93-162 RESOLUTION NO. 93R-162
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3566.
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 the phased construction of a regional shopping center
with indoor entertainment facilities, an automotive repair and
parts installation facility in conjunction with a major retail
tenant, semi-enclosed restaurants (including outdoor dining/food
court), and an auditorium/community meeting room upon certain real
property located within the City of Anaheim, County of Orange,
State of california, legally described as:
PARCEL 1: THAT PORTION OF THE WEST HALF OF THE SOUTHWEST
QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO SAN CAJON DE SANTA ANA, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS THE
SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9 IS
SHOWN ON A MAP FILED IN BOOK 35, PAGE 15 OF RECORD OF
SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 1, DESCRIBED
IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER
21, 1955 IN BOOK 3253, PAGE 442, OFFICIAL RECORDS, BEING
A POINT ON THE WEST LINE OF SAID SECTION 9, NORTH 0 DEG.
15' 30" WEST, 717.99 FEET FROM ITS INTERSECTION WITH THE
NORTHEASTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD
COMPANY'S 100.00 FOOT RIGHT-OF-WAY; THENCE AT RIGHT
ANGLES NORTH 89 DEG. 44' 30" EAST, 40.00 FEET; THENCE
SOUTH 0 DEG. 15' 30" EAST, 50.00 FEET PARALLEL WITH SAID
WEST LINE; THENCE SOUTH 16 DEG. 57' 27" EAST, 221.14 FEET
TO THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN
CERTIFICATE OF TITLE NO. 9191; THENCE ALONG SAID
NORTHEASTERLY LINE, SOUTH 45 DEG. 15' 30" EAST, 33.25
FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST
AND HAVING A RADIUS OF 92.00 FEET; THENCE SOUTHEASTERLY
4.69 FEET ALONG SAID CURVE TO THE NORTHWESTERLY CORNER OF
THE LAND DESCRIBED IN PARCEL 2 IN THE DEED TO THE STATE
OF CALIFORNIA RECORDED OCTOBER 21, 1955 IN BOOK 3253,
PAGE 442, OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY
AND NORTHEASTERLY LINE OF SAID PARCEL 2, SOUTH 89 DEG.
36' 58" EAST, 110.18 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 200 FEET;
THENCE SOUTHEASTERLY 259.27 FEET ALONG SAID CURVE, THENCE
SOUTH 15 DEG. 10' 23" EAST, 138.00 FEET; THENCE SOUTH 19
DEG. 28' 13" WEST, 112.30 FEET; THENCE SOUTH 30 DEG. 27'
58" WEST, 90.00 FEET TO A POINT ON A NON-TANGENT CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1913.00 FEET
TO WHICH POINT A RADIAL BEARS SOUTH 23 DEG. 35' 16" WEST;
THENCE SOUTHEASTERLY 494.34 FEET ALONG SAID CURVE TO THE
EAST LINE OF THE LAND DESCRIBED IN DEED TO WILLIAM
KOERNER RECORDED APRIL 6, 1892 IN BOOK 53, PAGE 244 OF
DEEDS OF SAID ORANGE COUNTY; THENCE SOUTH 0 DEG. 15' 10"
EAST, 29.00 FEET, MORE OR LESS, TO A LINE PARALLEL WITH
AND 481.42 FEET SOUTHERLY (MEASURED ALONG THE EASTERLY
LINE OF THE SAID NORTHERLY LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE NORTH
89 DEG. 39' 00" EAST, 464.33 FEET ALONG SAID LAST
MENTIONED PARALLEL LINE TO THE EAST LINE OF THE SAID WEST
HALF OF THE SOUTHWEST QUARTER; THENCE NORTH 0 DEG. 16'
50" WEST, 1801.47 FEET ALONG SAID LAST MENTIONED EASTERLY
LINE TO THE NORTHEAST CORNER OF THE SAID WEST HALF OF THE
SOUTHWEST QUARTER OF SECTION 9; THENCE SOUTH 89 DEG. 39'
15" WEST, 1318.89 FEET ALONG THE NORTHERLY LINE OF SAID
SOUTHWEST QUARTER TO THE NORTHWEST CORNER THEREOF; THENCE
SOUTH 0 DEG. 15' 30" EAST, 876.39 FEET ALONG SAID WEST
LINE TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE FOLLOWING
DESCRIBED LAND.
BEGINNING AT A POINT ON THE EAST LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9,
DISTANT ALONG SAID EAST LINE NORTH 0 DEG. 16' 55" WEST,
420.26 FEET FROM THE CENTERLINE OF THAT PORTION OF
MANCHESTER AVENUE, 80.00 FEET WIDE, DESCRIBED IN DEED TO
THE STATE OF CALIFORNIA, RECORDED MARCH 21, 1935 IN BOOK
743, PAGE 18, OFFICIAL RECORDS; THENCE CONTINUING NORTH 0
DEG. 16' 55" WEST, 208.68 FEET; THENCE AT RIGHT ANGLES,
SOUTH 89 DEG. 43' 05" WEST, 40.00 FEET; THENCE SOUTH 1
DEG. 51' 25" WEST, 94.83 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A
RADIUS OF 115.00 FEET TO WHICH POINT OF BEGINNING OF
CURVE A RADIAL BEARS NORTH 89 DEG. 43~ 05" EAST; THENCE
SOUTHWESTERLY, 116.20 FEET ALONG SAID CURVE TO THE
NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE
OF CALIFORNIA, RECORDED AUGUST 2, 1944 IN BOOK 1267, PAGE
100, OFFICIAL RECORDS; THENCE NORTH 89 DEG. 39' 00" EAST,
144.14 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE
FOLLOWING DESCRIBED LAND:
BEGINNING AT THE POINT ON THE NORTHERLY LINE OF THE LAND
DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED
AUGUST 2, 1944 IN BOOK 1267, PAGE 100, OFFICIAL RECORDS,
DISTANT ALONG SAID LINE SOUTH 89 DEG. 39' 00" WEST.
172.67 FEET FROM THE EAST LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE NORTH
85 DEG. 51' 08" WEST, 161.39 FEET TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A
RADIUS OF 1913.00 FEET TO WHICH POINT OF BEGINNING OF A
CURVE A RADIAL BEARS SOUTH 4 DEG. 49' 49" WEST; THENCE
WESTERLY 131.95 FEET ALONG SAID CURVE TO THE EASTERLY
LINE OF THE LAND DESCRIBED IN CERTIFICATE OF TITLE NO.
16055; THENCE SOUTHERLY 29.09 FEET ALONG SAID EASTERLY
LINE TO SAID NORTHERLY LINE; THENCE EASTERLY 291.84 FEET
TO THE POINT OF BEGINNING.
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ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE
FOLLOWING DESCRIBED L~ND (ROBINSON'S PARCEL):
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHWEST
QUARTER, BEING THE CENTERLINE OF CRESCENT AVENUE, SOUTH
89 DEG. 39' 15" WEST 733.00 FEET FROM THE CENTERLINE OF
LOARA STREET; THENCE SOUTH 0 DEG. 16' 55" EAST 29.00 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0 DEG. 16'
55" EAST 359.42 FEET; THENCE NORTH 89 DEG. 43' 05" EAST
358.00 FEET; THENCE SOUTH 0 DEG. 16' 55" EAST 1.00 FOOT;
THENCE NORTH 89 DEG. 43' 05" EAST 346.00 FEET TO THE EAST
LINE OF THE 44.074 ACRE PARCEL SHOWN ON SAID MAP FILED IN
BOOK 35, PAGE 15 OF RECORD OF SURVEYS; THENCE NORTH 0
DEG. 16' 55" WEST 341.19 FEET, ALONG SAID EAST LINE OF
THE BEGINNING OF A CURE THEREIN, CONCAVE SOUTHWESTERLY
HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY AND
WESTERLY 31.44 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 90 DEG. 03' 50"; THENCE SOUTH 89 DEG. 39' 15"
WEST 683.98 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2 (OFFICE PARCEL): THE WEST 662.00 FEET TO THE
SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS THE
WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 9 IS
SHOWN ON A MAP FILED IN BOOK 28, PAGE 32 OF RECORD OF
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
PARCEL 3 (PARKING PARCEL): LOT 9 OF THE ANAHEIM
HOMESTEAD TRACT, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, A PER MAP RECORDED IN BOOK
26, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE WEST 20.00 FEET THEREOF.
ALSO EXCEPT THE NORTH 630.88 FEET THEREOF, MEASURED FROM
THE CENTERLINE OF NORTH STREET ADJOINING SAID LOT ON THE
NORTH.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP
FILED IN BOOK 35, PAGES 15 AND 16 OF RECORD OF SURVEYS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 3: THAT PORTION OF THE NORTHWEST ONE-QUARTER OF
THE SOUTHWEST ONE-QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, RECORDS OF SAID COUNTY, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING FURTHER DESCRIBED AS
THAT PORTION OF THAT CERTAIN 44.074 ACRE PARCEL SHOWN ON
A MAP RECORDED IN BOOK 35, PAGE 15 OF RECORD OF SURVEY OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
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BEGINNING IN THE NORTH LINE OF SAID PARCEL AT A POINT
DISTANT SOUTH 0 DEG. 16m 55" EAST 29.00 FEET FROM A POINT
IN THE CENTERLINE OF CRESCENT AVENUE, SAID CENTERLINE
BEING THE NORTH LINE OF SAID SOUTHWEST ONE-QUARTER,
DISTANT THEREON SOUTH 89 DEG. 39' 15" WEST 733.00 FEET
FROM THE INTERSECTION THEREOF WITH THE CENTERLINE OF
LOARA STREET AS SHOWN ON SAID MAP AND RUNNING THENCE
SOUTH 0 DEG. 16' 55" EAST 359.42 FEET; THENCE NORTH 89
DEG. 43' 05" EAST 358.00 FEET; THENCE SOUTH 0 DEG. 16'
55" EAST 1.00 FOOT; THENCE NORTH 89 DEG. 43' 05" EAST 346
FEET TO THE EAST LINE OF SAID 44.074 ACRE PARCEL; THENCE
NORTH 0 DEG. 16' 55" WEST ALONG SAID EAST LINE 341.19
FEET TO A CURVE IN THE BOUNDARY OF SAID PARCEL CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 20 FEET; THENCE
NORTHERLY AND WESTERLY 31.44 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 90 DEG. 03' 50"; THENCE SOUTH
89 DEG. 39' 15" WEST ALONG THE NORTHERLY LINE OF SAID
PARCEL 683.98 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
9; THENCE SOUTHERLY 40.00 FEET ALONG THE EAST LINE OF SAID
WEST HALF; THENCE AT RIGHT ANGLES, WESTERLY 20.00 FEET;
THENCE AT RIGHT ANGLES SOUTHERLY 10.00 FEET; THENCE AT
RIGHT ANGLES EASTERLY 10.00 FEET; THENCE AT RIGHT ANGLES
NORTHERLY 10.00 FEET; 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. PC-93-73 granting Conditional
Use Permit No. 3566; 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:
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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. That the proposed use is consistent with the Anaheim
General Plan because the subject property is identified therein as
being one of two regional shopping center sites in the City of
Anaheim.
5. That the proposed development is consistent with the Plaza
Redevelopment Project adopted by the City Council on June 12, 1990.
6. That the subject property is of adequate size, shape,
topography and location to accommodate the proposed regional
commercial shopping center and said use will not adversely affect
the growth or development of the surrounding area.
7. That the proposed regional commercial shopping center, as
conditioned herein, will not be detrimental to surrounding land uses
nor cause adverse effects or impacts which cannot be mitigated to a
level of insignificance, nor will the proposed use be detrimental to
the peace, health, safety or general welfare of the surrounding
community.
8. That the proposed dedications and public improvements to be
implemented in conjunction with the proposed development will ensure
that traffic generated by the proposed development will not impose an
undue burden upon the streets and highways designed and improved to
carry traffic in the area.
9. That the requested Code waivers are necessary due to
special circumstances or hardships beyond the control of the property
owner with regard to dedication and necessary public improvements
proposed along Euclid Street and the Santa Ana/Route 5 Freeway, and
due to the magnitude of the project and the need for recognition as
a "regional" destination point.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the city Planning Commission
and all evidence and reports offered at said public hearing before
the City Council regarding said requested waiver(s), that all of the
conditions set forth in Section 18.03.040 of the Anaheim Municipal
Code are present and that said waiver(s) should be granted, for the
following reasons:
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.
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, after reviewing and considering Final
Environmental Impact Report (EIR) No. 307 for the Plaza Redevelopment
Project and Final EIR No. 316 for the proposed Anaheim Plaza Project
(subject proposal) and reviewing evidence presented, both written and
oral, to supplement Final EIR No. 316, the City Council finds:
(a) That the project is consistent with the city's General Plan for
the site.
(b) That Final EIR No. 316 identifies the following impact which is
considered to be both unavoidable and adverse in nature and not
fully mitigated to a level of insignificance:
· Air Oualitv
Temporary air quality impacts will result from project
construction activities. These impacts include air
pollutants emitted by construction equipment and dust
generated by such activities. The primary source of long-
term air contaminants associated with the proposed project
is motor vehicle usage. Estimated emissions will exceed
South Coast Air Quality Management District (SCAQMD)
recommended thresholds. The emissions are estimated at
approximately 3,657 pounds of carbon monoxide, 361 pounds
of reactive organic gases, 596 pounds of oxides of
nitrogen, and 308 pounds of particulate above the SCAQMD
daily threshold criteria.
(c) That, in accordance with Section 15091 of the CEQA Guidelines,
one or more findings are made for each significant environmental
effect identified. Written findings and explanations of the
rationale for each finding are set forth in the Statement of
Findings of Facts. Findings relative to the rejection of
Alternatives are also in the Statement of Findings of Facts;
(d) That the benefits of the project outweigh the unavoidable
environmental impacts and in accordance with Section 15093 of
the CEQA Guidelines, a Statement of Overriding Considerations is
hereby adopted;
(e) That mitigation measures have been incorporated into Mitigation
Monitoring Plan No. 56-A that meet the requirements of Section
21081.6 of the Public Resources Code and the City Council does,
hereby, adopt said Mitigation Monitoring Program; and
(f) That the city Council, acting as lead agency for said project,
declares that when considering the record as a whole, there is
no evidence before the agency that the proposed project will
have potential for adverse effect, individually or cumulatively,
on wildlife resources or the habitat upon which the wildlife
depends as defined in Section 711.2 of the Fish and Game Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated, the action
of the City Planning Commission granting said conditional use permit
be, and the same is hereby, affirmed and that Conditional Use Permit
No. 3566 be, and the same is hereby, granted permitting the phased
construction of a regional shopping center with indoor entertainment
facilities, an automotive repair and parts installation facility in
conjunction with a major retail tenant, semi-enclosed restaurants
(including outdoor dining/food court), and an auditorium/community
meeting room on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
(a) Section 18.44.063.010 - Minimum structural setback
abutting an arterial hiqhwav.
(10 feet required; 3 to 8 feet
between existing structures and
Euclid Street proposed)
(b) Sections 18.04.060.010 - LandscaDinq of required yards.
18.04.060.013 (Required: One 15 qallon tree
for every 20 lineal feet of
and 18.44.063.050 street frontaqe in front required
setback (89 trees);
Proposed: none along Euclid
Street)
c) Section 18.44.064.020 - Permitted encroachments into
required Yards.
(Maximum 30-foot wide entrance
and exit drives and walks
permitted; seven 36 to 60-foot
wide drives proposed)
d) Sections 18,04.060.050 - Required Darkinq lot landscapinq.
and 18.44.066.030 (Minimum 5-foot wide landscape
planter required to separate
every 10 parking spaces; none
proposed)
(e) Sections 18.05.093.010 ~ Maximum sign area.
and 18.44.067 (2,240 sq.ft. aggregate sign area
permitted [excluding wall and
interior directional signs];
13,890 sq.ft. proposed)
(f) Sections 18.05.093.021 - Maximum number of freestanding
signs.
and 18.44,067 (~ freestanding signs permitted
along Euclid Street;
~ proposed)
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(g) Sections 18.05,093.022 - Maximum area of freestanding
signs.
and 18.44.067 (350 sq.ft. per sign permitted;
one 1,020 sG.ft. freeway-oriented
project identification sign and
one 856 sG.ft. [maximum]
multi-tenant food court sign
proposed)
(h) Sections 18.05.093.0231 - Minimum distance between
freestanding and/or roof signs.
18.05.093.0331 (300 feet required; 60 feet
proposed between two
and 18.44.067 freestanding signs and 0 to 300
feet proposed between
roof signs on space frame)
(i) Sections 18.05.093.024 - Maximum height of freestanding
signs.
~' and 18.44.067 (70 feet permitted; one 80-foot
high project and
major tenant identification sign
proposed)
(j) Sections 18.05.093.031 - Maximum number of roof signs.
and 18.44.067 (~ roof signs permitted; 2_~3 roof
signs proposed consisting of 22
tenant identification signs
proposed between the building
roof line and the top beam of the
space frame structure and 1
project identification roof sign
proposed on top of the space
frame structure)
~ (k) Sections 18.05,093.032 - Maximum area of roof signs.
and 18.44.067 (250 s~.ft. permitted; one 7,440
sq.ft. project identification
roof sign and 22 tenant
identification roof signs (not to
exceed 20% of the tenant building
face or 400 sq. ft. per sign,
whichever is less, proposed)
(1) Sections 18.05.093.034 - Maximum height of roof signs.
and 18.44.067 (25 feet above roof structure
permitted; 34 feet proposed)
(m) Sections 18.05.093.0341 - Maximum height of illuminated
roof signs.
and 18.44.067 (25 feet above ground permitted
within 300 feet of residential
property; 52 feet proposed
approximately 230 feet from
residential structures to the
north)
subject to the following conditions:
1. That the freeway-oriented project and major tenant
identification sign shall be limited to not more than five (5)
on-site major tenant identification panels plus one (1) panel
identifying the entertainment component for a total of six (6)
panels in addition to the Anaheim Plaza "A" identification logo.
2. That all automotive repair, service or parts installation
activities shall be conducted wholly within the enclosed service
bay area and that no vehicles shall be stored or parked outside
the building overnight.
3. That the automotive services bay area shall be oriented to the
south away from Loara Street and Euclid Street and nearby
residential uses, and said service bay area shall be screened
from public view from all rights-of-way including the Santa
Ana/Interstate 5 Freeway by a six (6) foot high block wall,
landscaped berm or combination thereof. Trees shall be planted
adjacent to the automotive service bay area to ensure adequate
screening and to reduce noise intrusion into nearby residential
properties.
4. That all wall signs facing Crescent Avenue and/or Loara Street
shall:
(a) Be attached to, but shall not project more than sixteen
(16) inches beyond, the face of the building;
(b) Not project above the parapet, roof or ridge line of the
building, whichever is the highest point;
(c) Not exceed fifteen percent (15%) of the face of the tenant
lease space to which the sign is attached; and
(d) Use low intensity, non-glare lighting methods and shall be
turned off between the hours of 12:00 midnight and 6:30
5. That tenant identification shall be limited to one (1) roof or
wall sign per tenant per building face, except that the four (4)
major tenants shall be limited to two (2) roof or wall signs per
building face; provided, however, that any sign placed on or
affixed to the space-frame structure, whether above or below the
roof line of the building, shall be limited in size to not more
than twenty percent (20%) of the front elevation of the tenant
lease space up to a maximum of 400 square feet. The average
height of the building (to the parapet) times the length of the
tenant lease space shall be utilized for calculating individual
tenant evaluations.
6. That the legal owner of subject property shall provide a public
utility easement along/across the subject property for proposed
electrical facilities to the City of Anaheim, as required by the
Electrical Engineering Division. Said easement shall be
provided to the City prior to issuance of building permits.
7. That the legal property owner/developer shall pay a fee for the
relocation of any power poles which will be impacted by street
improvements for the project.
8. That any water backflow equipment and/or other large water
system equipment shall be installed to the satisfaction of the
Water Engineering Division in either (a) underground vaults, or
(b) behind the street setback area in a manner fully screened
from all public streets and alleys.
9. That the legal owner of subject property shall irrevocably offer
to dedicate to the City of Anaheim an easement twenty (20) feet
in width along the new water service mains, as required by the
Water Engineering Division.
10. That a looped water main shall be provided between Loara Street
and Crescent Avenue through the site. It shall be twelve (12)
inch water main unless fire flow can be satisfied with an eight
(8) inch main, as approved by the Water Engineering Division.
11. That a plan sheet for solid waste storage and collection, and a
plan for recycling shall be submitted to the Department of
Maintenance for review and approval.
12. That on-site trash truck turn-around area(s) shall be provided
and maintained to the satisfaction of the Department of
Maintenance. Said turn-around area(s) shall be specifically
shown on plans submitted for building permits.
13. That during the preliminary design phase and prior to issuance
of a building permit, the developer shall contact the Department
of Maintenance for review and approval of trash enclosure
locations and any proposed compactors or bailers.
14. That prior to the handling of any hazardous materials, the
petitioner shall obtain all necessary permits from the Fire
Department.
15. That fire hydrants shall meet minimum city Fire Department
requirements for spacing, distance to structure(s) and available
fire flow.
16. That Fire Department vehicle access shall be provided and
maintained to the satisfaction of the City Fire Department.
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17. That the appropriate traffic signal assessment fee shall be paid
to the City of Anaheim in an amount established by City Council
Resolution.
18. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the current versions of Engineering Standard
Plan Nos. 436, 602 and 605 pertaining to parking standards and
driveway location. Subject property shall thereupon be
developed and maintained in conformance with said plans.
19. That all driveways shall be reconstructed to accommodate fifteen
(15) foot radius curb returns in conformance with Engineering
Department Standard No. 137.
20. That the developer shall comply with Chapter 14.60 relating to
Transportation Demand Management (TDM).
21. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with Engineering Standard No. 137 pertaining to
sight distance visibility.
22. That any outdoor shopping cart corrals shall be submitted to the
Community Development and Planning Departments for review and
approval of screening, design and appearance.
23. That a detailed landscape and irrigation plan shall be submitted
to the Community Development and the Planning Departments for
review and approval, including the landscaping required in
connection with Condition Nos. 24 and 30, herein. Said
landscaping shall thereafter be installed and maintained.
24. That a block wall planted with landscaping consisting of
clinging vines, shrubs and trees equal to the height of a
delivery truck, shall be installed along Loara Street behind the
required landscape setback to effectively screen major tenant
delivery areas from Loara Street and nearby residential uses.
25. That the developer shall be responsible for compliance and any
direct costs associated with Mitigation Monitoring Plan No. 56-A
as established by the City and as required by Section 21081.6 of
the Public Resources Code to ensure implementation of those
mitigation measures in said plan.
26. That roof signs shall be designed with opague backings, non-
glare of baffled edge lighting, and low-intensity neon (30 m.a)
or flourescent (430 m.a) illumination i order to protect
adjacent residential areas to the north and east from excessive
light or glare from signage.
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27. That within a period of thirty (30) days from the date of this
resolution, the petitioner shall pay to the City of Anaheim the
Environmental Impact Report Mitigation Monitoring Program basic
setup fee in the amount established by the city Council
Resolution and in effect at the time of payment.
28. That the owner of subject property shall submit a letter
requesting termination of Variance Nos. 1282 (waiver of maximum
building height to construct a 6-story office building) and 1358
(waiver of maximum floor area to permit parking based on net
floor area instead of gross floor area to construct a 6-story
office building) to the Zoning Division.
29. 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 Exhibit Nos. 1 through 15, and as
specified by Condition Nos. 1, 3, 4, 5, 24 and 30, (pertaining
to the freeway oriented sign, the automotive service bays, the
signs facing Crescent Avenue and/or Loara Street, the tenant
identification signs and landscaping).
30. That parkway landscaping shall be provided between the streets
and sidewalks, where possible, on all three sides (Crescent
Avenue to the north, Loara Street to the east, and Euclid Street
to the west). Said parkways shall be maintained by the property
owner.
31. That development of subject property shall conform with both the
plans and sign program presented to the Planning Commission at
the June 28, 1993 public hearing and as revised and approved by
the city Council on July 27, 1993.
32. That the property owner shall provide transit access either on-
site or off-site (on a public street), and shall work with the
Orange County Transportation Authority to provide maximum
accessibility to subject regional shopping center.
33. 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. 6, 7, 9, 11, 12, 13, 17, 18, 21, 23
and 28, 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.
34. That within a period of thirty (30) days from the date of this
resolution, Condition No. 27, above-mentioned, shall be
completed .
35. That prior to final building and zoning inspections, Condition
Nos. 8, 10, 15, 16, 19, 23, 24, 29 and 30, above-mentioned,
shall be complied with.
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36. 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.
37. That there shall be no fast food uses on pads "A", "B", or "C".
Any drive through food service on other pads shall be subject to
approval of a separate conditional use permit.
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 27th day of July, 1993.
MAY~OF THE CIT~Y F ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
2925
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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. 93R-162 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 27th day of July, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Duly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Hunter
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-162 on
the 28th day of July, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 28th day of July, 1993.
CITY CLERK OF THE CITY~'~
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 93R-162 was duly passed and adopted by the City Council of the City of Anaheim on
July 27, 1993.
CITY CLERK OF THE CITY OF ANAHEIm'-