99-184RESOLUTION NO. 9~~t-184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING AMENDMENT N0. 3 TO SPECIFIC PLAN N0. 88-3 AND
AMENDING RESOLUTION NOS. 89R-59 AND 89R-60, AS PREVIOUSLY
AMENDED, ACCORDINGLY, AND APPROVING FINAL SITE PLAN AN RESCINDING
RESOLUTION N0. 99R-169, NUNC PRO TUNC
(The PacifiCenter Anaheim Specific Plan).
WHEREAS, on February 28, 1989 the City Council adopted
Resolution Nos. 89R-59 and 89R-60 adopting Specific Plan No. 883
and approving a document which contains the Zoning and
Development Standards for said Plan (the PacifiCenter Specific
Plan) and on July 25, 1989 the City Council adopted Ordinance No.
5045 to add a new Chapter 18.73 to Title 18 "Zoning" {which
references the zoning and development standards approved in
connection with in Resolution No. 89R-60) and Ordinance No. 5046,
reclassifying the property described therein into the Specific
Plan 88-3 Zone, for a mixed-use development project on property
consisting of 26 acres bounded by La Palma Avenue on the north,
Tustin Avenue on the east, the Riverside/SR-57 Freeway on the
south and the Atchison, Topeka and Santa Fe Rail Road tracks on
the west; and
WHEREAS, said resolutions and ordinances have
subsequently been amended from time to time; and
WHEREAS, the PacifiCenter Specific Plan No. 88-3 is a
mixed use development project consisting of 500,000 sq.ft. of
industrially-related office space, 24,000 sq.ft. of
industrially-related retail area, an 8,000 sq.ft. freestanding
restaurant, a 4,000 sq.ft. drive-through fast food restaurant, a
150-room hotel and two parking structures, which project was to
be implemented in three phases; and
WHEREAS, with the objective of greater flexibility for
future development of this mixed-use commercial site as market
conditions fluctuate with the area's economy, the petitioner now
proposes Amendment No. 3 to Specific Plan No. 88-3, as follows:
(1) Amending Exhibit Nos. 4 and 6 (pertaining to the over-
all development plan and phasing), approved in
connection with this specific plan;
(2) Consolidation of the Development Areas;
(3) Amending Sections 18.73.020 though .100 "Development
Standards" of the specific plan document, including,
but not limited to, required parking, landscaping,
setbacks, permitted uses and conditionally permitted
uses; and
(4) Modifying the PacifiCenter Sign Program (the "Sign
Program Appendix") to permit construction of two
additional freestanding signs (one pole sign
advertising the development, the major office tenant,
the hotel tenant and the full service restaurant, and
one monument sign advertising the fast food
restaurant); and
WHEREAS, the petitioner has also submitted a Final Site
Plan for development of remaining parcels within the PacifiCenter
Specific Plan in order to create a single, unified Development
Area for this mixed-use commercial center, including the
development of retail, office, hotel and other supporting uses;
and
WHEREAS, the proposed amendments, the Sign Program
Appendix and the Final Site Plan are specifically described in
the Specific Plan Book titled "PacifiCenter Anaheim Specific
Plan, March 1999, and Exhibit Nos. 1 through 6 (the "Specific
Plan Document") and the Staff Report to the Planning Commission,
dated June 7, 1999; and
WHEREAS, the City Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim on June 7,
1999, at 1:30 p.m., continued from the May 24, 1999 Planning
Commission meeting, notice of said public hearing having been
duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear
and consider evidence for and against said proposed amendment and
to investigate and make findings and recommendations in
connection therewith; 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
the public hearing, including the Staff Report to the Planning
Commission dated June 7, 1999, did adopt its Resolution No.
PC99-102 recommending to the City Council the adoption of
Amendment No. 3 to The PacifiCenter Anaheim Specific Plan No. 88-
3, as set forth said Resolution subject to additional conditions
of approval, and recommending amendment of Ordinance Nos. 5045
and 5046, as previously amended, relating to zoning for The
PacifiCenter Anaheim Specific Plan No. 88-3, including changes to
the Zoning and Development Standards in Chapter 18.73 of the
Anaheim Municipal Code; and
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WHEREAS, upon receipt of said Resolution, summary of
evidence, reports of findings and recommendations of the City
Planning Commission, the City Council did fix the 27th day of
July, 1999, as the time, and the City Council Chamber in the
Civic Center as the place for a public hearing on said proposed
Amendment No. 3 and did give notice thereof in the manner and as
provided by law; and
WHEREAS, the City Council did hold and conduct said
noticed public hearing and did give all persons interested
therein an opportunity to be heard and did receive evidence and
reports to consider the Amendment No. 3 to The PacifiCenter
Anaheim Specific Plan No. 88-3; and
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), the City Council has reviewed
the proposal consisting of Amendment No. 3 to Specific Plan No.
88-3 (amending Exhibit Nos. 4 and 6; consolidation of Development
Areas; amending Development Standards including, but not limited
to, required parking, landscaping, setbacks, permitted uses and
conditionally permitted uses; and the Sign Program Appendix) and
a Final Site Plan on an irregularly-shaped, 26-acre property
slocated at the southwest corner of La Palma Avenue and Tustin
Avenue, and having frontages of 745 feet on the south side of La
Palma Avenue and 1,240 feet on the west side of Tustin Avenue
(3610-3720 East La Palma Avenue and 1001-1091 North Tustin
Avenue); and does hereby determine that the previously-certified
Final Environmental Impact Report No. 280, with approved
Mitigation Monitoring Program No. 29, is adequate to serve as the
required environmental documentation; and
WHEREAS, the City Council after due consideration of
Planning Commission Resolution No. PC99-102, all evidence,
testimony, and reports offered at the July 27, 1999, hearing,
does hereby find that Amendment No. 3 is consistent with Specific
Plan No. 88-3, and further finds that:
1. That the underlying property of this specific plan, as
amended, has a unique site characteristic consisting of
its location, which is bounded by the SR 91-Riverside
Freeway, Tustin Avenue, La Palma Avenue and commuter
light rail, including a rail station, and which
features are enhanced by the special land use and
development standards of this specific plan.
2. That the Specific Plan, as amended, is consistent with
the goals and policies of the Anaheim General Plan and
with the purposes, standards and land use guidelines
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therein by maintaining a mixed-use commercial center
which is complimentary to this site's Business
Office/Service/Industrial land use designation.
3. That this Specific Plan, as amended, will result in
development of a desirable character, including the
continued development of a mixed-use commercial center,
which is compatible with existing and proposed
industrial, office and commercial development in the
surrounding neighborhood
4. That this Specific Plan, as amended, contributes to a
balance of land uses, including professional office
area, a regionally significant home improvement center,
hotel and food uses.
5. That this Specific Plan, as amended, respects
environmental and aesthetic resources consistent with
economic realities by providing necessary improvements
to the traffic conditions in the surrounding area and
providing an overall balance of office, retail and
service land uses to serve the community.
6. That the Anaheim General Plan designates this property
for Business Office/Service/Industrial land uses; and
that this property is located within the Redevelopment
Alpha Project (Northeast) Area; and
WHEREAS, the City Council reviewed the proposed Sign
Program Appendix and determined that further review of signage
should be provided as set forth in Amendment No. 3.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Anaheim does hereby approve Amendment No. 3 to
Specific Plan No. 88-3, amending Resolution Nos. 89R-59 and 89R-
60, as previously amended, as set forth in the Specific Plan
Document on file with the Planning Department, with the following
modifications:
A. That paragraph IV.C.l.a of the Specific Plan Document
be, and the same is hereby, amended to modify the
Permitted uses to read as follows:
13. Catering establishments (off-site service only);
provided, however, that no storage of vehicles or
commissaries shall be permitted.
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24. Delicatessens/sandwich shops; provided, however,
that alcoholic beverages may be permitted in
connection with a conditional use permit.
34. Fast food restaurants; provided, however, that no
drive-through or walk-up service shall be
permitted; and that enclosed or semi-enclosed
restaurants may be permitted if approved when the
Planning Commission reviews the final plans.
B.
42. Hotels with a maximum 150 rooms, subject to
compliance with certain conditions identified in
Appendix 12.
64. Restaurants; provided however, that drive-through
or walk-up service and/or alcoholic beverages
sales may be permitted in connection with a
conditional use permit; and that enclosed and
semi-enclosed restaurants may be permitted if
approved when the Planning Commission reviews the
final plans.
65. Retail supply stores; including, but not limited
to, vehicle accessories and parts; provided,
however, that no automotive servicing or repair
shall be permitted.
69. Deleted
73. Veterinary clinics; provided, however, that there
shall be no over-night boarding of animals unless
approved in connection with a conditional use
permit.
74. Medical/dental labs
That paragraph IV.C.l.b of the Specific Plan Document
be, and the same is hereby, amended to modify the
Conditional uses as follows:
4. Convenience markets; provided, however, that
service station facilities and accessory
convenience markets shall be prohibited.
9. Deleted.
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16. Entertainment centers; including, but not limited
to bowling, pool or billiard centers, pinball and
electronic games arcades.
17. Hotels with more than one hundred fifty (150)
rooms.
18. Delicatessens/sandwich shops where alcoholic
beverages will be sold for off-premises
consumption.
19. Restaurants with drive-through or walk-up
services, or restaurants where alcoholic beverages
will be sold for on-premises consumption; and that
such restaurants when enclosed or semi-enclosed,
may be permitted if approved when the Planning
Commission reviews the final plans.
20. Supermarkets, markets and groceries.
21. Veterinary clinics with over-night boarding of
animals.
C. That paragraph IV.C.4.b of the Specific Plan Document
be, and the same is hereby, amended to add the
following to the Site Development Standards to read as
follows:
Site Development Standards
(5) Minimum five (5) foot wide landscaped area along
the west property line adjacent to the railroad
right-of-way.
(6) All trees planted throughout the PacifiCenter
shall be a minimum size of twenty four (24) inch
box trees planted on maximum twenty (20) foot
centers.
(7) All drive-through restaurant activities shall be
screened from Tustin Avenue using a combination of
a three (3) foot high landscaped berm with a three
(3) foot high masonry wall (with vines).
(8) No signage visible from any public right of way or
railway shall be permitted on the property without
prior review and approval by the City Council.
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(9) No gates shall be permitted to enclose any parking
lot area.
(10) Prior to issuance
either the hotel
retail/restaurant
submitted to the
and approve as a
item.
of any building permits for
site or the 5,000 square foot
pad, final plans shall be
Planning Commission for review
"Reports and Recommendation"
BE IT FURTHER RESOLVED, that Resolution No. 89R-59, as
previously amended, be, and the same is hereby, amended to add
thereto the following Conditions of Approval:
58. No signage visible from any public right of way or
railway shall be permitted on the property without
prior review and approval by the City Council.
59. That the property owner/developer shall submit final
plans for the hotel and the 5,000 square foot
retail/restaurant facility to the Zoning Division of
the Planning Department for review and approval by the
Planning Commission as a "Reports and Recommendations"
item prior to issuance of building permits for said
hotel and/or retail/restaurant facilities.
60. That no required parking area shall be fenced, gated or
otherwise enclosed within the PacifiCenter, and that
the property owner shall prepare an unsubordinated
reciprocal access and parking agreement, in a form
satisfactory to the City Attorney, to be recorded with
the Office of the Orange County Recorder. A copy of
the recorded agreement shall be submitted to the Zoning
Division.
61. That no restaurants, hot dog/specialty carts or other
food service shall be permitted in connection with the
93,000 square foot major retail store (Expo home
improvement center).
62. That no outdoor activities (other than permitted
outdoor dining) nor outdoor storage or display of
merchandise or other related materials shall be
permitted.
63. That Special Event Permits shall be permitted only for
"Grand Opening" type of events within the PacifiCenter,
for a maximum of 36 days. No other special events
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shall be permitted within the PacifiCenter unless a
Special Circumstance Waiver has been approved by the
City of Anaheim Zoning Administrator.
64. That the property owner/developer shall be responsible
for compliance with all mitigation measures within the
assigned time frames and any direct costs associated
with the attached Mitigation Monitoring Program No. 29
as established by the City of Anaheim and as required
by Section 21081.6 of the Public Resources Code to
ensure implementation of those identified mitigation
measures.
65. That any changes to the revised Final Site Plan shall
require the petitioner to submit a revised parking
study to the City Traffic and Transportation Manager to
determine that the parking supply remains adequate for
the PacifiCenter.
66. That the owner/manager of the hotel shall maintain a
complete guest registry or guest card system which
includes the full name, address, date of birth, and
verified driver's license or legal identification and
vehicle registration number of all registered guests,
date of registration, length of stay, and room rate
which shall be made available upon demand by any police
officer, code enforcement officer, or license inspector
of the City of Anaheim.
67. That a statement shall be printed on the face of the
hotel guest registration card to be completed by the
guest when registering, advising that the register is
open to inspection by the Anaheim Police Department or
other City of Anaheim personnel for law enforcement
purposes.
68. That hotel guest rooms shall not be rented or let for
periods of less than twelve (12) consecutive hours nor
more than thirty (30) consecutive days, excluding one
(1) manager's unit.
69. That every occupied hotel guest room shall be provided
with daily maid service.
70. That the owner and/or management of the hotel shall not
knowingly rent or let any guest room to a known
prostitute for the purposes of pandering, soliciting,
or engaging in the act of prostitution; or to any
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person for the purpose of selling, buying, or dealing,
manufacturing or ingesting any illegal drug or
controlled substance; or for the purpose of committing
a criminal or immoral act.
71. That no hotel guest room shall be rented or let to any
person under eighteen (18) years of age, verified by a
valid driver's license or other legal identification.
72. That all available hotel room rates shall be
prominently displayed in a conspicuous place within the
office or lobby area clearly visible to hotel guests,
and that the property owner and/or management shall
comply with the provisions of Anaheim Municipal Code
Section No. 4.09.010 pertaining to the posting of room
rates.
73. That the property owner/operator of the hotel shall
comply with the provisions of Anaheim Municipal Code
Section No. 2.12.020 pertaining to the operator's
collection of transient occupancy taxes.
74. That all existing mature landscaping shall be
maintained in accordance with the Master Landscape
Program and all plant materials existing and proposed,
including trees, shall be immediately replaced in a
timely manner in the event of removal, damage, disease
and/or death.
75. That the locations for future above-ground utility
devices including, but not limited to, electrical
transformers, water backflow devices, gas,
communications and cable devices, etc., shall be shown
on plans submitted for building permits. Plans shall
also identify the specific screening treatments 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 departments.
76. That no compact parking spaces shall be permitted
within the PacifiCenter.
77. That 3-foot high address numbers shall be displayed on
the roofs of all buildings within the PacifiCenter in a
contrasting color to the roof material. The numbers
shall not be visible from the view of the street or
adjacent properties.
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78. That within thirty (30) days of the City Council's
action, the property owner/developer shall provide
three (3) copies of the amended Specific Plan document
reflective of the City Council's action. Upon review
and approval of the amended documents by the Planning
Department, thirty (30) copies of the final document
shall be provided by the property owner/developer to
the Planning Department.
79. That prior to the adoption of an ordinance approving
Amendment No. 3 to Specific Plan No. 88-3, the property
owner shall execute an agreement that the Redevelopment
Agency's obligation to pay the property owner the
easement consideration has been satisfied by other
means and that the property owner shall, at its sole
cost and expense, improve the Exclusive Use Area to
provide not less than seventy (70) standard parking
spaces for users of the Anaheim Canyon MetroLink
Station. Such improvements shall be made in
conformance with a design agreed to by the grantor (the
property owner) and the grantee (City of Anaheim) and
shall be commenced promptly upon such agreement.
80. That the property owner shall agree to maintain the
Exclusive Use Area and the Anaheim Canyon Station
without cost or expense to the grantee (City of
Anaheim), and the grantor (the property owner) shall
maintain all plant materials in a healthy and trimmed
condition.
81. That the property owner/developer shall be subject to
all applicable conditions of Resolution No. 89R-59.
82. That there shall be no public telephones or vending
machines on the property that are located outside the
building and under the control of the applicant.
83. That approval of this application constitutes approval
of the proposed Amendment No. 3 of the PacifiCenter
Specific Plan 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.
84. That the property owner/developer shall be responsible
for compliance with all applicable mitigation measures
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within the assigned time frames and for any direct
costs associated with the approved Mitigation
Monitoring Program No. 29 as established by the City of
Anaheim and as required by Section 21081.6 of the
Public Resources Code to insure implementation of those
identified mitigation measures, as set forth in
Attachment No. 1 hereto which is incorporated herein by
this reference.
85. That an approved amended Owner Participation Agreement
between the Redevelopment Agency, the City and the
Developer shall be required prior to the adoption of an
ordinance approving Amendment No. 3 to Specific Plan
No. 88-3."
BE IT FURTHER RESOLVED that, except as expressly
amended herein, Resolution Nos. 89R-59 and 89R-60, as previously
amended, and Specific Plan No. 88-3 shall remain in full force
and effect.
BE IT FURTHER RESOLVED that the Final Site Plan set
forth as Exhibit Nos. 1, 2, 3, 4 and 6 of the Specific Plan
Document and Exhibit Nos. 1, 2 and 3 of Conditional Use Permit
No. 4119, except any signage depicted thereon, is hereby
approved.
BE IT FURTHER RESOLVED that Resolution No. 99R-169 be,
and the same is hereby, rescinded and that this resolution shall
replace and supersede said Resolution No. 99R-169 in its
entirety, nunc pro tunc.
THE FOREGOING RESOLUTION is approved and adopted by the
_ City Council of the City of Anaheim this 24th day of August., 1999.
MAY R OF THE CITY ANAHEIM
ATTEST:
,liti~
CITY CL RK OF THE CITY OF ANAHEIM
31782.1\SMANN
11
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-184 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 24th day of August, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R-
184 on the 24th day of August, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 24th day of August, 1999.
CITY CL RK OF THE CITY OFANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 99R-184 was duly passed and adopted by the City Council of the
City of Anaheim on August 24th, 1999.
~ti
CITY CL K OF THE CITY OF ANAHEIM