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Resolution-PC 2002-138• RESOLUTION NO. PC2002-138 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION' THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04603 BE GRANTED W HEREAS, the Anaheim City Planning Commission directed staff to initiate conditional use permit proceedings for certain real property situated in the City of Anaheim, County of Orange, State of California, 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 SOTHERLY 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. ALS.Q .EXCEPT TH~ S.QLJ_TH_290_00 FEE~7HEREOF. -. 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 1N BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE CONTY RECORDER OFSAID COUNTY. EXCEPT THE WEST 55.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 40.00 FEET THEREOF. ALS~ ~XCEPT 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 C01~1EMNATION iN FAVOR OF THE STATE OF CALiFORNIA, RECORDED NOVEMBER 8, 1999 AS INSTRUMENT NO. 1999-77736, OFFICIAL RECORDS. 220 BEACH BOULEVARD PAE~CEL 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 SHWON ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, LYING SOUTHERLY OF A LINE WHICH BEARS SOUTH 89° 31' 45" EAST FROM A POINT ON THE WEST CR5460DM -1- PC2002-138 • • 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. PARCEL 2: AN 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, RANGE 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 ORANGE 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, OFFlCIAL RECORDS. 222 BEACH BOULEVARD PARCEL A: PARCEL 1: THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE __.. SOUTHWEST QIJARTER QF TN.E SOUTkIWEST QUARTE~2 OF S~CTIO~1- 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 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 BEING CONCAVE WESTERLY HAVING A RADIUS OF 2582.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 83° 17' 42" EAST; THENCE SOUTHERLY 140.58 FEET ALONG SAID CURVE AND SAID EASTERLY LINE TO A POINT WHICH BEARS NORTH 89° 31' 45" ~JVEST 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 AND 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 -2- PC2002-138 • • 0°11' S6" EAST 15.00 FEET; THENCE NORTH 89° 31' 45" WEST 175.00 FEET TO A POINT ON A CURVE IN THE EASTERLYLINE 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 AND SAID EASTERLY LINE TO A POINT WHICH BEARS ORTH 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. 300 BEACH BOULEVARD THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF YTHE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 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" WES-T- 2-26:92 FEET TO ~HE WESTLtN~ O~ SAID SOUTHVt/EST QUARTER O~-TFtE SOUTHWEST QUARTER; THENCE ALONG SAID WEST LINE 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 8~ 314 BEACH BLVD. PARCEL 1: THAT POR~I~N OF THE SOUTHVVES7 QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS CQYOTES, !N THE ClTY OF ANAHENl, 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 WESTERY LINE OF SAID PARCEL B, NORTH 0° 11; 30 WEST -3- PC2002-138 • • 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 NORH 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 TI-~E 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 ORANGE 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 NORTHERLYLINE THEREOF, NORTH 89° 31' 00" WEST 39.42 FEET; THENCE SOUTH 0° 29' 00" WEST 70.00 FEET TO A POINT ON THE SOUTHELY 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-EXGLU~W€ EASEMEN~, ~O BE k~SED IN--COMMON WITH -O~HERS, FOR -- INGRESS AND EGRESS TO AND FROM THE HERINABOVE 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, PARALLEL 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, TNENCE, CONTlNI!!!VG ALLDNG SA!'D SOU~f~ARY, SOUTH 89° 3'i' 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 COMMOM WITH OHTERS, FOR INGRESS AND EGRESS TO AND FROM THE HEREINABOVE DESCRIBED PARCEL 1, ON, OVER AND ACROSS THAT PORTtON 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, -4- PC2002-138 ~ ~ PARALLEL WITH THE WESTERLY LINE OF SAID PARCELS A AND B, SOUTH 0° 11` 30" EAST 102.23 FEET TO THE SOUTHERLY LINE OF SAID PARCEL A; THENCE, ALONG SAID SOUTHERLY 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 PEDESTRIANUSES 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' 44" 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 POOINT OF BEGINNING. 320 BEACH BOULEVARD -- PARCEL A,-E~} ~kIE CE~'Y 4F ANAHEIM, COUNTY OF ORANGE, S~RTE OF CAtIFORNIR, AS SHOWN ON A MAP FILED IN BOOK 42, PAGE 29 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY 2951-2961 LINCOLN AVENUE LOTS 2 TO 17 INCLUSiVE OF TRACT 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. 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, RANGE11 WEST, IN -5- PC2002-138 • . 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 FOLLOWS: BEGINNING AT A POINT OF THE SOUTHLINE OF SAID SECTION, NORTH 89° 41' EAST 662.75 FEET FROM THESOUTHWEST CORNER THEREOF; THENCE NORTH 0° 13' EAAST 1328.09 FEET TO A OINT; 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. ALSO EXCEPTING THEREFROM THE NORTH 50 FEET OF THE SOUTH 155 FEET OF THE EAST 29 FEET. ALSO EXCEPTING THEREFROM THE SOUTH 40 FEET. PARCEL 3: THE NORTH 726.00 FEET OF THAT PORTION OF THE EAST HALF 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 - SOUTN LINE O~ SAlD ~ECT-IOfd, NORTI-f 89° 41-' EAST 652.75 FfET FROM THE - SOUTHWEST CORNER THEREOF; TFiENCE 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 %Z 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 QUARTYER OF THE 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, 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 EXCPTING ALL SUBSURFACE 1NATER RlG.H.TS, AS DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 26, 2002 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 General Plan Amendment No. 2002-00405 and Reclassification No. 2002-00081 proposed in conjunction with said conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the September 9, 2002 Planning Commission meeting in order to appropriately advertise for the conditional use permit; and 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: -6- PC2002-138 • • 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.03.030.010, 18.44.050.025, 18.44.050.135, 18.44.050.300, and 18.44.050.303, to construct a comrnercial 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, and with waivers of the following: (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 AN D 18.44.066.050 Minimum number of parkinq spaces. (1.607 required; 1,446 proposed) (b) SECTION NOS. 18.04.060.050 AND 18.44.100 Maximum fence heiqht. ~ feet high permitted; 10 feet high proposed) 2. That the proposed uses are properly one for which a conditional use permit is authorized by the Zoning Code; and 3. That the proposed use, subject to the conditions recommended herein, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; and 4. That the size and shape of the site for the proposed 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; and 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition; and that two 2 people spoke in favor of the subject request (1 represented West Anaheim Neighborhood Development Council [WANDj, and 1 represented the City of Buena Park who spoke in favor, but relayed some concerns). CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct 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 consurnption, an annusement device arcade, a multi-4enant 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, and with waiver(s) of minimum number of parking spaces 1 607 required; 1,446 proposed) and maximum fence height (6 feet high permitted; 10 feet high proposed) on a site that consists of multiple properties with a corribined area of approximately 30 acres and is located north and east of the northeast corner of Beach Boulevard and Lincoln Avenue, having a frontage of 1,150 feet on the east side of Beach Boulevard and 490 feet on the north side of Lincoln Avenue (200 - 328 North Beach Boulevard and 2951 - 2961 West Lincoln Avenue); and does hereby approve the Environmental Impact Report For The West Anaheim Commercial Corridors Redevelopment Project and Addendum and Mitigation Monitoring Plan No. 119 together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no evidence that the project will have a significant effect on the environment. -7- PC2002-138 • ~ NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, 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: Commercial Retail Center: 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 finrenty-four (24) hours from time of occurrence. That no exterior vending machines shall be permitted within the view of the public rights-of-way. 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. 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. -8- PC2002-138 • • 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. 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 sneet 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 Tra~c 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 Transpor4ation 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 -9- PC2002-138 • C~ 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 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 finro 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 #he plans submitted for building permits. 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 -10- PC2002-138 ~ ~ 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 water system to meet the projecYs 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 wiil be used on-site to controf 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 equip~rnent shali 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. -11- PC2002-138 ~ ~ 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 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. Full Service Restaurants with Sales of Alcoholic Beveraqes and Fast Food Restaurants_(.inclu.dirtq outdoor seatinq area): 58. That final detailed site, floor, lighting, and elevation plans for the full service restaurants shall be submitted to the Zoning Division for Planning Commission review and approval as a"Reports and Recommendations" item. 59. That a letter of operation indicating all operational aspects of each of the full-service restaurants, including the hours of operation, shall be submitted to the Zoning Division for Planning Commission review and approval as a"Reports and Recommendations" item. The hours of operation for each restaurant shall be determined by the Planning Commission as a"Reports and Recommendations" item. 60. That a final detailed outdoor seating and public plaza plan, including public art, landscaping, and water features, shall be submitted to the Zoning Division for Planning Commission review and approval as a"Reports and Recommendations" item. S1. That finai detaiied fiaor pians and ie4ter of operation indicating the proposed hours of operation for the amusement device arcade shall be submitted to the Zoning Division for Planning Commission review and approval as a"Reports and Recommendations" item. 62. That #~nal detailed site, floor, ar~d drive through lane plans for the drive-through restaurants shaii be submitted to the Zoning Division for Planning Commission review and approval as a"Reports and Recommendations" item. 63. That the establishment shall be operated as a"Bona Fide Public Eating Place" as defined by Section 23038 of the California Business and Professions Code. 64. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim. 65. That there shall be no pool tables maintained upon the premises at any time. -12- PC2002-138 ~ • 66. That the alcoholic beverage ficenses shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the California Business and Professions Code. 67. That the sales of alcoholic beverages shall not exceed 40% of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of [beer.and wine] [alcoholic beverages] and other items. These records shall be made available, subject to audit and, when requested inspection by any City of Anaheim official during reasonable business hours. 68. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. 69. That the sales of alcoholic beverages for consumption off the premises shall be prohibited. 70. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcohol beverages, with the exception of one (1) sign indicating "cocktails". 71. That the activities occurring in conjunction with the operation of these establishments shall not cause noise disturbance to surrounding properties. 72. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to employ or permit any persons to solicit or encourage others, dire.cily or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit- sharing plan, scheme or conspiracy. 73. That at all times when entertainment or dancing is permitted, approval shall be obtained from the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. 74. That all doors serving subject restaurants shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, to pe~mit deliveries and in cases of emergency. 75. That the outdoor dining area shall be completely enclosed by fencing or other such permanent structure as approved by the City, at least forty (40) inches in height, into which entry is only possible from the interior of the business. Emergency exits required by the Uniform Fire Code shall be main4ained, b~t not utiiized by patrons/empioyees other tnan in an emergency. Said information shall be shown on plans submitted for building permits. Self Storas~e Facilitv: 76. That any on-site maintenance or repair of recreational vehicles, cars, boats, personal watercraft, motorcycles, or trailers, shall be prohibited. 77. That no public sales of propane gas or the public use of dumping stations shall be permitted at this property. A maximum of one (1) sanitary dump station, for the use of tenants only, shall be permitted. A plan showing the location of said facility shall be submitted to the Zoning Division for review and approval. 78. That the vehicles parked adjacent to the north and east walls shall not extend or project above the block wall fence. -13- PC2002-138 • ~ 79. That no commercial tractor trailers or 18-wheel vehicles shall be permitted at this site. 80. That no storage of inoperable vehicles shall be permitted and that no unlicensed vehicles shall be stored at the site. 81. That final detailed site, fencing, floor, elevation, lighting, and landscaping (with materials, sizes and locations of plant materials and methods of screening) plans for the self storage/RV and boat storage facility shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 82. That a letter of operation indicating all operational aspects of the self storage/RV and boat storage facility, including the hours of operation, shall be submitted to the Zoning Division for Planning Commission review and approval as a"Reports and Recommendations" item. 83. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheirn by the petitio~er and which plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. 84. That prior to the issuance of a building permit, or within a period of two (2) years from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 27, 28, 29, 30, 32, 34, 35, 36, 37, 38, 39, 42, 44, 45, 46, 47, 48, 49, 52, 53, 57, 58, 59, 60, 61, 62, 75, 77, 81, and 82, above-mentioned, shall be complied with. 85. ~hat prior to-fnal-building and zoning i~sp€Etions., Condition Nos_.33, 77, and 83, above-mentioned.,_ . shall be complied with. 86. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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 September 9, 2002. CHAIRPERSON, ANAH M CITY PLANNING COMMISSION ATTEST: ~I,P~N.4s~-~G SECRETARY, ANAHE CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -14- PC2002-138 ~ ~ J I, Eleanor Fernandes, 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 September 9, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE l IN WITNESS WHEREOF, I have hereunto set my hand this z Y T~ day of c 1~ r~.~i r, 2002. ~.,~,.~r.~.~ ~-,/ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -15- PC2002-138