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Resolution-PC 99-69t2ESOLUTIOtJ NO. PC99-69 A RESOLUTION OF THE ANAHEIM CITY PL..'~NNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMI7 NO. 4096 BE GRANTED IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County ~f Orange, State of California, described as: THAT PORTION OF THE RANCHO CANON DE SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF TRACT NO. 9169, AS SHOWN ON A MAP i2ECORDED IN BOOK 381, PAGES 24 AND 25 OF MISCELLAPJEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID P~INT BFING DISTANT SOUTH S° 33' 37" EAST, 989.06 ~EET ALONG SAID EASTERLY LINE FROM THE MOST NORTNERLY CORNER OF SAID TRACT, SAID POINT BEING ON A NON-TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 1055.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 7° 31' 28" EAST, SAID POINT ALSO BEING HEREINAFTER REFERRED TO AS "POINT A"' THENCE WESTERLY 344.41 FEET ALONG SAID CURVE TNROUGH A CENTRAL ANGLE OF 18° 42' 17"; THENCE TANGENT TO SAID CURVE NORTH 78° 49' 11" WEST, 214.13 FEET; i HENCE NOR ~ H 42° 21' 27" WEST, 21.06 FEET TO A POINT ON A NON-TANGENT CURVE , CONCAVE WESTERLY AND HAVING A RADIUS OF 278.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 83° 50' 05" EAST; THENCE NORTHERLY 96.53 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 53' 42"; THENCE PIORTH 27° 39' 16" EAST, 23.94 FEET TO A LINE WHICH IS PARALLEL WITH AND 45.00 FEET SOUTHERLY FROM THE CENTER LINE OF LA PALMA AVENUE AS DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED DECEMBER 14, 1972 fN BOOK 10469, PAGE 876 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 72° 31' 57" EAST, 186.63 FEET ALONG SAID PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY ANt~ HAVING A RADIUS OF 67.00 FEET; THENCE NORTHEASTERLY 82.83 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 70° 49' 51" TO SAID CENTER LINE OF LA PALMA AVENUE; THENCE EASTERLY ALONG SAID CENTER LINE THE FOLLOWING COUftSES: NORTH 72° 31' S7" EAST, 281.88 FEET AND EASTERLY 31.31 FEET ALOIJG A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1200.00 FEET AND A CENTRAL ANGLE OF 1° 29' 41" TO SAID EASTERLY LlNE OF TRACT NO. 9169; THENCE SOUTH 5° 33' 37" EAST, 399.26 FEET ALONG THE SOUTHERLY PROLONGATfON OF SAID EASTERLY LINE TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF A LINE WHICH IS PARALLEL WITH AND 145.00 FEET SOUTHERLY FROM SAID CENTER LINE OF LA PALMA AVENUE. AND THAT PORTION OF THE RANCHO CANON DE SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF TRACT NO. 9169, AS SHOWN ON A MAF RECORDED IN B00{<381, PAGES 24 AND 25 OF MISCELLANEOUS ~tAPS„ IN THE OFFICE OF THE COUNTY rZECORDER OF SAID COUNTY, SAID POINT BEING DIS7ANT SOUTH 5° 33' 37" EAST, 989.06 FEET ALONG SAID EASTERLY LINE FROM THE MOST NORTHERLY CORNE~ OF SAID CR3615PK.D0~ -?- PC99-69 TRACT, SAID POINT BEING ON A NON-TANGEPIT CURVE, CONCAVE NORTHERIY AND HAVING A RADIi1S OF 1055.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 7° 31'28" ~AST, SAID POINT ALSO BEING HEREINAFTER REFERRED TO AS "POINT A"; THENCE WESTERLY 344.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°42'17";THENCE TANGENT TO SAID CURVE NORTH 78°49'11" WEST, 214.13 FEET; TFiENCE NORTH 42°21'27" WES7, 21.06 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 278.00 FEE'f, A RADIAL LINE OF SAID CURVE TO SAID PO(NT BEARS SOUTH 83°50'OS" EAST; THENCE ~IORTHERLY 96.53 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 53' 42"; TNENCE NORTH 27° 39' 16" EAST, 23.94 FEET TO A LINE WNICH IS PARALLEL WITH AND 45.00 FEET SOUTHERLY FROM THE CE~4TER LINE OF LA PALMA AVENUE AS DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDEQ DECEMBER 1~i, 1972 IN BOOK 10469, PAGE 876 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NOR7H 72° 31' S7" EAST, 186.63 FEET ALONG SAID PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 67.00 FEET; THENCE NORTHEASTERLY 82.83 PEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE UF 70° 49' S1" TO SAID CENTER LINE OF LA PALMA AVENUE; THENCE EASTERLY ALONG SAID CENTER LINE THE FOLLOWING COURSES: NORTH 72° 31' 57" EAST, 281.88 FEET AND E~STERLY 31.31 FEET ALONG A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1200.00 FEET AND A CENTRAL ANGLE OF 1° 29' 41" TO SAID EASTERLY LINE OF TRACT NO. 9169; THENCE SOUTH 5° 33' 37" EAST, 399.28 FEE'f ALUNG THE SOU i HERLY PROLONGATION OF SAID EASTERLY LINE TO THE POINT OF BEGINNING. EXCEP I THAT PORTION THEREOF LYING SOUTHERLY OF A LINE WHICH IS PARALLEL WITH AND 145.00 FEET SOUTHERLY FROM SAID CENTER LINE OF LA PALMA AVENUE. CITY OF ANAHEIM, A MUNICIPAL CORFORATION, (ACQUIRED BY FINAL ORDER OF CONDEMNATION ENTERED IN CASE NO. 127381, SUPERIOR COURT OF ORANG~ COUNTY, A CERTIFIED COPY OF WHICH WAS RECORDED OCTOBER 26, 1967 AS INSTRUMENT NO. 18791 IN BOOK 8417, FAGE 110 OF OFFICIAL RECORDS) AND COUNTY OF ORANGE, BY DEED RECORDED DECEMBER 14, 1972 IN BOOK 10469, PAGE 876 OF OFFICIAL RECORDS. AND THOSE PORTIONS OF THIRD CLASS LANDS ALLOTI'ED TO JESUS WILSON DE SHORB AND R.G. DE LA RIVA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCNO CANNON DE SANTA AtJA, A CEEiTlFIED COPY OF WHICH WAS RECORDE!? FcBRUARY 8, 1874 IN BO~JK 28, PAGE 158 O~ DEEDS, RECORDS OF LOS ANGELES COUi~JTY, CALIFORNIA, BQUNDED AS FOLLOWS: WE3TERLY BY THE EASTERLY LINE OF TRACT NO. 9169, AS SHOWN ON A MAP RECORDED IN BOOK 381, PAGES 24 AND 25 OF MISCELLANEOUS MAPS, RECORDS QF ORANG~ COUNTY, CALIFORNIA, AND THE SOUTHERLY PROLONGATION THEREOF, NORTHERLY BY THE SOUTHERLY LINE OF THE LAND CONVEYED TO THE RIVERSIDE, SANTA ANA LOS ANGELES RAlLWAY COMPANY BY DEED RECORDED JULY 9, 1886 IN BOOK 164, PAGE 611 OF DEEDS, RECORDS OF SAID LOS ANGELES COUNTY, CR3615PK.DOC -2- PC99-69 NORTHEASTERLY BY THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 1 IN THE CORPORATION EASEMENT DEED RECORDED NOJEMBER 10, 1980 IN BOOK 13828, PAGE 115 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, AND NORTHEASTERLY, EASTERLY AND SOUTHERLY BY THE SOUTHV+/ESTERLY, WESTERLY AND NORTHERLY LINE OF THE LAND DESCRIBED IN PARCEL 11 ~.01 OF THE EASEMENT DEED RECORDED JUNE 28, 1982 AS INSTRUMENT NO. 82-221347 OF SAID OFFICIAL RECORDS. EXCEPTING THEREFROM, ANY PORTION THEREOF GRANTED TO THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY BY DEED RECORDED JULY 9, 1879 IN BOOK 68, PAGE 569 OF DEEDS, RECORDS OF SAID LOS ANGELES COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 26, 1999 at 1:30 p.m., notice of said public hearing having been du!y given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditioral use permit and to investigate and make findings and recommendations in connection therewith; and that said hearing was continued from the meetings of MarcS 1 and April 12, 1999; 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: 1. That the proposed use is properly onE for which a conditional use permit is authorized by Anaheim Municip~l Code Sections 18.41.050.135, 18.41.050.183, 18.84.062.031 and 18.84.062.032 to permit a planned commzrcial office/light industrial center with roof-mounted eguipment, with a semi-enclosed restaurant having sale of alcoholic beverages for on-premises consumption, with building heights exceeding 35 feet (up to 43 feet, a inches proposed}, and with waivers of the foilowing: (a) Sections 18.04.060.050 - Minimum oarkina lot landscaoinq. 18.06.030.040 (Landscaped separation required between everv 10 or and 18.41.066.030 fewer oarkinq spaces in a row; landscaping separating more than 10 spaces in a row proposed) (b) Sections 18.05.091.011 - Permitted_yt oe of commercial indentification siqn. and 18.41.067 (c) Sections 18.05.Q91.014 - Maximum area of commercial identification sian. And 18.41.067 (d) Section 18.41.061.040 - Minimum area oer lot. (20.000 sa.ft. per lot required; 16.552 to 19,602 sa.ft. for Lot Nos. 3, 6, 8 and 10 proposed) (e) Section 18.41.062.011 - Maximum structural height adiacent to a single-familv residential zone. 2. That the waivers (a), minimum parking lot landscaping, is hereby approved on the basis that there are special circumstances appiicable to this property consisting of its irregular shape and topography, which prevents the parking lot design from complying with Code requirements for providing landscaped breaks for every 10 spaces in a row; and that the approved plans show tree wells and enlarged landscaped planter areas located at the ends of the aisles in order to compensate for the fewer landscaped areas separating parking spaces. CR3615PK.DOC -3- PC99-69 3. That the waivers (b), (c) and (d), pertaining to permitted type of commercial identification sign, maximum area of commercial identification sign and maximum structural heiglit adjacent to a single-family residential zone boundary, are hereby denied because revised plans eliminating said waivers were submitted following pub~ic notification. 4. That waiver (d), minimum area per lot, is hereby approved on the basis that there are special circumstances applicabie to this property cansisting of its irregular shape and topography, which affects the tentative parcel map and the creation of minimum 20,000 sq.ft. parcels for Lot Nos. 3, 6, 8 and 10; and that although individual parcels may be sold, this office/iight industrial complex will be managed as one integrated facility, with CC&R's governing the maintenance, design„ landscaping, signage and other common aspects of the complex; and that an association, consisting of the property owners, will be responsible for the management of this property. 5. That this conditional use permit is hereby approved, in part, to permit a planned commercial office/light industrial center with a semi-enclosed restaurant and building heights in excess of 35 feet, but denying the proposed sale of alcoholic beverages for on-premises consumption in the semi- enclosed restaurant and denying the roof-mounted equipment as shown on the submitted plans. 6. That the proposed roof-mounted equipment is denied on the basis that the equipment cannot be completely screened from Weir Canyon Road. 7. That the proposed office/light industrial complex will not adversely affect the adjoining single-family residences and the growth and development of the area because the project, as approved, generally conforms with the development standards of the CO(SC) Zone with the exception of two minor Code waivers. 8. That the size and shape of this large (16+ acre) site is adequate to allow full development of this office/light industrial complex in a manner not detrimentai to the particular area nor to the peace, heaith, safety, and general welfare based on the design, number of parking spaces in compliance with Code and landscaping to buffer adjacent and nearby residences from the activities of the businESSes operating within this complex. 9. That the traffic generated by this office/light industrial complex wili not impose an undue burden upon the streets and highways designed and improved to carry the traffic in tha area because of the mitigation measures and conditions of approval, including installation of a traffic signal at the main entrance into this complex which will allow for the free flow of traffic on La Palma Avenue and througY~ the Weir Canyon RoadlLa Palma Avenue intersection. 10. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 11. That three people indicated their presence at the public hearing in opposition to the proposal; and that correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a planned commercial office/light industrial center with a semi-enclosed restaurant with sale of alcoholic beverages for on-premises consumption, with roof-mounted equipment, with building heights in excess of 35 feet, and with waivers of minimum parking lot landscaping, permitted type of commerciai identification sign, maximum area of commercial identification signs, minimum area per lot, and maximum structurai height adjacent to a single-family residential zone on a irregularly-shaped 16.3-acre property located at the northwest corner of La Palma Avenue and Weir Canyon Road, having frontages oF 1,643 feet on the north side of La Palma Avenue and 810 feet on the west side of Weir Canyon Road {8200 East La Palma Avenue); and does hereby approve the Mitigated Negative Declaration upon finding that the declaration re0ects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any CR3615PK.DOC -4- PC99-69 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 the environment. NOW, THEREFORE, BE 17 RESOLVED that the Anaheim City Planning Commission does hereby grant subject Potition for Conditional Use Permit, in part, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That no driveways shall be permitted on Jenifer Drive. 2. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic on the adjacent pubiic street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. 3. That plans shall be submitted to the City Tra~c and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway Iocations. Subject property shall thereupon be deveioped and main!ained in conformance with said plans. 4. That the driveways on La Palma Avenue shali be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. 5. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 6. That the legal property owner shall provide an easement to the City of Anaheim consisting of approximately eighty (80) sq.ft. within the landscaped setback area along La Palma Avenue for installation of the traffic signal contraller cabinet. The plans for this area, inciuding landscaping to screen the cabinet, shail be submitted to the City Tra~c and Transportation Manager and Zoning Division for review and approval. 7. That the cost of tra~c signal maintenance, including preventive or extraordinary maintenance, unrecoverable damages, and electrical costs shall be paid by the property owneddeveloper. The City of Anaheim will bill for these costs on a regular basis. 8. That no parking shall be permitted along the street frontages of this property. The applicant shall install "no parking any time signs" aiong Weir Canyon Road (Yorba Linda 8oulevard), La Palma Avenue and Jenifer Drive. 9. That the developer shall submit a pedestrian circuiatio~ plan within this project to the Traffic and Transportation Manager for review and approval. 10. That the property owneddeveloper shall install water back flow equipment above ground and outside the street setback area in such a manner as to fully screen said equipment from all public streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans approved by Water Engineering and the Cross Connection Inspector. 11. That !he developedowner shall provide a detailed water usage analysis and building plans for Water Engineering Division review and approvai to deterrnine the adequacy of the existing water system to meet the projecPs water requirements. Any system improvements shall comply with Rule No. 15A.6 of the Water lJtility', Rules, Rates and Regulations. CR3615PK.DOC -5- PC99-69 12. That the developedowner shall submit a set of improvement plans to the Water tngineering Division for review and approvai to determine the conditions necessary for providing water service to the project. 13. That since this project has landscaping area exceeding two thousand five hundred (2,500) sq.ft., a separate irrigation meter shall be instailed in compliance with Chapter 10.19 of the Anaheim Municipai Code and Ordinance No. 5349. 14. That trash storage areas shall be provided and maintained in Iocation(s) 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 located away from residences and shall be designed and screened so as not to be readily identifiable from the adjacent residences, streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximurn three (3) foot centers and/or tall shrubbery. Each lot shall be required tn have one (1) double trash enciosure. Said information shall be specifically shown on the plans submitted for building permits. 15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 16. That an on-site trash truck turn-around area shail be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-araund area shall be specifically shown on plans submitted for building permits. 17. That the developer shall submit a final lighting plan, specifying the the location and iilumination of exterior light fixtures to the Zoning Division of the Planning Department for Planning Commission review as a"Reports and Recommendations" item. Said lighting fixtures shall be down lighted with a maximum height of twelve (12) feet; provided, however, khat the maximum height of any fixtures, including lighting fixtures on buildings, adjacent to the west and northwest property Iines where the subject property abuts residential zoning shall not exceed ten (10) feet. All lighting shall be directed away from adjacent residential property lines to protect the residential integrity of the area ard said limitation shall be specified on the plans submitted for building permits. 18. That the developer/owner shall instail street lights along khe La Palma Avenue and Weir Canyon Road (Yorba Linda Boulevard) street frontages; and that security in the form of a bond, certiflcate of deposit, letter of credit, or cash, in an amount and form satisfactor,~ to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to issuance of a building permit, to guarantee installation of the above-required improvements prior to occupancy of the first building. 19. That prior to occupancy of each buiiding, the legal owner of the subject property shall provide the Electrical Engineering Division of the Public Works Department with a public utilities easement along/across the parcels as determined when the design is completed. 2Q. That all air conditioning facilities and other ground-mounted equipment shall be properly shielded from view and the sound buffered from adjace~it residential properties. Such information shall be specificaliy shown on the plans submitted for building permits. 21. That the owner of subject property shalf be responsible for the removal of any on-site gra~ti within twenty four (24) hours of its application. 22. 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. CR3615PK.DOC -6- PC99-69 23. That three (3) foot high street address numbers shall be displayed o,, the roof in a contrasting coior to the roof materiai. The numbers shall not be visible to 1he street or adjacent properties. 24. That the petitioner shall be responsible for compliance with all mitigation measures included in the attached Mitigation Monitoring Plan No. 107 as estabiished by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code within the assigned time frames and any direct cost a~sociated ~vith their implementation, including the two mitigation measures added to the Traf(i~ Section of Mitigation Monitoring Program No. 107 at the Planning Commission public hearing: That the design and installation of the proposed traffic signai shall include provisions for westbound traffic to make a U-turn at this intersection and that the westerly driveway shail be designed for ingress only. 25. That lighting of any signage for subject property shali be prohibited between the hours of midnight and 6:30 a.m. and as specified by Zoning Code Section 18.05.091.052, unle~s a variance is applied for and granted. 26. That signage for subject facility shal! be limited to that which is shown on the exhibits submitted by the petitioner 2nd approved by the Planning Commission, including a maximum of two (2) commercia! identification signs. Any additional signage shall be subject to approval by the Planning Commission as a"Reports and Recommendations" item. 27. That no outdoor storage or display shall be permitted on the subject property. 28. That prior to installation of any roof-mounted equipment on Building Nos. 3 and 4, ths south portion only of Building No. 5, and Building Nos. 6, 7, 8, 9, 10, 11, 12, 13 and 17 (roof-mounted equipment shall not be permitted on any of the other buildings), the developer shall demonstrate to Zoning Division staff, by the use of actual sized props or mock-ups placed on the buildings, that no roof-mounted equipment will be visibie to adjacent rights-of-way or residences. If staff determines that any roof-mounted equipment will be visible to the adjacent rights-of-way and/or residencc:s, such e.y~~,prnent shall be ground-mounted and screened from view. Plans submitted for building perrriits shall specify the ;ocations for both roof-mounted and ground-mounted equipment for these buildings until the actual location of the equipm~nt is ~etermined prior to final building and zoning inspections. 29. i hat the proposed industrial uses shall be limited to the foilowinq flsted uaes and further subject to the individual business approval of the Planning Commission as a Reports and Recomrr~endations agenda item. That an unsubordinated covenant, reviewed and approved by the City Attorney's Office so limiting said uses, shall be recorded in the Office of the Orange Counry Recorder, a copy of which shall be submitted to the Zoning Division: (1) Laboratories, experimental andlor rosearch, (2) Pharmaceuticals, (3) Publishing books, periodical newspapers, (4) Scientific equipment assembly, (5) Communication equipment, components and/or supplies, (6) Drafting instruments and/or goods, (7) Electricai or electronic equipment, components and/or products, (8) Research, deveiopment and t~sting laboratories and/or facililies, (9) Scientific, optical, medical, dental or photographic equipment, components and/or products, (10) Sound equipment, componenls and/or supplies, (~ 1) Similar uses specifically approved by the City, and (12) Any use permitted under Zoning Code Section 10.41.020 "Permitted Primary Uses and structures," and subject to ali conditions af said Se!:tion. CR3615PK.DOC -7- PC99-69 Each individual use shali require the written approvai of the 2onfng Division prior to occupancy which approval shail only be given when it is demonstrated that such use is Either an expressly permitted use in the underlying zone or meets the criteria of Section ~ 8.41.050.135, as modified in the above list, of the Anaheim Municipal Code. Any such decision of the Zoning Division may be appealed to the Planning Commission as a"Reports and Recommendations" item. 30. That this Conditionai Use Permit is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 98-99-10, now pending. 31. That the restaurant operator shail submit final pians and a specific letter of operation for Planning Commission review and approval during a noticed public hearing prior to any sales of aicoholic beverages within the restaurant facility. The restaurant pad shall be limited to a table-service type facility (no fast-food or drive-through services permitted) and shall have a minimum five thousand (5,000) sq.ft. of floor area not including any outdoor dining area. 32. That the legal property owner shall (rrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an easement twenty (20) feet in width for water service mains and/or an easemer~t for large meters or fire lines. 33. That w~ter improvement pians shall be submitted to the Water Engineering Division for revie~v sr~u approval, and a performance bond in the amount approved by the City Engineer and form approved by the City Attorney shali be posted wilh the City of Anaheim to guarantee installation of said improvements. 34. That the developedproperty owner shall relocate lhe existing lweive inch (12") water main if the cover depth exceeds thirty six inches (36") and shall provide a twenty (20) foot easement for this main. 35. That the locations for future above-ground utiliry devices including, but not limited to, electrical transformers, water back flow devices, gas, communications and cable devices, etc., shall be shown an F!~rs suumitted for buildin~ permits. Such plans shall also identify lhe specific ~creening treatment 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 appropri2te City depar~^~ent(s). 36. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural de~~ices and/or appropriate building r~ateriais; and that such information shall be specifically shov:n on the plans submitted for building permits. No roll-up doors shall face the public rights-of-way;, or the single-family residential neighborhood. 37. That a final landscape plan for the entire site shall be submitted to the Zoning Division of the Pianning Department speci(ying type, size (minimum twenty four (24) inch box trees) and location of proposed landscapiny and irrigation for review and approval by~ the Planninc~ Commission as a "Reports and Recommendations" item. Plans sha~l specify minimum one (1) gallon sized vines planted on maximum three (3) foot centers adjacent to all masonry walls and ground-mounted equipment screening throughout the deve;upment. Plans shall further specify a six (6) foot high wrought iron fence centered in lhe landscaped setback for the lenglh of, and adjacent to, Jenifer Drive. Onca approved, the iandsr.~ ping shall be installed fn accordance with the pfan and professionally maintained. 38. That the developer shall be sesponsible for all median repair in the La Palma Avenue right-of-way (both h~ardscape and !~.^,ciscape). 39. Thei the o~:ce/light industiE?1 complex hcurs of operations shall be limited to 6 a.m. to 10 p.m. daily, with no cutdoor maintenanco or other noise-generating operations or activities permitted after 8 p.m. CR3615F'K.DOC -8- PC99-69 40. That the developer shali submit copies of the precise grading plans to the Zoning Division specifying the finished pad elevations for each building. Any increase over eighteen (18) inches in pad elevations for proposed Building Nos. 1, 2, 5, 7, 15, 16 and 18, as shown on Exhibit No. 38 and the following table, shall require Pianning Commission review and approval as a pubiic hearing item: Building No. 1: 336.5 ft. pad elevation Building No. 2: 341.1 ft. pad elevation Building No. 5 338.5 ft. pad elevation Buiiding No. 7 340.4 ft. pad elevation Building No. 15 345.8 ft. pad elevation Building No. 16 346.0 ft. pad elevation Building No. 18 349.5 ft. pad elevation 41. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on fils with the Planning Department marked Revision No. 1 of Exhibit Nos. 1, 2, 14, 15, 16, 17, 18, 28, 29, 30, 31, 31, 32, 34 and 35; Exhibit Nos. 3 through 13; Exhibit Nos. 19 through 27; and Exhibit Nos. 36 through 40: and as conditioned herein. 42. That prior to issuance of a building permit or within a period of one (1) year from the date of this resoiution, whichever occurs first, Condition Nos. 2, 3, 6, 9, 10, 11, 12, 14, 15, 16, 17, 18, 20, 29, 30, 32, 33, 34, 35, 36, 37 and 40, above-mentioned, shall be complied with. Extensions for further time to complete safd conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 43. Prior to building and zoning inspections, Condition Nos. 4, 8, 13, 19, 23, 24 and 41, ~~~jve- mentioned, shall be completed. 44. That approvai of this application constitutes -approual a?f ths propo~! re~t!~~@st only :to t~rye exteCAt that it complies with the Anaheim Municipa»i~Tonir v~~ Co£iie aa~d ~y mthe~~ ap~,~leable ~city!. 5tat~ afid Federal regulations. Approval does not includ~ any.a~tilon ~r Fi~'din~~ ~a to c6~fiptianLe w~ approval of lhe request regarding any other ~1j~lieabie ordinanct,;,'regulafi6q ~r requirerm,ent. BE IT FURTHER RESOLVED that the An~heirts Ci'ly P}I~h~ng Cor*!m,'~~~foC~ da~es hereby find and determine that adoption of this Resolutlun is~axpressly predicated~r,~£~!?~,' ~ipn~~cd„ ,Ii~nGe with each and all of lhe conditions hereinabove sot fo; ih. ~hould an SUCh~:;;.ndiG~,,,, Oraf1 . ~~~ Y y+ ~art tku~eremr, be declared (nvalid or unenforceable by the final judgr,ie~,~'~' of any cour~of eoRiYs,~ate.r,5~~yuri3t~r~;lfar~., th~t~ ~h(s Resoiution, and any approvals herein contained, shrall tse dei~med null and voVd. THE FOREGOING RESOLUTION`vvl s adoptcd `al ttl1~ ?~Ming ~omf~ili"ssJon !*"~eting of April 26, 1999. `. ; i`i ~ ~, CHAIRPERS ', A EIM CITY PLANNING COMMI5SION ATTEST: . ~~~0~' SECRETARY, A HEIM CITY PLANNING COMMISSION CR3615PK.DOC -9- PC99-69 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Maheim 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 April 26, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES NOES: COMMISSIJNERS: NONE ABSENT: COMMISSIONERS: SOSIWICK, VACANT SEAT /f~ ID! WITNESS WHEREOF, 1 have herei.~nto set my hand this _.S~` day of .-l_I[l ~` . 1999. /~(~19~t~ 0~6~1'~-~ SECRETARY, AHEIM CITY PLANNING CdMMISSION CR3615PK.DOC -10- PC99-69