Resolution-PC 2000-75~ .
RESOLUTION NO. PC2000-75
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIOMAL USE PERMIT NO. 4171 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL A:
THAT PORTION OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN
THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT A SPIKE ON THE CENTERLINE OF LEMON STREET, MORTH
0° 23' 00" WEST 509.55 FEET FROM THE SOUTHWESTERLY CORNER OF
THE LAND DESCRIBED IN THE DEED TO HENRY G. MEISER, RECORDED
APRIL 13, 1926 IN BOOK 636, PAGE 354 OF DEEDS, SAID SPIKE BEING THE
NORTHWESTERLY CORNER OF PARCEL 2, AS SHOWN ON A MAP FILED
IN BOOK 14, PAGE 1 OF RECORD OF SURVEYS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 89° 37' 00" EAST
42.90 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL 2; THE~'CE
SOUTH 2° 55' 41" EAST 114.96 FEET TO A POINT EASTERLY 48.00 FEET,
MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE SOUTH
4° 57' 26" EAST 125.40 FEET TO A POINT EASTERLY 58.00 FEET,
MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE SOUTH
35° 55" 16" EAST 43.01 FEET'TO A POINT EASTERLY 83.00 FEET,
MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE NORTH
89° 37' 00" EAST 462.00 FEET, AT RIGHT ANGLES FROM SAID
CENTERLINE; THENCE SOUTH 0° 23' 00" EAST 136.00 FEET PARALLEL
WITH SAID CENTERLINE; THIENCE SOUTH 28° 18' 48" EAST 111.85 FEET
TO THE SOUTHERLY LINE OF SAID LAND OF MEISER; THENCE ALONG
THE SOUTHERLY AND EASTIERLY LINE OF THE LAND DESCRIBED IN THE
DEED TO BETDINE PROPERl"IES INCORPORATED, RECORDED AUGUST 2,
1963 IN BOOK 6659, PAGE 838 OF OFFICIAL RECORDS, SOUTH 80° 13' 59"
EAST 381.56 FEET, SOUTH 8'3° 20' 03" EAST 263.53 FEET; SOUTH 84° 35'
12" EAST 96.26 FEET AND NORTH 0° 24' 56" EAST 109.42 FEET TO THE
CENTER OF SAID SECTION; THENCE NORTH 0° 25' 30" WEST 922.94 FEET
ALONG THE EASTERLY LINE OF SAID LAND OF MEISER TO THE
NORTHEAST CORNER OF SAID LAND, SAID NORTHEAST CORNER BEING
SOUTH 0° 25' 30" EAST, 905.00 FEET FROM A LEAD AND TACK IN THE
PAVEMENT ON THE CENTERLINE OF ORANGETHORPE AVENUE, AND ON
A STRAIGHT LINE BETWEEN SAID LEAD AND TACK AND A 3-INCH IRON
PIPE WHICH MARKS THE SOUTHEASTERLY CORNER OF SAID LAND OF
MEISER; THENCE ALONG TbE NORTHERLY LINE OF SAID LAND OF
MEISER SOUTH 89° 42' 40" WEST 962.66 FEET, SOUTH 0' 25' 30" EAST 8.00
FEET AND SOUTH 89° 42' 40~ WEST 366.90 FEET TO THE
NORTHWESTERLY CORNER OF SAID LAND OF MEISER, SAID
NORTHWESTERLY CORNER BEING SOUTH 0° 23' 00" EAST 913.00 FEET
FROM A BOLT ON SAID CENTERLINE OF ORANGETHORPE AVENUE,
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WHICH MARKS THE NORTHWEST CORNER OF THE EAST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 0° 23' 00"
EAST 407.58 FEET TO THE P'OINT OF BEGINNING.
EXCEPT THAT PORTION TH~REOF LYING SOUTHERLY AND WESTERLY
OF THE FOLLOWING DESCR.IBED LINE:
BEGINNING AT SAID POINT NORTH 0° 23' 00" WEST 509.55 FEET FROM
SAID SOUTHWESTERLY COF2NER; THENCE NORTH 0° 24' 00" EAST 65.16
FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE
NORTHERLY AND EASTERLY LINES OF THE LAND DESCRIBED IN THE
DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 22, 1957 IN BOOK
3980, PAGE 191 OF OFFICIAL RECORDS; SOUTH 89° 36' 00" EAST 50.00
FEET; THENCE SOUTH 2° 08' 42" EAST 180.18 FEET AND SOUTH 8° 28' 50"
EAST 161.94 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND OF
THE STATE.
ALSO EXCEPT A WATER WELL AND APPURTENANCES LOCATED ON SAID
LAND, SAID WELL BEING WEST 474.80 FEET AND NORTH 34.00 FEET
FROM THE CENTER OF SAID SECTION.
PARCEL B:
THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF
FRACTIONAL SECTION 3, THOWNSHIP 4 SOUTH, RANGE 10 WEST, WITHIN
THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, CONVEYED TO HENRY G.
MEISER BY DEED RECORDED IN BOOK 636, PAGE 354, OF DEEDS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 4 OF THE
HIGHWAY RIGHT OF WAY R~LINQUISHED (REL-254) TO THE CITY OF
ANAHEIM BY RESOLUTION OF THE CALIFORNIA HIGHWAY COMMISSION,
A CERTIFIED COPY OF WHICH RESOLUTION IS RECORDED NOVEMBER
30, 1965 IN BOOK 7756, PAGE 472 OF OFFICIAL RECORDS, IN SAID
OFFICE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID
PARCEL 4 DESCRIBED THEREIN AS NORTH 1° 36' 48" EAST, 141.69 FEET
TO THE NORTHERLY TERMINUS OF SAID COURSE SO DESCRIBED;
THENCE SOUTH 89° 36' 00" EAST, 322.00 FEET; THENCE SOUTH 40° 56' 24"
EAST, 33.03 FEET; THENCE SOUTH 7° 43' 07" WEST, 90.40 FEET; THENCE
SOUTH 58° 28' 27" WEST, 75.96 FEET TO THE SOUTHERLY LINE OF SAID
LAND OF MEISER; THENCE NORTH 86° 51' 29" WEST, 271.14 FEET TO THE
POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 5, 2000 at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditional use permit and to investigate
and make ~ndings and recommendations in connection therewith; and that the hearing was continued
from the meetings of December 20, 1999, January 19, January 31, February 14, April 10, and May 8,
2000; and
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WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section Nos. 18.05.095, 18.05.046.030, 18.44.050.135, 18.44.050.155, and
18.44.050.300 to construct a 281,13 (advertised as 294,632 sq.ft.) square foot commercial retail center of
regional significance, including a home improvement store, health club, three drive-through fast food
restaurants, two full-senrice restaurants, a multi-tenant pad building (said building was deleted from the
project subsequent to advertising), and a freeway-oriented freestanding sign with waiver of the following:
(a) SECTION NOS. 18.06.050.022 -
18.06.050.0231,
18.06.050.0233 AND 18.44.066.050
(b) SECTION NOS. 18.04.060.050
AND 18.44.066.030
(c) SECTION NOS. 18.04.080.010,
18.04.080.020 AND 18.44.100
Minimum number of parking spaces.
(1.567 required; 1,506 proposed)
Minimum parkin4 lot landscapinq.
waiver deleted following advertising
Required dedication and improvement of
public right-of-waLr. waiver deleted following advertising
2. That the requested waiver ~a), pertaining to the minimum number of parking spaces, is
hereby approved on the basis that Code requires 1.567 spaces and 1,506 spaces are proposed (96% of
Code requirement). The petitioner has submitted a parking letter to justify this waiver. The letter
indicates that a parking conflict is not expected to occur at any time of the day due to the tenant mix
within the center, the varying peak hours for each business, and the separation of restaurant and retail
uses with parking spaces dispersed in betw~een. The City Traffic and Transportation Manager reviewed
this letter and recommended approval.
3. That the requested waiver ~b) pertaining to minimum parking lot landscaping is hereby
denied on the basis that said waiver was deleted following submittal of revised plans.
4. That the requested waiver ~c ) pertaining to required dedication and improvement of
public right-of-way is hereby denied on the basis that said waiver was deleted following submittal of
revised plans.
5. That finro (2) people indicated their presence at said public hearing with concerns; and
that correspondence was received with cor~cerns to subject petition.
CALIFORNIA ENVIRONM~NTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the request to construct a 281,133 sq.ft. commercial retail center of regional
significance including a home improvemenQ store, health club, three drive-through fast food restaurants, two
full-service waivers of restaurants, a multi-tenant pad building, and a freeway-oriented freestanding sign with
waiver of the minimum number of parking spaces on a irregularly-shaped 26.34-acre property located at the
southeast corner of Lemon Street and Durst Street with frontages of 850 feet on the east side of Lemon
Street and 1,280 feet on the south side of Durst Street (1500 North Lemon Street); and does hereby
determine that EIR No. 323 has been presented to the Planning Commission and the Commission has
reviewed and considered the information contained in the EIR; and reviewing the evidence presented, both
written and oral, the Planning Commission :does hereby recommend that City Council certify EIR No. 323
based on the following findings:
(a) That the EIR reflects the independent judgement and analysis of the lead agency;
(b) That EIR No. 323 was prepared in compliance with the State of California
Environmental Quality Act and State and City CEQA Guidelines;
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(c) That with approval of the projecYs General Plan Amendment, the project is consistent with
the intent of the Anaheim General Plan and will be compatible with surrounding land uses;
(d) That section 15091 of the State CEQA Guidelines requires that one or more findings be
made for each significant environmental effect identified. The Planning Commission
adopted the Statement ofi Findings and Facts set forth in Attachment A of the staff
report to the Planning Commission dated June 5, 2000.
(e) The Planning Commission further determines that the benefits of the project oufinreigh
the unavoidable adverse environmental impacts and, therefore, in accordance with the
provisions of Section 15093 of the State CEQA Guidelines, adopts a Statement of
Overriding Considerations which is set forth in Attachment A of the Staff Report to the
Planning Commission dated June 5, 2000.
(fl That section 21081.6 of the Public Resources Code requires that when a public agency
is making findings required by Section 21081(a) of said Code, the agency shall adopt a
reporting and monitoring program for the changes made in order to mitigate or avoid
significant effects on the environment. The Planning Commission finds that the
mitigation measures identified in DEIR No. 323 have been incorporated into Mitigation
Monitoring Plan No. 113 ,provided as Attachment "B" of the staff repart to the Planning
Commission dated June 5, 2000 in compliance with the requirements of Section
21081.6 of the Public Resources Code.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, with waiver of the minimum number
of parking spaces (1567 required; 1506 proposed), upon the following conditions which are hereby found
to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
1. That the developer shall be responsible for compliance with all mitigation measures within
assigned time frames and any direct costs associated with the attached Mitigation Monitoring Plan
No. 113 as adopted by the City of Anaheim and as required by Section 21081.6 of the Public
Resources Code.
2. That a conditional use permit shall be obtained for any outdoor seating or alcohol sales in
conjunction with the restaurant uses.
3. That irrigated landscaping coverage, including turf, hydroseeding, or groundcover, shall be
provided on the undeveloped portion of this property at the southeast corner of Durst Street and
Lemon Street, until such a time as that undeveloped portion commences development. Said
landscaping shall be shown on plans submitted for building permits.
4. That this development is limited to a maximum of nine (9) tenant spaces. The subdivision of any
retail space and/or the development of the vacant parcel at the southeast corner of Lemon Street
and Durst Street shall only be permitted by the application for, and approval of, a conditional use
permit by the Planning Commission:
5. That this approval is granted subject to the approval of General Plan Amendment No. 370 and
finalization of Reclassi~cation No. 99-00-10, now pending.
6. That a landscape earthen berm andlor a solid rgw gf hedges shall be incorporated ~nto the entir~
length of the setback adjacent to Lemon Street with the exception of ingress/egress areas.
Further, dense landscaping shall be provided adjacent to Lemon Street to adequately screen the
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drive-through lanes. Where possible, existing mature landscaping should be preserved. Said
information shall be speciflcally shown on plans submitted for building permits.
7. That final site, floor, and elevation plans for the three (3) drive-through fast food restaurants and
the two (2) freestanding restaurants shall be submitted to the Zoning Division for Planning
Commission review and approval as a"Reports and Recommendations" item.
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.
9. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
10. That if public telephone service is installed, the telephones shall only be installed within the
buildings.
11. 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.
12. That the existing mature trees in the planter along Lemon Street frontage shall be retained where
possible. Said information shall be specifically shown on plans submitted for b~ilding permits.
13. That no exterior vending machines shall be permitted within the view of the public rights-of-way.
14. That a comprehensive sign program for all signage shall be submitted to the Zoning Division for
Planning Commission review and approval as a"Reports and Recommendatior~s" item.
15. That final landscape plans (indicating 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.
16. 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 Lemon
Street and Durst Street. The size and number of trees shall be provided to the satisfaction of the
Urban Forestry Division of the Comrnuniry Services Department.
17. 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.
18. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation
meter shall be installed and said landscaping shall 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.
19. That the landscape planters shall be permanently maintained with live and healthy plant materials.
20. 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.
21. 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.
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22. 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 sha'll be specifically shown on plans submitted for building
permits.
23. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the
City Engineer in conformance with ~ngineering Standard No. 137. Said information shall be
specifically shown on plans submitted for building permits.
24. That plans shall be submitted to the City Tra~c and Transportation Manager for his review and
approval in conformance with the Engineering Standard No. 137 pertaining to sight distance
visibility for all sign or wall/fence locations.
25. That all drive-through lanes shall be reviewed and approved by the City Traffic and Transportation
Manager.
26. That the developer shall comply with Ordinance No. 5209 and Resolution No. 91 R-89 relating to
the Transportation Demand Management (TDM) by providing on-site taxi and shuttle bus loading
zones, and by joining and financially participating in the ATN and Clean Fuel Shuttle Program and
by installing bicycle racks.
27. 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.
28. That water looping from the existing 12-inch main line on Lemon Street to the existing 16-inch
main line on the east side of the property shall be provided to the satisfaction of the Water
Engineering Division of the Public Utilities Department. Said information shall be shown on plans
submitted for building permits.
29. That street lights along Durst Street;shall be installed to the satisfaction of the Public Works and
Public Utilities Departments.
30. That the developer/owner shall submit a water system master plan, including a hydraulic
distribution nefinrork analysis, for Pu~lic Utilities Water Engineering review and approval. The
master plan shall demonstrate the adequacy of the proposed on-site water system to meet the
projecYs water demands and fire protection requirements.
31. 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.
32. 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.
33. That any required relocation of City electrical facilities shall be at the developer's expense.
34. That three (3) foot high address numbers shall be displayed on the flat area of the roof 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.
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35. 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.
36. 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.
37. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to ~the Public Works Department, Development Services Division. A Certificate of
Compliance or Conditional Certificate of Compliance shall be reviewed and approved by the City
Engineer and recorded in the office of the Orange County Recorder prior to issuance of a building
permit.
38. That the parking lot serving the premises shall be equipped with decorative lighting of sufficient
power (recommended minimum of tv~vo 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.
39. That the developer shall pay the sewer deficiency fee for the North Central Area.
40. That the 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 15, and as conditioned herein.
41. That all air conditioning facilities and other roof and ground mounted equipment shall be properly
shielded frorn view. Such information shall be specifically shown on the plans submitted for
building permits.
42. 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.
43. That window signage shall not be permitted.
44. That prior to the issuance of a building permit, or within a period of one (1) year from the date of
this resolution, whichever occurs first, Condition Nos. 3,5, 6, 7, 8, 12, 14, 15, 17, 18, 20, 21, 22,
23, 24, 25, 27, 28, 30, 31, 32, 34, 36, 37, 38, 39, 41, 42, 43 and 44, herein mentioned, shall be
complied with.
45. That prior to final building and zoning inspections, Condition Nos. 16, 26, 29, and 40, herein
mentioned, shall be complied with.
46. 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.
47. That the freeway sign shall not exceed forty (40) feet in height and the sign area shall be limited to
two hundred fifty (250) square feet per face in conformance with the definitions of Code for sign
area and as interpreted by City staff.
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48. That pedestrian access shall be provided along the drive aisle on the north side of Pad E
connecting from the sidewalk on Lemon Street. Said access shall be shown on plans and
submitted for building permits.
49. That a plan showing noise buffering of the plaza area through the use of a"green wall" and/or
other suitable materials shall be submitted to the Zoning Division of the Planning Department for
review and approval by the Planning Commission as a Reports and Recommendations item.
50. That the applicant shall cooperate with Bryan Industrial Properties, Inc. (Bryan) and the City of
Anaheim with respect to Bryan's application to the City for approval to construct security gates for
the private streets on Bryan's property to the north of subject property.
BE IT FURTHER RESOLV~D that the Anaheim City Planning Commission 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 condition, 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 was adopted at the Planning Commission meeting of
June 5, 2000.
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C AIRP RSON, ANAH IM CITY PLANNING COMMISSION
ATTES .
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SE ETAR , ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on June 5, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, NAPOLES
NOES: COMMISSIONERS: KOOS, VANDERBILT
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I h~ave hereunto set my hand this ~~ day of
, 2000.
`~~
S RETA , ANAHEIM CITY PLANNING COMMISSION
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MITIGATION MO1vITORING PLAN NO. 113
FOR
ANAHEIM GATEWAY
CEQA Action: Environmental Impact Report No. 323
Proiect Descriation: The project would provide a commercial center including retail, restaurant and~ service station uses. A total of approximately 324,200 square feet
of new development would be constructed within the proposed project site. The retail component of the proposed project would include a home
improvement and garden center containing approximately 159,000 square feet, and up to approximately 137,000 square feet of additional reta~
uses comprised of one or more major retail tenants, connected to the home improvement center in a retail center configuration oriented to face th
Lemon Street entrance to the proposed project site. A total of five restaurant pads would be included, which would accommodate up to
approximately 24,500 square feet of restaurant uses, including a fast food restaurant with drive-through. A gas station with a mini-mart and car
wash would be located at the northwest corner of the proposed project site, on the southeast corner of the intersection of Lemon Street and Durst
Street. The project applicant has also identified an alternate development plan for this comer of the proposed project site in the evenf fhat
development of the proposed gas station is infeasible for technical or economic reasons. Under this alternate plan, the northwest corner of the
proposed project site would be developed with retail shops totaling 14,625 square feet.
Proiect Location: The proposed project site is 27 acres in area and is located north of the Riverside Freeway, south of Durst Street, east of Lemon Street, and west of
a large warehouse/distribution facility, Anaheim, California.
Terms and Definitions:
1. Property Owner/Developer - Any owner or developer of real property within the Anaheim Gateway Project.
2. Environmental Equivalent/Timing - Any Mitigation Measure and timing thereof, subject to the approval of the City of Anaheim, which will have the sarr~
or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or
City departments, shall determine the adequacy of any proposed "environmental equivalent/timing" and, if determined necessary, may refer said determination
to the Planning Commission. Any cost associated with the information required in order to make a determination of environmental equivalency/timing shall be
borne by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City of Anaheim's adopted fee
schedule.
3. Timing - This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first
point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additionai
monitoring pursuant to the Mitigation Monitoring Program will occur, as routine City practices and procedures will ensure that the intent of the measure has
been complied with. For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with the
approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance.
Anaheim Gateway Mitigation Monitoring Program
Page 1
4. Responsibility of Monitoring - Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all
departments listed for each mitigation measure.
5. Ongoing Mitigation Measures - The mitigation measures that are designated to occur on an ongoing basis as part of this mitigation monitoring program will
be monitored in the form of an annual letter from the property owner/developer in January of each year stating how compliance with the subject measures(s)
has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied
and no further monitoring will occur. For measures that are to be monitored "Ongoing During Construction", the annual letter will review those measures
only while construction is occurring; monitoring will be discontinued after construction is completed.
u
Prior To Issuance Of
First Building Permit
Anaheim Gateway
Transportation/Ci rculation
. The applicant shall contribute to the cost of implementation of a traffic signal enhancement
program encompassing the segments of Harbor Boulevard and Lein6n Street between the 91
Freeway and Orangethorpe Avenue and the segment of Orangethorpe Avenue between Harbor
Boulevard and Lemon Street. The traffic signal enhancement program shall include three
intersections on Harbor Boulevard and three intersections on Lemon Street and the applicant's fair
share contribution shall be limited to a 20% share of the cost of this program at the Ixmon Street
intersections and 10% share of the cost of this program at the Harbor Boulevard intersections.
. Raymond/Orangethorpe: Restripe the westbound approach to provide a third westbound
combination through/right turn lane.
• Lemon StreedS.R. 91 Eastbound Ramps: Provide fair share contribution for implementation of a
nonhbound right turn lane (payment by the applicant in accordance with the provisions of the
existing City of Anaheim traffic mitigation fee program would provide sufficient contribution to be
considered fair share with regard to this improvement).
Public Works
Department-Tra€fte
Engineering Division
~
Mitigation Monitoring Program
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Air uali
Ongoing During Grading Construction Planning Department-
And Construction Building Division;
• The construction area and viciniry (500-foot radius) shall be swept and watered at least twice daily, Public Works
or more as needed. Department- Field
. Site access points shall be swept or washed within thirty minutes of visible dirt deposition on any Engineering
public roadway.
• On-site stockpiles of debris, dirt, or rusty material shall be covered or watered twice daily.
. Operations on any unpaved surfaces shall be suspended when winds exceed twenty-five miles per
hour.
• Idling of trucks shall not exceed ten minutes, to the maximum extent feasible consistent with
construction activity.
Air Qualiri
Operations
Planning Department
Ongoing During Project • Any project tenant who employs 250 or more persons on a full- or part-time basis shall retain, as and South Coast Air
Operation required by SCAQMD Rule 2202, a full-time, on-site ridesharing coordinator to implement a Quality Management
comprehensive ridesharing incentive package which may include one or more of the following: District
1) financial incentives for ridesharing;
2) full or partial subsidization of carpooling, vanpooling, buspooling, or use of public transit;
3) flexible or modified work hours for ridesharing employees;
4) assignment of preferential or free parking for vehicles used for ridesharing; and
5) annual surveys of program participation, attitudes, and needs.
Prior To Final Site Plan
Approval; To Be
Implemented Prior To
Final Building And
Zoning Inspections
Anaheim Gnteway
. The project applicant shall incorporate convenient bicycle storage facilities and transit shelters into Public Works
the design of the proposed project to the maximum extent feasible. Department - Traffic
Engineering Division
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Mirigation Monitoring Program
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Ongoing During
Construction
Prior To Final Site Plan
Approval; To Be
Implemented Prior To
Final Building And
Zoning Inspections
Prior To Issuance Of
Each Building Permit;
To Be Implemented
Prior To Final Building
And Zoning Inspections
Prior To
Commencement Of
Framing
Aitaheim Gateway
Noise
Short-Term (Construction) Noise
. Major construction activity shall be limited to the hours between 7 a.m. and 7 p.m. daily. Outside
of these hours, no activity shall take place that would result in a noise level of 60 dBA or above at
the site boundary for any extended period.
. All equipment operating on-site shall have properly operating mufflers. ,
. Equipment shall not be left idling for long periods; instead, it should be switched off.
. An area shall be designated for delivery of materials and equipment to site. This area shall be
located as far from the residential properties located to the west of the site as is practical.
Noise
Long-Term (Operational)
. Refuse coilection poiats and compactors for the home impeovement store and retail stores shall be
located on the east side of the retail buildings.
Public Services
Fire and Emergency Services
• Atl structures associated with the proposed project shall be equipped with automatic fire sprinklers.
Plans and specifications for sprinkler systems shall be submitted to the Fire Department for review
and approval prior to installation.
. Permits for all underground or aboveground tanks shall be obtained from the Fire
Prevention Division prior to installation.
. Fire hydrants shall be placed at approximately 300-foot intervals throughout the entire project site.
Exact fire flow requirements and fire hydrant locations shall be determined by the Fire Department.
• Fire apparatus access shall be provided to all structures.
Planning Department -
Building Division
Planning Department
Fire Department
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Mitigation Monitoring Program
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Public Services
Police Protection
Prior To Final Site Plan Anaheim Police Department shall be consulted and included in the planning of the following: Police Department
Approval; To Be • Landscaping
Implemented Prior To • Parking lot lighting
Final Building And . Building design ,
Zoning Inspections . Restroom design and location
. Large buildings shall have roof entry to allow police officers to enter the building from the roof if ~
necessary. This measure will also be of benefit to fire personnel in the event of a fire. Security •
measures for such entryways shall be developed in coordination with the Anaheim Police
Department by the building tenant to meet the needs of both the tenant and the Police Department.
. Clearly identifiable address indicators shall be provided on all buildings. All buildings shall have
the numbers of the address placed on the roof to assist the Police Department helicopter in quickly _
locating the building or address from the air, and from a safe distance in the event of an emergency
call. If the entire property is to use one postal address with each unit receiving separate unit
numbers or letters, these shall be included in the address on each roof.
• On-site security measures determined to be necessary by project tenants, potentially including use
of security guards, alarms, and access controls, shall be developed in coordination with APD.
. Visually isolated pockets within the development shall be minimized. Emergency exit doors which
have partially enclosing angled walls shall be secured with the intent of preventing access to these
areas.
Utilities I I I •
Water
Prior To Issuance Of • A new 12-inch water main shall be installed through the project site, connecting from the existing Public Utilities
First Building Permit 12-inch main in Lemon Street to the existing 16-inch line at the eastern edge of the project site. Department - Water
Division
Prior To Issuance of • Lower-volume water faucets and low-flow toilets shall be installed in new construction. Planning Department-
Each Building Permit; • Re-circulating hot water systems shall be used where feasible in long piping systems (where water Building Division
To Be Implemented must be run for considerable periods before hot water is received at the outlet.)
Prior To Final Building . Plumbing fixtures shall be selected which reduce potential water loss from leakage due to excessive
And Zoning Inspections wear of washers.
Anaheim Gnteway Mitigation Monitoring Pr~g ra~n
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Prior To Issuance of • Automatic s nnkler s stems used to irn ate landsca in shall be programmed to operate during the Utilities Department, -
Each Building Permit; cooler periods of the day (evening and early morning) to minimize water loss from evaporation, Resource Efficiency
To Be Implemented thereby ensuring the efficient use of inigation water. Landscape inigation schedules shall be Division
Prior To Final Building adjusted to accommodate the seasons.
And Zoning Inspections; • Selection of drought-tolerant, low water consuming plant varieties shall be used to reduce irrigation
And Ongoing During water consumption in new tandscaped areas.
Project Operation. . Efficient irrigation systems shall be installed which minimize runoff and evaporation and maximize
the water that will reach plant roots. '
. The project shall comply with the water conservation requirements of Title 20 and 24 of the '
California Administrative Code.
Utilities
Sewer
Prior To Issuance Of • The proposed project developer shall be required to submit a sewer study for City review and Public Works
Grading Permit approval substantiating that proposed flows will be at or below the design capacity of the existing Department-Design
sewer lines. Division
Solid Waste
Design
Prior To Final Site Plan
Approval
To Be Implemented
Prior To Final Building
& Zoning Inspections
Anaheim Gateway
The project applicant shall implement design features to support solid waste reduction programs,
including, but not limited to the following:
. Detailing the locations aad design of on-site recycling facilities.
• Facilitating paper recycling by providing chutes in convenient locations for sorting and recycling
bins.
'• Facilitating cardboard recycling (especially in retail areas) by providing adequate space and
centralized locations for collection and bailing.
. Providing trash compactors for non-recyclable materials whenever feasible to reduce the total
volume of solid waste and the number of trips required for coltection.
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Mitigation Monitoring Program
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Ongoing During Project • Participating in the City of Anaheim's "Recycle Anaheim" program or other substitute program as
Operation may be developed by the City.
• Providing trash compactors for non-recyclable materials whenever feasible to reduce the total
volume of solid waste and the number of trips required for collection.
Solid Waste
Construction ,
Prior To Issuance Of • Off-site locations for construction waste exported from the project and options for disposal of Planning Department -
Grading Permit excess material shall be identified. These options may include recycling of materials onsite, sale to Building Division
a broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared
landfill, with attempts made to move it within Orange County.
• The project applicant shall offer recyclable building materials, such as asphalt or concrete, for sale
or semoval by private firms or ~uhlic agencies for use in construction of other projects if all cannot ,
be reused on the project site.
Energy
Electricity
Prior To Issuance of . The project applicant shall provide conduits and substructures (including necessary conduits, ducts, ~blic Utilities
Building Permit; To Be manholes, vaults and service lateral ducts) for an underground distribution system to and within the Department - Electrical
Implemented Prior To proposed project site. The substructure system shall be installed in accordance with the Public Division
Final Building And Utilities Department's specifications.
Zoning Inspections . Exteriors shall be designed with lighter colors that would reflect sunlight and reduce "heat sinks."
Landscaping shall be incorporated to assist air conditioning systems in buildings.
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Anahein: Gateway Mitigation Monitoring Program
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Prior To Issuance Of • The applicant shall pay fees in accordance with Anaheim's Electric Rates Rules and Regulations for Public Utilities
Each Building Permit installation of backbone cables, switches and related facilities to provide electrical distribution to Department - Electrical
(For Fees); Prior to and within the proposed project site. Division
Final Building and . The applicant shall pay fees in accordance with Anaheim's Electric Rates Rules and Regulations for
Zoning Inspections For electrical commercial/industrial services for specific uses within the project site.
Utilities (for installation) . High-efficiency lamps shall be installed for all street and parking lot lighting to reduce electricity
consumption. Street lighting will be required along Durst Street. Chapter 18.04.080.030 of the
Municipal Code requires the installation of street lighting facilities or payment of street lighting per
front foot fee. The ordinance requires all new developments to install the street lighting facilities
required in accordance with the official street lighting standards on file in the Public Utilities
Department.
Prior To Issuance of . During the design process, the applicant shall consult with Anaheim Public Utilities regarding Public Utilities
Building Permit possible energy conservation measures. Department - Electrical
• Time controlled systems shall be used for exterior building light, parking area and outdoor signs to Division
reduce energy consumption. These systems shall be programmed to account for variations in
seasonal daylight times.
• Buildings shall be well-sealed to prevent outside air from infiltrating and increasing interior space-
conditioning loads. Where applicable, building entrances shall be designed with vestibules to
restrict infiltration of unconditioned air and exhausting of conditioned air.
Energy
Natural Gas
Prior To Issuance Of The project applicant shall consult with The Gas Company regarding feasible energy conservation The Gas Company
Each Building Permit measures.
Cultural Resources
Ongoing During In the event that cultural resources are encountered during the course of construction, grading or other Public Works
Construction activities with the potential to disturb such resources shall be halted, and a qualified archaeologist shall Department - Field
be called to the site to assess the significance of the resources and make recommendations concerning Engineering; Planning '
their disposition. Department - Building
Division
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Anaheim Gateway Mitigation Monitoring Program
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Hydrolo~y & Water Quality
Hydrology and Flooding
Prior To Issuance Of . The applicant shall prepare a master drainage plan for the project site. This plan shall include detailed Department of Public
First Grading Permit Or flood control plans. The plans shall include hydrology/hydraulic calculations and drainage Works; Orange County
First Building Permit, improvement plans, showing quantitatively how projected storm water runoff would not exceed Flood Control District
Whichever Comes First existing design conditions. These plans will identify areas for detaining storm water on-site until peak
flow rates have passed in the Lemon Street storm drain. Approximately 15.0 cfs of flow into the .
Durst Street lateral (or less, if flows can be diverted to the Lemon Street catch basin) needs to be
detained on-site or released into the street such that the existing facility is not overburdened.
Approximately 6.4 cfs of flow into the 54-inch drain at the southeast corner of the site needs to be
detained on-site such that the existing facility is not overburdened. Such plans shall be reviewed and
approved by the City of Anaheim Department of Pablic Works and Orange County Flood Control
District.
• The proposed project site shall be designed such that water will only pond to a designated depth
before spillover into the adjacent streets and finished floor elevations of all proposed buildings shall be
at least 1.5 feet above these spillover elevations.
Water Quality
Prior To Issuance Of • Compliance with the National Pollutant Discharge Elimination System general permit for construction Regional Water Quality
Grading Permit Or First activities shall be certified by the Regional Water Quality Control Board Control Board
Building Permit,
Whichever Comes First
• The applicant shall comply with the Water Quality Management Plan requirements set forth by the ,
Ongoing During Ciry of Anaheim. Planning Department -
Construction Building Division
Ongoing During . The project site shall be inspected after storm events to determine whether control practices (BMPs) to Public Works -
Construction reduce pollutant loadings identified in the Storm Water Pollution Prevention Plan are adequate and Development Services
properly implemented.
jwright/enviro/anaheim/promeir/fi nalmmp
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Anaheine Gateway Mitigation Monitoring Program
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