2002-233RESOLUTION NO. 2002R-233
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2002-
04603.
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 commercial retail center of regional significance,
including a home improvement store with an outdoor garden center,
other retail shops, two drive-through fast food restaurants, three
full-service restaurants with sales of alcoholic beverages for
on-premises consumption, an amusement device arcade, a multi-tenant
food court with outdoor seating and beer and wine sales for
on-premises consumption, a self storage facility utilizing storage
containers, and an outdoor storage area for recreational vehicles
and boats upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
200 BEACH BOULEVARD
PARCEL 1: THAT PORTION OF THE WEST HALF OF
THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 12, IN TOWNSHIP
4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, CIT OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN
ON MAP THEREOF RECORDED IN BOOK 51, PAGE 11
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, LYING
SOUTHERLY OF A LINE WHICH BEARS SOUTH 89' 31'
45 EAST FROM A POINT ON THE WEST LINE OF SAID
SECTION WHICH IS NORTH 0' 12' 15" WEST 609.52
FEET FROM THE SOUTHWEST CORNER OF SAID
SECTION.
EXCEPT THE WEST 55.00 FEET THEREOF.
ALSO EXCEPT THE SOUTH 290.00 FEET THEREOF.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED
IN THE FINAL ORDER OF CONDEMNATION IN FAVOR
OF THE STATE OF CALIFORNIA, RECORDED NOVEMBER
8, 1999 AS INSTRUMENT NO. 19990777736,
OFFICIAL RECORDS.
PARCEL 2: THE SOUTH 290.00 FEET OF THE WEST
HALF OF THE WEST HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION
12, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN
THE RANCHO LOS COYOTES, CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SAID SECTION IS SHOWN ON MAP THEREOF RECORDED
IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPT THE WEST 55.00 FEET THEREOF.
ALSO EXCEPT THE SOUTH 40.00 FEET THEREOF.
ALSO EXCEPT THE SOUTH 190.00 FEET OF THE WEST
205.00 FEET THEREOF, AS MEASURED FROM THE
SECTION LINES.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED
IN THE FINAL ORDER OF CONDEMNATION IN FAVOR
OF THE STATE OF CALIFORNIA, RECORDED NOVEMBER
8, 1999 AS INSTRUMENT NO. 1999-77736,
OFFICIAL RECORDS.
220 BEACH BOULEVARD
PARCEL 1: THE NORTH 155.48 FEET OF THAT
PORTION OF THE WEST HALF OF THE WEST HALF OF
THE SOUTHWEST QUARTER OF TE SOUTHWEST QUARTER
OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11
WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON
A 5~AP RECORDED IN BOOK 51, PAGE 11 OF
MISCELLA/~EOUS MAPS, RECORDS OF SAID ORANGE
COUNTY, LYING ~OUTHERLY OF A LINE WHICH BEARS
SOUTH 89' 31' 45" EAST FROM A POINT ON THE
WEST LINE OF SAID SECTION WHICH IS NORTH 0°
12' 15" WEST 765.00 FEET FROM THE SOUTHWEST
CORNER OF SAID SECTION. EXCEPT THAT PORTION
THEREOF DESCRIBED IN DEED TO THE STATE OF
CALIFORNIA RECORDED MAY 28, 1941 IN BOOK 1093
PAGE 534 OFFICIAL RECORDS.
- 2 -
PARCEL 2: Ai~ EASEMENT DRIVEWAY PURPOSED TO BE
USED IN COMMON WITH OTHERS OVER THE SOUTH 15
FEET OF THAT PORTION OF THE WEST HALF OF THE
WEST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4
SOUTH, R3LNGE 11 WEST, IN THE RANCHO LOS
COYOTES, AS SAID SECTION IS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS
MAPS, RECORDS OF SAID ORAl, GE COUNTY, LYING
NORTHERLY OF A LINE WHICH BEARS SOUTH 89' 31'
45" EAST FROM A POINT OF THE WEST LINE OF
SAID SECTION WHICH IS NORTH 0' 12' 15" WEST
765.00 FEET FROM THE SOUTH WEST CORNER OF
SAID SECTION.
EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED
TO THE STATE OF CALIFORNIA RECORDED MAY 28,
1941 IN BOOK 1093 PAGE 534, OFFICIAL RECORDS.
222 BEACH BOULEVARD
PARCEL A:
PARCEL 1: THAT PORTION OF THE WEST HALF OF
THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF
OR3LNGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID
SECTION; THENCE NORTH 0' 12' 15" WEST 765.00
FEET ALONG THE WEST LINE THEREOF; THENCE
SOUTH 89° 31' 45" EAST 226.91 FEET TO THE
WEST LINE OF THE EAST 105.00 FEET OF SAID
WEST HALF OF THE WEST HALF AND THE TRUE POINT
OF BEGINNING; THENCE NORTH 0° 11' 56"WEST
140.00 FEET ALONG SAID WEST LINE; THENCE
NORTH 89° 31' 45" WEST 188.52 FEET TO A POINT
ON A CURVE IN THE EAST LINE OF BEACH
BOULEVARD, AS DESCRIBED IN THE DEED TO THE
STATE OF CALIFORNIA, RECORDED IN BOOK 1093,
PAGE 534 OF OFFICIAL RECORDS, SAID CURVE
- 3 -
BEING CONCAVE WESTERLY HAVING A RADIUS OF
2582.00 FEET, A RADIAL TO SAID POINT BEARS
NORTH 83' 17' 42" EAST; THENCE SOUTHERLY
140.68 FEET ALONG SAID CURVE AND SAID
EASTERLY LINE TO A POINT WHICH BEARS NORTH
89' 31' 45" WEST FROM THE TRUE POINT OF
BEGINNING; THENCE SOUTH 89' 31'~ 45" EAST
176.40 FEET TO SAID TRUE POINT OF BEGINNING.
PARCEL 2: A NON-EXCLUSIVE EASEMENT FOR
INGRESS, EGRESS A_ND DRIVEWAY PURPOSES OVER
AND ACROSS THAT PORTION OF THE WEST HALF OF
THE WEST HALF OC THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID
SECTION; THENCE NORTH 0' 12' 15" WEST 765.00
FEET ALONG THE WEST LINE THEREOF THENCE SOUTH
8' 31' 45" EAST 226.91 FEET TO THE WESTLINE
OF THE EAST 105.00 FEET OF SAID WEST HALF OF
THE WEST HALF AND THE TRUE POINT OF
BEGINNING; THENCE SOUTH 0' 11' 56" EAST 15.00
FEET; THENCE NORTH 89' 31' 45" WEST 175.00
FEET TO A POINT ON A CURVE IN THE EASTERLY
LINE OF BEACH BOULEVARD, AS DESCRIBED IN THE
DEED TO THE STATE OF CALIFORNIA, RECORDED IN
BOOK 1093, PAGE 534, OFFICIAL RECORDS, SAID
CURVE BEING CONCAVE WESTERLY, HAVING A RADIUS
OF 2582.00 FEET, A RADIAL TO SAID POINT BEARS
NORTH 86' 45' 02 EAST; THENCE NORTHERLY 15.03
FEET ALONG SAID CURVE A_ND SAID EASTERLY LINE
TO A POINT WHICH BEARS NORTH 89' 31' 45" WEST
FROM THE TRUE POINT OF BEGINNING; THENCE
SOUTH 89°31'45'' EAST 176.40 FEET TO SAID TRUE
POINT OF BEGINI~ING.
300 BEACH BOULEVARD
THAT PORTION OF THE WEST HALF OF THE WEST
HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4
- 4 -
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 51, PAGE 11, MISCELLANEOUS MAPS, RECORDS
OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOW:
BEGINNING AT THE NORTHWEST CORNER OF SAID
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER;
THENCE SOUTH 0° 11' 30" EAST 358.36 FEET
ALONG THE WEST LINE OF SAID SOUTHWEST
QUARTER; OF THE SOUTHWEST QUARTER TO THE TRUE
POINT OF BEGINNING; THENCE SOUTH 89° 31' 00"
EAST 331.78 FEET; THENCE SOUTH 0' 11' 11"
EAST 80.01 FEET; THENCE NORTH 89' 31' 00"
WEST 105.00 FEET; THENCE NORTH 0' 11; 11"
WEST 15.01 FEET; TH4NCE NORTH 89' 31' 00"
WEST 226.92 FEET TO THE WESTLINE OF SAID
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER;
THENCE ALONG SAID WESTLINE NORTH 0' 11' 30"
WEST 65 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF DESCRIBED IN THE
DEED TO THE STATE OF CALIFORNIA, RECORDED MAY
28, 1941, IN BOOK 1093, PAGE 534, OFFICIAL
RECORDS;
TO BE KNOWN AS PARCEL "C" OF PARCEL MAP 80,
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA.
308 & 314 BEACH BLVD.
PARCEL 1:
THAT PORTION OF THE SOUTHWEST QUARTER OF
SECTION 12, TOWlqSHIP 4 SOUTH, R_A_NGE 11 WEST,
IN THE RANCHO LOS COYOTES, IN THE CITY OF
ANAMEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
PARCEL B, AS SHOWN ON A MAP FILED IN BOOK 42,
PAGE 29 OF PARCEL MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
RESERVING THEREFROM, A NON EXCLUSIVE EASEMENT
FOR VEHICULAR AND PEDESTRIAN RIGHT OF WAY,
ON, OVER AND ACROSS THAT PORTION THEREOF
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID
PARCEL B; THENCE ALONG THE SOUTHERLY LINE OF
SAID PARCEL B, SOUTH 89' 31' 00" EAST 50.00
FEET; THENCE PARALLEL WITH THE WESTERLY LINE
OF SAID PARCEL B, NORTH 0' 11; 30 WEST 90.00
FEET TO THE NORTHERLY LINE OF SAID PARCEL B;
THENCE, ALONG SAID NORTHERLY LINE, NORTH 89'
31' 00" WEST 25.00 FEET; THENCE SOUTH 0' 11'
30" EAST 60.00 FEET; THENCE NORTH 89' 31' 00"
WEST 25.00 FEET TO SAID WESTERLY LINE; THENCE
ALONG SAID WESTERLY LINE, SOUTH 0' 11' 30"
EAST 30.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT, TO BE USED IN
COMMON WITH OTHERS FOR INGRESS AND EGRESS TO
AND FROM THE HEREINABOVE DESCRIBED PARCEL 1,
ON, OVER AND ACROSS THAT PORTION OF PARCEL D
AS SHOWN ON A MAP FILED IN BOOK 34, PAGE 35
OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF ORAl, GE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID
PARCEL D; THENCE ALONG THE EASTERLY LINE
THEREOF, NORTH 0' 11' 11" WEST 70.00 FEET TO
THE NORTHEAST CORNER OF SAID PARCEL D;
THENCE, ALONG THE NORTHERLY LINE THEREOF,
NORTH 89' 31' 00" WEST 39.42 FEET; THENCE
SOUTH 0° 29' 00" WEST 70.00 FEET TO A POINT
ON THE SOUTHERLY LINE OF SAID PARCEL D,
DISTANT THEREON 40.24 FEET FROM THE POINT OF
BEGINNING; THENCE, ALONG SAID SOUTHERLY LINE,
SOUTH 89° 31' 00" EAST 40.24 FEET TO THE
POINT OF BEGINNING.
PARCEL 3:
A NON-EXCLUSIVE EASEMENT, TO BE USED IN
COMMON WITH OTHERS, FOR INGRESS AND EGRESS TO
- 6 -
Ai~D FROM THE HEREINABOVE DESCRIBED PARCEL 1,
IN, OVER AND ACROSS THAT PORTION OF PARCEL C
AS SHOWN ON A MAP FILED IN BOOK 13, PAGE 37
OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID
PARCEL C; THENCE ALONG THE NORTHERLY LINE
THEREOF, NORTH 89' 31' 00" WEST 40.24 FEET;
THENCE SOUTH 0' 29' 00" WEST 40.00 FEET;
THENCE, PAP_ALLEL WITH THE NORTHERLY LINE OF
SAID PARCEL C, NORTH 89' 31' 00" WEST 255.75
FEET TO THE WESTERLY LINE OF SAID PARCEL 2;
THENCE SOUTHERLY ALONG SAID WESTERLY LINE,
(BEING A CURVE CONCAVE WESTERLY AND HAVING A
RADIUS OF 2582.00 FEET), AN ARC DISTANCE OF
25.21 FEET TO THE SOUTHWEST CORNER OF PARCEL
C: THENCE, ALONG THE SOUTHERLY LINE THEREOF,
SOUTH 89' 31' 00" EAST 165.52 FEET TO AN
ANGLE POINT IN THE BOUNDARY OF PARCEL C;
THENCE, CONTINUING ALONG SAID BOUNDARY, SOUTH
0 11' 11' EAST 15.01 FEET TO AN ANGLE POINT
THEREON, THENCE, CONTINUING ALONG SAID
BOUNDARY, SOUTH 89' 31' 00" EAST 105 FEET TO
THE SOUTHEAST CORNER OF SAID PARCEL C:
THENCE, ALONG THE EASTERLY LINE THEREOF,
NORTH 0' 11' 11" WEST 80.01 FEET TO THE POINT
OF BEGINNING.
PARCEL 4:
A NON-EXCLUSIVE EASEMENT, TO BE USED IN
COMMON WITH OTHERS, FOR INGRESS AND EGRESS TO
AND FROM THE HEREINA]BOVE DESCRIBED PARCEL 1,
ON, OVER AND ACROSS THAT PORTION OF PARCEL A
AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 29
OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID
PARCEL A: THENCE, ALONG THE NORTHERLY LINE
THEREOF, NORTH 89' 41' 20" EAST 50 FEET:
THENCE, PARALLEL WITH THE WESTERLY LINE OF
SAID PARCELS A Ai~D B, SOUTH 0 11' 30" EAST
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102.23 FEET TO THE SOUTHERLY LINE OF SAID
PARCEL A; THENCE, ALONG SAID SOUT~tERLY LINE,
NORTH 89' 31' 00" WEST 25.00 FEET; THENCE
NORTH 0' 11' 30" WEST 63.89 FEET; THENCE
SOUTH 89' 41' 20" WEST 25.00 FEET TO THE
WESTERLY LINE OF SAID PARCEL A; THENCE, ALONE
SAID WESTERLY LINE NORTH 0' 11' 30" WEST 38
FET TO THE POINT OF BEGINNING.
PARCEL 5:
AN EXCLUSIVE EASEMENT FOR AUTO PARKING, AND
THE VEHICULAR AND PEDESTRIAN USES INCIDENTAL
THERETO, ON, OVER AND ACROSS THAT PORTION OF
PARCEL A AS SHOWN ON A MAP FILED IN BOOK 42,
PAGE 29 OF PARCEL MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID
PARCEL A; THENCE, ALONG THE EASTERLY LINE OF
SAID PARCEL A, NORTH 0' 11' 11" WEST 37.50
FEET; THENCE NORTH 89'31' 00" WEST 46.00
FEET; THENCE SOUTH 0' 11' 11" EAST 37.50 FEET
TO THE SOUTHERLY LINE OF SAID PARCEL A;
THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89'
31' 0" EAST 46.00 FEET TO THE POINT OF
BEGINNING.
320 BEACH BOULEVARD
PARCEL A, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP FILED IN BOOK 42, PAGE 29 OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY
2951-29~1 LINCOLN AVENUE
LOTS 2 TO 17 INCLUSIVE OF THACT NO. 11830, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 540, PAGES 14, 15, 16 AND 17 OF
MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY.
- 8 -
BRACAMONTE PROPERTY
THE LAND REFERRED TO IN THIS POLICY IS
SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF ORANGE, CITY OF ANAHEIM, AND IS DESCRIBED
AS FOLLOWS:
PARCEL 1: THE EAST 165 FEET OF THE WEST 495
FEET OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION
12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE
RANCHO LOS COYOTES, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
SAID EAST HALF OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SAID SECTION 12
BEING DESCRIBED AS COMMENCING AT A POINT IN
THE SOUTH LINE OF SAID SECTION, NORTH 89' 41'
EAST 662.75 FEET FROM THE SOUTHWEST CORNER
THEREOF; THENCE NORTH 0' 13' WEST 1328.09
FEET TO A POINT, THENCE NORTH 89' 41' 10"
EAST 663.44 FEET TO A POINT; THENCE, SOUTH 0'
14' 45" EAST 1328.00 FEET TO A POINT; THENCE
SOUTH 89' 41' WEST 662.75 FEET TO THE PLACE
OF BEGINNING.
THAT PORTION OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 12, TOWNSHIP 4 SOUTH, RANGEll WEST,
IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS
MAPS, RECORDS OF OR3kNGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF THE SOUTHLINE OF SAID
SECTION, NORTH 89' 41' EAST 662.75 FEET FROM
THE SOUTHWEST CORNER THEREOF; THENCE NORTH 0'
13' EAST 1328.09 FEET TO A POINT; THENCE
NORTH 89' 41' 10" EAST 663.44 FEET TO A
POINT; THENCE SOUTH 0' 14' 45" EAST 1328.05
FEET TO A POINT; THENCE SOUTH 89° 41' WEST
662.75 FEET TO THE PLACE OF BEGINNING.
EXCEPT THE WEST 495.00 FEET THEREOF.
- 9
ALSO EXCEPTING THEREFROM THE NORTH 50 FEET OF
THE SOUTH 155 FEET OF THE EAST 29 FEET.
ALSO EXCEPTING THEREFROM THE SOUTH 40 FEET.
PAi~CEL 3:
THE NORTH 726.00 FEET OF THAT PORTION OF THE
EAST }{ALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION12, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK
51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
COMMENCING AT A POINT IN THE SOUTH LINE OF
SAID SECTION, NORTH 89' 41' EAST 652.75 FEET
FROM THE SOUTHWEST CORNER THEREOF; THENCE
NORTH 0'13' WEST 1328.09 FEET TO A POINT;
THENCE NORTH 89' 41' 10" EAST 663.44 FEET TO
A POINT; THENCE SOUTH 0' 14' 45" EAST 1328.05
FEET TO A POINT, THENCE SOUTH 89' 41' WEST
662.75 FEET TO THE PLACE OF BEGINNING.
EXCEPTING THEREFROM THE WEST 495 FEET.
PARCEL AN UNDIVIDED ~ INTEREST IN THE NORTH
50 FEET OF THE SOUTH 155 FEET OF THE EAST 28
FEET OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE
SECTION 12, TOWNSHIP 4 SOUTH, RAi~GE 11 WEST,
IN THE R3LNCHO LOS COYOTES, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, TOGETHER WITH A LIKE INTEREST IN
THE WATER WELLS, PUMPING PLANT AND EQUIPMENT
SITUATED THEREON.
ALSO EXCEPTING ALL SUBSURFACE WATER RIGHTS,
AS DEDICATED TO THE CITY OF HUNTINGTON BEACH
ON THE MAP OF SAID TR3%CT; 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
- 10 -
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. PC-2002-138 granting
Conditional Use Permit No. 2002-04603; 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, 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
- 11 -
Municipal Code are present and that said waiver(s) should be
granted, for the following reasons:
1. That the variance, under the conditions imposed, if any,
will not cause fewer off-street parking spaces to be provided for
such use than the number of such spaces necessary to accommodate
all vehicles attributable to such use under the normal and
reasonably foreseeable conditions of operation of such use; and
2. That the variance, under the conditions imposed, if any,
will not increase the demand and competition for parking spaces
upon the public streets in the immediate vicinity of the proposed
use; and
3. That the variance, under the conditions imposed, if any,
will not increase the demand and competition for parking spaces
upon adjacent private property in the immediate vicinity of the
proposed use (which property is not expressly provided as parking
for such use under an agreement in compliance with Section
18.06.010.020 of the Anaheim Municipal Code); and
4. That the variance, under the conditions imposed, if any,
will not increase traffic congestion within the off-street parking
areas or lots provided for such use; and
5. That the variance, under the conditions imposed, if any,
will not impede vehicular ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of the
proposed use.
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. 2002-04~0~ be, and the game i~ hereby,
granted permitting a commercial retail center of regional
significance, including a home improvement store with an outdoor
garden center, other retail shops, two drive-through fast food
restaurants, three full-service restaurants with sales of alcoholic
beverages for on-premises consumption, an amusement device arcade,
a multi-tenant food court with outdoor seating and beer and wine
sales for on-premises consumption, a self storage facility
utilizing storage containers, and an outdoor storage area for
recreational vehicles and boats on the hereinabove described real
property with a waiver of the following provisions of the Anaheim
Municipal Code:
- 12 -
(a) SECTION NOS. 18.06.050.022, -
18.06.050.0225, 18.06.050.0231,
18.06.050.0233, 18.06.050.0251,
18.06.050.028 AND 18.44.066.050
(b) SECTION NOS. 18.04.060.050 -
AND 18.44.100
Minimum number of parking
spaces.
(1,607 required; 1,446 proposed)
Maximum fence height.
(~ feet high permitted; 1__0 feet high
proposed)
subject to the following conditions:
1. That this development is limited to a maximum of twenty-two (22)
tenant spaces.
2. That this approval is granted subject to the approval of General
Plan Amendment No. 2002-00405 and finalization of Reclassification
No. 2002-00081, now pending.
3. That a landscape earthen berm and or a row of hedges shall be
incorporated into the entire length of the setback adjacent to Beach
Boulevard with the exception of ingress/egress areas. Further,
dense landscaping shall be provided adjacent to Beach Boulevard to
adequately screen the drive-through lanes, and where possible,
existing mature landscaping should be preserved. Said information
shall be specifically shown on plans submitted for building permits.
4. That all roof-mounted equipment shall be screened from view of
the public rights-of-way and surrounding properties in compliance
with Section 18.44.030.120 of the Anaheim Municipal Code. Said
information shall be specifically shown on plans submitted for
building permits.
5. That no required parking area shall be fenced or otherwise
enclosed for outdoor storage uses.
6. That if public telephone service is installed, the telephones
shall only be installed within the retail buildings.
7. That the property shall be permanently maintained in an orderly
fashion by providing regular landscape maintenance, removal of trash
or debris, and removal of graffiti within twenty-four (24) hours
from time of occurrence.
8. That no exterior vending machines shall be permitted within the
view of the public rights-of-way.
9. That a fully dimensioned detailed site plan shall be submitted
to the Zoning Division for Planning Commission review and approval
as a "Reports and Recommendations" item.
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10. That final landscape plans (with materials, sizes and
locations of plant materials) shall be submitted to the Zoning
Division for Planning Commission review and approval as a "Reports
and Recommendations" item.
11. That a comprehensive signage program shall be submitted to
the Zoning Division for Planning Commission review and approval as a
"Reports and Recommendations'' item.
12. That a final fencing plan shall be submitted to the Zoning
Division for Planning Commission review and approval as a "Reports
and Recommendations" item.
13. That building elevation plans including information on colors
and materials, shall be submitted to the Zoning Division for
Planning Commission review and approval as a "Reports and
Recommendations" item.
14. That accent paving plans shall be submitted to the Zoning
Division for Planning Commission review and approval as a "Reports
and Recommendations" item.
15. That decorative lighting plans shall be submitted to the
Zoning Division for Planning Commission review and approval as a
"Reports and Recommendations" item.
16. That final roof and ground-mounted equipment location and
treatment plans shall be submitted to the Zoning Division for
Planning Commission review and approval as a "Reports and
Recommendations" item.
17. That final truck well treatment plans shall be submitted to
the Zoning Division for Planning Commission review and approval as a
"Reports and Recommendations" item.
18. That as required by the Urban Forestry Division of the
Community Services Department, street trees shall be installed, by
the property owner, within the public rights-of-way adjacent to
Beach Boulevard and Lincoln Avenue. The size and number of trees
shall be provided to the satisfaction of the Urban Forestry Division
of the Community Services Department. Said information shall be
shown on plans submitted for building permits.
19. That since this project has landscaping area exceeding 2,500
square feet, a separate irrigation meter shall be installed and
comply with city Ordinance No. 5349 and Chapter 10.19 of Anaheim
Municipal Code. Said information shall be shown on plans submitted
for building permits.
20. That the landscape planters shall be permanently maintained
with live and healthy plant materials.
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21. That the locations for future above-ground utility devices
including, but not limited to, electrical transformers, water
backflow devices, gas, communications and cable devices, etc., shall
be shown on plans submitted for building permits. Plans shall also
identify the specific screening treatments of each device (i.e.
landscape screening, color of walls, materials, identifiers, access
points, etc.) and shall be subject to the review and approval of the
appropriate City departments.
22. 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.
23. That an on-site trash truck turn-around area shall be
provided per Engineering Standard Detail No. 610 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.
24. That all driveways shall be constructed with ten (10) foot
radius curb returns as required by the City Engineer in conformance
with Engineering Standard No. 137. Said information shall be
specifically shown on plans submitted for building permits.
25. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval in conformance
with the Engineering Standard No. 137 pertaining to sight distance
visibility for the sign or wall/fence locations.
26. That compact parking spaces shall not be permitted.
27. That all drive-through lanes shall be reviewed and approved
by the City Traffic and Transportation Manager.
28. That a plan shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing the
loading space for trucks in conformance with Code Section 18.06.060.
29. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the current version of Engineering Standard Plan
Nos. 436, 601 and 602 pertaining to parking standards and driveway
locations. Subject property shall thereupon be developed and
maintained in conformance with said plans.
30. That gates shall not be installed across any driveway 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. 609 and shall be subject to the review
and approval of the City Traffic and Transportation Manager.
31. That any required relocation of City electrical facilities
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shall be at the developer's expense.
32. That three (3) foot high address numbers shall be displayed
on the flat area of the roofs in a contrasting color to the roof
material, provided the numbers shall not be visible from the view of
the street or adjacent properties. Said information shall be
specifically shown on plans submitted for building permits.
33. That prior to the operation of these businesses, valid
business licenses shall be obtained from the City of Anaheim,
Business License Division of the Finance Department.
34. 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. Said storage areas shall be designed, located
and screened so as not to be readily identifiable from adjacent
streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant materials
such as minimum 1-gallon size clinging vines, planted on maximum
3-foot centers, or tall shrubbery. Said information shall be
specifically shown on the plans submitted for building permits.
35. That 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,
maintenance, land usage and architectural control, and that the
covenant shall be referenced in all deeds transferring all or any
part of the interest in the property.
36. That the parking lot serving the premises shall be equipped
with decorative lighting of sufficient power (recommended minimum of
two foot-candles) to illuminate and make easily discernible the
appearance and conduct of all persons on or about the parking lot.
Said lighting shall be directed, positioned and shielded in such a
manner so as not to unreasonably illuminate adjacent properties, and
that said lighting information shall be specified on plans submitted
for building permits.
37. That the developer shall pay the sewer deficiency fee for the
Combined West Anaheim Area Zone A.
38. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from view. Such
information shall be specifically shown on the plans submitted for
building permits.
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39. That all plumbing or other similar pipes and fixtures located
on the exterior of the building 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.
40. That window signage shall not be permitted.
41. That roof-mounted balloons or other inflated devices shall
not be permitted.
42. That the owner/developer of the property shall negotiate and
execute a Disposition and Development Agreement ("DDA") with the
City of Anaheim Redevelopment Agency. Said agreement shall be
recorded in the Office of the Orange County Recorder.
43. That the granting of the parking waiver is contingent upon
operation of the use in conformance with the assumptions and/or
conclusions 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 and/or conclusions,
as contained in the parking demand study, shall be deemed a
violation of the expressed conditions imposed upon said waiver which
shall subject this permit to termination or modification pursuant to
the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim
Municipal Code.
44. That a lot line adjustment plat shall be submitted to the
Subdivision Section (Development Services Division) of the Public
Works Department and approved by the City Engineer and then recorded
in the Office of the Orange County Recorder to combine the existing
lots such that any new building lies completely within one (1)
parcel.
45. That the legal property owner shall irrevocably offer to
dedicate to the City of Anaheim an easement twenty (20) feet in
width from the center line of the water service mains for operation
and maintenance purposes and/or an easement for large meters or fire
lines installation.
46. That the legal owner of subject property shall provide the
City of Anaheim with a public utilities easement as determined to be
necessary when the electrical design is completed.
47. That a private water system with separate water service for
fire protection and domestic water shall be provided. Said
information shall be shown on plans submitted for building permits.
48. That the developer/owner shall provide a detailed water usage
analysis and building plans for Public Utilities Water Engineering
review and approval in determining the adequacy of the existing
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water system to meet the project's water requirements. Any system
improvements shall be done in accordance with Rule No. 15A.6 of the
water utility's Rates, Rules and Regulations.
49. That the developer/owner shall submit a set of improvement
plans for Public Utilities Water Engineering review and approval in
determining the conditions necessary for providing water service to
the project including the provision for two sources of water supply
for Fire protection.
50. That all requests for new water services or fire lines, as
well as any modifications, relocation, or abandonments of existing
water services and fire lines shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
51. That all existing water services and fire lines shall conform
to current Water Services Standards Specifications. Any water
service and/or fire line that does not meet current standards shall
be upgraded if continued use is necessary or abandoned if the
existing service is not longer needed. The owner/developer shall be
responsible for the costs to upgrade or to abandon any water service
or fire line.
52. That the developer shall submit a water quality management
plan (WQMP) specifically identifying best management practices that
will be used on-site to control predictable pollutants from storm
water runoff. The WQMP shall be submitted to the Public Works
Department, Development Services Division for review and approval.
53. That all backflow equipment shall be above ground, outside of
the street setback area in a manner fully screened from all public
streets and alleys. Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division in
either underground vaults or outside of the street setback area in a
manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by
Water Engineering and Cross Connection Inspector before submittal
for building permits.
54. That any required relocation of City electrical facilities
shall be at the developer's expense.
55. That no outdoor speakers shall be permitted anywhere on this
property.
56. That the property owner/developer shall be held responsible
for compliance with the mitigation measures identified in Mitigation
Monitoring Plan No. 119 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 property
owner/developer shall be responsible for any direct costs associated
with the monitoring and reporting required to ensure implementation
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of said mitigation measures. Mitigation Monitoring Plan No. 119 is
attached and made a part of these conditions of approval.
57. That the property owner shall submit a letter requesting
termination of Conditional Use Permit No. 464 (to construct a
directional sign facing Beach Boulevard), Variance No. 1956 (to
permit a warehouse in conjunction with an existing furniture store
with waivers of minimum required side yard setback and required
masonry wall at 220 North Beach Boulevard), Conditional Use Permit
No. 1307 (to permit on-sale liquor in conjunction with a proposed
restaurant at 310 North Beach Boulevard with waiver of height of
masonry wall abutting a residential zone), Conditional Use Permit
No. 1338 (to permit the sale of beer and wine in an existing
restaurant at 300 North Beach Boulevard), Variance No. 2650 (waiver
of permitted sign location to reconstruct an existing freestanding
sign at 220 North Beach Boulevard), Conditional Use Permit No. 1651
(to permit a 41-unit motel at 320 North Beach Boulevard),
Conditional Use Permit No. 3559 (to permit an auto service and tire
installation facility at 222 North Beach Boulevard), Conditional Use
Permit No. 3593 (to permit the on-premise sale and consumption of
alcoholic beverages in conjunction with a restaurant and billiard
center at 314 North Beach Boulevard), Conditional Use Permit No.
3670 (to permit the on-premise sale and consumption of alcoholic
beverages within an existing restaurant and billiard center with
live music and entertainment at 314 North Beach Boulevard) to the
Zoning Division.
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 th~5th day of November, 2002.
MAYOR OF THE ~Y OF AN~EIM
ATTEST:
47289.1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-233 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 5th day of November, 2002, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, M¢Cracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait
ABSENT: MAYOR/COUNCIL MEMBERS: None
~'C~OF'~HEIM
(SEAL)