97-040RESOLUTION NO. 97R -40
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3920.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a 35,000 sq.ft. health club and 10,000 sq.ft. child day
care facility with a 15,000 sq.ft. outdoor play area in Development
Area 2 "Retail Commercial and Entertainment" of Specific Plan No.
90 -1 "The Festival" upon certain real property located within the
City of Anaheim, County of Orange, State of California, legally
described as:
PARCEL A: PARCELS 3,4,6,8,9,12,13 AND 16 IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 255 PAGES 1,2,3, AND 4 OF PARCEL MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, AS AMENDED BY CERTIFICATE OF CORRECTION
RECORDED FEBRUARY 24, 1993 AS INSTRUMENT NO.
93- 0114016 OF OFFICIAL RECORDS OF SAID COUNTY.
PARCEL B: PARCEL 21, IN THE CITY OF ANAHEIM,
COUNTY Off' ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON THE PLAT ATTACHED TO LOT LINE
ADJUSTMENT PLAT NO. 264 RECORDED SEPTEMBER
30, 1991 AS INSTRUMENT NO. 91- 532358 OF
OFFICIAL RECORDS OF SAID COUNTY.
PARCEL C: PARCEL 23, 24 AND D, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON THE PLAT ATTACHED TO
LOT LINE ADJUSTMENT NO. 293 RECORDED APRIL 30,
1993 AS INSTRUMENT NO. 93- 0291591 OF OFFICIAL
RECORDS OF SAID COUNTY.
PARCEL D: PARCEL A, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON THE PLAT ATTACHED TO LOT LINE
ADJUSTMENT NO. 295 RECORDED MAY 11, 1993 AS
INSTRUMENT NO. 93- 0315924 OF OFFICIAL RECORDS
OF SAID COUNTY.
PARCEL E: PARCEL 26 AND E, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON THE PLAT ATTACHED TO
LOT LINE ADJUSTMENT NO. 301 RECORDED JULY 27,
1993 AS INSTRUMENT NO. 93- 0500566 OF OFFICIAL
RECORDS OF SAID COUNTY; 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. PC97 -27 granting
Conditional Use Permit No. 3920; 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 proposed to be located.
3. The size and shape of the site proposed for the use
is adequate to allow the full development of the proposed use
in a manner not detrimental to the particular area nor to the
peace, health, safety and general welfare.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed
and improved to carry the traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace,
health, safety and general welfare of the citizens of the City
of Anaheim.
AND WHEREAS, the City Council does further find,
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after careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.06.080 of the Anaheim Municipal Code are present and that
said waiver(s) should be granted, for the following reasons:
1. The variance(s) 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(s) 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, for the reasons hereinabove stated,
the action of the City Planning Commission granting said
conditional use permit be, and the same is hereby, affirmed and
that Conditional Use Permit No. 3920 be, and the same is
hereby, granted permitting a 35,000 sq.ft. health club and
10,000 sq.ft. child day care facility with a 15,000 sq.ft.
outdoor play area in Development Area 2 "Retail Commercial and
Entertainment" of Specific Plan No. 90 -1 "The Festival" on the
hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
Sections 18.06.050.02555
18.06.050.02593
18.06.050.0264
18.06.080
and 18.74.040.070
subject to the following conditions:
Minimum number of parking spaces.
(4,028 spaces required;
3,308 spaces proposed, as recommended
by the parking
study and approved by the City Traffic
and Transportation
Manager)
1. That final plans showing detailed elevations, signage,
landscaping, exterior equipment, colors and materials for the
facility shall be submitted to the Planning Commission for
review and approval as a "Reports and Recommendations" item.
The decision of the Planning Commission shall be subject to
appeal to, or review by, the City Council in the time and
manner provided in Sections 18.03.080- 18.03.084 of the Anaheim
Municipal Code.
2. That, due to the parking waiver, the project owner /developer
shall, on an ongoing basis, promote shared marketing of the
theater with restaurants in the Anaheim Hills Festival Shopping
Center.
3. That employee parking shall not be permitted on the upper level
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during the peak parking demand periods: Fridays and Saturdays
between 6 p.m. and 10 p.m.
4. That the outdoor play areas for the child day care facility
shall not be utilized by children prior to 8 a.m. or after 6
p.m.
5. That an on -site loading and unloading area for the child care
facility shall be provided in a manner and design acceptable to
the City Traffic and Transportation Manager. Said area shall
be shown on plans submitted for building permits.
6. That gates shall be provided for emergency exiting from all
fenced areas of the child day care facility. Said gate
locations shall be shown on plans submitted for building
permits.
7. 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 and 602 pertaining to parking standards and
driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
8. That the new driveway accessing Festival Drive shall be
constructed with ten (10) foot radius curb returns as required
by the City Engineer in conformance with Engineering Standard
No. 137.
9. That the lot line for Parcel No. 2 shall be clearly identified
on the site plans submitted for building permits.
10. That a plan sheet for solid waste storage and collection and a
plan for recycling shall be submitted to the Public Works
Department, Streets and Sanitation Division, for review and
approval.
11. That an on -site trash truck turn around area shall be provided
and maintained in a manner and design satisfactory to the
Public Works Department, Streets and Sanitation Division. Said
turn around area shall be specifically shown on plans submitted
for building permits.
12. That the developer shall submit a Water Quality Management Plan
(WQMP) specifically identifying the best management practices
that will be used on -site to control predictable pollutants
from stormwater runoff. The WQMP shall be submitted to the
Public Works, Development Services Division, for review and
approval.
13. That the owner of the subject property shall submit a letter
requesting termination of Variance No. 4201 (to waive the
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minimum number of parking spaces for Development Area 2 in
conjunction with a 4,016 sq.ft. increase in building area and
the redesignation of a portion of Development Area 2 from "Home
Improvement Furnishings" uses to "General Retail" uses to the
Zoning Division.
14. 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 Exhibit No. 1.
15. That prior to the issuance of a building permit for the general
retail uses (up to 20,000 sq.ft.), an updated parking study
shall be prepared by a qualified traffic engineer and the
results shall be submitted to the Zoning Division of the
Planning Department for review by the City Traffic and
Transportation Manager and the Planning Commission as a
"Reports and Recommendations" item to determine if the parking
is adequate to accommodate said general retail uses. The
decision of the Planning Commission shall be subject to appeal
to, or review by, the City Council in the time and manner
provided in Sections 18.03.080- 18.03.084 of the Anaheim
Municipal Code.
16. That a sound study shall be prepared determining the current dB
reading of existing roof mounted air conditioning equipment and
methods for reducing the existing reading of the equipment
affecting the residential properties to the south by two (2)
dB's. All new equipment shall have a dB reading not exceeding
this two (2) dB reduction. Said study shall be submitted to
the Zoning Division of the Planning Department as a "Report and
Recommendations" item for Planning Commission review.
Implementation of said study shall be required as directed by
the Commission. The decision of the Planning Commission shall
be subject to appeal to, or review by, the City Council in the
time and manner provided in Sections 18.03.080 18.03.084 of the
Anaheim Municipal Code.
17. That prior to issuance of a building permit or within a period
of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 1, 5, 6, 7, 9, 10, 11, 12, 13, 15
and 16, 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.
18. That prior to final building and zoning inspections, Conditions
No. 8 and 14, above mentioned, shall be complied with.
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19. That unless conditions to the contrary were expressly imposed
upon the granting of the parking waiver, the granting of said
waiver shall be deemed contingent upon operation of the
approved uses in conformance with the assumptions relating to
the operation and intensity of the use as contained in the
parking demand study that formed the basis for approval of said
waiver. Exceeding, violating, intensifying or otherwise
deviating from any of said assumptions as contained in the
parking demand study shall be deemed a violation of the express
conditions imposed upon said termination or modification
pursuant to the provisions of Section 18.03.091 and 18.03.092
of the Zoning Code.
20. 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.
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 1st day of April, 1997.
ATTES
CITY CLERK OF THE CITY OF ANAHEIM
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MAYOR OF TH CITY ANAHEIM
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. 97R -40 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 1st day of April, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: None
ABSENT: MAYOR /COUNCIL MEMBERS: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -40 on the 1st day of April, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 1st day of April, 1997.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -40 was duly passed and adopted by the City Council of
the City of Anaheim on April 1, 1997.
CITY CLERK OF THE CITY OF ANAHEIM