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97-078RESOLUTION NO. 97R-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 4303. WHEREAS, after a request for variance to permit a 105,984 sq.ft. home improvement sales building with a 24,723 sq.ft. foot garden center, was received, a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 4303 was approved covering the following described property: PARCELS 1 AND 2 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 4 OF PARCEL MAPS, IN THE OFFICE IF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.; 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 public hearing noticed and held as prescribed by law and, as a result thereof, the City Council does hereby make the following findings: 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 a conditional zoning variance be, and the same is hereby, granted to permit a 105,984 sq.ft, home improvement sales building with a 24,723 sq.ft. foot garden center described with waivers of the following sections of the Anaheim Municipal Code: (a) Sections 18.04.060.050 Minimum parking lot landscaping. 18.06.030.040 (37 landscaped planters required to separate every and 18.44.066 10 adjacent parking spaces; 24 landscaped planters proposed) (b) Sections 18.06.050.022 Minimum number of parking spaces. 18.06.080 (688 spaces required; and 18.44.066.050 551 spaces proposed and recommended by the City Traffic and Transportation Manager) That said variance be granted subject to the following conditions: 1. That there shall be no parking lot displays other than by approval of a Special Events Permit. 2. That the business owners shall, at their expense, hire and maintain a full -time security officer to patrol the parking lot beginning two (2) hours prior to the opening of the business until the close of business for the purpose of preventing loitering on the premises. 3. That the business owner operator shall designate an employee to monitor the parking lot for shopping cart retrieval every thirty (30)minutes during operating hours. The business operator shall also post signs on the property and label individual carts prohibiting the removal of carts from the property. 4. That public telephones shall be permitted only inside the building. 5. That the business owner /developer shall submit revised building elevation plans, including elevation plans for the enclosure of the garden center showing pillars and dark black or green vinyl materials, and screening plans showing the screening on Valley Street behind the landscaping and screening of the loading area, to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item. 6. That the business owner /developer shall submit roof plans specifying all roof- mounted equipment and screening devices to the Zoning Division for review and approval by the 2 Commission as a "Reports and Recommendations" item. 7. That the business owner /developer shall submit revised sign plans for a freestanding monument -type sign with a maximum height of eight (8) feet (to replace the proposed fifty [50] foot high freestanding pole sign shown on the submitted exhibits) to the Zoning Division for review and approval by the Commission as a "Reports and Recommendations" item. 8. That the business owner /developer shall submit a revised landscaping plan showing additional landscaping including vine pockets adjacent to the east building elevation (facing Valley Street) and an additional thirteen (13) trees in the parking lot in twenty five (25) square foot planters, to the Zoning Division for review and approval by the Commission as a "Reports and Recommendations" item. 9. That the petitioner shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. 73 -A as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 10. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions relating to the operation and intensity of 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 expressed conditions imposed upon said waiver which shall subject this variance to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 11. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the latest revision 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. 12. That all driveways on Gramercy Avenue and Valley Street shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. 13. That there shall be no fenced, unfenced or otherwise enclosed areas for outdoor storage uses or display with the exception of the garden center and by approval of a Special 3 Event Permit. 14. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with Engineering Standard No. 137 pertaining to sight distance visibility for the sign or wall /fence location. 15. That "no stopping any time" signs shall be posted along the frontages of this development on the following streets: Brookhurst Street, Gramercy Avenue and Valley Street. 16. That a striping and signing plan for Brookhurst Street (including raised median island), Gramercy Avenue, and the intersection of Brookhurst Street /Sequoia Avenue shall be submitted to the City Traffic and Transportation Manager for review and approval. 17. That a traffic signal plan for the intersection of Brookhurst Street and Sequoia Avenue (the proposed entrance to the proposal) shall be submitted to the City Traffic and Transportation Manager for review and approval, and that said traffic signal shall be installed by the property owner /developer. 18. That a fair share of traffic signal maintenance costs including preventive or extraordinary maintenance, unrecoverable damages and electrical costs shall be paid by the property owner /developer. The City of Anaheim will bill for these costs on a regular basis. 19. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for building permits. 20. 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. 21. That an on -site trash truck turn around area shall be provided and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn around area shall be specifically shown on plans submitted for building permits. 22. That the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division in either underground vaults or 4 behind the street setback area in a manner fully screened from all public streets and alleys. 23. 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 Engineering Department, Development Services Division, for review and approval. 24. That a lot line adjustment to merge the four (4) existing parcels shall be submitted to the Subdivision Section and approved by the City Engineer and then recorded in the Office of the Orange County Recorder. 25. That prior to grading plan approval, the developer shall file a Notice of Intent to obtain coverage under the NPDES statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. 26. That trees shall not be unreasonably trimmed to increase visibility to the facility. 27. That three (3) foot high street address numbers shall be painted on the roof in a contrasting color to the roof materials. Said address numbers shall not be visible from ground level. 28. That the owner /developer shall install a landscaped median island in Brookhurst Street from Crescent Avenue to Sequoia Avenue and landscaping along the Brookhurst Street and Gramercy Avenue frontages of the project site, in conformance with the streetscape plan for the Brookhurst Commercial Corridor. Should the installation of the landscaped median as proposed be impractical (as determined by the City Engineer and the Community Development Department), the owner /developer may make an in -lieu payment to the City equivalent to the difference between the cost of the proposed landscaped median and the median actually approved for construction, subject to review and approval by the Community Development Department of a cost estimate prepared by the owner /developer quantifying the amount of the in -lieu payment. If the owner /developer elects to make an in -lieu payment, it shall be made prior to the issuance of building permits and used to implement the Brookhurst Commercial Corridor streetscape plan in adjacent public areas. 29. That this Variance is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 96- 97-06, now pending. 5 30. 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 Nos. 1 through 5, and as conditioned herein. 31. 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. 5, 6, 7, 8, 11, 14, 16, 17, 19, 20, 21, 23, 24, 28, 29, 34 and 36 of this resolution 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. 32. That prior to final building and zoning inspections, Condition Nos. 3, 12, 15, 22, 27, 28 and 30, above mentioned, shall be complied with. 33. 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. 34. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 2604 (to permit an automobile repair and towing facility with waivers), Conditional Use Permit No. 2802 (to retain an auto towing, impound, and repair facility with waivers) and Conditional Use Permit No. 2958 (to retain a 672 sq.ft. billboard with a waiver) to the Zoning Division. 35. That the business owner shall take all actions necessary to prohibit and prevent any persons on the premises from soliciting employment from patrons of the business. 36. That the property owner shall record an unsubordinated covenant to run with the land, in a form approved by the Anaheim City Attorney, memorializing the obligation to comply with the requirements of Condition No. 35 above. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim 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. 6 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 3rd day of June, 1997. ATTEST: ITY CLERK OF THE 0023336.01 TY OF ANAHEIM 7 r s MAYO OF THE CITY OF(i AHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 97R -78 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 3rd day of June, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly NOES: MAYOR /COUNCIL MEMBERS: None TEMP. ABSENT: MAYOR /COUNCIL MEMBERS: Tait (declared conflict) AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -78 on the 3rd day of June, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of June, 1997. (SEAL) ASSISTANT CITY CLE OF THE CITY ITY OF ANAHEIM I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -78 was duly passed and adopted by the City Council of the City of Anaheim on June 3rd, 1997. ASSISTANT CITY CLE' 9t F THE CITY OF ANAHEIM