89R-59 AND 89R-60, AS PREVIOUSLY AMENDED, ACCORDINGLY, AND APPROVING FINAL SITE PLAN AN RESCINDING RESOLUTION NO. 99R-169, NUNC PRO TUNC (The PacifiCenter Anaheim Specific Plan). WHEREAS, on February 28, 1989 the City Council adopted Resolution Nos. 89R-59 and 89R-60 adopting Specific Plan No. 883 and approving a document which contains the Zoning and Development Standards for said Plan (the PacifiCenter Specific Plan) and on July 25, 1989 the City Council adopted Ordinance No. 5045 to add a new Chapter 18.73 to Title 18 "Zoning" (which references the zoning and development standards approved in connection with in Resolution No. 89R-60) and Ordinance No. 5046, reclassifying the property described therein into the Specific Plan 88-3 Zone, for a mixed-use development project on property consisting of 26 acres bounded by La Palma Avenue on the north, Tustin Avenue on the east, the Riverside/SR-57 Freeway on the south and the Atchison, Topeka and Santa Fe Rail Road tracks on the west; and WHEREAS, said resolutions and ordinances have subsequently been amended from time to time; and WHEREAS, the PacifiCenter Specific Plan No. 88-3 is a mixed use development project consisting of 500,000 sq.ft. of industrially-related office space, 24,000 sq.ft. of industrially-related retail area, an 8,000 sq.ft. freestanding restaurant, a 4,000 sq.ft. drive-through fast food restaurant, a 150-room hotel and two parking structures, which project was to be implemented in three phases; and WHEREAS, with the objective of greater flexibility for future development of this mixed-use commercial site as market conditions fluctuate with the area's economy, the petitioner now proposes Amendment No. 3 to Specific Plan No. 88-3, as follows: (1) Amending Exhibit Nos. 4 and 6 (pertaining to the over- all development plan and phasing), approved in connection with this specific plan; (2) Consolidation of the Development Areas; (3) Amending Sections 18.73.020 though .100 "Development Standards" of the specific plan document, including, but not limited to, required parking, landscaping, WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the 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. AND WHEREAS, the applicant applied for a waiver of minimum number of required parking spaces (296 required; 184 proposed), and the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in the Anaheim Municipal Code are not present and that said waiver(s) should be denied, for the following reasons: 1. That the requested parking waiver is hereby denied because approval would cause fewer off-street parking spaces to be provided for the underlying uses than the number of such spaces necessary to accommodate all vehicles attributable to such uses under the normal and reasonably foreseeable conditions of operation of such use. 2. That approval of the parking waiver would increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposal. -2- 3. That approval of the parking waiver would increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposal (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of this Code). 4. That approval of the parking waiver would increase traffic congestion within the off-street parking areas or lots provided for the underlying uses. 5. That approval of the parking waiver would impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 4118 be, and the same is hereby, granted to establish conformity with existing Zoning Code land use requirements for an existing commercial center, including a liquor store, and to further subdivide an existing building to add one tenant space for a total of 16 tenant spaces, on the hereinabove described real property subject to the following conditions: 1. Deleted. 2. That this property is located within Special Flood Hazard Zone AH and if modifications to this structure (i.e., creating a sixteenth tenant unit) exceed fifty percent (50%) of its structural value, as determined by the Building Division, then this structure shall comply with all flood protection requirements. Said compliance shall be demonstrated on plans submitted for building permits. Commercial center on the property addressed at 5031 East Oranaethorpe Avenue 3. and 4. Deleted. 5. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with approved plans on file with said Department. 6. That a gate shall be installed on the existing trash enclosure. -3- 7. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 8. That the proposal shall comply with all signing requirements of the CL (Commercial, Limited) Zone unless a Variance petition allowing sign waiver(s) is submitted to and approved by the Planning Commission or City Council. 9. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 10. That trees shall not be unreasonably trimmed for the purpose of increasing visibility to this commercial center. 11. That no outdoor vending machines, newspaper racks, or water machines shall be visible to the nearby public rights-of- way (i.e., Orangethorpe Avenue and Kellogg Drive). 12. 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. 13. That all trash generated shall be properly contained in trash bins. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-ups. All costs for increasing the number of bins or the frequency of pick-up shall be paid by the business owner. 14. That any existing (or future) exterior public telephone(s) shall be relocated inside a building or placed adjacent to a building wall in a location no further than twelve (12) feet from a building entrance. 15. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 1640 (permitting on-premises sale of beer and wine at 5031 East Orangethorpe Avenue, Unit B). 16. That this commercial center at 5031 East Orangethorpe Avenue shall be limited to a maximum of ten (10) tenant units unless a separate petition for additional units is filed and granted. -4- 17. That no outdoor storage shall be permitted. Licruor Store 18. through 24. (Proposed Condition Nos.18, 19, 20, 21, 22, 23 and 24 were deleted at the Planning Commission public hearing. ) General 25. That subject property (5031 East Orangethorpe Avenue) shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 26. That prior to commencement of the activity authorized by this resolution (creating a sixteenth tenant unit), or prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 5, 6, 11, 13 and 15, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 27. That prior to final building and zoning inspections, Condition Nos. 14 and 25, above- mentioned, shall be complied with. 28. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 29. That in the event subdivision of this commercial center to add one (1) tenant space for a total of ten (10) spaces results in a tenant use with a higher parking requirement than retail uses (for example, a dental office is required to have more parking than retail), the parking lot shall be re-striped with additional parking spaces to comply with the increased parking requirement. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and -5- all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of August 19 99 ~-' MAYOR OF THE CITY OF A EIM ATTEST: CITY ERK OF THE CITY OF ANAHEIM 32249.1 -6- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 99R-184 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 24th day of August 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: NOES: MAYOR/COUNCIL MEMBERS ABSENT: MAYOR/COUNCIL MEMBERS Feldhaus, Kring, Tait, McCracken, Daly None None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R- 184 on the 24th day of August, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 24th day of August, 1999. TY CLER OF HE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-184 was duly passed and adopted by the City Council of the City of Anaheim on August 24th 1999. 1~ i ~TY CLER OF THE CITY OF ANAHEIM