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97-040RESOLUTION NO. 97R -40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3920. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit a 35,000 sq.ft. health club and 10,000 sq.ft. child day care facility with a 15,000 sq.ft. outdoor play area in Development Area 2 "Retail Commercial and Entertainment" of Specific Plan No. 90 -1 "The Festival" upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL A: PARCELS 3,4,6,8,9,12,13 AND 16 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 255 PAGES 1,2,3, AND 4 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED FEBRUARY 24, 1993 AS INSTRUMENT NO. 93- 0114016 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL B: PARCEL 21, IN THE CITY OF ANAHEIM, COUNTY Off' ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE ADJUSTMENT PLAT NO. 264 RECORDED SEPTEMBER 30, 1991 AS INSTRUMENT NO. 91- 532358 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL C: PARCEL 23, 24 AND D, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE ADJUSTMENT NO. 293 RECORDED APRIL 30, 1993 AS INSTRUMENT NO. 93- 0291591 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL D: PARCEL A, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE ADJUSTMENT NO. 295 RECORDED MAY 11, 1993 AS INSTRUMENT NO. 93- 0315924 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL E: PARCEL 26 AND E, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE ADJUSTMENT NO. 301 RECORDED JULY 27, 1993 AS INSTRUMENT NO. 93- 0500566 OF OFFICIAL RECORDS OF SAID COUNTY; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and 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. PC97 -27 granting Conditional Use Permit No. 3920; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. AND WHEREAS, the City Council does further find, 2 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 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. The variance(s) 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(s) 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, 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. 3920 be, and the same is hereby, granted permitting a 35,000 sq.ft. health club and 10,000 sq.ft. child day care facility with a 15,000 sq.ft. outdoor play area in Development Area 2 "Retail Commercial and Entertainment" of Specific Plan No. 90 -1 "The Festival" on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.06.050.02555 18.06.050.02593 18.06.050.0264 18.06.080 and 18.74.040.070 subject to the following conditions: Minimum number of parking spaces. (4,028 spaces required; 3,308 spaces proposed, as recommended by the parking study and approved by the City Traffic and Transportation Manager) 1. That final plans showing detailed elevations, signage, landscaping, exterior equipment, colors and materials for the facility shall be submitted to the Planning Commission for review and approval as a "Reports and Recommendations" item. The decision of the Planning Commission shall be subject to appeal to, or review by, the City Council in the time and manner provided in Sections 18.03.080- 18.03.084 of the Anaheim Municipal Code. 2. That, due to the parking waiver, the project owner /developer shall, on an ongoing basis, promote shared marketing of the theater with restaurants in the Anaheim Hills Festival Shopping Center. 3. That employee parking shall not be permitted on the upper level 3 during the peak parking demand periods: Fridays and Saturdays between 6 p.m. and 10 p.m. 4. That the outdoor play areas for the child day care facility shall not be utilized by children prior to 8 a.m. or after 6 p.m. 5. That an on -site loading and unloading area for the child care facility shall be provided in a manner and design acceptable to the City Traffic and Transportation Manager. Said area shall be shown on plans submitted for building permits. 6. That gates shall be provided for emergency exiting from all fenced areas of the child day care facility. Said gate locations shall be shown on plans submitted for building permits. 7. 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 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 8. That the new driveway accessing Festival Drive shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. 9. That the lot line for Parcel No. 2 shall be clearly identified on the site plans submitted for building permits. 10. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 11. That an on -site trash truck turn around area shall be provided and maintained in a manner and design satisfactory to the Public Works Department, Streets and Sanitation Division. Said turn around area shall be specifically shown on plans submitted for building permits. 12. That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying the best management practices that will be used on -site to control predictable pollutants from stormwater runoff. The WQMP shall be submitted to the Public Works, Development Services Division, for review and approval. 13. That the owner of the subject property shall submit a letter requesting termination of Variance No. 4201 (to waive the 4 minimum number of parking spaces for Development Area 2 in conjunction with a 4,016 sq.ft. increase in building area and the redesignation of a portion of Development Area 2 from "Home Improvement Furnishings" uses to "General Retail" uses to the Zoning Division. 14. 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 No. 1. 15. That prior to the issuance of a building permit for the general retail uses (up to 20,000 sq.ft.), an updated parking study shall be prepared by a qualified traffic engineer and the results shall be submitted to the Zoning Division of the Planning Department for review by the City Traffic and Transportation Manager and the Planning Commission as a "Reports and Recommendations" item to determine if the parking is adequate to accommodate said general retail uses. The decision of the Planning Commission shall be subject to appeal to, or review by, the City Council in the time and manner provided in Sections 18.03.080- 18.03.084 of the Anaheim Municipal Code. 16. That a sound study shall be prepared determining the current dB reading of existing roof mounted air conditioning equipment and methods for reducing the existing reading of the equipment affecting the residential properties to the south by two (2) dB's. All new equipment shall have a dB reading not exceeding this two (2) dB reduction. Said study shall be submitted to the Zoning Division of the Planning Department as a "Report and Recommendations" item for Planning Commission review. Implementation of said study shall be required as directed by the Commission. The decision of the Planning Commission shall be subject to appeal to, or review by, the City Council in the time and manner provided in Sections 18.03.080 18.03.084 of the Anaheim Municipal Code. 17. 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. 1, 5, 6, 7, 9, 10, 11, 12, 13, 15 and 16, 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. 18. That prior to final building and zoning inspections, Conditions No. 8 and 14, above mentioned, shall be complied with. 5 19. That unless conditions to the contrary were expressly imposed upon the granting of the parking waiver, the granting of said waiver shall be deemed contingent upon operation of the approved uses in conformance with the assumptions relating to the operation and intensity of the use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking demand study shall be deemed a violation of the express conditions imposed upon said termination or modification pursuant to the provisions of Section 18.03.091 and 18.03.092 of the Zoning Code. 20. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1st day of April, 1997. ATTES CITY CLERK OF THE CITY OF ANAHEIM 6 MAYOR OF TH CITY ANAHEIM 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. 97R -40 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 1st day of April, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly NOES: MAYOR /COUNCIL MEMBERS: None ABSENT: MAYOR /COUNCIL MEMBERS: Tait AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -40 on the 1st day of April, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 1st day of April, 1997. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -40 was duly passed and adopted by the City Council of the City of Anaheim on April 1, 1997. CITY CLERK OF THE CITY OF ANAHEIM