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:
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
$7. That prior to parcel map approval, the original documents of
the covenants, conditions, and restrictions (CC~R's), and a
letter addressed to the developer's title company authorizing
recordation thereof, shall be approved by the City Attorney's
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Office and Public Works Engineering Department. Said
documents, as approved, shall be filed and recorded in the
Office of the Orange County Recorder. Said CC&R's shall
include provisions for maintaining subject property as an
integrated center in regards to parking, circulation and
signage and architectural continuity.
S$. 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.
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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.
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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.
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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)
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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
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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