Resolution-PC 99-94RESOLUTION NO. PC99-94
A NUNC PRO 1UNC R~SOLUTION OF THE ANAF~IM CITY PL?.NNING CONavIISSION
AMENDING RESOLUTlON NO. PC99-80 GRANTED IN CON)UNGTIQN WITH
W.4NER OF CODE REQUIREMENT AND CONDITIONAL USE PERMIT NO. 4078
WFIEREAS, tb~ Anaheim City Planning Cummission granted waiver of Code Requirement und Condidonal Use
Peanit No. 4078 by Resolution No. PC99-80 on May 19, 1999, to entide the ases, maximum grass squarc footage and
conceptual site plans and elevations associated with the Pointe*Anaheim projech, and
WHEREAS, through inadvertence and clerical error, the legal description, idenNfied as Attachment A to
Resolurion No. PC99-80, omitted Parcel2 of the Pyrovest Parcels and should be amended to include the following:
Parcel2:
BGGINNING AT A POINT SOUTH 0° 13' 22" EAST 15.03 FEET FROM THE NORTHWEST CORNER
OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LIN~ OF
HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 0° 13' 22" EAST ALONG SAID
EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30" EAST PARALLEL TO THE
NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 11134 FEET; THENCE NORTH 0° 13' 22"
WEST, PARALLEL TO THF. EASTERLY LINE OF HARBOR BOULEYARD 30.75 FEET; THENCE
NORTH 89° 54' 38" EAST 38.66 FEET; THENCE NORTH 0° 13' 22" 1'VEST 84.36 FEET TO A POINf
ON THE SOUTHERLY LINE OF FREEDMAN WAY, G0.00 FEET WIDE; THENCE ALONG THE
SOUTH LINE OF SAID FREEDMAN WAY, SOUTH $9° 54' 30" WEST 134.97 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOL'THEASTERLY AND HAVING A RADNS OF I5.00 FEET;
THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE TEiROUGH A CENTRAL ANGLE OF
90° 07' S2" A LENGTH OP 23.60 FLET TO THE TRUE F'OINT OF BEGINNING OF THIS
DESCRIPTION.
WHEREAS, thc last paragraph of thc legol descripdon should be amended to delete a clerical eaor, and should
rcad as follows:
EXCEPTING THEREFROM, THAT PORTION OF SA1D PROPERTY LYING SO[J1'HERLY OF THE
NORTHERLY LINE OF THAT CERTAIN FINAL ORL~R OF CONDEMNATION DATED dANUARY
30, 1998, CASE NO. 782833 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, A
CERTIFIED COPY OF WHIC?i WAS RECORDED FEBRUARY 9, 1998 AS INSTRUMENT t70.
19980071981 OF OFFICIAL RECORllS.
WIiEREAS, tluough inadvertencc und clerical ecror, the fust Noise midgation measurc on Page 9 and the last
mcasure on Page I 1 of Mitigation Monitoring Plan No. 004, identified as Attachment B to said Resolution, contain a reference
to "family entertainment center' which should be deleted und the measures corrected to read as follo;;s:
(Page 9)
"The dcsign nnd oricntation of any use, such as those which could involve amplified live music and open-air
festival cvents, sha!l be reviewed by u certified acoustical engineer. The property owneddeveloper shall
submit a report, for review and npproval by thc City, to ensure that noise from areas which involve livc
amplified music and/or open-air festival events, do not exceed thc noise levels established by the City of
Anaheim Sound Pressure Level Urdinance."
(Page 11)
"The property owner/developer shall arovide for the following: cleaning of all pavtd areas not maintained by
the City of Anaheim including, but nvt limited to, private streets und parking lots on not less than a monthly
basis. Using water to elean stre~ts, parking lots, and other areas shall be allowed on a periodic basis if allowed
in the npplicant's NPDES pem-it. Nightly washdown shall be allowed where advisable to mainta:n safe and
cr3G50ch.doc 1 pC99-94
sanitary working condirions, if allowed in the properry owneddeveloper's and City's'~IpDES permit. Flushing
debris, residue, and sediment down the storm drains shau conform to the property owneddeveloper's NPDES
requuemeius. Property owncr/developer agrees that materiai deposited in City storm drains shall not be in
violation of the City's NPDES permit"
VI~FIEREAS, t}uough :nadvertence and clerical eaor, Condition Nos. 67 and E8 of Attaclu-nent B,
Conditions of Agproval, to Resoludon No. PC99-80, should Ue corrected to read as follo~~~s:
"67. That th:° suUject property shall be developed in conformiry with plans and spe~ific:~tions submitted to
the Ciry of Anaheim by the petiNoner and whicti plans aze on file with the Planning Deparhnent
marked Exhibit Nos. 1 through 9, as revised by the Planning Commission, and Exhibit Nos. 6 and 7.
Further, the petirioner has sHpulated that the Pointe*Anaheim project will be developed in accordance
wi@.y the qualiry, design and architectural integrity shown on the illustrative Exhibits Nos. 8 through
14, as submitted by the developer at the May 19, 1999, Planning C~mmi~sion meeting.
G8. That within a period of one (1) year from the date of this resolution, Condition No. 54, above-
mentioned, shall Ue complied with, a Final Site Plan shall have been approved shovring development
plans for the entire 29.1-acre project site, the fust building pernut shall have been issued and
construcHon shall have commenced on the Pointe*Anaheim project. Extensions for furt.~.er time to
complete said conditions may be granted in accordance with Section 18.030.090 of the Anaheim
Municipal Code."
NOW, THEREFORE, BE TT RESOLVED that the Anaheim Ciry Planning Commission does hereby amend
Resoluti~n No. PC99-80, nunc pro tune, to correct the ]egal d:scriprion, idenrified as Attachment A to said resolution, by
adding F,.rcc12 and deleting a cl~rical eaor; and to correct Cundition Nos. 67 and 68 of the Conditions of Approval and to
correct mitigation measures contained on pages 9 and 11 of Midgation PQoni4oring Plan No. 004, identified as Attachment B of
said resolution.
THE FOREGOING RESOLVfION was adopted at the Planning Commission meeting of June 7, 1999.
~i~C x-~~ ..L~ • X.~~-:~
Hr~IftP RSON PRO T'EMPO
ANAHEIM CITY PLANNING COMNIISSION
ATI'EST:
.~,a ~ ~
SECRETARY, AN~~I=1L:!::. CITY PLANNING COb!T4ISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. FIarris, Secretary of the Nrs:~.eim City Planriing Commission, 3o hereby certify that the foreguing
resolution was passed and adopted at a meeting of flia Anaheim City Planning Commission held on hme 7, 1999, by the
following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSE:~1T: COMIv1ISSI0NERS: 131tISTOL, ESPING
IN WITNESS WIiEREOF, I have hereunto set m h~d this /~{~,day of _ , 1999.
SECRETARY, ANAHEIM CITY PLAI~INING COMr~IISSION