99-129RESOLUTION N0. 99R-129
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 4096.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a planned commercial office/light industrial center with
roof-mounted equipment, with a semi-enclosed restaurant having sale
of alcoholic beverages for on-premises consumption, with building
heights exceeding 35 feet (up to 48 feet, 5 inches proposed) upon
certain real property located within the City of Anaheim, County of
Orange, State of California, legally 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 N0. 9169, AS SHOWN ON A MAP
RECORDED IN BOOK 381, PAGES 24 AND 25 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, SAID POINT BEING DISTANT SOUTH 5° 33' 37" EAST,
989.06 FEET ALONG SAID EASTERLY LINE FROM THE MOST
NORTHERLY 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 THROUGH A CENTRAL
ANGLE OF 18° 42' 17"; THENCE TANGENT TO SAID CURVE
NORTH 78° 49' 11" WEST, 214.13 FEET; THENCE NORTH 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 NORTH 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 IN 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
AND 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
COURSES: NORTH 72° 31' S7" EAST, 281.88 FEET AND
EASTERLY 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
FEET ALONG THE SOUTHERLY PROLONGATION 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.
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 N0. 9169, AS SHOWN ON A MAP
RECORDED IN BOOK 381, PAGES 24 AND 25 OF MISCELLANEOUS
MAPS„ IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, SAID POINT BEING DISTANT SOUTH 5° 33' 37" EAST,
989.06 FEET ALONG SAID EASTERLY LINE FROM THE MOST
NORTHERLY 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 THROUGH A CENTRAL
ANGLE OF 18°42'17";THENCE TANGENT TO SAID CURVE NORTH
78°49'11" WEST, 214.13 FEET; THENCE NORTH 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
NORTH 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 IN
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 AND 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 COURSES: NORTH 72°
31' S7" EAST, 281.88 FEET AND EASTERLY 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 N0. 9169; THENCE SOUTH 5° 33'
-- 37" EAST, 399.28 FEET ALONG THE SOUTHERLY PROLONGATION
OF SAID EASTERLY LINE TO THE POINT OF BEGINNING.
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EXCEPT 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 CORPORATION, (ACQUIRED BY
FINAL ORDER OF CONDEMNATION ENTERED IN CASE NO. 127381,
SUPERIOR COURT OF ORANGE COUNTY, A CERTIFIED COPY OF
WHICH WAS RECORDED OCTOBER 26, 1967 AS INSTRUMENT N0.
18791 IN BOOK 8417, PAGE 110 OF OFFICIAL RECORDS) AND
COUNTY OF ORANGE, BY DEED RECORDED DECEMBER 14, 1972 IN
BOOK 10469, PAGE 876 OF OFFICIAL RECORDS.
THOSE PORTIONS OF THIRD CLASS LANDS ALLOTTED TO JESUS
WILSON DE SHORB AND R.G. DE LA RIVA, AS DESCRIBED IN
THE FINAL DECREE OF PARTITION OF THE RANCHO CANNON DE
SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED
FEBRUARY 8, 1874 IN BOOK 28, PAGE 158 OF DEEDS, RECORDS
OF LOS ANGELES COUNTY, CALIFORNIA, BOUNDED AS FOLLOWS:
WESTERLY 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 OF ORANGE COUNTY,
CALIFORNIA, AND THE SOUTHERLY PROLONGATION THEREOF,
NORTHERLY BY THE SOUTHERLY LINE OF THE LAND CONVEYED TO
THE RIVERSIDE, SANTA ANA LOS ANGELES RAILWAY COMPANY BY
DEED RECORDED JULY 9, 1886 IN BOOK 164, PAGE 611 OF
DEEDS, RECORDS OF SAID LOS ANGELES COUNTY,
NORTHEASTERLY BY THE SOUTHWESTERLY LINE OF THE LAND
DESCRIBED AS PARCEL 1 IN THE CORPORATION EASEMENT DEED
RECORDED NOVEMBER 10, 1980 IN BOOK 13828, PAGE 115 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY, AND
NORTHEASTERLY, EASTERLY AND SOUTHERLY BY THE
SOUTHWESTERLY, WESTERLY AND NORTHERLY LINE OF THE LAND
DESCRIBED IN PARCEL 111.01 OF THE EASEMENT DEED
RECORDED JUNE 28, 1982 AS INSTRUMENT N0. 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; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
... required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
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WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC-99-69 granting, in
part, Conditional Use Permit No. 4096; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. The proposed use is properly one for which a
conditional use permit is authorized by the Anaheim Municipal
Code.
2. The proposed use will not adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located.
3. The 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 nor to the peace,
health, safety and general welfare.
4. 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.
5. The granting of the 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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
.. 1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
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identical zoning classification in the vicinity; and
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity; and
WHEREAS, the City Council does further find and
determine with regard to the proposed waiver of certain
off-street parking requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions
imposed will not be detrimental to the peace, health, safety or
general welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that Conditional Use Permit No. 4096 be, and
the same is hereby, granted permitting a planned commercial
office/light industrial center with roof-mounted equipment, with
a semi-enclosed restaurant having sale of alcoholic beverages for
on-premises consumption, with building heights exceeding 35 feet
(up to 48 feet, 5 inches proposed), on the hereinabove described
real property with a waiver of the following provisions of the
Anaheim Municipal Code:
Sections 18.04.060.050 - Minimum parking lot landscaping.
18.06.030.040 (Landscaped separation required
and 18.41.066.030 between every 10 or fewer parking
spaces in a row; landscaping
separating more than 10 spaces in
a row proposed)
Section 18.41.061.040 - Minimum area per lot.
(20,000 sq.ft. per lot required;
16,552 to 19,602 sq.ft. for Lot
Nos. 3, 6, 8 and 10 proposed)
subject to the following conditions:
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
public streets. 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.
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_. 3. That plans shall be submitted to the City Traffic 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 locations. Subject
property shall thereupon be developed and maintained in conformance
with said plans.
4. That the driveways on La Palma Avenue shall 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 controller cabinet. The plans
for this area, including landscaping to screen the cabinet, shall be
submitted to the City Traffic and Transportation Manager and Zoning
Division for review and approval.
7. That the cost of traffic signal maintenance, including
preventive or extraordinary maintenance, unrecoverable damages, and
electrical costs shall be paid by the property owner/developer. 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" along Weir Canyon Road (Yorba Linda Boulevard), La
Palma Avenue and Jenifer Drive.
9. That the developer shall submit a pedestrian circulation
plan within this project to the Traffic and Transportation Manager
for review and approval.
10. That the property owner/developer 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 the Water Engineering
Division and the Cross Connection Inspector.
11. That the developer/owner shall provide a detailed water
usage analysis and building plans for Water Engineering Division
review and approval to determine the adequacy of the existing water
system to meet the project's water requirements. Any system
improvements shall comply with Rule No. 15A.6 of the Water Utility's
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Rules, Rates and Regulations.
12. That the developer/owner shall submit a set of improvement
plans to the Water Engineering Division for review and approval 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 installed in compliance with Chapter 10.19 of the Anaheim
Municipal Code and Ordinance No. 5349.
14. That trash storage areas shall be provided and maintained
in location(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 maximum three (3)
foot centers and/or tall shrubbery. Each lot shall be required to
have one (1) double trash enclosure. 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 shall be
provided in accordance with Engineering Standard Detail No. 610 and
maintained to the satisfaction of the Streets and Sanitation
Division. Said turn-around 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 illumination 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, that the maximum height of
any fixtures, including lighting fixtures on buildings, adjacent to
the west and northwest property lines 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 and said
limitation shall be specified on the plans submitted for building
permits.
18. That the developer/owner shall install street lights along
the La Palma Avenue and Weir Canyon Road (Yorba Linda Boulevard)
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street frontages; and that security in the form of a bond,
certificate of deposit, letter of credit, or cash, in an amount and
form satisfactory 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 building, 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.
20. That all air conditioning facilities and other ground-
mounted equipment shall be properly shielded from view and the sound
buffered from adjacent residential properties. Such information
shall be specifically shown on the plans submitted for building
permits.
21. That the owner of subject property shall be responsible
for the removal of any on-site graffiti 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.
23. That three (3) foot high street address numbers shall be
displayed on the roof in a contrasting color to the roof material.
The numbers shall not be visible to the 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 established 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 associated with their
implementation, including the two mitigation measures added to the
Traffic Section of Mitigation Monitoring Program No. 107 at the
Planning Commission public hearing: That the design and
installation of 'the proposed traffic signal shall include provisions
for westbound traffic to make a U-turn at this intersection and that
the westerly driveway shall be designed for ingress only.
25. That lighting of any signage for subject property shall be
prohibited between the hours of midnight and 6:30 a.m. and as
specified by Zoning Code Section 18.05.091.052, unless a variance is
applied for and granted.
26. That signage for subject facility shall be limited to that
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__ which is shown on the exhibits submitted by the petitioner and
approved by the Planning Commission, including a maximum of two (2)
freestanding commercial 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, the 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 visible 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 residences,
such equipment shall be ground-mounted and screened from view.
Plans submitted for building permits shall specify the locations for
both roof-mounted and ground-mounted equipment for these buildings
until the actual location of the equipment is determined prior to
final building and zoning inspections.
29. That any use requiring an H-occupancy or a disclosure form
to be filed with the Anaheim Fire Department for Hazardous Materials
shall be required to obtain a separate conditional use permit, and
that the proposed industrial uses shall be limited to the following
listed uses and 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 County Recorder, a copy of
which shall be submitted to the Zoning Division:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Laboratories, experimental or research
Pharmaceuticals
Publishing books, periodical newspapers
Scientific equipment assembly
Communication equipment, components or supplies
Drafting instruments or goods
Electrical or electronic equipment, components
or products
Research, development and testing laboratories
and facilities
Scientific, optical, medical, dental or
photographic equipment, components and products
Sound equipment, components or supplies
Any similar uses as expressly approved by the
City.
Any uses permitted in the CO (Commercial Office
and Professional) Zone.
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_, 30. That this Conditional 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 shall submit final plans and
a specific letter of operation for Planning Commission review and
approval during a noticed public hearing prior to any sales of
alcoholic 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 irrevocably 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
easement for large meters or fire lines.
33. That water improvement plans shall be submitted to the
Water Engineering Division for review and approval, and a
performance bond in the amount approved by the City Engineer and
form approved by the City Attorney shall be posted with the City of
Anaheim to guarantee installation of said improvements.
u 34. That the developer/property owner shall relocate the
existing twelve inch (12") water main if the cover depth exceeds
thirty six inches (36") and shall provide a twenty foot (20')
easement for this main.
35. That the locations for future above-ground utility devices
including, but not limited to, electrical transformers, water back
flow devices, gas, communications and cable devices, etc., shall be
shown on plans submitted for building permits. Such plans shall
also identify the specific screening 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
appropriate City department(s).
36. That all plumbing or other similar pipes and fixtures
located on the exterior of the buildings shall be fully screened by
architectural devices and/or appropriate building materials; and
that such information shall be specifically shown 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 Planning Department
specifying type, size (minimum twenty four (24) inch box trees) and
location of proposed landscaping and irrigation for review and
approval by the Planning Commission as a "Reports and
Recommendations" item. Plans shall specify minimum one (1) gallon
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sized vines planted on maximum three (3) foot centers adjacent to
all masonry walls and ground-mounted equipment screening throughout
the development. Plans shall further specify a six (6) foot high
wrought iron fence centered in the landscaped setback for the length
of, and adjacent to, Jenifer Drive. Once approved, the landscaping
shall be installed in accordance with the plan and professionally
maintained.
38. That prior to the issuance of a building permit, the
developer shall submit a plan to the City Traffic and Transportation
Manager showing the redesign of the median island along La Palma
Avenue at Jenifer Drive. Prior to final building and zoning
inspection modifications to the median, (both hardscape and
landscape) shall be completed as shown on said plan, and all repair,
(both hardscape and landscape) of the median along the La Palma
Avenue frontage shall be completed.
39. That the office/light industrial complex hours of
operations shall be limited to 6 a.m. to 10 p.m. daily, with no
outdoor maintenance or other noise-generating operations or
activities permitted between 8:00 p.m. and 7:00 a.m.
40. That prior to the issuance of a grading permit, the
developer shall submit a copy of a precise grading plan to the
Zoning Division of the Planning Department indicating compliance of
the finished floor elevation for each building with the finished
floor elevations shown on Revision No. 1 of Exhibit No. 38. Any
increase in finished floor elevations greater than nine inches (9")
shall require Planning Commission review and approval as a Public
Hearing item. In addition, any increase in finished floor
elevations greater than six inches (6") for buildings 14, 15 or 16
shall be offset by a commensurate reduction in building height as
approved by the Planning Department (or Planning Commission for
height increases greater than nine inches [9"]).
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 file 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, 35 and 38; Exhibit Nos.
3 through 13; Exhibit Nos. 19 through 27; and Exhibit Nos. 36, 37,
39 and 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 resolution, 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, 38 and 40, 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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_. 43. Prior to building and zoning inspections, Condition Nos.
4, 8, 13, 19, 23, 24, 38 and 41, above-mentioned, shall be
completed.
44. That approval of this application constitutes approval of
the proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City, State
and Federal regulations. Approval does not include any action or
findings as to compliance or approval of the request regarding any
other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the City Council 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 conditions, or
any part thereof, be declared invalid or unenforceable by the final
judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null
and void.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 15th day of June, 1999.
MAY R OF TH CITY OF NAHEIM
ATTEST:
rt~c'v~ dc--
CITY CLERK OF THE CITY OF ANAHEIM
31420.1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-129 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 15th day of June, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken ,Daly
NOES: MAYOR/COUNCIL MEMBERS: stone
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-129 on the 15th day of June, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 15th day of June, 1999.
~',,,,~ It ~~~ ~_
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-129 was duly passed and adopted by the City Council of the
City of Anaheim on June 15th, 1999.
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CITY CLERK OF THE CITY OF ANAHEIM