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91-260 RESOLUTION NO. 91R-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3423. WHEREAS, the City Planning Commission of the City of Anaheim did reoeive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit a oommercial retail center with building heights in excess of 35 feet, a service station, a freestanding drive-through restaurant upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE NORTHWEST CORNER OF WEIR CANYON ROAD AND LA PALMA AVENUE, HAVING APPROXIMATE FRONTAGES OF 815 FEET ON THE WEST SIDE OF WEIR CANYON ROAD AND 1,000 FEET ON THE NORTH SIDE OF L~ PALMA AVENUE; 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 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. PC91-84 granting, inpart, Conditional Use Permit No. 3423; 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 CuP #3423 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 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. 3423 be, and the same is hereby, granted, inpart, permitting on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Section 18.44.063.040 - Minimum landscaped setback. and 18.84.062.0142 (10 feet screen landscaping required adjacent to west RS-5000 (SC) Zone boundary; none proposed) - 2 - CUP #3423 Section 18.84.062.011 - Minimum structural setback. and 18.84.062.012 (100 feet required along Weir Canyon Road; 30, 40 and 87 feet proposed; and 50 feet required along La Palma Avenue; 25, 43 and 45 feet proposed) Section 18.04.043.102 - Maximum wall height. and 18.44.064.080 (6 feet permitted in required rear yard; 8 foot high masonry block wall proposed along west property line abutting RS-5,000 zoning) Sections 18.06.050.020.0212 - Minimum number of required parkin~ 18.06.050.020.022 spaces. 18.06.050.020.0231 (698 required; 662 proposed) 18.06.050.020.0233 18.06.080 and 18.44.066.050 subject to the following conditions: 1. That unless proof of exemption is submitted in compliance with City Council Resolution No. 89R-440 prior to issuance of a building permit, the appropriate major thoroughfare and bridge fee shall be paid to the City of Anaheim in an amount as specified in the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridor, as established by City Council resolution. 2. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as established by City Council Resolution No. 90R-198. 3. That the appropriate fee shall be paid to the City of Anaheim for Santa Ana Canyon Road widening purposes, in an amount as established by City Council Resolution No. 89R-371. 4. That prior to approval of a grading plan, a detailed "visibility" plan for the driveways on La Palma Avenue shall be submitted to the City Traffic and Transportation Manager for his review and approval. The grading at the vehicular access points to the project shall be a maximum of five percent (5%) for the first sixty (60) feet from the public street right-of-way. 5. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the latest revisions of Engineering Standard Plan Nos. 436, 602 and 605 pertaining to parking standards and driveway locations. - 3 - CUP #3423 Subject property shall thereupon be developed and maintained in conformance with said plans. 6. That all driveways shall be constructed with twenty five (25) foot radius curb returns as required by the City Engineer in conformance with Engineering Standards. 7. That as required by the Orange County Transit District, and if determined to be necessary by the city Traffic Engineer, a bus turnout shall be constructed adjacent to subject property on La Palma Avenue west of the central project vehicular access west of Weir Canyon Road. Said turnout shall include a paved passenger waiting area with bus shelter and bench, and a concrete bus pad sufficient to support the weight of a bus. Additionally, a paved, lighted handicapped accessible pedestrian accessway shall be provided connecting the turnout with the residential units north of the turnout. 8. That the submitted plans shall show the truck loading space(s) as required by Code Section 18.06.060. Said plan, including truck routing, shall be submitted to the City Traffic and Transportation Manager for his review and approval. No U-turns shall be permitted for trucks on-site. 9. That all necessary traffic mitigation measures, as required by the City Traffic and Transportation Manager in connection with the submitted Traffic Impact Study, shall be installed prior to occupancy of the first building. 10. That prior to the issuance of a building permit for any drive-through facility, the drive-through lane shall be reviewed and approved by the City Traffic and Transportation Manager. 11. That plans submitted for building permits shall show conformance with Engineering Standard Plan No. 137 pertaining to sight distance visibility. 12. That the property owner/developer shall construct La Palma Avenue to its ultimate half-section width as a Modified Primary with deceleration lanes adjacent to the project boundary. The Master Plan-designated Class III bikeway shall also be signed along this segment of La Palma Avenue. Prior to issuance of a building permit, street improvement plans shall be submitted to the Subdivision Section and bonds shall be posted, in an amount as determined by the City Engineer and a form as approved by the City Attorney, to guarantee completion of said improvements. - 4 - CUP #3423 13. That the property owner/developer shall construct La Palma Avenue to its ultimate half-width section width as a Modified Primary with one continuous twelve (12) foot wide acceleration/deceleration lane from Weir Canyon Road to west of the proposed bus stop adjacent to the project boundary (approximately one thousand [1,000] feet). The Master Plan-designated Class III bikeway shall also be signed along this segment of La Palma Avenue. Prior to issuance of a building permit, street improvement plans shall be submitted to the Subdivision Section and bonds shall be posted, in an amount as determined by the City Engineer and a form as approved by the city Attorney, to guarantee completion of said improvements. 14. That a two hundred (200) foot long left-turn pocket with an eleven (11) foot width, a four (4) foot raised median divider and a ninety (90) foot transition shall be provided for traffic on La Palma Avenue desiring to turn left into the central project entrance. The other two project entries on La Palma Avenue shall be limited to right turns only. Prior to issuance of a building permit, street improvement plans shall be submitted to the Subdivision Section and bonds shall be posted, in an amount as determined by the city Engineer and a in form approved by the city Attorney, to guarantee completion of said improvements. 15. That traffic signals shall be installed at the intersections of the Yorba Linda Boulevard/Route 91 Freeway westbound ramps and Yorba Linda Boulevard/Route 91 Freeway eastbound ramps, and Yorba Linda Boulevard should be widened as determined to be necessary, based upon traffic studies for the SAVI Ranch development. 16. The property owner/developer shall contribute their proportional share (one and eighteen hundredths percent [1.18%]) of the full cost to widen and signalize the eastbound Route 91 ramp intersection with Weir Canyon Road/Yorba Linda Boulevard. Said widening shall provide for an eastbound offramp second left turn pocket and free right-turn-only lane, and Weir Canyon Road/Yorba Linda Boulevard widening to three (3) northbound and southbound through lanes plus Class II bikeways (six [6] foot widths on each side) plus a transition for the above-mentioned eastbound offramp free right turn lane, and westbound onramp transition for a northbound free right turn lane. 17. That the property owner/developer shall contribute their proportional share (eleven and seventy six one hundredths percent [11.76%]) of the full cost to widen and signalize the westbound Route 91 ramp intersection with Weir Canyon Road/Yorba Linda Boulevard. Said - 5 - CUP #3423 widening shall provide for a southbound free right turn lane and a third southbound through lane, and a westbound offramp second left turn pocket. This project shall be part of the Weir Canyon Road/Yorba Linda Boulevard widening to three (3) northbound and southbound through lanes plus Class II bikeways (six [6] foot widths on each side). 18. That the property owner/developer shall contribute their proportional share (fifteen percent [15%]) of the full cost to widen Weir Canyon Road/Yorba Linda Boulevard between the Route 91 eastbound offramp and La Palma Avenue to three (3) northbound and southbound through lanes plus Class II bikeways (six [6] foot widths on each side). 19. That the property owner/developer shall contribute their proportional share of local funds required for improvements to the La Palma Avenue/Weir Canyon Road (Yorba Linda Boulevard) intersection to provide a left-turn lane on the northbound approach and a southbound through lane in a manner meeting the approval of the City Traffic and Transportation Manager. 20. That the property owner/developer shall contribute their proportional share (nineteen and two hundredths [19.02%]} of the full cost to widen and modify the signal at the La Palma Avenue/Yorba Linda Boulevard/Weir Canyon Road intersection. Said widening shall provide a northbound second left turn pocket, and a southbound second left turn pocket, and a third through lane (by converting the existing right turn only lane). 21. That the property owner/developer shall provide bus turnouts as required by the Orange County Transit District and the City Traffic and Transportation Manager. 22. That the property owner/developer shall provide a bus turnout and/or concrete pad and shelter, which shall be installed west of the central project access on the far side of Weir Canyon Road on westbound La Palma Avenue, as required by the city Engineer. 23. That the property owner/developer shall install a traffic signal at the central project access, and stop signs and right turn only signs shall be installed within the site at the westernmost and easternmost exit points to control traffic. Internal traffic signing/striping shall be implemented in conjunction with detailed construction plans for the project. - 6 - cup #3423 24. That at the time of preparation of final grading, landscape and street improvement plans, sight distances at each exit point shall be reviewed and approved by the city Engineer with respect to City of Anaheim sight distance standards. 25. That twenty five (25) foot radius curb-return type driveways shall be constructed at each of the access points on La Palma Avenue to facilitate ingress/egress to the site. 26. That prior to approval of a grading plan, the property owner/developer shall submit a borrow site and route of haul plan for the review of Caltrans and the review and approval of the City Engineer. Said plan shall specifically identify the location of the borrow site(s) from which the additional fill material will be transported. The haul route plan shall specify that no trucks will be allowed on residential streets and the hours and days of transport to completion of the grading operation. 27. That prior to approval of a grading permit for construction activities within the La Palma Avenue right-of-way, including but not limited to road improvements and relocation of infrastructure, the applicant shall obtain approval from the City Engineer of a plan for rerouting traffic around the construction area in such a manner that disruption of traffic flow is kept to a minimum and public health and safety is maintained. 28. That the property owner/developer shall be responsible for the installation of underground conduits, substructures and related facilities to provide for underground 12KV cables, pad mounted switches, capacitors and transformers which will be installed on-site in public utility easements in accordance with city of Anaheim Rates, Rules and Regulations. 29. That street lighting facilities along La Palma Avenue and Weir Canyon Road shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of the Utilities General Manager; or, 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 the above-mentioned improvements. Said security shall be posted with the city of Anaheim prior to issuance of a building permit. The above-required improvements shall be installed prior to occupancy. - 7 - CUP #3423 30. That subject proposal authorized by this resolution shall be served by underground utilities. 31. That new underground served street lights and conduit system shall be installed along La Palma Avenue and Yorba Linda Boulevard. 32. That the landscape irrigation system(s) should be controlled automatically to ensure watering during early morning or evening hours to reduce evaporation losses. 33. That drought-tolerant plants shall be incorporated into project landscape plans wherever possible and water-conserving irrigation systems (e.g., drip irrigation) shall be utilized. Soil moisture sensors are recommended in common area landscaping. 34. That plumbing fixtures to reduce water usage and loss should be utilized (e.g., low volume toilet tanks, flow control devices for faucets, etc.) in accordance with Title 24 of the California Administrative Code. In addition, air conditioning water consumption should be reduced through the use of recycling. 35. That prior to the issuance of each building permit, landscaping and irrigation plans shall be submitted to the City Planning Department and Utilities Departments for review and approval. 36. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 37. That prior to the issuance of each building permit, the appropriate fees due for primary water mains and fire protection service shall be paid to the Water Engineering Division of the Utilities Department in accordance with Rules 15A and 20 of the Water Utility Rates, Rules and Regulations. 38. That prior to approval of a grading plan or prior to approval of a final parcel map, whichever occurs first, the twelve inch (12") water line shall be "pot-holed" to verify exact location and depth, and appropriate clearances shall be provided from building footage. A twenty (20) foot minimum public utility easement shall also be dedicated to the City of Anaheim. 39. That the abandonment of any water wells and associated facilities shall be in accordance with the procedures established by the City of Anaheim Water Engineering Division. 40. That the water backflow equipment and any other large water system equipment shall be installed to the - 8 - CUP #3423 satisfaction of the Water Utility Division in either (a) underground vaults or (b) behind the street setback area in a manner fully screened from all public streets and alleys. 41. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 42. That fire sprinklers shall be installed as required by the Fire Department. 43. That prior to issuance of building permits, a plan showing satisfactory vehicular access through the site shall be submitted to the Fire Department for review and approval. Said plan shall include information showing turning radii, accessway widths (possibly necessitating the posting of "no parking" signs) and whether loading docks encroach into any accessways. A minimum twenty (20) foot accessway shall be maintained in the rear of the complex as required by the Fire Department. 44. That, as required by the Uniform Fire Code, the following minimum standards shall apply: a. Fuel dispensing devices shall be located a minimum distance of ten (10) feet from any property line and shall be so located that all parts of a vehicle being serviced are on private property. b. Fuel dispensing devices shall be located not less than ten (10) feet from any building which is not fire resistive construction. Such devices shall also be located so that the nozzle, when the hose is fully extended, shall not reach closer than five (5) feet to any building opening. c. Fuel dispensing devices shall be protected against physical damage from vehicles by mounting on a concrete island a minimum of six (6) inches in height. Alternate methods of providing equivalent protection may be permitted when approved by the Fire Department. d. Dispensing of gasoline into fuel tanks or containers shall at all times be under the supervision of a qualified attendant. e. The attendant's primary function shall be to supervise, observe and control the dispensing of gasoline. f. Dispensing of gasoline shall not be into portable containers unless such containers are of approved - 9 - CUP #3423 material and construction, having a tight closure with a screwed or spring cover, and so designed that the contents can be dispensed without spilling. g. It shall be the attendant's responsibility to control sources of ignition and immediately handle accidental spills and fire extinguishers if necessary. h. Emergency controls shall be installed at a location acceptable to the Fire Department, but controls shall not be more than one hundred (100) feet from dispensers. i. Instructions for the operation of dispensers shall be conspicuously posted. j. Remote preset-type devices shall be in the "off" position while not in use so the fuel dispenser cannot be activated without the knowledge of the attendant. k. Fuel dispensing devices shall be in clear view of the attendant at all times and no obstacles shall be placed between the dispensing devices and the attendant. Use of cameras may be utilized as approved by the Fire Department. 1. The attendant shall at all times be able to communicate with persons in the fuel dispensing area via a two-way speaker system. 45. That there shall be no sale of beer, wine or other alcoholic beverages of any kind on subject property unless a conditional use permit is first approved authorizing such use; provided, however, that under no circumstances shall the sale of beer, wine or other alcoholic beverages be permitted in connection with the service station. 46. That during business hours of subject facility, separate men's and women's restrooms shall be available to the public, and shall be properly supplied and maintained. Said facilities shall be specifically shown on the plans submitted for building permits. 47. That, in conformance with Anaheim Municipal Code Section 18.44.050.070 pertaining to removal of closed service stations, an unsubordinated agreement shall be recorded with the office of the Orange County Recorder agreeing to remove the service station structures in the event that the station is closed for a period of twelve (12) consecutive months. A service station shall be - 10 - cup #3423 considered closed during any month in which it is open for less than fifteen (15) days. A copy of the recorded agreement shall be submitted to the Zoning Division. 48. That in compliance with Anaheim Municipal Code Section 18.87.023.020, the sale of beer and wine for off-premise consumption shall be subject to the following: a. A minimum enclosed retail sales area of twelve hundred (1200) square feet shall be provided; b. An inventory of retail sales items (not including beer, wine, fuel or automotive products) exceeding ten thousand dollar ($10,000.00) shall be maintained on the site; c. Receipts from the sale of beer and wine shall not exceed thirty five percent (35%) of all retail sales during any twelve (12) month period; d. No display of beer or wine shall be located outside a building or within five (5) feet of any public entrance to a building; e. The areas of beer or wine displays shall not exceed twenty five percent (25%) of the total display area in a building; f. Cold beer or wine having a temperature below sixty five degrees (65°) Fahrenheit shall only be sold from or displayed in permanently affixed coolers for the cooling and storage of all refrigerated products; g. No advertising of beer or wine shall be located, placed or attached to any location outside that interior of a building and that any such advertising shall not be visible to anyone outside the building; h. No video, electronic or other amusement devices or games shall be permitted; i. Sale of alcoholic beverages shall be made to customers only when the customer is inside the building; j. No person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine; k. At least one (1) sign to discourage driving a vehicle while under the influence of drugs or alcoholic beverages shall be prominently displayed inside the building for every three (3) signs - 11 - CUP #3423 advertising beer or wine; provided, however, that at least two (2) such signs to discourage driving a vehicle while under the influence of drugs or alcoholic beverages shall be prominently displayed inside the building; and 1. The operator of the service station shall participate in, aid and support educational and other programs intended to reduce driving while under the influence of drugs or alcoholic beverages. 49. That no fast-food service facilities shall be permitted in subject commercial retail center unless a variance is approved by the City Council, Planning Commission or Zoning Administrator, or unless sufficient Code parking is provided. 50. That the order speaker for the drive-through restaurant shall be equipped with an operable volume control. 51. That in the event a parcel map to subdivide subject property is recorded, an unsubordinated restricted covenant providing reciprocal access and parking, approved by the 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. A copy of the recorded covenant shall then be submitted to the Zoning Division. In addition, provisions shall be made in the covenant to guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, land usage and architectural control, and that the covenant shall be referenced in all deeds transferring all or any part of the property. 52. That all roof mounted equipment shall comply with the following standards and that such information shall be specifically shown on plans submitted for building permits: a. Screening of equipment shall be provided by acceptable permanent building materials the same as or similar to those which are used in the construction of the underlying building or shall be screened from view by acceptable architectural features of the building itself. Said screening shall not exceed the height limits established by Section 18.84.062.031 of the Anaheim Municipal Code. b. Roof mounted equipment shall be located or enclosed in such a manner so as not to be visible from any 12 - CUP #3423 public street, public or private property at finished grade level, or from any floor level of any residential structure. c. In order to minimize the visibility of screening methods and/or materials, all equipment shall be painted to match the roof on which it is located, as well as painted to match any materials used for equipment screening. d. The method and/or screening material which is used shall not be readily recognizable as a screening device, but shall be designed as an integral design component of the building design. e. All equipment screening shall be retained and maintained in good condition. 53. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said division. Such information shall be specifically shown on the plans submitted for building permits. 54. That prior to issuance of a building permit, a solid waste management plan with recycling capabilities shall be approved by the Street Maintenance and Sanitation Division. Upon occupancy of the project, said plan shall commence and shall remain in full effect as required by said Division. 55. That prior to issuance of the first building permit, plans showing access to and construction of trash enclosures shall be submitted to the Maintenance Department for review and approval. 56. That the property owner/developer shall comply with all adopted City regulations pertaining to trash collection, such as drop-off bins, recycling programs and other means of reducing the amount of waste requiring disposal, during construction and when the project is in operation. 57. That an eight (8) foot high masonry block wall shall be constructed along the west property line where subject property abuts single-family RS-5000(SC) zoned residential lots. 58. That lighting fixtures in any proposed parking area located adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the - 13 - CUP #3423 residential integrity of the area and shall be so-specified on the plans submitted for building permits. 59. That the proposal shall comply with all signing requirements of the CL(SC) "Commercial, Limited - Scenic ~'~ Corridor Overlay" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 60. That lighting of signage for subject property shall be prohibited between the hours of midnight and 6:30 a.m. as specified by Zoning Code Section 18.05.091.052, unless a variance is applied for and granted. 61. That any proposed freestanding sign on subject property shall be a monument-type not exceeding eight (8) feet in height and shall be subject to the review and approval of the city Traffic and Transportation Manager to determine adequate lines-of-sight. 62. That prior to installation of any business signs for subject commercial retail center, plans for a comprehensive sign program shall be submitted to the Zoning Division for review and approval by the Planning Commission as a "Report and Recommendation" agenda item. 63. That a landscape and irrigation plan for subject property shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission and/or city Council. 64. That minimum fifteen (15) gallon sized trees, planted on maximum twenty (20) foot centers with appropriate irrigation facilities, shall be installed and maintained v along the south property line adjacent to La Palma Avenue. 65. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 66. That the parking area adjacent to La Palma Avenue shall be screened from view in conformance with Zoning Code Section 18.44.064.010. Such screening shall be shown on plans submitted for building permits. 67. That as required by Code Section 18.84.062.020 (pertaining to commercial development in the Scenic Corridor), in addition to the required setback and slope landscaping, all parking areas and vehicular accessways shall be permanently landscaped with at least one (1) tree per three thousand (3,000) square feet of parking areas and/or vehicular accessway evenly distributed - 14 - cup #3423 throughout such areas. There shall be an average of forty eight (48) square feet of planter area provided per tree. Said planter areas shall have minimum dimensions of six (6) feet. Plans submitted for building permits shall show compliance with these requirements. 68. That prior to approval of a grading permit, the property owner/developer shall provide evidence to the City Engineer showing that they have entered into an agreement with the Orange County Sanitation District (OCSD) to relocate the fifty one inch (51") sewer line and to provide a sufficient sewer utility easement as determined to be appropriate by OCSD. Relocation of the line and easement shall be completed in a manner meeting the approval of OCSD and the city Engineer prior to the issuance of a building permit. 69. That all grading activities shall be conducted in conformance with Chapter 17.06 "Grading, Excavation and Fills in Hillside Areas" of the Anaheim Municipal Code. 70. That the property owner/developer shall submit a grading plan, prepared by a registered civil engineer and geotechnical engineer, for review and approval by the city Engineer. The grading plan shall include an erosion, siltation and dust control plan for review and approval by the City Engineer. The plan shall also include provisions for mitigation measures such as temporary irrigation and immediate planting on all exposed pads and slopes, temporary sedimentation basins and sand bagging, and shall include a watering and compaction program. 71. That in order to control fugitive dust during clearing, grading, earth moving or excavation, in conformance with AQMD Rule 403 requirements, the property owner/developer shall institute a regular watering program of affected areas or such other dust palliative measures as required by the Director of Public Works/City Engineer. After clearing and grading activities are completed, the site shall be watered sufficiently to form a crust on the surface through repeated soaking, spread of soil binders and/or the introduction of groundcover. 72. That barriers, warning signs and/or flagmen shall be employed, as appropriate, to maintain traffic and pedestrian safety during all grading activities. All trucks hauling export or import material from the site shall be covered or sprinkled prior to entering public streets to minimize potential fugitive dust. 73. That plans showing drainage of subject property shall be submitted to the City Engineer and the Orange County - 15 - CUP #3423 Flood Control District for their review and approval. 74. That grading, excavation and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 75. That the development shall conform to Chapter 17.28 "Flood Hazard Reduction" of the Anaheim Municipal Code. 76. That prior to the issuance of any building permits, the property owner/developer shall identify the finished floor elevation(s) of the lowest habitable room(s) to demonstrate that said elevation(s) are a minimum of one (1) foot above the corresponding floodplain elevation(s), in a manner meeting the approval of the Chief Building official. 77. That prior to the issuance of a building permit for the construction of any facility which will store or use hazardous materials, the property owner/developer shall prepare a monitoring program for the review and approval of the City Fire Department and the Orange County Water District to ensure that contaminants or hazardous materials utilized on the site do not leak into the groundwater basins underlying the site. 78. That prior to approval of a grading permit, the property owner/developer shall obtain NPDES permits. 79. That prior to the approval of grading plans and prior to the issuance of building permits, the property owner/developer shall demonstrate to the Director of Public Works compliance with the South Coast Air Quality Management District Rule 403, which requires regular watering to control fugitive dust during construction. 80. That the property owner/developer shall agree to maintain construction equipment engines in proper tune and discontinue construction activities during second stage or worse smog alerts. Monitoring shall be a part of grading site inspections. 81. That the property owner/developer shall comply with SCAQMD Regulation 15 requiring ride sharing programs (e.g., car pooling) and utilization of alternative modes of transportation. 82. That the project design shall be in accordance with conservation measures established by the California Energy Commission for commercial structures and shall conform with Title 24 of the California Administrative 16 - CUP #3423 Code. 83. That the property owner/developer shall schedule construction and grading to avoid Santa Ana wind conditions. No grading shall occur on-site when on-site wind velocity exceeds fifteen (15) miles per hour. 84. That excavation, grading and other construction activities related to the proposed project shall be restricted to the hours between 7:00 a.m. and 6:00 p.m. Monday through Friday, and between 8:00 a.m. and 6:00 p.m. on Saturday. This restriction will reduce potential noise impacts on nearby residences during the night and early morning hours and on Sundays when ambient noise levels are the lowest. 85. That construction and maintenance activities, including the repair and maintenance of equipment, shall conform to and comply with applicable provisions of the City of Anaheim Noise Ordinance. 86. That when feasible, construction equipment shall be stored on-site to eliminate and/or reduce heavy-equipment truck trips. 87. That where feasible, roof-mounted mechanical equipment shall be attenuated from residential receptors to reduce potential noise impacts upon those areas. 88. That a noise barrier shall be constructed along the north boundary of the project to attenuate noise associated with nearby train operations. The noise barrier shall be an extension of the existing barrier behind Tract No. 9169. An additional noise barrier shall be constructed along the west border of the project separating the project from the tract homes. This barrier shall attenuate reflected train noise and noise levels associated with deliveries to "Major A" Building. 89. That prior to removal of any specimen trees (Eucalyptus with trunk diameters eight [8] inches or greater), the property owner/developer shall obtain a permit allowing removal of such trees pursuant to Section 18.84.038 of the City of Anaheim Municipal Code pertaining to tree preservation in the Scenic Corridor. 90. That prior to approval of a grading plan, a landscape and irrigation plan for the project shall be prepared by a licensed landscape architect and submitted to the Zoning Division for review and approval. The plan shall place heavy emphasis on using drought-resistant and fireretardant native vegetation and shall be irrigated via a system designed to avoid surface runoff and 17 - CUP #3423 overwatering. Said plan shall also include a significant landscape buffer along the western and northern property line of Parcel B to screen adjacent residential uses. The landscape plan shall also include a maintenance program which controls the use of fertilizers and pesticides. Prior to final building and zoning inspections, the licensed landscape architect shall certify to the Zoning Division that the landscaping has been installed in accordance with the approved plan. 91. That all mechanical equipment and trash areas shall be screened from public street and adjoining properties. 92. That prior to issuance of each building permit, building plans including exterior elevations, landscape plans and lighting plans shall be submitted to the Zoning Division for review and approval. 93. That all outdoor lighting fixtures, including parking lot lighting, shall be shielded or constructed so that light rays emitted by the fixtures are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted. 94. That prior to the issuance of the first building permit, a comprehensive sign program shall be submitted to the Zoning Division for review and approval. On-premise advertising signs, other than those used to display the name of the project or the businesses operating within the project, shall be illuminated only during those hours when the business facility is open to the public. 95. That ground-mounted lighting fixtures utilized to accent building or landscape elements, or to illuminate pedestrian areas, shall be shielded to direct lighting toward the area to be illuminated and shall be maintained to minimize the encroachment of light emanating therefrom onto adjoining residential areas. 96. That prior to issuance of an occupancy permit, the property owner/developer shall undertake and complete parkway landscaping improvements along Yorba Linda Boulevard. 97. That prior to issuance of each building permit, the property owner/developer shall consult with the Southern California Gas Company to review energy conserving systems and design features which are required for the project. 98. That the developer shall be held responsible for complying with the monitoring and reporting program established by the City in compliance with Section - 18 - CUP #3423 21081.6 of the Public Resources Code. Furthermore, the developer shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures identified in Final Environmental Impact Report No. 305 that have been incorporated into the Mitigation Monitoring Program labeled Attachment "A". 99. That prior to issuance of building permits, a revised vehicle circulation plan which eliminates through vehicular access along the subject property's western boundary shall be submitted to the City Traffic and Transportation Manger for his review and approval. Said revised plan shall be prepared in consultation with the neighborhood representatives from the residential tract located to the west of the project. 100. That prior to issuance of building permits, a plan to provide a minimum ten (10) foot deep buffer, including sound attenuation walls and landscaping, along the residential properties located on Woodsboro Avenue shall be submitted to the Planning Department for review and approval. Said plans shall describe all proposed conveyances and show detailed improvement plans for walls and landscaping. The cost of said designs and improvements shall be borne by the developer. 101. That delivery hours shall be limited to Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday and Sunday, 9:00 a.m. to 6:00 p.m. Sunday deliveries shall be permitted for the market only. An electronically controlled gate equipped with a "knox box" shall be installed to eliminate vehicular entry except during the approved delivery hours. 102. All loading areas shall be screened and acoustically sound attenuated. 103. That prior to issuance of the first building permit, a Lot Line Adjustment Plat shall be submitted to the Subdivision Section for review and approval by the city Engineer, and then be recorded in the Office of the Orange County Recorder. The lot line adjustment shall move the west property line to give adjacent residential lots an additional ten (10) feet plus another three (3) feet from the top of the slope to comply with Chapter 17.06 "Grading, Excavations and Fills in Hillside Areas" of the Anaheim Municipal Code. 104. 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 No. 1, and Exhibit Nos. 2 and 3; - 19 - CUP #3423 including that all the wall, landscaping and sound buffering requirements specified in Condition Nos. 57, 67 and 100 of this resolution shall be complied with. 105. (a) That the hours of operation for the drive through/fast food restaurant shall be limited to the following: Friday and Saturday - 6:00 o'clock AM to midnight Sunday through Thursday - 6:00 o'clock AM to 11 o'clock PM. (b) That the hours of operation for the service station shall be limited to: 6:00 o'clock AM to midnight. 106. That prior to issuance of grading permits for Parcel A, the property owner/developer shall make application to the city of Anaheim for the abandonment of "Old" La Palma Avenue east of Jennifer Drive. 107. That prior to issuance of building permits, the property owner/developer shall irrevocably offer to dedicate to the City of Anaheim a twelve (12) foot wide right turn lane on the west side of Weir Canyon Road/Yorba Linda Boulevard, two hundred (200) feet in length, as required by the city Traffic and Transportation Manager. 108. That final landscape plans for the project shall incorporate the following: (a) Planting and irrigation for the area west and north of the Melanie Drive/Jennifer Drive entrance to Woodsboro Avenue in a theme similar to the median landscaping found in the adjacent La Palma Avenue median; (b) Both sides of the north/south portions of Melanie and Jennifer Drives south of Woodsboro Avenue shall be planted with shrubs and/or ground cover and irrigated; and (c) To the extent practicable and in the event "Old" La Palma Avenue is abandoned, landscaping, irrigation and a screen wall shall be installed in that portion of "Old" La Palma Avenue east of Jennifer Drive. 109. That prior to approval of a grading plan, Condition Nos. 26, 27, 38, 68, 70, 78, 79, 90 and 106, 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. - 20 - cup #3423 110. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, Condition Nos. 1, 2, 3, 4, 5, 8, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 24, 29, 35, 37, 43, 47, 53, 54, 55, 58, 63, 76, 77, 79, 90, 92, 94, 97, 99, 100, 103, 107 and 108, 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. 111. That prior to final building and zoning inspections, Condition Nos. 6, 7, 9, 12, 13, 14, 15, 21, 22, 23, 25, 28, 29, 30, 31, 32, 33, 34, 40, 41, 42, 44, 50, 52, 57, 58, 64, 66, 67, 88, 91, 93, 95, 96, 102 and 104, above-mentioned, shall be complied with. 112. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code ahd 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 20th day of August, 1991. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:dnl R34C3423.12 102391 - 21 - CUP #3423 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. 91R-260 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20th day of August, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 91R-260 on the 21st day of August, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 21st day of August, 1991. CITY CLERK OF THE CITY OF ANAHE~ (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 91R-260 duly passed and adopted by the City Council of the City of Anaheim on August 20, 1991. CITY CLERK OF THE CITY OF ANAHEIM