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2000-166RESOLUTION NO. 2000R-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4171. 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 281,133 square foot commercial retail center of regional significance, including a home improvement store, health club, three drive-through fast food restaurants, two full-service restaurants, a multi-tenant pad building, and a freeway-oriented freestanding sign upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL A: THAT PORTION OF SECTION 3, 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 PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A SPIKE ON THE CENTERLINE OF LEMON STREET, NORTH 0© 23' 00" WEST 509.55 FEET FROM THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO HENRY G. MEISER, RECORDED APRIL 13, 1926 IN BOOK 636, PAGE 354 OF DEEDS, SAID SPIKE BEING THE NORTHWESTERLY CORNER OF PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 14, PAGE 1 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 89° 37' 00" EAST 42.90 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL 2; THENCE SOUTH 2© 55' 41" EAST 114.96 FEET TO A POINT EASTERLY 48.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE SOUTH 40 57' 26" EAST 125.40 FEET TO A POINT EASTERLY 58.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE SOUTH 35© 55" 16" EAST 43.01 FEET TO A POINT EASTERLY 83.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE NORTH 89© 37' 00" EAST 462.00 FEET, AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE SOUTH 0© 23' 00" EAST 136.00 FEET PARALLEL WITH SAID CENTERLINE; THENCE SOUTH 28© 18' 48" EAST 111.85 FEET TO THE SOUTHERLY LINE OF SAID LAND OF MEISER; THENCE ALONG THE SOUTHERLY AND EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO BETDINE PROPERTIES INCORPORATED, RECORDED AUGUST 2, 1963 IN BOOK 6659, PAGE 838 OF OFFICIAL RECORDS, SOUTH 80° 13' 59" EAST 381.56 FEET, SOUTH 83© 20' 03" EAST 263.53 FEET; SOUTH 84© 35' 12" EAST 96.26 FEET AND NORTH 0© 24' 56" EAST 109.42 FEET TO THE CENTER OF SAID SECTION; THENCE NORTH 0° 25' 30" WEST 922.94 FEET ALONG THE EASTERLY LINE OF SAID LAND OF MEISER TO THE NORTHEAST CORNER OF SAID LAND, SAID NORTHEAST CORNER BEING SOUTH 0© 25' 30" EAST, 905.00 FEET FROM A LEAD AND TACK IN THE PAVEMENT ON THE CENTERLINE OF ORANGETHORPE AVENUE, AND ON A STRAIGHT LINE BETWEEN SAID LEAD AND TACK AND A 3-INCH IRON PIPE WHICH MARKS THE SOUTHEASTERLY CORNER OF SAID LAND OF MEISER; THENCE ALONG THE NORTHERLY LINE OF SAID LAND OF MEISER SOUTH 89° 42' 40" WEST 962.66 FEET, SOUTH 0' 25' 30" EAST 8.00 FEET AND SOUTH 89© 42' 40" WEST 366.90 FEET TO THE NORTHWESTERLY CORNER OF SAID LAND OF MEISER, SAID NORTHWESTERLY CORNER BEING SOUTH 0© 23' 00" EAST 913.00 FEET FROM A BOLT ON SAID CENTERLINE OF ORANGETHORPE AVENUE, WHICH MARKS THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 0© 23' 00" EAST 407.58 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT NORTH 0© 23' 00" WEST 509.55 FEET FROM SAID SOUTHWESTERLY CORNER; THENCE NORTH 0° 24' 00" EAST 65.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY AND EASTERLY LINES OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 22, 1957 IN BOOK 3980, PAGE 191 OF OFFICIAL RECORDS; SOUTH 89° 36' 00" EAST 50.00 FEET; THENCE SOUTH 2© 08' 42" EAST 180.18 FEET AND SOUTH 8© 28' 50" EAST 161.94 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND OF THE STATE. ALSO EXCEPT A WATER WELL AND APPURTENANCES LOCATED ON SAID LAND, SAID WELL BEING WEST 474.80 FEET AND NORTH 34.00 FEET FROM THE CENTER OF SAID SECTION. PARCEL B: THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 3, THOWNSHIP 4 SOUTH, RANGE 10 WEST, WITHIN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, CONVEYED TO HENRY G. MEISER BY DEED RECORDED IN BOOK 636, PAGE 354, OF DEEDS, IN THE OFFICE OF THE COUNTY -2- RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 4 OF THE HIGHWAY RIGHT OF WAY RELINQUISHED (REL-254) TO THE CITY OF ANAHEIM BY RESOLUTION OF THE CALIFORNIA HIGHWAY COMMISSION, A CERTIFIED COPY OF WHICH RESOLUTION IS RECORDED NOVEMBER 30, 1965 IN BOOK 7756, PAGE 472 OF OFFICIAL RECORDS, IN SAID OFFICE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 4 DESCRIBED THEREIN AS NORTH 1© 36' 48" EAST, 141.69 FEET TO THE NORTHERLY TERMINUS OF SAID COURSE SO DESCRIBED; THENCE SOUTH 89© 36' 00" EAST, 322.00 FEET; THENCE SOUTH 40° 56' 24" EAST, 33.03 FEET; THENCE SOUTH 7© 43' 07" WEST, 90.40 FEET; THENCE SOUTH 58© 28' 27" WEST, 75.96 FEET TO THE SOUTHERLY LINE OF SAID LAND OF MEISER; THENCE NORTH 86© 51' 29" WEST, 271.14 FEET TO THE POINT OF BEGINNING; 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. PC2000-75 granting, in part, Conditional Use Permit No. 4171; 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- 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 classifications 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. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code); and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking -4- areas or lots provided for such use; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 4171 be, and the same is hereby, granted permitting a 281,13 (advertised as 294,632 sq.ft.) square foot commercial retail center of regional significance, including a home improvement store, health club, three drive-through fast food restaurants, two full-service restaurants, a multi-tenant pad building (said building was deleted from the project subsequent to advertising), and a freeway-oriented freestanding sign on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: subject to the following conditions: SECTION NOS. 18.06.050.022 - 18.06.050.0231, 18.06.050.0233 AND 18.44.066.050 Minimum number of parkinq spaces. (1,567 required; 1,506 proposed) subject to the following conditions: That the developer shall be responsible for compliance with all mitigation measures within assigned time frames and any direct costs associated with the attached Mitigation Monitoring Plan No. 113 as adopted by the City of Anaheim and That a conditional use permit shall be obtained for any outdoor seating or alcohol sales in conjunction with the restaurant uses. That irrigated landscaping coverage, including turf, hydroseeding, or groundcover, shall be provided on the undeveloped portion of this property at the southeast corner of Durst Street and Lemon Street, until such a time as that undeveloped portion commences development. Said landscaping shall be shown on plans submitted for building permits. That this development is limited to a maximum of nine (9) tenant spaces. The subdivision of any retail space and/or the development of the vacant parcel at the southeast corner of Lemon Street and Durst Street shall only be permitted by the application for, and approval of, a conditional use permit by the Planning Commission. o That this approval is granted subject to the approval of General Plan Amendment No. 370 and finalization of Reclassification No. 99-00-10, now pending. -5- o o 10. 11. 12. 13. 14. 15. That a landscape earthen berm and/or a solid row of hedges shall be incorporated into the entire length of the setback adjacent to Lemon Street with the exception of ingress/egress areas. Further, dense landscaping shall be provided adjacent to Lemon Street to adequately screen the drive-through lanes. Where possible, existing mature landscaping should be preserved. Said information shall be specifically shown on plans submitted for building permits. That final site, floor, and elevation plans for the three (3) drive-through fast food restaurants and the two (2) freestanding restaurants shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. That all roof-mounted equipment shall be screened from view of the public rights-of-way and surrounding properties in compliance with Section 18.44.030.120 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. That if public telephone service is installed, the telephones shall only be installed within the buildings. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. That the existing mature trees in the planter along Lemon Street frontage shall be retained where possible. Said information shall be specifically shown on plans submitted for building permits. That no exterior vending machines shall be permitted within the view of the public rights-of-way. That a comprehensive sign program for all signage shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. That final landscape plans (indicating materials, sizes and locations of plant materials) shall be submitted to the Zoning Division for Planning Commission review and approval as a ~Reports and Recommendations" item. 16. That as required by the Urban Forestry Division of the Community -6- 17. 18. 19. 20. 21. 22. 23. 24. Services Department, street trees shall be installed, by the property owner, within the public rights-of-way adjacent to Lemon Street and Durst Street. The size and number of trees shall be provided to the satisfaction of the Urban Forestry Division of the Community Services Department. That the developer/owner shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and said landscaping shall comply with city Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. That the landscape planters shall be permanently maintained with live and healthy plant materials. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 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. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on plans submitted for building permits. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for all sign or wall/fence locations. -7- 25. That all drive-through lanes shall be reviewed and approved by the City Traffic and Transportation Manager. 26. That the developer shall comply with Ordinance No. 5209 and Resolution No. 91R-89 relating to the Transportation Demand Management (TDM) by providing on-site taxi and shuttle bus loading zones, and by joining and financially participating in the ATN and Clean Fuel Shuttle Program and by installing bicycle racks. 27. That a plan shall be submitted to the City Traffic and Transportation Manager for his review and approval showing the loading space for trucks in conformance with Code Section 18.06.060. 28. That water looping from the existing 12-inch main line on Lemon Street to the existing 16-inch main line on the east side of the property shall be provided to the satisfaction of the Water Engineering Division of the Public Utilities Department. Said information shall be shown on plans submitted for building permits. 29. That street lights along Durst Street shall be installed to the satisfaction of the Public Works and Public Utilities Departments. 30. That the developer/owner shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on- site water system to meet the project's water demands and fire protection requirements. 31. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 32. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. 33. That any required relocation of City electrical facilities shall be at the developer's expense. 34. That three (3) foot high address numbers shall be displayed on -8- 35. 36. 37. 38. 39. 40. 41. the flat area of the roof in a contrasting color to the roof material, provided the numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. That prior to the operation of these businesses, valid business licenses shall be obtained from the City of Anaheim, Business License Division of the Finance Department. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines, planted on maximum 3-foot centers, or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. A Certificate of Compliance or Conditional Certificate of Compliance shall be reviewed and approved by the City Engineer and recorded in the office of the Orange County Recorder prior to issuance of a building permit. That the parking lot serving the premises shall be equipped with decorative lighting of sufficient power (recommended minimum of two foot-candles) to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate adjacent properties, and that said lighting information shall be specified on plans submitted for building permits. That the developer shall pay the sewer deficiency fee for the North Central Area. That the 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 conditioned herein. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. Such information shall be specifically shown on the plans submitted -9- for building permits. 42. That all plun~ing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. 43. That window signage shall not be permitted. 44. That prior to the issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 3,5, 6, 7, 8, 12, 14, 15, 17, 18, 20, 21, 22, 23, 24, 25, 27, 28, 30, 31, 32, 34, 36, 37, 38, 39, 41, 42, 43 and 44, herein mentioned, shall be complied with. 45. That prior to final building and zoning inspections, Condition Nos. 16, 26, 29, and 40, herein mentioned, shall be complied with. 46. 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. 47. That the freeway sign shall not exceed thirty (30) feet in height and the sign area shall be limited to one hundred fifty (150) square feet per face in conformance with the definitions of Code for sign area and as interpreted by City staff. 48. That pedestrian access shall be provided along the drive aisle on the north side of Pad E connecting from the sidewalk on Lemon Street. Said access shall be shown on plans and submitted for building permits. 49. That a plan showing noise buffering of the plaza area through the use of a "green wall" and/or other suitable materials shall be submitted to the Zoning Division of the Planning Department for review and approval by the Planning Commission as a Reports and Recommendations item. 50. That the applicant shall cooperate with Bryan Industrial Properties, Inc. (Bryan) and the City of Anaheim with respect to Bryan's application to the City for approval to construct security gates for the private streets on Bryan's property to the north of subject property. 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 8th day of August, 2000. MA%dR OF T~HEIM ATTEST: CIT~ CL~RK OF' THE CITY OF ANAHEIM 36756.1 STATE Of CALIFORNIA ) COUNTY Of ORANGE ) ss. CiTY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2000R-166 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 8th day of August, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of August, 2000. C'1"r~Y CLERk: OF THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the odginal of Resolution No. 2000R-166 was duly passed and adopted by the City Council of the City of Anaheim on August 8th, 2000. CI'I~'Y CL~'RK OF THE CITY OF ANAHEIM