Resolution-PC 2004-140~ ~
RESOLUTION NO. PC2004-140
ARESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2004-04906 BE GRANTED
(1801 EAST KATELLA AVENUE)
VVHEREAS, the Anaheim 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: PARCEL 1 OF PARCEL MAP NO. 85-214, AS SHOWN ON A MAP FILED
IN BOQK 208, PAGES 11 AND 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY; CALIFORNIA.
PARCEL B: PARCEL 2 OF PARCEL MAP NO. 85-214, AS SHOWN ON A MAP FILED
IN BOOK 208, PAGES 11 AND 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL C: PARCEL 1 AS SHOWN ON A MAP IN BOOK 57, PAGE 1 OF PARCEL
MAPS, RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center '
in the City of Anaheim on November 15, 2004 at 2:00 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-
18.60 (Procedures}, to hear and consider evidence for and against said proposed conditional use permit and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigatian 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 Sections 18.20.090.050, 18.20.030.090 (7able 20-A) and 18.66.040 to modify required
setbacks and to permit sales of alcoholic beverages for on-premises consumption in a proposed 7,839
square foot restaurant within the Stadium Lofts - Anaheim (a proposed high-density urban mixed-use center
with 390 apartment dwelling units located above 2,820 square feet of retail use, 7,839 square feet of
restaurant use, and 6,297 square feet of clubhouse and leasing office surrounding a 5-level parking
structure) with waiver of the following:
(a) SECTION NOS. Minimum dimension and area
18.20.110.020.0202.01 of patios/balconies. (Minimum dimension and
AND 18.20.110.020.0202.02 area required for patios is 8-foot and 100 s.f., and
7-foot and 70 s.f. for balconies; minimum dimension
and area proposed is 3-foot, 8-inches and 39
square foot for patios/balconies)
(b) SECTION NOS. Required buildinq treatment
18.20.140.110.1102.02 adiacent to streets. (18-inch above- grade
AND 18.20.140.110.1103.02 residential entries adjacent to State College Blvd.
and the Connector street required; at grade entries
proposed)
2. That the above-mentioned waivers pertaining to (a) minimum dimension and area of
patios/balconies and (b) required building treatment adjacent to State College Boulevard and the Connector
street are hereby granted on thebasis that there are special circumstances applicable to the property such
as its location and unique characteristics resulting from ultimate right-of-way improvements that will alter the
topography and surrounding State College Boulevard and'Wright Circle street grades and unique
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circumstances pertaining to the intended use of the Connector street mainly,for vehicular access with limited
pedestrian orientation due to surrounding land uses. Submitted plans indicate enhanced landscaping and
amenities in recreational/leisure areas in excess of Code requirements and further that all proposed
patios/balconies accommodate seating for passive outdoor relaxation.
3. Thaf because of these special circumstances, strict application of the Zoning Code would deprive
the property of privileges that will be enjoyed by other properties in the vicinity within'the Platinum Triangle
Mixed Use Overlay Zone as the majority of properties in The platinum Triangle will not be affected by the
proposed grade separation ultimate right-of-way improvements along State College Soulevard and Wright
Circle.
4. That the proposed use will not adversely affect the adjoining land uses or the growth and
devefopment of the area in which it is proposed to be located as staff believes theproposed project is
compatible with existing and surrounding land uses and that the minor deviations from the Code would still
achieve aproject with architecturally enhanced elevations and recreational/{eisure amenities for residents in
the project, and further provide a project that is compatible and consistent with the General Plan Mixed-Use
land use designation and The Platinum 7riangle Master Land Use Plan.
5. Thafthe size and shape of the site proposed for the use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area or to health and safety.
6. That the traffic generated by the proposed use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area as the proposed project has been "
analyzed in a Traffic lmpact Study dated September 28, 2004, reviewed and approved by the City Traffic and
Transportation Manager and that the required infrastructure improvements along the adjacent streets will be
constructed in connection with the project.
7. That the granting of the conditional use permit under the conditions imposed will not be detrimental
to the health and safety of the citizens of the City of Anaheim.
8. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission pursuant to the provisions of the California Environmental Quality Act ("CEQA"), by mo4ion,
does find and determine, based upon its independent review and consideration of the Initial Study conducted
pursuant to CEQA for Development Agreement No. 2004-00002 and Conditional Use Permit No. 2004-
04906, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and
Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that FEIR No. 330
previously certified by the City Council for the Amended General Plan and related projects, together with the
Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated
Negative Declaration for the Development Agreement and the Proposed Project, together with Mitigation
Monitoring Program No. 125 are adequate to serve as ihe required environmental documentation for the
Proposed Development Agreement and Conditional Use Permit and satisfy all of the requirements of CEQA,
and that no further environmental documentation need be prepared for this Proposed Development
Agreement or Conditional Use Permit
NOW, THEREFORE, BE ITRESOLVED that the Anaheim 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 health and
safety of the Citizens of the City of Anaheim:
1. That this Conditional Use Permit is granted subject to adoption of Development Agreement No. 2004-
00002, now pending. ~
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' 2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for a
domestic above-ground water meter in addition to providing a 5-foot wide clearance around the water
meter pad and a 10-foot wide access easement along the waterline from the street'to the water meter
pad for maintenance.
3. That a private water system with separate water service for fire protection and domestic water shall be
` provided.
4: That all backflow equipment shall be located above ground outside of the street setback area in a
manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a
vaulf shall be brought up to current standards. 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 screenetl from all public streets and alleys. Said information
shall be specifically shown on plans submitted for approvalby the Water Engineering Division of the
Public Utilities Department. -
5. That all existing water services shall conform to current Water Utilify Standards. Any existing water
services that' are not approved by the Utility for continued use shall be upgraded to current standards, or
abandoned by the property owner/developer. If the existing services are no longer needed, they shall be
abandoned by the property owner/developer.
6. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonments of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Public Utilities Department.
7. That prior to submitting the water improvement plans, the property owner/developer shall submit a water
system master plan, including a hyd~aulic distribution network analysis, to the Water Engineering
Division of the Public Utilities Department for review and approval. The master plan shall demonstrate
the adequacy of the proposed on-site water system to meet the project's water demands and fire
protection requirements.
8. That prior to application for water meters, fire lines or submitting the water improvement plans for
approval, the property owner/developer shaA submit to the Water Engineering Division of the Public
Utilities Department, an estimate of the maximum fire flow rate and maximum day and peak hour water
demands for the project. This information wiA be used to determine the adequacy of the existing water
system to provide the estimated water derriands. Any off-site water system improvements required to
serve the project shall be done in accordance with Rule No. 15A:6 of the Water Utility Rates, Rules, and
Regulations.
9. That individual water service and/or fire line connections shall be required for each parcel and/or
residential and commercial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and
Regulations.
10. That because this project has a landscaping area exceeding 2;500 square feet, a separate irrigation
meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim
Municipal Code. Said information shall be specifically shown on plans submitted for building permits.
11. That signs shall be posted indicating no on-street parking shall be allowed on the adjacent streets except
where designated turn-out areas are provided for loading and unloading. Such signs shall be shown on
plans submitted for the review and approval of the City Tra~c and Transportation Manager.
12. That trash storage areas and trash chutes shall be provided and maintained in a location acceptable to
the Public Works Department, Streets and Sanitation Division and in accordance with exhibits approved
in conjunction with this Conditional Use Permit, on file with the Planning Department. Said information
shall be specifiically shown on plans submitted for building permits.
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13. That the legal property owner shall provide the City of Anaheim with an easement for electrical service
lines to be determined as electrical design is completed. Said easement shall be submitted to the City of
Anaheim prior to connection of electrical service.
14. Thaf an on-site trash truck turn-around area shall be provided per Engineering,Standard Detail Na 476
and maintained to the satisfaction of the Public Works Department Streets and Sanitation Division. Said
#urn-around area shall be specifically shown on plans submitted for building permits.
15. That the proposed development shall operate in accordance with the written so~id waste management
plan signed on October 16, 2004, by the project applicant, Windstar Communities, Inc. Modifications to :
the solid waste management plan shall only occur if mutually agreed upon by both the property owner
and the City of Anaheim qirector of Public Works.
, 16. That any required relocation of City electrical facilities shall be at #he property owner/developer's
expense. ~andscape and/or hardscape screening of all pad-mounted equipment shall be required and
shall be shown on plans submitted for building permits.
17. That closed circuit television (CCN) security cameras shall be installed to monitor the parking structure
and themailroom on the second level of the parking structure to the satisfaction of the Anaheim Police
Department. CCN cameras shall be strategically located throughout the parking structure, covering all
areas, especially all pedestrian and vehicular access points. Said information shall be specifically shown
on plans submitted for building permits.
18. That an address monument and/or complex map shall be positioned to be readable from the main
vehicular'or pedestrian access points without causing vehicular stacking and shall be illuminated during
hours of darkness. Said information shall be specifically shown on plans submitted for building permits. '
19. That each individual building and unit shall be clearly marked with its appropriate building number and
address. These numbers shall be positioned so they are easily viewed from vehicular and pedestrian
pathways throughout the complex. Main building numbers shall be a minimum of 12 inches in height.
Main building numbers and address numbers shall be illuminated during hours of darkness. Said
information shall be specifically shown on plans submitted for building permits. ,
20. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
material. The numbers shall not be visible from view of the street or adjacent properties. Said
information shall be specifically shown on plans submitted for Police Department, Community Services
Division approvaL
21. That pedestrian and vehicular access control shall be requiced to prevent unwanted entry. A digital
keypad entry system shall be included to facilitate quick response by emergency personnel. The
system's entry code shall be provided to the Anaheim Police Department Communications Bureau and
the Anaheim Fire Department.
22. That adequate lighting on all levels of the parking structure, including circulation areas, aisles,
passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient
wattage to provide adequate illumination to make clearly visible the presence of any person on or about
the premises during the hours of darkness and provide a safe, secure environment for all persons,
property, and vehicles on-site. Said information shall be specifically shown on plans submitted for
building permits.
23. That prior to the issuance of the first building permit, the legal owner of the subject property shall
irrevocably offer to dedicate to the City of Anaheim a public utility and sidewalk easement 3 feet in width
immediately adjacent to the west property line for placement of street lights, stop signs, fire hydrants, etc.
so as not to encroach onto the public sidewalk along the Connector street.
24. That prior to the issuance of the first building permit, a cash payment shall be made to the City of
Anaheim for the future construction of one-half of the Connector street between Katella Avenue and
Wright Circle to the standards required in The Platinum Triangle Master Land Use Plan. The amount of
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the cash payment is set forth in Exhibit "G', Connector Street Cost Estimate ,of Development Agreement
No. DAG2004-00002.
25. That prior to the first final building and zoning inspection, the interim improvements for the Connector
street between Katella Avenue and Wright Circle shall be complete and the pavement shall be repaired
and resurfaced to provide a minimum pavement life of ten-years to the satisfaction of the Public Works
Department. _
26. That prior to issuance of the first building permit, the property owner shall provide an irrevocable offer of '
dedication to the City of Anaheim for the future Connector street between Katella Avenue and Wright
Circle, as shown on the approved site plan. The City may defer acceptance of said offer up to the time
that additional dedication and improvements are provided to meet the minimum standards for a
Connector street as provided in the Platinum Triangle Master Land Use Plan. That prior to the issuance
of the first building permit, the City Engineer and City Attorney shall approve and the property owner
shall record a maintenance covenant providing for the continued operation and maintenance of the street
as a private street until such time as the City accepts the offer of dedication.
27. That prior to issuance of the first building permit,the legal property owner shall irrevocably offer to
dedicate an easement to the City of Anaheim for road, public utilities and other public purposes 72-feet
from the centerline of State College Boulevard; 72-feet from the centerline of Katella Avenue and 38-feet
from the centerline of Wright Circle; and 28-feet for the Connector Street between Katella Avenue and
Wright Circle, as shown on exhibits approved in conjunction with this Conditional Use Permit, on file in
the Planning Department.
28. That prior #o the issuance of the first building permit, the legal property owner shall submit interim
improvement plans for the Connector street to the Development Services Division of the Public Works
Department for review and approval. The Connector street improvements shall be developed in
accordance with the approved plans prior to final building and zoning inspections.
29. That prior to the issuance of the first building permit, the legal property owner shall finalize the
abandonment of the existing public utilities easement (ABA2004-000098) to the satisfaction of the
Development Services Division of the Public Works Department.
30. That Street and Supplemental Lanes Intersection improvements including street widening, sidewalk and
parkway landscaping and irrigation shall be constructed along State College Boulevard (future 6 Lane
Major, no bike lane, fiuture 60-foot half width with an additional supplemental right turn lane, resulting in a
72-foot wide half width) and Katella Avenue (8 Lane Major, 72-foot half width) in conformance with Public
Works Standard Detail 160-A, Supplemental Lanes Detail 164-A (3 thru lanes, dual lefts, one right) and
The Platinum Triangle Master Land Use Plan. The existing curb along State College Boulevard north of
supplemental lane (43-feet from the street centerline) may remain during the interim condition until the
future railroad grade separation is constructed. Wright Circle shall also be improved per approved plans.
Parkway landscaping along all streets shall be installed and maintained by the property owner with
irrigation connected to the on-site system. An improvement bond in a form acceptable to the City
Attorney shall be posted prior to the issuance of the first building permit and street improvements shall
be complete prior to the first final building and zoning inspection. '
31. That the legal property owner shall obtain a right-of-way construction permit at the Public Works -
Engineering counter for all work within the public right-of-way. All improvements must be complete and
accepted by the field Engineer prior to the first final building and zoning inspection. Any existing
improvements damaged prior to or during construction at the site must be repaired prior to clearance for
certificate for occupancy.
32. That prior to issuance of the first building permit, 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 three
existing lots such that any new building lies completely within one (1) parcel.
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33. That the portions of the retaining wall adjacent to' Wright Circle and State College Boulevard that will be
visible from the rights-of-way upon completion of right-of-way improvements for the railroad grade
separation, shall be constructed of decorative split face brick or other decorative brick as approved by
the Planning Services Division of the Planning Department. Said information shall be specifically shown
on plans submitted for building permits.
34. That ongoing during project operation, the property owner/developer shall ensure that the business
operator of the subject restaurant shall continuously adhere to the following conditions, as required by
the Police Department:
a. 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. '
b. `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.
c. That food service with a full meal shall be available from opening time until either 10:00 p.m. or
closing time, whichever occurs first, on each day of operation.
d. That there shall be no pool tables maintained upon the premises at any time.
e. That subject alcoholic beverage license 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.
f. 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 business operator shall maintain records on a quarterly basis
indicating the separate amounts of sales of alcoholic beverages and other items. These records
shal4 be made available, subject to audit and, when requested, inspection by any City of Anaheim
official during reasonable business hours.
g. 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.
h. That sales of alcoholic beverages for consumption off the premises shall be prohibited.' .
i. 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.
j. That the activities occurring in conjunction with the operation of this establishment shall not cause -
noise disturbance to on-site residents or off-site nearby residents.
k. That the business operator shall comply with Section 24200.5 of the Business and Professions Cade
so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy
them drinks in the licensed premises under any commission, percentage, salary, or other profit-
sharing plan, scheme or conspiracy.
I. That all doors serving subject restaurant 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 permit deliveries and in cases of emergency.
m. That the portion of this permit regarding the sales of alcohol shafl expire five years from the date of
approval unless a valid license has been issued by the California Department of Alcoholic Beverage
ControL
n. That the outdoor dining area shall be completely enclosed by decorative fencing, complementary to
the design of the building 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
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exits required by the Uniform Fire Code shall be maintained, but not utilized by patrons/employees
other than in an emergency. Said information shall be specifically shown on plans submitted for
building permits.
o. That there shall be no direct pedestrian access to the outdoor dining area from outside the building.
All access to this area shall be solely through the restaurant:
p. No admission fee, cover charge, advance prepayment for meals, or similar fee shall be imposed
upon patrons as a condition of entry to the premises.
q. That the subject alcoholic beverage license shall not be exchanged for a public premise (bar) type
license nor shall the establishment be operated as a public premise as defined in Section 23039 of
the Business and Professions Code.
r. That at all times that entertainment or dancing is permitted, security measures shall be provided to
the satisfaction of 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 to prevent disturbance to the neighborhood by excessive noise created by patrons
entering or {eaving the premises.
s. That there shall be no publictelephones on the premises located within the view of any right-of-way.
t. That any and all security officers provided shall comply with all State and Local ordinances regulating :
their services, inc{uding, without limitation, Chapter 11.5 of Division 3 of the CaliforniaBusiness and
Profession Code. (Section 4.16.070 Anaheim Municipal Code)
35. That french doors acceptable to thePlanning Services Division shall be provided on all patio (ground-
floor) doors. Said information shall be specifically shown on plans submitted for building permits.
36. That all air conditioning facilities and other roof and ground mounted equipment shall be properly
shielded from view. Said information shall be specifically shown on the plans submitted for building
perm its.
37. That all plumbing or other similar pipes and #ixtures located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
38. That the tubular steel fence to be constructed on top of the retaining wall adjacent to State College
Boulevard and Wright Circle, shal! not exceed three (3) feet in height as measured from the top of the
retaining wall. Clinging vines shall be planted on maximum 5-foot centers, irrigated and maintained,
adjacent to said fence and walL Said information shall be specificafly shown on plans submitted for
building permits.
39. 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.
40. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
41. That the property owner/developer shafl be responsible for compliance with all mitigation measures
within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring
Program No. 125 as established by the City of Anaheim and as required by Section 21081.6 of the
Public Resources Code to ensure implementation of those identified mitigation measures.
42. That signage for subject facility sha11 be limited to that shown on the approved Conditional Use Permit
exhibits submitted by the project applicant, on file in the Planning Department. Any additional signage
shall be subject to approval by the' Flanning Director.
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43. That gates sha11 not be installed across any driveway or private street in a manner which may adversely
affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the
Engineering Standard Plan No. 475 and shall be subject to the review and approva( of the City Traffic
and Transportation Manager prior to the issuance of the first building permit.
44. 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. 402; 436, 470, 471,
472, 473 and 475 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans
45. That all driveways to the project site shall be constructed with ten (10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 115. Said information shall
be specifically shown on plans submitted for building permits.
46. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
47. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval in
conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for signs or
wall/fence locations. Said information shall be specifically shown on plans submitted #or building permits.
48. That the driveway into the project from Katella Avenue shall be limited to right-in and right-out only,
49. That the owner of subject property shall submit a letter requesting termination of VarianceNo. 4129 (to
waive required dedication of right-of-way to construct a 1,000 square foot outdoor dining area with sales
of alcoholicbeverages for on-premised consumption), Conditional Use Permit No. 1427 (to establish two
enclosed restaurants with cocktail lounges, in an office building and bank site waiving permitted uses,
minimum lot size, permitted sign location, maximum sign area and minimum distance between signs),
and Conditional Use Permit No. 2862 (to permit a semi-enclosed restaurant with sales of alcohol for on- '
premises consumption with waivers of maximum wa{I height, minimum structural setback, permitted
encroachments and minimum number of parking spaces) to the Planning Services Division of the
Planning Department.
50. That prior to the issuance of the first building permit, the legal property owner shall demonstrate that
efforts have been made to obtain the consent of the owner of the property at 1701 East Katella Avenue
to close the first existing driveway opening from the existing private alley (future Connector street) just
north of Katella Avenue. If consent is obtained, the driveway shall be closed prior to the first final
building and zoning inspection.
51. That assigned parking spaces shall be provided for each residential unit. Said information shall be
specifically shown on plans submitted for building permits.
52. That visitor parking spaces shall be posted, "No Overnight Parking, Except by Permission of the
Management" Said information shall be specifically shown on plans submitted for building permits.
53. That all above-ground utility devices shall be located on private property and outside any required
setback area. Said information shall be shown on plans submitted for the first building permits.
54. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by project applicant and which plans are on file with the Planning '
Department marked Exhibit Nos. 1 through 105, and as conditioned herein.
55. That prior to issuance of the first building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 4, 7, 10, 11, 12, 13; 14, 16, 17, 18, 19, 20, 22, 23, '
24, 26, 27, 28, 29, 30, 32, 33, 35, 36, 37, 38, 43, 44, 45, 47, 49, 50, 51, 52, and 53, above-mentioned,
shall be complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
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56. That prior to final building and zoning inspections; Condition Nos. 21, 25, 30, 31, 50 and 54,
above-mentioned, shall be complied with.
57. 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 anyother applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim 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.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 30 days of the issuance of the final
invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay al{
charges shall resulf in delays in the issuance of xequired permits or the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 15, 2004. Said resolution is subject to the appea rovi ' s set forth in Chapter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code t ppeal roc es and may be replaced
by a Ciry Council Resolution in the event of an ap al.
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CHAIRMA , AHEIM P ANNING OMMISSION
ATTEST:
~~-<~~,~:~...~
SENI R SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
November 15, 2004, by the following vote of the members thereof:
AYES: COMM{SSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERB{L7-LINARES
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN W{TNESS W HEREOF, I have hereunto set my hand this ~ day of
, 20~
ENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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