Loading...
Resolution-PC 2000-134• . RESOLUTION NO. PC2000-134 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETI710N FOR CONDITIONAL USE PERMIT N0. 2000-04282 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCELS 5, 6 AND 7 IN THE ~CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 196 PAGES 33 TO 3516VCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF PARCEL 4 OF SAID PARCEL MAP SHOWN AS PARCEL 4 ON THAT CERTAIN "LOT LINE ADJUSTMENT PLAT NO. 138" RECORDED AUGUST 7, 1985 AS INSTRUMENT NO. 85-292477, OFFICIAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 4, 2000 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.03.030, 18.84.062.030.031 and 18.84.062.032 to construct a 45- foot high office building with roof-mounted equipment and waiver of the following: Section 18.84.062.010.011 - Reauired structural setback adiacent to a freewav. (minimum 100 feet required in the Scenic Corridor Zone Overlay; 28 feet proposed adjacent to the SR 91/Riverside Freeway) 2. That the waiver is hereby approved on the basis that the special circumstances apply to this property due to its irregular shape; and that denial of this waiver would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity and which also abut the Riverside Freeway. 3. That 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. 4. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the pa~ticular area nor to the peace, health, safety and general welfare. 5. That 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. 6. That granting of this 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. 7. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CR4960PK.doc -1- PC2000-134 • ~ CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a 45-foot high office building with roof- mounted equipment and waiver of required structural setback adjacent to a freeway on an irregularly- shaped 4.3-acre property located at the northeast corner of Santa Ana Canyon Road and Riverview Drive, having frontages of 790 feet on the north side of Santa Ana Canyon Road and 340 feet on the east side of Riverview Drive, and further described as 150 North Riverview Drive; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That a private water system with separate water service for fire protection and domestic water shall be provided. Said information shall be specifically shown on plans submitted for building permits. 2. That the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division in either (a) underground vaults or (b) behind the required street setback in a manner f~lly screened from all public streets. Said information shall be specifically shown on plans submitted for building permits. That because this project has landscaping area(s) exceeding two thousand five hundred (2,500) square feet, a separate irrigation met~er shall be installed in compliance with Chapter 10.19 "Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically show~n on plans submitted for building permits. 4. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement twenty (20) feet in width for water service mains and/or an easement for large meters and other public water facilities. 5. That prior to applying for water meters, fire lines or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Department/Water Engineering an estimate of the maximum fire flow rate and the average day, maximum day, and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be completed in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 6. That the legal property owner shall provide the City of Anaheim with a public utility easement to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 7. That all padmounted equipment shall be screened. Said screening shall be specifically shown on plans submitted for building permits. 8. That the sewer and storm drain improvements within the project shall be privately maintained. 9. That the legal property owner shall offer for dedication the corner cut-off at the intersection of Santa Ana Canyon Road and Riverview Dri~re for a street and utility easement. 10. 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 -2- PC2000-134 ~ • Standard Plan No. 609 and shall be subject to review and approvai by the City Traffic and Transportation Manager prior to issuance of a building permit. Said information shall be specifically shown on plans submitted for building permits. 11. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the most current versions 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. Said information shall be specifically shown on plans submitted for building permits. 12. 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. 13. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 14. That an on-site trash truck turn around area shall be provided in accordance with Engineering Standard Detail No. 610 and shall be shown on the plans required by the Department of Public Works, Street Sweeping and Sanitation Division. Said information shall be specifically shown on plans submitted for building permits. 15. That a plan shall be submitted to the Traffic and Transportation Manager showing the loading space for trucks, in conformance with Code Section 18.06.060 "Truck loading requirements." Said information shall be specifically shown on plans submitted for building permits. 16. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for sign or wall/fence locatioros. Said information shall be specifically shown on plans submitted for building permits. 17. That the property owner/developer shall pay for implementation of the Split Cycle Offset Optimization Technique system ("SCOOT") at the intersection of Riverview Drive and Santa Ana Canyon Road, and at the intersection of Santa Ana Canyon Road and Weir Canyon Road. The implementation includes new traffic signal equipment/cabinet, using/installing 2070N traffic signal controller and SCOOT loops at an es~imated cost of twenty five thousand dollars ($25,000) per intersection. 18. That trash storage areas shall be provided and maintained in location(s) 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, highways or freeways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically show~n on plans submitted for building permits. 19. That a plan sheet for solid waste stor~ge and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 20. That three (3) foot high street address numbers shall be displayed on the roof of the building in a color contrasting to the roof material. The numbers shall not be visible to adjacent streets or properties. Said information shall be specifically shown on plans submitted for building permits. 21. That lighting fixtures shall be down-lighted and directed away from nearby residential properties to protect the residential integrity of the area. Information so-specifying shall be shown on the plans submitted for building permits. -3- PC2000-134 ~ ~ 22. That all roof-mounted equipment shall be subject to Anaheim Municipal Code Section 18.84.062.032 pertaining to the Scenic Corridor Overlay "(SC)" Zone, including that notes shall be included on the building plans indicating that the roof-mounted equipment shall be limited to ventilation fans and that all roof-mounted equipment shall be painted and maintained to match the roof. Said information shall be specifically shown on plans submitted for building permits. 23. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of Variance No. 3882 (waivers of minimum structural setback and required site screening to construct a 3-story comrnercial office building). 24. That landscaping and irrigation plan(s) for subject property shall be submitted to the Zoning Division for review and approval. Said plans shall show the following: a. Minimum twenty four inch (24") box sized for all trees planted on the property; b. Landscape screening for all above ground equipment and retaining walls; and c. Code-required vines planted on maximum three (3) foot centers to screen trash enclosures and mechanical equipment enclosures. Any decision made by the Zoning Division regarding said plan(s) may be appealed to the Planning Commission and/or City Council. 25. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 26. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 27. 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. Such plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval by the appropriate city departments. 28. That if required by the Urban Forestry Division of the Community Services Department, street trees shall be installed by the property owner within the public right-of-way adjacent to Santa Ana Canyon Road and Riverview Drive. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division. 29. That the property shall be permanen~ly maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within finrenty four (24) hours from time of occurrence. 30. That signage for subject facility shall be limited to one (1) commercial identification sign as part of a maximum thirty six inch (36") high, d~corative wall and one (1) wall sign for the subject office building in conformance with Chapter 18.05 "Outdoor Advertising" of the Anaheim Municipal Code. Prior to issuance of a sign permit, the developer shall submit sign plans to the Zoning Division of the Planning Department for review and approval. 31. 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 12, and as conditioned herein. 32. 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, 2, 3, 4, 6, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 27, above-mentioned, shall be complied with. Extensions for further time -4- " PC2000-134 • ~ to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 33. That prior to final building and zoning inspections, Condition Nos. 28 and 31, above-mentioned, shall be complied with. 34. 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 Anaheim City Planning Commission 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 condition, 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 was adopted at the Planning Commission meeting of December 4, 2000. CHAIRPERSON, ANAHEI ITY PLANNING COMMISSION ATTEST: ~~Ol~l.~' S RETA , ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed arnd adopted at a meeting of the Anaheim City Planning Commission held on December 4, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITN SS WHEREOF, I have hereunto set my hand this 3~ day of , 200~~ l~~~~(yC~L(J SEC ETARY, NAHEIM CITY PLANNING COMMISSION -5- PC2000-134