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Resolution-PC 98-43RESOLUTION NO. PC98-43 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETIl'ION FOR CONDITIONAL USE PERMIT NO. 4005 BE GRANTED WHEREAS, the Anaheim ~ity Planning Commission did receive a ver?fied Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: COMMENCING AT A POINT ON THE SOUTHERLY PROLONGATION OF THAT CERTAIN LINE DESIGNATED "EASTERLY LINE OF RIVAS ALLOTMENT', ON A MAP FILED IN BOOK 22, PAGE 2 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DISTANT ON A BEARING ON SOUTH 1409.76 FEET FROM THE NORTHEAST CORNER OF SAID RIVAS ALLOTMENT, AS SHOWN ON SAID MAP; THENCE SOUTH 56 DEG. 30' 00" EAST 797.83 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 56 DEG. 30' 00" EAST 197.08 FEET; THENCE SOUTH 87 DEG. 30' 00" EAST 197.08 FEET; THENCE SOUTH 87 DEG. 30' 00" EAST 953.07 FEET TO THE EASTERLY LINE OF LOT 6 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, THENCE SOUTH 6 DEG. 00' 00" EAST 1008.35 FEET TO 7HE SOUTHEAS7 CORNER OF SAID LOT 6; THENCE ALONG THE SOUTHERLY LINE OF SAID L07 6 THE FOLLOWING COURSES: SOUTH 74 DEG. 20' 00" WEST 693.66 FEET, NORTH 65 DEG. 03' 00" WEST 244.86 FEET, AND NORTH 50 DEG. 18' 00" WEST 132.00 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF NORTH 81 DEG. 18' 00" WEST 112.35 FEET TO A LINE THAT BEARS SOUTH 6 DEG. 00' 00" EAST FROM 1'HE TRUE POINT OF BEGINNING; THENCE NORTH 6 DEG. 00' 00 WEST 1142.15 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY QUITCLAIM DEED DATED DECEMBER 2, 1969, FROM HAZEL I. MAAG, RECORDED DECEMBER 24, 1969, IN BOOK 9173, PAGE 752 OF OFFICIAL RECORDS. THOSE PORTIONS OF LOTS 4 AND 5 OF DOMlNGUEZ ESTATE, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT POINT IN THE NOFtTHEASTFRLY LINE OF SAID LOT 4, DISTANT NORTH 65 DEG. 03' WEST 102.18 FEET FROM Th1E NORTHEASTERLY CORNER OF SAID LOT 4, RUNNING THENCE SOUTH 3 DEG. O6' EAST 464.60 FEET TO A POINT IN THE NORTHWFSTERLY RIGHT OF WAY LINE OF THE SANTA ANA VALLEY IRRIGATION COMPANY AS DESCRIBED IN DEED RECORDED MARCH 7, 1940, IN BOOK 1033, PAG~ 362 OF OFFI('~AL RECORDS; THENCE NORTH 74 DEG. 27' EAST ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE 298.53 rEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 15 DEG 33' EAST 3.00 FEET TO A POINT; THENCE NORTH 74 DEG. 27' EAST, CONTINUING ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE 507.09 FEET TO A POINT IN THE EASTERLY LINE OF SAID LOT 5; THENCE NORTH 6 DEG. 00' WEST ALONG SAID EASTERLY LINE 397.22 FEET TO THE NORTHEASTERLY CORNER OF SAID L07 5; THENCE SOUTH 74 DEG. 20' WEST 693.66 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT; THENCE NORTH 65 DEG. 03' WES7102.18 FEET TO THE POINT OF BEGINNING. CR3219PL.DOC -1- PC98-43 PARCEL 2 IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 225, PAGES 20 through 22 OF PARCEL MAP5, IN THE OFFICE OF THE COUNTY RECORDER OF SAICi COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 30, 1998 at 1:30 p.m., notice of said public hearing having been duiy given as required by law and in accordance with lhe 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 findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigalion 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 petitioner requests approval of a conditional use permit under authority of Code Sections 18.44.025.U70, 18.44.050.085, 18.44.050.135, 18.44.050.300, 18.44.050.303, 18.84.062.031 and 18.84.062.032 to construct a 243,180 sq. ft. commercial center (including installation of automotive electronics in conjunction with an electronics store) with building heights exceeding 35 feet, roof-mounted equipment, a 4,685 sq. ft. fast food restaurant with a drive-through lane, and a 171,674 sq. ft. self-storage faciliry, and waivers of the following: (a) Sections 18.05.091.014 - and 18.84.062.040 (b) Sections 18.05.091.030 - and 18.84.062.040 (c) Sections 18.05.030.140 18.05.091.020 and 18.84.662.040 (d) Sections 18.05.091.020 - and 18.84.062.040 (e} Sections 18.06.050.0211 - 18.06.050.022 18.06.050.0221 18.06.050.0231 18.06.050.0232 18.06.050.0233 18.06.050.0234 18.06.050.028 18.06.080 and 18.44.06G..050 Permitted commercial center identification si n. (maximum 26 sa. ft. sign permitted; 52'/z sa. ft. sign proposed) Permitted directional sians. (maximum 3' x 3' (9 sq. ft.) sign with the words 'jn' or 'ouP or 'enter' or'exiY permitted; 4'-8" x 2'-9" (12.8 sq. ft.) sign with 'deliverv information' proposed) Permitted types of siqns. ('wall' signs abova roof heights not permitted; 8 wall siqns proposed on tower features) Permitted wall sians, (max(mum one wall sian for each building tenant permitted; one to four wall signs for each building tenant proposed) Minimum number of ~arking spaces. (1 316 required; 1.160 proposed and concurred with by the City Traffic and Transportation Manager) -2- P~98-43 (~ Sections 18.04.060.050 - blinimum oarking lot landscaoina. 18.06.0~0.040 (48 sq. ft. landscaped planter, having minimum and 18.44.066.030 5-foot dimensions, separating every 10 parking spaces required; diamond-shaped planters at the front of parking spaces proposed) (g) Sections 18.06.070.020 - Minimum drive-through lane reauirements. and 18.44.056 100 feet between ordering device and service window required; 60 feet proposed) (h) Sections 18.84.062.011 - Minimum structural and landscaAed setbacks. and 18.a4.062.014 100-foot setback with minimum 20 feet landscaoed required adjacent to freeways and scenic expressways; none to 70'/. feet proposed along the Riverside Freeway and 48 to 88 feet proposed along Santa Ana Canyon Road) 2. That waivers (a), (b), {c), (d), (~, (g) and (h) are hereby granted on the basis that there are special circumstances appiicable to the property consisting of its size, shape, location and surroundings, which do not apply to other identically zoned properties in the vicinity; 3. That strict appiication of the Zoning Code deprives the property of privilsges enjoyed b;~ other properties in identical zoning classification in the vicinity; 4. That the parking waiver (e), under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; 5. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; 6. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of this Code); 7. That the parking waiver, under the conditions imposed, will not increase tra~c congestion within the off-street parking areas or lots provided for such use; 8. That the parking waiver, under the conditions fmposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use; 9. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code; 10. That the proposed use will not adversely affect the adjoining land uses arid the growth and development of the area in which it (s proposed to be located; 11. 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 detrimenlal to the pa~ticular area nor to the peace, health, safety, and general welfare; 12. 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 (n the area; -3- PC98-43 13. That granting of this conditionai use permit, under the conditions imposed, will not be detrimental to tlie peace, health, safety and c~eneral weifare of the citizens of the City of Anaheim; 14. That this 24.5-acre development proposal was inadvertently advertised as 33.63 acres; and 15. That 8 people spoke in opposition at the public hearing; and that correspondence was received in opposition to the proposal. CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a 243,180 sq. ft. commercial center (including installation of automotive electronics in conjunction with an electronics store) with building heights exceeding 35 feet, roof-mounted equipment, a 4,685 sq. ft. fast food restaurant with a drive- through lane, and a 171,674 sq. ft. self-storage facility, and waivers on a 24.5-acre parcel located at the northeast corner of Via Cortez and Santa Ana Canyon Road, having frontages of 964 feet on the east side of Via Cortez, 815 feet on the north side of Santa Ana Canyon Road, 950 feet on the west side of Solomon Drive and 1,500 feet on the south side of the Riverside Freeway; and does hereby approve the Negative ~eclaration upon finding that the declaration reflects the independent judgement of the lead agency and that it has considered the Negative Declaration 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 substantial evidence that the project will have a significant effect on t~;e environmen!. 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 generai welfare of the Citizens of the City of Anaheim: 1. That this Conditional Use Permit is granted subject to adoption of a zoning ordinance in connection with Reclassffication No. 97-98-11, now pending. 2. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordan.e with approved plans on flle ~vith said Department. Such information shall be specifically shown on the plans submitted for building permits. 3. That a plan sheet for solid waste storage and collection and a pian for recycling shall be submitted to the Public Works Department, Streets and Sanitation Divis(on, for review and approval. 4. That an on-site trash truck turn-around area shall be provided in accordance with 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 sfiown on plans submitted for building permits. 5. That street lights shall be installed on the west side of Solomon Drive and the north side of Santa Ana Canyon Road, to the satisfaction of the E(ectricai Engineering Division. 6. That the property shall be served with underground utilities in accordance with the Electrical Rates, Rules And Regulati~ns (most current fees apply) and the City of Anaheim Underyround Policy. 7. That the property owner shall provide the City of Anaheim with an eighteen (18) foot by twenty five (25) foot public utility easement along each padmounted transformer and switch location (locations shall be determined by the Electrical En~ineering Division). -4- PC98-43 8. That the property owner shall install a 12KV backbone extension into the property; and that space for five (5) padmounted transformers and one (1) padmount switch shall be provided (locations shall be determined during electrical system desion by the Electrical Engineering Division). 9. That a'lot line adjustment piat' to adjust the property lines such that any new building lies completeiy within one (1) parcel shall be submitted to the Subdivision Section, Development Services Division, for approvai by the City Engineer and then recorded in the Office of the Orange County Recorder. 10. That only one (1) driveway shall be permitted on Santa Ana Canyon Road. The driveway shall fu~ction only as 'right-in' and 'right-ouY in a design satisfactory to the City Traffic and Transportation Manager. Said driveway shall be shown on plans submitted for building permits. 11. That street improvement plans shall be submitted to the Subdivision Section; and that a performance bond to guarantee construction of said improvements, in an amount approved by the City Engineer and in a form approved by the City Altorney, shall be posted with the City of Anaheim. 12. The proposed Condition No. 12 was de/eted at the Planning Commission public hearing. 13. The proposed Condition No. 13 was defeted at the Pianning Commission public hearing. 14. The proposed Condition No. 14 was deleted ai the Planning Commission public hearing. 15. T;iat sidewalks and landscaping shall be provided along the Santa Ana Canyon Road frontage from Via Cortez to Solomon Drive. 16. The proposed Condition No. 16 was deleted at the Planning Commission puGlic hearing. 17. That riding and hiking trails shail be installed on the south side of Santa Ana Canyon Road between imperial Highway and Soiomon Drive in accordance with City of Anaheim Standard Detail No. 603, as required by the City Traffic and Transportatiun Manager and the Parks and Recreation Department. 18 The proposed Condition No. 18 was de/eted at the l~lanning Commission publlc hearing. 19. That pedestrian walkways shall be provided throughout the project; and that said sidewalks shail be reviewed by the Planning Commission as a"Reports and Recommendations" item. 20. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the most current versions of Engineering Standard Plan Nos. 436, 602, 605 and 609 pertaining to parking standards and driveway locations. Subject property shail thereupon be developed and maintained in conformance with safd plans. 21. That no required parking area shall be fenc2d or othennrise enclosed for storage or other outdoor uses. 22. That a plan shall be submitted to the City Tra~c and Transpo~ation PAanager for review and approval showing that loading spaces for trucks conform with Code Section 18.06.060 "Truck Loading Requirements" 23. That prior to the issuance of a building permit for the drive-through fast food restaurant, tFio drive- through design shall be submitted to the City Traffic and Transportation Manager for review and approval. -5- PC98-43 24. That pians shall be submitted to the City Tra~c anzl Transportation Manager for review and approval showing conformance with Engineering S:~ndard No. 137 oertaining to sight distance visibiiity for signs and waillfence locations and for ~equired ten (10) foot radius curb returns for ali driveways. 25. The proposed Condition No. 25 was deleted at the Planning Commission public hearing. 26. That a detailed ii~terior rr,apping and addressing system shail be submitted to the Anaheim Police Department for review and approval. 27. That plans for any outdoor p~y telephones shall be submitted to the Zoning Division for Planning Commission review as a"Reports and Recommendation" item; provided, however, that pians for any outdoor pay telephones attached to a building and located within twelve (12) feet of a main building entrance shall be submitted to the Zoning Division for review and approval. 28. That this commercial centEr shall be limited to a maximum of hventy five (25) units, as stipuiated to by the pelitioner. 29. That the order speaker for the drive-through fast food restaurant shall be equipped with an operable volume control. Said control shall be shown on plans submitted for building permits. 30. That outdoor paging systems shall be prohibited. 31. That auto equipment shall be installed only in the area shown on Exhibit No. 12 and shall be limited to installation of stereos, compacl disc players and simitar accessories sold within the business unit that contair.s the installation area. 32. That any fast food restaurant(s) (establishments with no table service and more than ten [10] seats for patrons) and/or full service restaurants, in addition to the approved 4,685 sq. ft. fast food restaurant with a drive-through lane, shall be submitted to the Planning Commission for review and approval because of additional parking considerations. A parking study for such proposal (s) shail be submitted to the City Traffic and Transportation Manager for review and approvai prior to submittal of such restaurant(s) to the Planning Commission. 33. That all utility equipment shall be screened from view from all pubiic rights-of-way in a manner reviewed and approved by the Zoning Division. 34. That the on-site iandscaping and irrigation system s`.all be maintained in compliance with City standards. 35. That a minimum of forty (40), minimum fifteen (15) galion sized, trees shail be provided and maintained in the required setback along Santa Ana Canyon Road, and a minimum of seventy five (75) trees shall be provided and maintained in the required setback along the Riverside Freeway. Trees along Vfa Cortez and Solomon Drive shall be provided and maintained in the numbers specified on Exhibit No. 0. 36. That the landscaping shall not be unreasonably lrimmed to increase visibility to this site. 37. That a minimum of five hundred forty seven (547) trees as shown on Exhibit No. 8, plus any additional trees required herein, shall be maintained in a fiealthy condition at all times, 38. That minimum three (3) foot high bermed landscaped setbacks shall be provided and maintained along Via Cortez, Santa Ana Canyon Road, Solomon Drive and the Riverside Freeway. This requirement shail ap~iy where the landscaped setbacks are less than twenty (20) feet wide. -6- PC98-03 39. That there shall be a minimum five (5) to twenty three (23} foot wide landscaped planter along the north property line abutting the Riverside freeway. Said pianter shall be fully irrigated and pianted with minimum fifteen (15) gallon sized trees, shrubs and groundcover, and clinginy vines on the building walls facing the freeway to eliminate graffiti opportunities. Plans for said landscaped pianters shall be submitted to the Planning Commissian for review and approval as a"Reports and Recommendations" item. 40. That prior to issuance of a grading permit, a plan(s) showing gathering places and seating areas throughout the development to encourage pedestrian activity shall be submitted to the Planning Deoartment for review and approval by ihe Planning Commission as a"Reports and Recommendations" item. Said areas shall be identified on the building plans. 41. That a decorative pedestrian walkway shall be provided at or near the southeast corner of the property extending from the public right-of-way through the landscaping to an on-site sidewalk. Plans for such walkway shall be submitted to the Zoning Division for Planning Commission review as a"Reports and Recommendations" item. 42. That final plans for landscaping, lighting, outdoor seating for restaurants, signs and building elevations shall be submitted to the Zoning Division for Planning Commission review as a "Rep~rts and Recommendations" item. Specifc samples of building materials and colors shail be included. Lighting plans shal! also be submitted to the Anaheim Police Department for review. 43. That an eight (8) foot high decorative block wall shall be constructed adjacent to Solomon Drive, except where building walls will serve fo screen this commercial property from Solomon Drive. Said wall shall maintain a eighty (80) foot setback from the Santa Ana Canyon Road right-of-way and shail ba subject to the review and approval of the City Traffic and Transportation Manager. 44. That no wall signs shall exceed ten percent (10%) of the building elevation to which it is attached, as permitted by Section 18.05.091 of the Anaheim Municipal Code. 45. (a) That no display of banners or other temporary advertising and no special events, as defined in Section 18.01.200, shall be permitted for the self storage facility, with the exception that one (1) 'grand opening' event, not to exceed thirty six (36) days shall be permitted. (b) That no signage shall be permitted on the north or east building walls of the self storage facility. 46. That window signs facing Santa Ana Canyon Road and Via Cortez shall be prohibited. 47. That any plans for neon building trim shall be submitted to the Zoning Division for Planning Commission review and approval as a"Reports and Recommendations" item. 48. That any proposed sign plans shail be submitted to the Zoning Division for Planning Commission review and approval as a"Reports and Recommendations" item. 49. That signs shall not be permitted on any building awnings. 50. That the 'tower' wall signs shall be used only to identify major tenants in this commercial center; and that the letter height shali be reduced to match the scale of the towers and other proposed signs throughout the center. Criteria shall be submitted to the Zoning Division specifying the criteria to be used by the petitioner to determi~~e which tenants may utilize the tower wall signs. Plans shall be submitted to the Zaning Division for Planning Commission review and approval as a "Reports and Recommendations" item. 51. That the landscaped setback at the southwest corner of the property shall include an ea~then berm to reduce the visible height of the proposed forty two (42) inch high wall to a maximum of thirty six (36) inches. Such information shall be specifically shown on plans submitted for building permits. -7- PC98-43 52. That outdoor display and special events shall not be permitted unless a Special Events Permit has first been obtained, in compliance with Code Section 18.02.055; provided, however, that the self storage facility shall be limited to the 'grand opening' event specified in Condition No. 45, above. 53. That no banners, bailoons or other temporary advertising devices shall be permitted on i.:~e towers or any other walls visible to the Riverside Freeway. 54. That lighting of signs for subject property shall be prohibited between the hours of midnight and 6:30 a.m. as specified by Zoning Code Section 18.05.091.050, uniess a Code waiver is applied for and granted. 55. That the petitioner shall furnish the name and telephone number of a responsible management party to the Code Enforcement Division, as the contact person for responding to any Code violations or complaints regarding this commercial center. 56. That outdoor vending machines shall be prohibited. 57. That the 'open for business hours' of the self storage facility shall be limited to 7 a.m. to 7 p.m., daily. 58. That the self storage facility shall not include any outdoor storage, including no outdoor storage of vehicles, boats, motorhomes, etc. 59. That this property shall be permanently maintained in an orderly fashion by providing regular landscape and building maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 60. That any roof-mounted equipment shall be subject to the requirements of Code Section 18.84.062.032 pertaining to the "SC" Scenic Corridor Zone Overlay. Such information shall be specifically shown on the plans submitted for building permits. All such equipment shall also be painted to match the raof on which it is installed. 61. That prior to each tenant commencing business operations, individual valid business license shall be obtained from the Business License Division of the Finance Gepartment. 62. That an unsubordinated restricted covenant providing reciprocal access and parking, approved by ihe 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. The covenant shall include provisions to guarantee that the entire complex shal( be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, maintenance, land use and architectural control, and that the covenant shall be referenced in all deeds transferring ail or any part of the interest in the property. A copy of the recorded covenant shall be submitted to the Zoning Division. 63. That licensed uniformed security guard(s), when required and as approved by the Anaheim Police Department, shall be provided on tho premises for the proposed fast food restaurant specifically to provide security and to discourage vandalism, trespassing and/or loitering upon or adjacent to the subject property. Said security guard(s) shall remain on-duty as determined to be appropriate by the Anaheim Police Department. 64. That the existing tract sign on Santa Ana Canyon Road, east of Via Cortez, shall be removed. 65. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which pians are on file with the Planning Department marked Exhibit Nos. 1 through 12, and as conditioned herein. -8- PC98-43 6Fi. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Cor:dition Nos. 1, 2, 3, 4, 7, 8, 9, 10, 11, 19, ?.0, 22, 24, 26, 29, 39, 41, 42, 43, 51, 60, 62 and 64, above-mentioned, shall be complied with. Extensions for further time to comp(ete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 67. That prior to final building and zoning inspections, Condition Nos. 5, 6, 15, 17, 33, 35, 37, 38, 55, and 65, above-mentioned, shall be complied with. 68. That the self-storage facility building permits shall have been issued and construction of the self- storage facility shall have commenced prior to issuance of any building permits for the balanr,e of the property. 69. That the fast food restaurant shail be limited to the following business hours: Weekdays: 6 a.m. to 12 a.m. Weekends: 6 a.m. to 1 a.m. Said hours shall also apply to lighting of the signs on the fast-food rest2urant. 70. That the developer shall be responsible for compliance with all mitigafion measures within the assigned time frames and any direct costs associated with Mitigation Monitoring Program Na. 1Q3, as established by the City of Anaheim and as required by Se~tion 21051.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 71. That approval of this application constitutes approval of fhe proposed request only to the extent that it compiies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federai 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 applicant's compli?rce with each ard all of the conditions hereinabove set forth. Should any such condition, or any p~; i thereof, be declared invalid or unenforceable by the final judgment of any court of competent Juris~!iction, 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 March 30, 1998. ,' Y"~'-c..L-C c_~ ~~/". y7-i ,. CH~IRMAN ANAHEIM CITY PLANNING COMMISSION ATTEST: ~Uw~ SECRETARY, A EIWI CITY PLANNING COMMISSION -9- F~C98-03 STATE OF ~ALIFORNIA ) COUNTY OF Of2ANGE ) 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 March 30, 1998, by the foilowing vote of the members thereof: AYES: COMMISSIONERu: BOS'TWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANCY: ONE SEAT VACANT IN WITlJESS WHEREOF, i have hereunto set my hand this ,~_ day of `~~Y1~XJ , 1998. (G~-~ ~O~cGo-~ SECR TARY, AHEIM CI'fY PLANNING COMMISSION -~ 0- PC98-43