91-260 RESOLUTION NO. 91R-260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO.
3423.
WHEREAS, the City Planning Commission of the City of
Anaheim did reoeive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a oommercial retail center with building heights in
excess of 35 feet, a service station, a freestanding drive-through
restaurant upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
THE NORTHWEST CORNER OF WEIR CANYON ROAD AND LA
PALMA AVENUE, HAVING APPROXIMATE FRONTAGES OF
815 FEET ON THE WEST SIDE OF WEIR CANYON ROAD
AND 1,000 FEET ON THE NORTH SIDE OF L~ PALMA
AVENUE; and
WHEREAS, the city Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; 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. PC91-84 granting, inpart,
Conditional Use Permit No. 3423; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, 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
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
CuP #3423
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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity; and
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity; and
WHEREAS, the City Council does further find and determine
with regard to the proposed waiver of certain off-street parking
requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions imposed
will not be detrimental to the peace, health, safety or general
welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that Conditional Use Permit No. 3423 be, and the
same is hereby, granted, inpart, permitting on the hereinabove
described real property with a waiver of the following provisions
of the Anaheim Municipal Code:
Section 18.44.063.040 - Minimum landscaped setback.
and 18.84.062.0142 (10 feet screen landscaping required
adjacent to west RS-5000 (SC) Zone
boundary; none proposed)
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CUP #3423
Section 18.84.062.011 - Minimum structural setback.
and 18.84.062.012 (100 feet required along Weir Canyon
Road; 30, 40 and 87 feet proposed;
and 50 feet required along La Palma
Avenue; 25, 43 and 45 feet
proposed)
Section 18.04.043.102 - Maximum wall height.
and 18.44.064.080 (6 feet permitted in required rear
yard; 8 foot high masonry block wall
proposed along west property line
abutting RS-5,000 zoning)
Sections 18.06.050.020.0212 - Minimum number of required parkin~
18.06.050.020.022 spaces.
18.06.050.020.0231 (698 required; 662 proposed)
18.06.050.020.0233
18.06.080
and 18.44.066.050
subject to the following conditions:
1. That unless proof of exemption is submitted in compliance
with City Council Resolution No. 89R-440 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 prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid
to the City of Anaheim in an amount as established by
City Council Resolution No. 90R-198.
3. That the appropriate fee shall be paid to the City of
Anaheim for Santa Ana Canyon Road widening purposes, in
an amount as established by City Council Resolution No.
89R-371.
4. That prior to approval of a grading plan, a detailed
"visibility" plan for the driveways on La Palma Avenue
shall be submitted to the City Traffic and
Transportation Manager for his review and approval. The
grading at the vehicular access points to the project
shall be a maximum of five percent (5%) for the first
sixty (60) feet from the public street right-of-way.
5. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval
showing conformance with the latest revisions of
Engineering Standard Plan Nos. 436, 602 and 605
pertaining to parking standards and driveway locations.
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CUP #3423
Subject property shall thereupon be developed and
maintained in conformance with said plans.
6. That all driveways shall be constructed with twenty five
(25) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standards.
7. That as required by the Orange County Transit District,
and if determined to be necessary by the city Traffic
Engineer, a bus turnout shall be constructed adjacent to
subject property on La Palma Avenue west of the central
project vehicular access west of Weir Canyon Road. Said
turnout shall include a paved passenger waiting area
with bus shelter and bench, and a concrete bus pad
sufficient to support the weight of a bus.
Additionally, a paved, lighted handicapped accessible
pedestrian accessway shall be provided connecting the
turnout with the residential units north of the turnout.
8. That the submitted plans shall show the truck loading
space(s) as required by Code Section 18.06.060. Said
plan, including truck routing, shall be submitted to the
City Traffic and Transportation Manager for his review
and approval. No U-turns shall be permitted for trucks
on-site.
9. That all necessary traffic mitigation measures, as
required by the City Traffic and Transportation Manager
in connection with the submitted Traffic Impact Study,
shall be installed prior to occupancy of the first
building.
10. That prior to the issuance of a building permit for any
drive-through facility, the drive-through lane shall be
reviewed and approved by the City Traffic and
Transportation Manager.
11. That plans submitted for building permits shall show
conformance with Engineering Standard Plan No. 137
pertaining to sight distance visibility.
12. That the property owner/developer shall construct La
Palma Avenue to its ultimate half-section width as a
Modified Primary with deceleration lanes adjacent to the
project boundary. The Master Plan-designated Class III
bikeway shall also be signed along this segment of La
Palma Avenue. Prior to issuance of a building permit,
street improvement plans shall be submitted to the
Subdivision Section and bonds shall be posted, in an
amount as determined by the City Engineer and a form as
approved by the City Attorney, to guarantee completion
of said improvements.
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CUP #3423
13. That the property owner/developer shall construct La
Palma Avenue to its ultimate half-width section width as
a Modified Primary with one continuous twelve (12) foot
wide acceleration/deceleration lane from Weir Canyon
Road to west of the proposed bus stop adjacent to the
project boundary (approximately one thousand [1,000]
feet). The Master Plan-designated Class III bikeway
shall also be signed along this segment of La Palma
Avenue. Prior to issuance of a building permit, street
improvement plans shall be submitted to the Subdivision
Section and bonds shall be posted, in an amount as
determined by the City Engineer and a form as approved
by the city Attorney, to guarantee completion of said
improvements.
14. That a two hundred (200) foot long left-turn pocket with
an eleven (11) foot width, a four (4) foot raised median
divider and a ninety (90) foot transition shall be
provided for traffic on La Palma Avenue desiring to turn
left into the central project entrance. The other two
project entries on La Palma Avenue shall be limited to
right turns only. Prior to issuance of a building
permit, street improvement plans shall be submitted to
the Subdivision Section and bonds shall be posted, in an
amount as determined by the city Engineer and a in form
approved by the city Attorney, to guarantee completion
of said improvements.
15. That traffic signals shall be installed at the
intersections of the Yorba Linda Boulevard/Route 91
Freeway westbound ramps and Yorba Linda Boulevard/Route
91 Freeway eastbound ramps, and Yorba Linda Boulevard
should be widened as determined to be necessary, based
upon traffic studies for the SAVI Ranch development.
16. The property owner/developer shall contribute their
proportional share (one and eighteen hundredths percent
[1.18%]) of the full cost to widen and signalize the
eastbound Route 91 ramp intersection with Weir Canyon
Road/Yorba Linda Boulevard. Said widening shall provide
for an eastbound offramp second left turn pocket and
free right-turn-only lane, and Weir Canyon Road/Yorba
Linda Boulevard widening to three (3) northbound and
southbound through lanes plus Class II bikeways (six [6]
foot widths on each side) plus a transition for the
above-mentioned eastbound offramp free right turn lane,
and westbound onramp transition for a northbound free
right turn lane.
17. That the property owner/developer shall contribute their
proportional share (eleven and seventy six one
hundredths percent [11.76%]) of the full cost to widen
and signalize the westbound Route 91 ramp intersection
with Weir Canyon Road/Yorba Linda Boulevard. Said
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CUP #3423
widening shall provide for a southbound free right turn
lane and a third southbound through lane, and a
westbound offramp second left turn pocket. This project
shall be part of the Weir Canyon Road/Yorba Linda
Boulevard widening to three (3) northbound and
southbound through lanes plus Class II bikeways (six [6]
foot widths on each side).
18. That the property owner/developer shall contribute their
proportional share (fifteen percent [15%]) of the full
cost to widen Weir Canyon Road/Yorba Linda Boulevard
between the Route 91 eastbound offramp and La Palma
Avenue to three (3) northbound and southbound through
lanes plus Class II bikeways (six [6] foot widths on
each side).
19. That the property owner/developer shall contribute their
proportional share of local funds required for
improvements to the La Palma Avenue/Weir Canyon Road
(Yorba Linda Boulevard) intersection to provide a
left-turn lane on the northbound approach and a
southbound through lane in a manner meeting the approval
of the City Traffic and Transportation Manager.
20. That the property owner/developer shall contribute their
proportional share (nineteen and two hundredths
[19.02%]} of the full cost to widen and modify the
signal at the La Palma Avenue/Yorba Linda Boulevard/Weir
Canyon Road intersection. Said widening shall provide a
northbound second left turn pocket, and a southbound
second left turn pocket, and a third through lane (by
converting the existing right turn only lane).
21. That the property owner/developer shall provide bus
turnouts as required by the Orange County Transit
District and the City Traffic and Transportation
Manager.
22. That the property owner/developer shall provide a bus
turnout and/or concrete pad and shelter, which shall be
installed west of the central project access on the far
side of Weir Canyon Road on westbound La Palma Avenue,
as required by the city Engineer.
23. That the property owner/developer shall install a
traffic signal at the central project access, and stop
signs and right turn only signs shall be installed
within the site at the westernmost and easternmost exit
points to control traffic. Internal traffic
signing/striping shall be implemented in conjunction
with detailed construction plans for the project.
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cup #3423
24. That at the time of preparation of final grading,
landscape and street improvement plans, sight distances
at each exit point shall be reviewed and approved by the
city Engineer with respect to City of Anaheim sight
distance standards.
25. That twenty five (25) foot radius curb-return type
driveways shall be constructed at each of the access
points on La Palma Avenue to facilitate ingress/egress
to the site.
26. That prior to approval of a grading plan, the property
owner/developer shall submit a borrow site and route of
haul plan for the review of Caltrans and the review and
approval of the City Engineer. Said plan shall
specifically identify the location of the borrow site(s)
from which the additional fill material will be
transported. The haul route plan shall specify that no
trucks will be allowed on residential streets and the
hours and days of transport to completion of the grading
operation.
27. That prior to approval of a grading permit for
construction activities within the La Palma Avenue
right-of-way, including but not limited to road
improvements and relocation of infrastructure, the
applicant shall obtain approval from the City Engineer
of a plan for rerouting traffic around the construction
area in such a manner that disruption of traffic flow is
kept to a minimum and public health and safety is
maintained.
28. That the property owner/developer shall be responsible
for the installation of underground conduits,
substructures and related facilities to provide for
underground 12KV cables, pad mounted switches,
capacitors and transformers which will be installed
on-site in public utility easements in accordance with
city of Anaheim Rates, Rules and Regulations.
29. That street lighting facilities along La Palma Avenue
and Weir Canyon Road 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.
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CUP #3423
30. That subject proposal authorized by this resolution
shall be served by underground utilities.
31. That new underground served street lights and conduit
system shall be installed along La Palma Avenue and
Yorba Linda Boulevard.
32. That the landscape irrigation system(s) should be
controlled automatically to ensure watering during early
morning or evening hours to reduce evaporation losses.
33. That drought-tolerant plants shall be incorporated into
project landscape plans wherever possible and
water-conserving irrigation systems (e.g., drip
irrigation) shall be utilized. Soil moisture sensors
are recommended in common area landscaping.
34. That plumbing fixtures to reduce water usage and loss
should be utilized (e.g., low volume toilet tanks, flow
control devices for faucets, etc.) in accordance with
Title 24 of the California Administrative Code. In
addition, air conditioning water consumption should be
reduced through the use of recycling.
35. That prior to the issuance of each building permit,
landscaping and irrigation plans shall be submitted to
the City Planning Department and Utilities Departments
for review and approval.
36. That the on-site landscaping and irrigation system shall
be maintained in compliance with City standards.
37. That prior to the issuance of each building permit, the
appropriate fees due for primary water mains and fire
protection service shall be paid to the Water
Engineering Division of the Utilities Department in
accordance with Rules 15A and 20 of the Water Utility
Rates, Rules and Regulations.
38. That prior to approval of a grading plan or prior to
approval of a final parcel map, whichever occurs first,
the twelve inch (12") water line shall be "pot-holed"
to verify exact location and depth, and appropriate
clearances shall be provided from building footage. A
twenty (20) foot minimum public utility easement shall
also be dedicated to the City of Anaheim.
39. That the abandonment of any water wells and associated
facilities shall be in accordance with the procedures
established by the City of Anaheim Water Engineering
Division.
40. That the water backflow equipment and any other large
water system equipment shall be installed to the
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CUP #3423
satisfaction of the Water Utility Division in either (a)
underground vaults or (b) behind the street setback area
in a manner fully screened from all public streets and
alleys.
41. That all lockable pedestrian and/or vehicular access
gates shall be equipped with "knox box" devices as
required and approved by the Fire Department.
42. That fire sprinklers shall be installed as required by
the Fire Department.
43. That prior to issuance of building permits, a plan
showing satisfactory vehicular access through the site
shall be submitted to the Fire Department for review and
approval. Said plan shall include information showing
turning radii, accessway widths (possibly necessitating
the posting of "no parking" signs) and whether loading
docks encroach into any accessways. A minimum twenty
(20) foot accessway shall be maintained in the rear of
the complex as required by the Fire Department.
44. That, as required by the Uniform Fire Code, the
following minimum standards shall apply:
a. Fuel dispensing devices shall be located a minimum
distance of ten (10) feet from any property line
and shall be so located that all parts of a vehicle
being serviced are on private property.
b. Fuel dispensing devices shall be located not less
than ten (10) feet from any building which is not
fire resistive construction. Such devices shall
also be located so that the nozzle, when the hose
is fully extended, shall not reach closer than five
(5) feet to any building opening.
c. Fuel dispensing devices shall be protected against
physical damage from vehicles by mounting on a
concrete island a minimum of six (6) inches in
height. Alternate methods of providing equivalent
protection may be permitted when approved by the
Fire Department.
d. Dispensing of gasoline into fuel tanks or
containers shall at all times be under the
supervision of a qualified attendant.
e. The attendant's primary function shall be to
supervise, observe and control the dispensing of
gasoline.
f. Dispensing of gasoline shall not be into portable
containers unless such containers are of approved
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CUP #3423
material and construction, having a tight closure
with a screwed or spring cover, and so designed
that the contents can be dispensed without
spilling.
g. It shall be the attendant's responsibility to
control sources of ignition and immediately handle
accidental spills and fire extinguishers if
necessary.
h. Emergency controls shall be installed at a location
acceptable to the Fire Department, but controls
shall not be more than one hundred (100) feet from
dispensers.
i. Instructions for the operation of dispensers shall
be conspicuously posted.
j. Remote preset-type devices shall be in the "off"
position while not in use so the fuel dispenser
cannot be activated without the knowledge of the
attendant.
k. Fuel dispensing devices shall be in clear view of
the attendant at all times and no obstacles shall
be placed between the dispensing devices and the
attendant. Use of cameras may be utilized as
approved by the Fire Department.
1. The attendant shall at all times be able to
communicate with persons in the fuel dispensing
area via a two-way speaker system.
45. That there shall be no sale of beer, wine or other
alcoholic beverages of any kind on subject property
unless a conditional use permit is first approved
authorizing such use; provided, however, that under no
circumstances shall the sale of beer, wine or other
alcoholic beverages be permitted in connection with the
service station.
46. That during business hours of subject facility, separate
men's and women's restrooms shall be available to the
public, and shall be properly supplied and maintained.
Said facilities shall be specifically shown on the plans
submitted for building permits.
47. That, in conformance with Anaheim Municipal Code Section
18.44.050.070 pertaining to removal of closed service
stations, an unsubordinated agreement shall be recorded
with the office of the Orange County Recorder agreeing
to remove the service station structures in the event
that the station is closed for a period of twelve (12)
consecutive months. A service station shall be
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considered closed during any month in which it is open
for less than fifteen (15) days. A copy of the recorded
agreement shall be submitted to the Zoning Division.
48. That in compliance with Anaheim Municipal Code Section
18.87.023.020, the sale of beer and wine for off-premise
consumption shall be subject to the following:
a. A minimum enclosed retail sales area of twelve
hundred (1200) square feet shall be provided;
b. An inventory of retail sales items (not including
beer, wine, fuel or automotive products) exceeding
ten thousand dollar ($10,000.00) shall be
maintained on the site;
c. Receipts from the sale of beer and wine shall not
exceed thirty five percent (35%) of all retail
sales during any twelve (12) month period;
d. No display of beer or wine shall be located outside
a building or within five (5) feet of any public
entrance to a building;
e. The areas of beer or wine displays shall not exceed
twenty five percent (25%) of the total display area
in a building;
f. Cold beer or wine having a temperature below sixty
five degrees (65°) Fahrenheit shall only be sold
from or displayed in permanently affixed coolers
for the cooling and storage of all refrigerated
products;
g. No advertising of beer or wine shall be located,
placed or attached to any location outside that
interior of a building and that any such
advertising shall not be visible to anyone outside
the building;
h. No video, electronic or other amusement devices or
games shall be permitted;
i. Sale of alcoholic beverages shall be made to
customers only when the customer is inside the
building;
j. No person under twenty one (21) years of age shall
sell or be permitted to sell any beer or wine;
k. At least one (1) sign to discourage driving a
vehicle while under the influence of drugs or
alcoholic beverages shall be prominently displayed
inside the building for every three (3) signs
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CUP #3423
advertising beer or wine; provided, however, that
at least two (2) such signs to discourage driving a
vehicle while under the influence of drugs or
alcoholic beverages shall be prominently displayed
inside the building; and
1. The operator of the service station shall
participate in, aid and support educational and
other programs intended to reduce driving while
under the influence of drugs or alcoholic
beverages.
49. That no fast-food service facilities shall be permitted
in subject commercial retail center unless a variance is
approved by the City Council, Planning Commission or
Zoning Administrator, or unless sufficient Code parking
is provided.
50. That the order speaker for the drive-through restaurant
shall be equipped with an operable volume control.
51. That in the event a parcel map to subdivide subject
property is recorded, an unsubordinated restricted
covenant providing reciprocal access and parking,
approved by the City Traffic and Transportation Manager
and Zoning Division and in a form satisfactory to the
City Attorney, shall be recorded with the office of the
Orange County Recorder. A copy of the recorded covenant
shall then be submitted to the Zoning Division. In
addition, provisions shall be made in the covenant to
guarantee that the entire complex shall be managed and
maintained as one (1) integral parcel for purposes of
parking, vehicular circulation, signage, land usage and
architectural control, and that the covenant shall be
referenced in all deeds transferring all or any part of
the property.
52. That all roof mounted equipment shall comply with the
following standards and that such information shall be
specifically shown on plans submitted for building
permits:
a. Screening of equipment shall be provided by
acceptable permanent building materials the same as
or similar to those which are used in the
construction of the underlying building or shall be
screened from view by acceptable architectural
features of the building itself. Said screening
shall not exceed the height limits established by
Section 18.84.062.031 of the Anaheim Municipal
Code.
b. Roof mounted equipment shall be located or enclosed
in such a manner so as not to be visible from any
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CUP #3423
public street, public or private property at
finished grade level, or from any floor level of
any residential structure.
c. In order to minimize the visibility of screening
methods and/or materials, all equipment shall be
painted to match the roof on which it is located,
as well as painted to match any materials used for
equipment screening.
d. The method and/or screening material which is used
shall not be readily recognizable as a screening
device, but shall be designed as an integral design
component of the building design.
e. All equipment screening shall be retained and
maintained in good condition.
53. 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.
54. That prior to issuance of a building permit, a solid
waste management plan with recycling capabilities shall
be approved by the Street Maintenance and Sanitation
Division. Upon occupancy of the project, said plan
shall commence and shall remain in full effect as
required by said Division.
55. That prior to issuance of the first building permit,
plans showing access to and construction of trash
enclosures shall be submitted to the Maintenance
Department for review and approval.
56. That the property owner/developer shall comply with all
adopted City regulations pertaining to trash collection,
such as drop-off bins, recycling programs and other
means of reducing the amount of waste requiring
disposal, during construction and when the project is in
operation.
57. That an eight (8) foot high masonry block wall shall be
constructed along the west property line where subject
property abuts single-family RS-5000(SC) zoned
residential lots.
58. That lighting fixtures in any proposed parking area
located adjacent to any residential property shall be
down-lighted with a maximum height of twelve (12) feet.
Said lighting fixtures shall be directed away from
adjacent residential property lines to protect the
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CUP #3423
residential integrity of the area and shall be
so-specified on the plans submitted for building
permits.
59. That the proposal shall comply with all signing
requirements of the CL(SC) "Commercial, Limited - Scenic
~'~ Corridor Overlay" Zone, unless a variance allowing sign
waivers is approved by the City Council, Planning
Commission or Zoning Administrator.
60. That lighting of signage for subject property shall be
prohibited between the hours of midnight and 6:30 a.m.
as specified by Zoning Code Section 18.05.091.052,
unless a variance is applied for and granted.
61. That any proposed freestanding sign on subject property
shall be a monument-type not exceeding eight (8) feet in
height and shall be subject to the review and approval
of the city Traffic and Transportation Manager to
determine adequate lines-of-sight.
62. That prior to installation of any business signs for
subject commercial retail center, plans for a
comprehensive sign program shall be submitted to the
Zoning Division for review and approval by the Planning
Commission as a "Report and Recommendation" agenda item.
63. That a landscape and irrigation plan for subject
property shall be submitted to the Zoning Division for
review and approval. Any decision made by the Zoning
Division regarding said plan may be appealed to the
Planning Commission and/or city Council.
64. That minimum fifteen (15) gallon sized trees, planted on
maximum twenty (20) foot centers with appropriate
irrigation facilities, shall be installed and maintained
v along the south property line adjacent to La Palma
Avenue.
65. That the on-site landscaping and irrigation system shall
be maintained in compliance with City standards.
66. That the parking area adjacent to La Palma Avenue shall
be screened from view in conformance with Zoning Code
Section 18.44.064.010. Such screening shall be shown on
plans submitted for building permits.
67. That as required by Code Section 18.84.062.020
(pertaining to commercial development in the Scenic
Corridor), in addition to the required setback and slope
landscaping, all parking areas and vehicular accessways
shall be permanently landscaped with at least one (1)
tree per three thousand (3,000) square feet of parking
areas and/or vehicular accessway evenly distributed
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throughout such areas. There shall be an average of
forty eight (48) square feet of planter area provided
per tree. Said planter areas shall have minimum
dimensions of six (6) feet. Plans submitted for
building permits shall show compliance with these
requirements.
68. That prior to approval of a grading permit, the property
owner/developer shall provide evidence to the City
Engineer showing that they have entered into an
agreement with the Orange County Sanitation District
(OCSD) to relocate the fifty one inch (51") sewer line
and to provide a sufficient sewer utility easement as
determined to be appropriate by OCSD. Relocation of the
line and easement shall be completed in a manner meeting
the approval of OCSD and the city Engineer prior to the
issuance of a building permit.
69. That all grading activities shall be conducted in
conformance with Chapter 17.06 "Grading, Excavation and
Fills in Hillside Areas" of the Anaheim Municipal Code.
70. That the property owner/developer shall submit a grading
plan, prepared by a registered civil engineer and
geotechnical engineer, for review and approval by the
city Engineer. The grading plan shall include an
erosion, siltation and dust control plan for review and
approval by the City Engineer. The plan shall also
include provisions for mitigation measures such as
temporary irrigation and immediate planting on all
exposed pads and slopes, temporary sedimentation basins
and sand bagging, and shall include a watering and
compaction program.
71. That in order to control fugitive dust during clearing,
grading, earth moving or excavation, in conformance with
AQMD Rule 403 requirements, the property owner/developer
shall institute a regular watering program of affected
areas or such other dust palliative measures as required
by the Director of Public Works/City Engineer. After
clearing and grading activities are completed, the site
shall be watered sufficiently to form a crust on the
surface through repeated soaking, spread of soil binders
and/or the introduction of groundcover.
72. That barriers, warning signs and/or flagmen shall be
employed, as appropriate, to maintain traffic and
pedestrian safety during all grading activities. All
trucks hauling export or import material from the site
shall be covered or sprinkled prior to entering public
streets to minimize potential fugitive dust.
73. That plans showing drainage of subject property shall be
submitted to the City Engineer and the Orange County
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Flood Control District for their review and approval.
74. That grading, excavation and all other construction
activities shall be conducted in such a manner so as to
minimize the possibility of any silt originating from
this project being carried into the Santa Ana River by
storm water originating from or flowing through this
project.
75. That the development shall conform to Chapter 17.28
"Flood Hazard Reduction" of the Anaheim Municipal Code.
76. That prior to the issuance of any building permits, the
property owner/developer shall identify the finished
floor elevation(s) of the lowest habitable room(s) to
demonstrate that said elevation(s) are a minimum of one
(1) foot above the corresponding floodplain
elevation(s), in a manner meeting the approval of the
Chief Building official.
77. That prior to the issuance of a building permit for the
construction of any facility which will store or use
hazardous materials, the property owner/developer shall
prepare a monitoring program for the review and approval
of the City Fire Department and the Orange County Water
District to ensure that contaminants or hazardous
materials utilized on the site do not leak into the
groundwater basins underlying the site.
78. That prior to approval of a grading permit, the property
owner/developer shall obtain NPDES permits.
79. That prior to the approval of grading plans and prior to
the issuance of building permits, the property
owner/developer shall demonstrate to the Director of
Public Works compliance with the South Coast Air Quality
Management District Rule 403, which requires regular
watering to control fugitive dust during construction.
80. That the property owner/developer shall agree to
maintain construction equipment engines in proper tune
and discontinue construction activities during second
stage or worse smog alerts. Monitoring shall be a part
of grading site inspections.
81. That the property owner/developer shall comply with
SCAQMD Regulation 15 requiring ride sharing programs
(e.g., car pooling) and utilization of alternative modes
of transportation.
82. 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
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Code.
83. That the property owner/developer shall schedule
construction and grading to avoid Santa Ana wind
conditions. No grading shall occur on-site when on-site
wind velocity exceeds fifteen (15) miles per hour.
84. That excavation, grading and other construction
activities related to the proposed project shall be
restricted to the 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 on Sundays when
ambient noise levels are the lowest.
85. That construction and maintenance activities, including
the repair and maintenance of equipment, shall conform
to and comply with applicable provisions of the City of
Anaheim Noise Ordinance.
86. That when feasible, construction equipment shall be
stored on-site to eliminate and/or reduce
heavy-equipment truck trips.
87. That where feasible, roof-mounted mechanical equipment
shall be attenuated from residential receptors to reduce
potential noise impacts upon those areas.
88. That a noise barrier shall be constructed along the
north boundary of the project to attenuate noise
associated with nearby train operations. The noise
barrier shall be an extension of the existing barrier
behind Tract No. 9169. An additional noise barrier
shall be constructed along the west border of the
project separating the project from the tract homes.
This barrier shall attenuate reflected train noise and
noise levels associated with deliveries to "Major A"
Building.
89. That prior to removal of any specimen trees (Eucalyptus
with trunk diameters eight [8] inches or greater), the
property owner/developer shall obtain a permit allowing
removal of such trees pursuant to Section 18.84.038 of
the City of Anaheim Municipal Code pertaining to tree
preservation in the Scenic Corridor.
90. That prior to approval of a grading plan, a landscape
and irrigation plan for the project shall be prepared by
a licensed landscape architect and submitted to the
Zoning Division for review and approval. The plan shall
place heavy emphasis on using drought-resistant and
fireretardant native vegetation and shall be irrigated
via a system designed to avoid surface runoff and
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overwatering. Said plan shall also include a
significant landscape buffer along the western and
northern property line of Parcel B to screen adjacent
residential uses. The landscape plan shall also include
a maintenance program which controls the use of
fertilizers and pesticides. Prior to final building and
zoning inspections, the licensed landscape architect
shall certify to the Zoning Division that the
landscaping has been installed in accordance with the
approved plan.
91. That all mechanical equipment and trash areas shall be
screened from public street and adjoining properties.
92. That prior to issuance of each building permit, building
plans including exterior elevations, landscape plans and
lighting plans shall be submitted to the Zoning Division
for review and approval.
93. That all outdoor lighting fixtures, including parking
lot lighting, shall be shielded or constructed so that
light rays emitted by the fixtures are projected below
the horizontal plane passing through the lowest point on
the fixture from which light is emitted.
94. That prior to the issuance of the first building permit,
a comprehensive sign program shall be submitted to the
Zoning Division for review and approval. On-premise
advertising signs, other than those used to display the
name of the project or the businesses operating within
the project, shall be illuminated only during those
hours when the business facility is open to the public.
95. 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.
96. That prior to issuance of an occupancy permit, the
property owner/developer shall undertake and complete
parkway landscaping improvements along Yorba Linda
Boulevard.
97. That prior to issuance of each building permit, the
property owner/developer shall consult with the Southern
California Gas Company to review energy conserving
systems and design features which are required for the
project.
98. That the developer shall be held responsible for
complying with the monitoring and reporting program
established by the City in compliance with Section
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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. 305
that have been incorporated into the Mitigation
Monitoring Program labeled Attachment "A".
99. That prior to issuance of building permits, a revised
vehicle circulation plan which eliminates through
vehicular access along the subject property's western
boundary shall be submitted to the City Traffic and
Transportation Manger for his review and approval. Said
revised plan shall be prepared in consultation with the
neighborhood representatives from the residential tract
located to the west of the project.
100. That prior to issuance of building permits, a plan to
provide a minimum ten (10) foot deep buffer, including
sound attenuation walls and landscaping, along the
residential properties located on Woodsboro Avenue shall
be submitted to the Planning Department for review and
approval. Said plans shall describe all proposed
conveyances and show detailed improvement plans for
walls and landscaping. The cost of said designs and
improvements shall be borne by the developer.
101. That delivery hours shall be limited to Monday through
Friday, 8:00 a.m. to 6:00 p.m. and Saturday and Sunday,
9:00 a.m. to 6:00 p.m. Sunday deliveries shall be
permitted for the market only. An electronically
controlled gate equipped with a "knox box" shall be
installed to eliminate vehicular entry except during the
approved delivery hours.
102. All loading areas shall be screened and acoustically
sound attenuated.
103. That prior to issuance of the first building permit, a
Lot Line Adjustment Plat shall be submitted to the
Subdivision Section for review and approval by the city
Engineer, and then be recorded in the Office of the
Orange County Recorder. The lot line adjustment shall
move the west property line to give adjacent residential
lots an additional ten (10) feet plus another three (3)
feet from the top of the slope to comply with Chapter
17.06 "Grading, Excavations and Fills in Hillside Areas"
of the Anaheim Municipal Code.
104. 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 file with the Planning Department marked Revision
No. 1 of Exhibit No. 1, and Exhibit Nos. 2 and 3;
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CUP #3423
including that all the wall, landscaping and sound
buffering requirements specified in Condition Nos. 57,
67 and 100 of this resolution shall be complied with.
105. (a) That the hours of operation for the drive
through/fast food restaurant shall be limited to
the following:
Friday and Saturday - 6:00 o'clock AM to midnight
Sunday through Thursday - 6:00 o'clock AM to 11
o'clock PM.
(b) That the hours of operation for the service station
shall be limited to: 6:00 o'clock AM to midnight.
106. That prior to issuance of grading permits for Parcel A,
the property owner/developer shall make application to
the city of Anaheim for the abandonment of "Old" La
Palma Avenue east of Jennifer Drive.
107. That prior to issuance of building permits, the property
owner/developer shall irrevocably offer to dedicate to
the City of Anaheim a twelve (12) foot wide right turn
lane on the west side of Weir Canyon Road/Yorba Linda
Boulevard, two hundred (200) feet in length, as required
by the city Traffic and Transportation Manager.
108. That final landscape plans for the project shall
incorporate the following:
(a) Planting and irrigation for the area west and north
of the Melanie Drive/Jennifer Drive entrance to
Woodsboro Avenue in a theme similar to the median
landscaping found in the adjacent La Palma Avenue
median;
(b) Both sides of the north/south portions of Melanie
and Jennifer Drives south of Woodsboro Avenue shall
be planted with shrubs and/or ground cover and
irrigated; and
(c) To the extent practicable and in the event "Old" La
Palma Avenue is abandoned, landscaping, irrigation
and a screen wall shall be installed in that
portion of "Old" La Palma Avenue east of Jennifer
Drive.
109. That prior to approval of a grading plan, Condition Nos.
26, 27, 38, 68, 70, 78, 79, 90 and 106, 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.
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cup #3423
110. That prior to issuance of a building permit, or within a
period of one (1) year from the date of this resolution,
Condition Nos. 1, 2, 3, 4, 5, 8, 10, 11, 12, 13, 14, 16,
17, 18, 19, 20, 24, 29, 35, 37, 43, 47, 53, 54, 55, 58,
63, 76, 77, 79, 90, 92, 94, 97, 99, 100, 103, 107 and
108, 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.
111. That prior to final building and zoning inspections,
Condition Nos. 6, 7, 9, 12, 13, 14, 15, 21, 22, 23, 25,
28, 29, 30, 31, 32, 33, 34, 40, 41, 42, 44, 50, 52, 57,
58, 64, 66, 67, 88, 91, 93, 95, 96, 102 and 104,
above-mentioned, shall be complied with.
112. That approval of this application constitutes approval
of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code ahd 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.
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 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 20th day of August, 1991.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34C3423.12
102391
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CUP #3423
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. 91R-260 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 20th day of
August, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-260 on the 21st day of August, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 21st day of August, 1991.
CITY CLERK OF THE CITY OF ANAHE~
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 91R-260 duly passed and adopted
by the City Council of the City of Anaheim on August 20, 1991.
CITY CLERK OF THE CITY OF ANAHEIM