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90-087 RESOLUTION NO. 90R-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ZONING AND DEVELOPMENT STANDARDS RELATING TO SPECIFIC PLAN 90-1 FOR ANAHEIM HILLS FESTIVAL. WHEREAS, pursuant to Chapter 18.93 of the Anaheim Municipal Code, the Anaheim City Planning Commission did receive a request for approval of a specific plan for the proposed Anaheim Hills Festival project (hereinafter Festival) on property consisting of approximately 85 acres located at the southwest corner of Santa Ana Canyon Road and Roosevelt Road. The legal description of subject property is contained in City Council Resolution No. 90R-86 , in which the City Council adopted Specific Plan No. 90-.01 , including conditions; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing upon said application, notices of which public hearing were duly given as required by law; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC90-48 recommending the adoption of Specific Plan No. 90-1, Exhibit A and Resolution No. PC90-49 recommending approval of the zoning and development standards contained in Specific Plan 90-1; and WHEREAS, thereafter, within the time prescribed by law, the City Council caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council does find, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing concerning the zoning and development standards, that: 1. The property proposed for the specific plan has unique site characteristics such as topography, location or surroundings which are enhanced by special land use and development standards. 2. The specific plan is consistent with the Commercial Regional Shopping Center land use designation and the goals and policies of the Anaheim General Plan and with the purposes, standards and land use guidelines therein. 5. The specific plan results in development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood and establishes development standards to govern the types of commercial development proposed to implement the "Regional Shopping Center" General Plan land use designation; and to create a sense of place for the surrounding community with special design criteria for architecture and landscaping which is sensitive to the natural environment, yet compatible with the surrounding urbanizing area. 4. The specific plan contributes to a balance of land uses within the City by providing a diversity of shopping and entertainment activities, which responds to both the diverse commercial needs of the residents of the Hill and Canyon Area and the needs of the surrounding region by generating estimated public revenues from sales and transient occupancy taxes of 1.32 to 2.03 million dollars annually; and by providing employment opportunities, including retailing, financial, business services, offices, lodging and entertainment. 5. The specific Plan respects environmental and aesthetic resources consistent with economic realities. AND WHEREAS, 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 specific plan, that all of the conditions set forth in Section 18.93.040 of the Anaheim Municipal Code as they apply to zoning and development standards are present; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Supplemental Environmental Impact Report No. 300 was prepared and submitted in connection with Specific Plan No. 90-1 for the proposed development of the property referred to as the Anaheim Hills Festival, and the City Council certified said Supplemental Environmental Impact Report No. 300 and adopted the corresponding Mitigation Monitoring Program in their approval of Specific Plan No. 90-1 (Resolution No. (90R- 86 ). BE IT FURTHER RESOLVED that the approval of, and exercise of any rights under, the Specific Plan Zoning and Development Standards as herein adopted or under the Zoning and Development Standards ordinance as hereinafter adopted shall be subject to he following conditions: -2- TRAFFIC/CIRCULATION 1. That prior to issuance of a building permit, the appropriate major thoroughfare and bridge fee shall be paid to the City of Anaheim in an amount as specified in the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation ~ Corridor, as established by City Council resolution. 2. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer prior to issuance of a building permit. 5. That in the event a parcel map is recorded on subject property, an unsubordinated reciprocal access and parking agreement, in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A ~ copy of the recorded agreement shall then be submitted to the Zoning Division. 4. That plans for vehicular and pedestrian circulation shall be submitted to the City Traffic Engineer for his review and approval showing conformance with Engineering Standard Plan Nos. 402B, 436F, 602D, 604A and 605 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 5. That all driveways shall be constructed with minimum fifteen (lS) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. 6. That the most westerly access on Santa Ana Canyon Road shall be signalized with separate left turn phasing and the access ~, road shall have three (5) northbound (one right and two left) and two (2) southbound lanes (sixty-four) (64) feet curb-to-curb minimum). 7. That the mid-access on Santa Aria Canyon Road shall be signalized with a left-turn and U-turn storage and phasing. The access road shall provide three (3) outbound (two righthand, one left) and two (2) inbound lanes sixty-four (64)feet curb-to-curb minimum). 8. That the access to Roosevelt Road at Kaiser Boulevard shall be two (2) lanes in each direction, but not signalized. 9. That Festival Drive shall be one (1) lane in each direction plus a left-turn lane (minimum width of forty (40) feet curb-to-curb) with on-street parking prohibited and enforced by the lessor. -3- 10. That a bus turnout at eastbound Santa Ana Canyon Road and Festival Drive shall be installed to the satisfaction of the City Traffic Engineer. The area adjacent to this turnout shall include a paved passenger waiting area complete with a bus shelter and bench. A paved, lighted and handicapped accessible pedestrian accessway shall be provided between this stop and the project buildings. Concrete bus pads sufficient to support the weight of a bus, in accordance with OCTD's Design Guidelines for Bus Facilities, shall be provided at this transit stop. This would be necessary assuming the existing paving material would be insufficient to support continued transit use of the turnout. 11. That unless an alternate plan for truck deliveries is approved by the City Traffic Engineer, truck access for Area No. 1 deliveries shall be designed to minimize conflicts within the parking area and to provide a twenty (20) foot wide truck outlet near Major "E". Truck access for Area No. 2 deliveries shall include a twenty (20) foot wide truck outlet in the vicinity of Major "H' in addition to the access near Shop No. 10. 12. That any parking structure which is to be provided on-site shall be designed and constructed to accommodate a maxi-size van (i.e., at least seven feet one inch (7'1") vertical clearance is necessary). 13. That Roosevelt Road and Monte Vista Road shall be signalized with two (2) lane approaches on all legs, plus an eastbound left turn lane with a minimum two hundred (200) foot pocket length, and with signal design approved by the City Traffic Engineer. Bauer Road shall be striped for two (2) approach lanes (now left turn only and one right turn only). The developer shall incur the cost of the interconnection of the signal to the City's interconnection system. 14. (Deleted at Planning Commission hearing). 1S. That prior to final building and zoning inspection for the first building, the Transportation Demand Management (TDM) Plan for the Festival Center shall comply with Regulation XV for the South Coast Air Quality Management District (SCAQMD) plus any other TDM measures required by SCAQMD. This TDM Plan shall include, but not be limited to the following: o Each employer of one hundred (100) or more employees shall provide an on-site AQMD certified full-time rideshare coordinator who shall work with other coordinators and with employers of less than one hundred (100) employees in the Festival Center to provide incentives to employees to rideshare, including preferential parking, subsidy parking for vanpools and carpools, provisions for transit use (i.e. bus turnouts, shelters, on-site location of transit schedules and -4- on-site sale of OCTD monthly bus passes at the time demand equals fifteen (IS) per month) and subsidies of vanpools and transit passes; ° Encourage the use of alternative transportation modes by continuously promoting public transit usage and providing secure bicycle facilities in the vicinity of transit stops, and subsidy parking and preferred parking locations for car and vanpools; ° Install mass transit-user amenities and accommodations £or OCTD routes, including bus turnout and bus shelters, route information displays, trash receptacles and public pay telephones; ° Participate in an areawide Transportation Management Association (TMA) at such time as one is established; o Encourage employers to provide staggered work schedules, flextime, compressed work weeks or other non-traditional work scheduling to minimize employee trip generation during peak periods, and o Facilitate bicycle access of the office buildings by providing safe and convenient bicycle lockers, and lockers for personal storage. 16. That the one hundred thirty six thousand, six hundred (136,600) square feet of retail adjacent to the theater shall be utilized solely as home furnishing uses, in conformance with the submitted parking analysis. If retail uses other than home furnishing are to be leased, the parking supply shall be increased by another three (3) parking stalls per one thousand square (1,000) feet of gross square feet or a variance must be obtained in conjunction with a parking demand study approved by the City Traffic Engineer. 17. (Deleted at Planning Commission hearing). 18. That prior to issuance of a building permit for any drive-through facility, the drive-through lane shall be reviewed and approved by the City Traffic Engineer. PLANNING 19. That prior to issuance of a building permit, street names for any new private street shall be submitted to and approved by the Planning Department. 20. That prior to issuance of each building permit for Development Areas $ and 4 (Phases II and III), in order to determine conformance with the approved Specific Plan and Environmental Impact Report and to determine that the Final Site Plan design will not be detrimental to the health, safety and general -5- welfare of the citizens of the City of Anaheim, the following detailed plans shall be submitted to and approved as a "Final Site Plan Approval" by the Planning Commission at a noticed public hearing: ° Site plan o Parking, loading and circulation plan (including drive-through lane configurations), acceptable to the City Traffic Engineer and in conformance with all applicable Engineering Standard Plans o Landscaping plans o Roof-mounted equipment screening plans ° Elevation plans (including color/material samples) o Signage plans o Grading plans (including location, size and treatment of any retaining/crib wall) Any uses requiring a conditional use permit may be reviewed in connection with the final site plan approval, subject to procedures in Chapter 18.03 (zoning procedures-amendments, conditional use permits and variances) 21. That there shall be no sale of alcoholic beverages in conjunction with gasoline sales. 22. That during hours of operation for the service station, separate men's and women's restrooms shall be available to the public, and properly supplied and maintained. Said facilities shall be clearly indicated on the plans submitted for building permits. 22A. That automobile car washes shall only be permitted in connection with approval of a conditional use permit. 23. That in conformance with Anaheim Municipal Code Section 18.44.050.070, an unsubordinated recorded agreement shall be provided to the Zoning Division agreeing to remove the service 03 station structures in the event that the station is closed for a period of twelve (12) consecutive months. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. 24. That any outdoor speaker shall be equipped with an operable volume control. 25. That no alcoholic beverages, including beer and wine, shall be sold or served via the drive-through restaurant window. -6- 26. That the on-premise sale and consumption of alcohol authorized by this resolution shall only occur in conjunction with the sale of prepared food items. 27. That all air conditioning facilities and other roof and ground mounted equipment shall be permitted only to the extent that such equipment is screened from street view by architectural elements and painted to match building coloration. Roof-mounted equipment shall not exceed the height of the architectural projections. 28. That all plumbing or other similar pipes and fixtures located on the exterior of a building or structure shall be fully screened by architectural devices and/or appropriate building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. 29. Deleted 30. That no outdoor storage of, display of, or work on vehicles or vehicular parts shall be permitted. 31. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 32. That prior to issuance of a building permit for Development Areas 1 and 2 (Phase I) the following detailed plans shall be submitted to and approved by the Planning Commission as a Report and Recommendation item in order to satisfy Final Site Plan approval for Development Areas 1 and 2: ° Roof mounted equipment screening plans ° Signage plans ° Exterior building color and material samples ° Drive-through lane configurations as approved by the City Traffic Engineer. 33. That prior to issuance of a building permit for Phase I, the Planning Director or his designee shall review the Phase I site plan (for Development Areas 1 and 2) for conformance with the Specific Plan Master Site Plan. If the Planning Director determines that the submitted Phase I site plan is not in conformance with the Master Site Plan, then his decision may be appealed to the Planning Commission. 34. That any revisions to the Final Site plans which are determined to be significant by the Planning Director shall be considered reviewed by the Planning Commission at a noticed public hearing for conformance with the Development Standards of the Specific Plan. Their decision may be appealed to the City Council. -7- 35. That the permanent landscaping and irrigation system shall be installed in accordance with approved plans. The landscape architect shall submit certification in accordance with Municipal Code Section 17.06.137 "Slope Certification". 36. That landscaping plans shall emphasize the use of native trees, shrubs, and groundcover wherever possible; and that minimum twenty four inch (24") box trees shall initially be planted in the parking area. 37. That ground-mounted lighting fixtures utilized to accent building or landscape elements, or to illuminate pedestrian areas, shall be shielded to direct lighting toward the area to be illuminated and shall be maintained to minimize the encroachment of light emanating therefrom onto adjoining residential areas. 38. That the design of any proposed parking structure shall incorporate the sensitive siting of that structure and adequate landscape and/or architectural screening so as to minimize the introduction of vehicular-related light into adjoining residential areas. 39. That the theater design shall orient the box office and primary entrances away from residential areas, directing those activities in either a northerly or westerly direction, and encouraging and directing vehicular traffic northerly on Festival Drive, as designated in the Specific Plan. 40. That the rear elevations of buildings visible from off-site and public on-site areas shall be architecturally accented to portray a finished look. 41. That all building colors, textures, and materials shall be compatible between on-site uses; and that the roof color, as approved by the Planning Department, shall be a neutral color, other than black or dark grey. 41A. That setbacks on the corners of Santa ^na Canyon Road at the project entrance shall be thirty (30) feet wide and fully landscaped. 42. 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. 42A. That on-premise advertising signs and center identification signs shall be illuminated only during the hours of 6:30 a.m. to midnight, except that the sign containing the supermarket logo may be illuminated during the operating hours of the supermarket; and illumination of on-premise tenant advertising signs shall be limited to business hours, plus one hour (1) before opening and one (1) hour after closing for each user. '8- 43. That within (18) months from the issuance of the first structural building permit for the major tenants located in Phase I, the developer or their successors shall use their best efforts to exclusively market all of the property in Development Area IV for retail or hotel land uses, as provided for in the Specific Plan. During this time period, no building permits will be issued for office structures located in Area IV; however, development approvals and building permits for retail or hotel structures may be issued in conformance with provisions and actions in the Specific Plan for the site. Should the retail marketing effort for Area IV prove not to be successful during this 18-month time period, the developer may choose to proceed with office uses for this Development Area. If this is the case, the developer shall submit to the City correspondence demonstrating that their best efforts were unsuccessful to market the area for retail or hotel uses during the 18-month period. Following expiration of said 18-month period plus City Council review and examination of this correspondence, development of office uses may proceed in compliance with provisions and actions contained in the Specific Plan. The obligations set forth in this condition shall be evidenced by a covenant executed by the property owner and recorded against the property prior to the issuance of a grading permit. FIRE/POLICE 44. That prior to commencement of structural framing, on-site fire hydrants shall be installed and charged as required and approved by the City Fire Department. An all-weather road as approved by the Fire Department shall be provided to the hydrant at all times. 45. That fire sprinklers shall be installed as required by the City Fire Department. 46. That adequate unobstructed fire truck turn-around areas, as required by and acceptable to the City Fire Department, shall be shown on plans submitted for building permits. Said turn-around areas shall be permanently marked and maintained to the satisfaction of the Fire Department. 47. That, as required by the Fire Department, each parcel shall be served by a separate fire water service. 48. That a minimum twenty (20) foot wide fire lane shall be marked and maintained behind major shops "A" through "J" as shown in the Specific Plan. 49. That the theater facility shall be equipped with a local fire alarm system in accordance with Article 14 of the Uniform Fire Code. -9- S0. That prior to issuance of a building permit, the Anaheim Police Department shall review and approve plans for safety, accessibility, crime prevention, and security provisions during both the construction and operations phases. S1. That on-site security shall be provided 24 hours a day to limit criminal occurrences, to minimize noise, to prevent loitering and to assist in the control of entering and exiting traffic. S2. That prior to the issuance of building permits, the developer shall construct a six (6) foot high ornamental wrought iron-type fence separating the developed portion of subject property from residential properties to the south. The location of said fence shall be approved by the City Engineer. S3. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. NOISE S4. That excavation, grading and other construction activities related to the proposed project shall be restricted to hours between 7:00 a.m. and 6:00 p.m. Monday through Friday, and between 8:00 a.m. and 6:00 p.m. on Saturday. This restriction will reduce potential noise impacts on nearby residences during the night and early morning hours and Sundays when ambient noise levels are at the lowest. $S. That construction and maintenance activities, including the repair and maintenance of equipment, shall conform to and comply with applicable provisions of the City's Noise Ordinance. Construction equipment shall be equipped with effective muffling devices to further reduce the project's short term construction noise effects. 55A. That use of the trash compactor shall be restricted between the hours of 10 p.m. and 6 a.m., unless the noise can be muffled to a level where it will not disturb the residential neighbors. 5SB. That truck deliveries, except to the supermarket, shall be limited to the hours between 6:00 a.m. and midnight. 56. That, when feasible, construction equipment shall be stored on-site to eliminate and/or reduce heavy-equipment truck trips. ENGINEERING $7. That prior to parcel map approval, the original documents of the covenants, conditions, and restrictions (CC~R's), and a letter addressed to the developer's title company authorizing recordation thereof, shall be approved by the City Attorney's -10- Office and Public Works Engineering Department. Said documents, as approved, shall be filed and recorded in the Office of the Orange County Recorder. Said CC&R's shall include provisions for maintaining subject property as an integrated center in regards to parking, circulation and signage and architectural continuity. S$. That all grading activities shall be conducted in conformance with Chapter 17.06 "Grading Excavation and fills in Hillside Areas" of the City's Land Development and Resources Code. 59. That prior to issuance of a grading permit, a precise grading plan prepared by a registered Civil Engineer shall be submitted to the City Engineer for review and approval. 60. That grading plans shall include an erosion, siltation and dust control plan to be approved by the City Engineer. Said plan shall include provisions for mitigation measures such as temporary irrigation and immediate planting on all exposed pads and slopes, temporary sedimentation basins and sandbagging. The plan shall also include provisions to control fugitive dust during clearing, grading, earth moving or excavation, in conformance with AQMD Rule 403 requirements. 61. That all grading shall be conducted in accordance with the geotechnical study entitled "Geotechnical Investigation and Review of 100-Scale Grading Plans - Anaheim Hills Pestival Project, AnaheimHills, Orange County, California for Trammell Crow Company", GeoSoils, Inc., dated September 15, 1989, and subsequent soils and geotechnical reports prepared for the project site as approved by the City Engineer. 62. That the developer shall initiate a watering or other dust suppressent program to minimize wind erosion or fugitive dust. 63. That a blade grass mixture shall be hydroseeded between October 1 and October iS each year to germinate grass seeds throughout all level future planning areas. These grasses shall be selected from varieties horticulturally compatible to the planting zone in Anaheim Hills. 64. That prior to approval of a grading plan, if necessary, as determined by the Director of Public Works/City Engineer, the developer shall seek a waiver of City code related to slope setbacks, in accordance with Section 17.06 "Grading, Excavations and Pills in Hillside Areas" of the Anaheim Municipal Code. The developer shall also demonstrate compliance with Council Policy No. 211 "Hillside Grading" or acquire any necessary waivers therefrom. 65. That prior to approval of a grading plan, plans for on-site crib walls and retaining walls deviating from the standards in Subsection 17.06.048.020 of the Anaheim Municipal Code shall be reviewed and approved by the City. -11- 66. That prior to approval of a grading plan, landscape elements, such as climbing or trailing groundcovers and the tiering or layering of plant materials shall be integrated into the design of those retaining walls and crib walls which may be visible to the public. These landscape elements shall be submitted to and approved by the Planning Department. 67. That prior to the approval of a building permit, a precise plan o£ drainage improvements shall be reviewed and approved by the City Engineer. 68. That any and all investigative, monitoring, reporting, containment and abatement responsibilities as may be required under the U.S. Environmental Protection Agency's National Pollution Discharge Elimination System Permit shall be complied with for storm water discharge. 69. That adequate provisions shall be made for the handling of on-site drainage and dewatering of the site in a manner which will not adversely affect adjacent or downstream properties. 70. That the sewer system £or the project shall be funded, constructed and maintained in accordance with the requirements of the City of Anaheim Engineering Department and the Orange County Sanitation District. 71. That the developer shall coordinate sewer improvement plans with the Director of Public Works/Engineering and the City Traffic Engineer, so as to minimize potential disruptions to traffic flow along Santa Ana Canyon Road. 72. That prior to the issuance of building permits, the developer shall obtain any and all sewer connection permits as may be required from the Orange County Sanitation District for the connection of the proposed sewer line and the introduction of additional waste water discharge to existing facilities administered by that District, and shall provide to the City Engineer documentation in a form acceptable to the City indicating that adequate capacity currently exists within those facilities or will exist at the time of permit issuance to accommodate waste water demands resulting from the proposed project. WATER/ELECTRICAL 73. That subject property shall be served by underground utilities. 74. That a water line loop shall be provided through subject property as required and approved by the Water Engineering Division. 75. That water backflow devices shall be placed below grade as directed by the Water Utility Division. -12- 76. That street lighting facilities along Santa Ana Canyon Road, Roosevelt Road and Festival Drive shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of the Utilities General Manager; or that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of a building permit. The above required improvements shall be installed prior to occupancy. 77. That the property owner shall complete the underground electrical conduit system and substructure system into and through the site, including the installation of two (2) electrical vaults as shown on the "Bauer Ranch 12 KV UD System Plan." 78. That the property owner shall pay a fee to the City of Anaheim Utilities Department for the installation of cables, pad-mounted switches, capacitors, transformers and related facilities for 12 kilovolt underground line extensions required to meet the Utilities Department underground line extension and service requirements in accordance with the Electrical Utility Rates. Rules and Regulations. 79. That all water supply planning for the project shall be coordinated with, and subject to review and final approval by the City Water Engineering Division and City Fire Department. 80. That prior to the issuance of building permits, a terminal storage fee (established under the Public Facilities Plan) and other fees established under the City's Water Rates, Rules and Regulations shall be paid to the City by the applicant. 81. That the following water conservation measures shall be incorporated into the project design: (1) installation of low-flow toilets and use of flow restrictors on shower heads, in accordance with State requirements; (2) installation of drinking fountains with self-closing valves; (3) installation of drought-tolerant landscaping and use of native plant species shall be utilized to the extent feasible; and (4) installation of irrigation systems that minimize run-off and evaporation and maximize the water that will reach the plant roots, including consideration of drip irrigation systems, soil moisture sensors and automatic irrigation systems. 82. That the water supply (fire flow) system shall be designed and sized to provide sufficient fire flow pressure and capacity to all portions of the site as required by the Fire Department. -13- MISCELLANEOUS 83. That a fee for street tree purposes shall be paid to the City of Anaheim based on street frontage along Santa Ana Canyon Road and Roosevelt Road in an amount as established by City Council resolution. 84. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. Such information shall be specifically shown on the plans submitted for building permits. 8S. 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. 86. That prior to the issuance of a building permit for the proposed service station, any and all permits for the installation of underground storage tanks as may be required by the South Coast Air Quality Management District, the Regional Water Quality Control Board, the County of Orange, the City of Anaheim, and such other agency or agencies having jurisdiction thereupon, shall be obtained. 87. That any and all investigation, monitoring, reporting, and abatement responsibilities as may be required under the U.S. Environmental Protection Agency's "Underground Storage Tanks: Technical Requirements" {40 CFR Part 280) shall be complied with for all underground storage tanks. 88. That roadways and parking areas shall be periodically swept to minimize dust and debris accumulation. 89. That the project design shall be in accordance with conservation measures established by the California Energy Commission for commercial structures and shall conform with Title 24 of the California Administrative Code. 90. That prior to submittal of a Final Site Plan for Development Area 4 (Phase III), the property/owner developer shall work with the Parks, Recreation and Community Services Department to determine the feasibility of locating a community center facility within Development Area 4. 91. That the applicant or subsequent lessees shall comply with those source reduction and recycling requirements as may be adopted by the City in accordance with the California Integrated Solid Waste Management Act of 1989 (A.B. 939) -144 92. That the developer shall coordinate with the Southern California Gas Company to incorporate energy saving strategies into the project design. 95. That the developer shall complete parkway landscape improvements along Santa Ana Canyon Road and shall undertake and complete all landscape improvements along the rear slope of the project abutting adjoining residential areas. 94. That the construction/operation of the service station shall include the following: (1) covered fuel dispensing areas to reduce the amount o£ storm runoff to the storm drain system; (2) construction of the fuel dispensing area with impervious materials (e.g. concrete) and in such a manner as to allow containment of spilled fuel until proper cleanup and disposal is performed; and (5) development and maintenance of a spill contingency plan on-site. All employees shall be trained in the spill containment procedures outlined in the spill containment plan to protect life, the environment and property. 95. That the property owner/developer shall be responsible for implementation of all applicable stipulations stated in the approved Festival Specific Plan (SP 90-01), including the Public Facilities Analysis. 96. That within thirty (50) days of the City Council's action, the property owner/developer shall provide the Planning Department with three (5) copies of an amended Specific Plan document reflective of the City Council's action. Upon review and approval of the amended document by the Planning Department, fifty ($0) copies of the final document shall be provided by the property owner/developer to the Planning Department. 97. That the developer shall be held responsible for compliance with the mitigation measures identified as the developer's obligations in Final EIR No. 500 and for complying with the monitoring and reporting program established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the developer shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures identified in Final Environmental Impact Report No. 500 that have been incorporated as conditions of approval for subject project. TIMING 98. That prior to issuance of a building permit for Development Areas 1 and 2, Condition Nos. 11, 19, 52, 55, 59, S2, 76, 78, 85 and 86, above mentioned shall be complied with. 99. That prior to issuance of each building permit in any Development Area, Condition Nos. 1, 2, 4, 18, 22, 25, 27, 28, 56, 41, 46, 50, 67, 69, 71, 72, 79, 80, 82, 84, and 92, above mentioned shall be complied with. 100. That prior to issuance of a building permit for Development Areas 3 and 4, Condition Nos. 12, 20, 90 and 38, above mentioned shall be complied with. 101. That prior to final building and zoning inspections for Development Areas 1 and 2, Condition Nos. 6, 7, 8, 9, 10, 13, 48, 49, 76 and 77, above mentioned shall be complied with. 102. That prior to every final building and zoning inspection in each Development Area, Condition Nos. 5, 15, 24, 35, 36, 37, 40, 41, 45, 46, 47, 53, 73, 74, 75, 81 and 93, above mentioned shall be complied with. 103. That prior to final parcel map approval, Condition Nos. 3 and 57, above-mentioned shall be complied with. 104. That prior to grading plan approval/issuance of a grading permit, Condition Nos. 43, 59, 60, 64, 65 and 66, above mentioned and Condition No. 106 shall be complied with. 105. That prior to the issuance of any certificate of occupancy, a traffic signal on Monte Vista and Bauer Road shall be provided, if required by the City Traffic Engineer. 106. That prior to the issuance of a grading permit, the petitioner shall submit for review and approval by the City Engineer, an erosion, siltation and dust control plan. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition, or any part thereof, be declared invalid or unenforceable by the final judgement of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -16- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of March, , 1990. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM SJM:db:kh 3570L 032390 -17- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-87 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 20th day of March, 1990, by the following vote of the members the%eof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler \ AHD I FURTHER certify that the Mayor of the City of Anaheim signed said ~ Resolution No. 90R-87 on the 26th day of March, 1990. IN WETNESS WHEREOF, I have hereunto set my hand and affixed the seal Of the City of Anaheim this 26th day of March, 1990. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-87, duly passed and adopted by the Anaheim City Council on March 20, 1990. CITY CLERK OF THE CITY OF ANAHEIM