Resolution-PC 2002-146•
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RESOLUTION NO. PC2002-146
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC73-192, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 1420
WHEREAS, on August 30, 1973, the Anaheim City Planning Commission did, by its
Resolution No. PC73-192, grant Conditional Use Permit No. 1420, in part, to establish a retail plant
nursery with waivers of required screening of outdoor uses, minimum off-street parking, width of required
landscaped strip adjacent to an arterial highway and required screening of outdoor uses from a freeway
or scenic highway, and that two waivers (permitted number of wall signs and required building setback
from an arterial highway in the Scenic Corridor) were denied; and that approval of the use permit is
contingent upon compliance with certain conditions including that the property be developed substantially
in accordance with plans and specifications labeled Exhibit Nos. 1 through 4; and
WHEREAS, subject property is developed with a retail plant nursery (Armstrong Garden
Center) at 5780 East La Palma Avenue; that the zoning is CL(SC) "Commercial, Limited - Scenic
Corridor Overlay'; and that the Anaheim General Plan designates the property for General Commercial
land uses; and
WHEREAS, the petitioner requests amendment to this use permit under authority of
Code Sections 18.03.091 and 18.44.050.240 to reconstruct and expand the existing plant nursery
including waivers of (a) maximum fence height, (b) prohibited roof signage, (c) permitted commercial
center identification sign, (d) maximum number of wall signs, (e) minimum number of parking. s.paces, (fl
required screening of non-plant materials, and (g) minimum landscaped setback adjacent to an arterial
highway; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on September 23, 2002 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 use, as proposed to be amended, is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.44.050.240 to reconstruct and expand an
existing plant nursery with waivers of the following:
(a) Sections 18.04.043.100.101(a) - Maximum fence heipht.
18.44.064.080 (3-foot hiah fence permitted in the reQUired 50-foot front
and 18.84.062.010.012 setback along a secondary arterial highway in the Scenic
Corridor Zone Overlay;
8-foot hiqh fence proposed 10 feet from La Palma Avenue)
(b) Sections 18.05.064.055
and 18.84.062.040
(c) Sections 18.05.091.010
18.05.091.011
18.05.091.012
18.05.091.014
Tracking No. 2002-04594
- Prohibited roof sianaQe.
- Permitted commercial center identification siqn.
(26 sQ.ft., one-sided siqn permitted as part of a 3-foot hiqh
decorative wall in the Scenic Corridor Zone Overlay;
48_sq.ft., finro-sided freestanding monument siqn proposed)
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and 18.84.062.040
(d) Sections 18.05.091.020
and 18.84.062.040
(e) Sections 18.06.050.020.022
18.06.050.030.033
18.06.080
and 18.44.066.050
(f) Section 18.44.050.240
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- Maximum number of wall siQns.
(One wall siqn permitted; two wall siqns proposed)
- Minimum number of aarkinq spaces.
(46 spaces required; 36 spaces proposed and concurred with
by the
City Traffic and Transportation Manager)
- ReQUired screeninq of non-plant materials.
(8-foot hiqh masonrv block screen wall required;
8-foot hiqh wrouQht iron fence proposed)
(g) Sections 18.84.062.012 - Minimum landscaped setback adiacent to an arterial hicthwav.
and 18.84.062.014 (20-foot wide fully landscaqed setback or 14-foot wide
landscaped setback with 3-foot hiah berm required adjacent to
a secondary arterial highway in the Scenic Corridor Zone
Overlay;
10-foot wide landscaped setback with 18-inch hiqh berm
proposed adjacent to La Palma Avenue)
2. That waiver (a), maximum fence height, is hereby approved because the proposed fence
is located in approximately the same place as the existing 6-foot high wrought iron fence, and the existing
fence was approved in connection wi4h the original approval of this conditional use permit in 1973; and
that the proposed fence is behind an 18-inch high earthen berm landscaped with a variety of trees,
shrubs and groundcover, which will improve the fence and will not effectively increase the height of the
fence due to its location behind said landscaped berm.
3. That waiver (b), prohibited roof signage, is hereby denied on the basis that it was deleted
following public notification.
4. That waiver (c), permitted commercial center identification sign, is hereby approved on
the basis that strict adherence to the zoning code would deprive this property of visibility to vehicles
traveling in both directions along La Palma Avenue due to the subject site's location along the existing
curve of La Palma Avenue; and that strict adherence to the zoning code would also deprive this property
owner of a privilege enjoyed by other property owners in the area with similar zoning, including Best
Western Anaheim Hills motel, Keno's Family Restaurant, Anaheim Hills Car Wash and Lube, and Canyon
Village Shopping Center which have similar signage to the proposal.
5. That waiver (d), maximum number of wall signs, is hereby denied on the basis that a
motion to approve the waiver failed to carry because of a tie vote (AYES: Bosfinrick, Bristol, Romero;
NOES: Eastman, Koos, Vanderbilt; ABSENT: Boydstun); and that a second motion to deny the waiver
also failed to carry because of a tie vote (AYES: Eastman, Koos, Vanderbilt; NOES: Bostwick, Bristol,
Romero; ABSENT: Boydstun).
4. That parking waiver (e), under the conditions imposed, is hereby approved based on the
City Traffic and Transportation Manager's review and approval of 4he parking study submitted by the
petitioner, including the conctusions that there will be a sufficient number of parking spaces; that the
proposed use will not cause or increase demand for parking on streets or private property in the vicinity;
and that the layout of the parking area not impede vehicular ingress or egress from adjacent properties or
upon the public streets
5. That parking waiver (e), under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the approved 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 the use.
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6. That parking waiver (e), under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
7. That parking waiver (e), under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use.
8. That parking waiver (e), under the conditions imposed, will not increase traffic congestion
within the off-street parking areas provided for the use as proposed to be amended.
9. That parking waiver (e), under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the use as
proposed to be amended.
10. That waivers (fl and (g), required screening of non-plant materials and minimum
landscaped setback adjacent to an arterial highway, are hereby approved on the basis that both waivers
were approved in connection with the original approval of this conditional use permit in 1973; and that
granting said waivers, as proposed, will improve the visual character of the site by providing higher quality
perimeter fencing and more landscaping than is currently exists on the site.
11. That there are special circumstances applicable to the property consisting of its shape,
location and surroundings, which do not apply to other identically zoned properties in the vicinity; and
that strict application of the Zoning Code would deprive the property of privileges enjoyed by other
properties under identical zoning classification in the vicinity.
12. That the use, as proposed to be amended and as conditioned herein, will not adversely
affect the adjoining land uses and the growth and development of the area on the basis of the proximity to
other commercial uses and because the existing garden center is currently in operation and the proposed
garden center will be operating in a manner consistent with the existing business.
13. 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 because the use is currently operating
in substantially the same manner as proposed.
14. That the size and shape of the site for the use, as proposed to be amended, is adequate
to allow full development of the proposal in a manner not detrimental to the particular area nor to the
peace, health, safety and general welfare because there is an existing garden center that has been in
operation for 28 years; and that the proposal, which includes expansion of the existing building, will not
effectively expand the present use of the site.
15. That the traffic generated by the proposed construction and use will not impose an undue
burden upon the streets and highways designed and improved to carry traffic in the area.
16. That the use, as proposed to be amended, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located.
17. That the size and shape of the site for the use, as proposed to be amended, is adequate
to allow full development of the proposal in a manner not detrimental to the particular area nor to the
peace, health, safety and general welfare.
18. That the traffic generated by the use, as proposed to be amended, will not impose an
undue burden upon the streets and highways designed and improved to carry traffic in the area
19. That this conditional use permit, as proposed to be amended and under the conditions
imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City
of Anaheim.
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20. That amendment to the conditions of approval, including the imposition of additional
conditions, is reasonably necessary to protect the public peace, health and general welfare, and to permit
reasonable operation under the conditional use permit as granted.
21. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal amend Conditional Use Permit No. 1420 to reconstruct
and expand an existing plant nursery with waivers of maximum fence height, prohibited roof signage,
permitted commercial center identification sign, maximum number of wall signs, minimum number of
parking spaces, required screening of non-plant materials and minimum landscaped setback adjacent to
an arterial highway, on an irregularly-shaped 1.1-acre property having a frontage of 291 feet on the south
side of La Palma Avenue and a maximum depth of 240 feet, being located 690 feet east of the centerline
of Imperial Highway, and further described as 5780 East La Palma Avenue (Armstrong Garden Center);
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 amend Resolution No. PC73-192, adopted in connection with Conditional Use Permit No.
1420, to reconstruct and expand an existing plant nursery; and
BE IT FUF2THER RESOLVED that waivers (a), (c), (e), (~ and (g) are approved; and that
waivers (b) and (d) are denied; and
BE IT FURTHER RESOLVED that the conditions of approval are amended, in their
entirety, to read as follows:
1. That the water back flow equipment shall be above ground and outside the street setback area in a
manner fully screened from all public streets and alleys. Any other large water system equipment
shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or
outside the street setback area in a manner fully screened from all public streets and alleys. Said
information shatl be specifically shown on plans submitted to the Water Engineering and Cross
Connection Inspector for review and approval prior to submittal of plans for building permits.
2. That prior to grading plan approval, the developer shall submit a Water Quality Management Plan
("WQMP") specifically identifying the post-construction best management practices that will be used
on-site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to
the Pu61ic Works Department, Development Services Division, for review and approval (Anaheim
Municipal Code Chapter 10.09 "National Pollution Discharge Elimination System (NPDES)").
3. That the driveway on La Palma Avenue shall be constructed with a 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 the plans submitted for building permits.
4. That all requests for new water services or fire lines, as well as any modifications, relocations or
abandonments of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
5. That because this project has landscaping areas exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed to comply with Chapter 10.19 "Landscape
Water Efficienc~' of Anaheim Municipal Code and Ordinance No. 5349. Said information shall be
specifically shown on the plans submitted for building permits.
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6. That all existing water services and fire lines shall conform to current Water Services Standard
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade and/or to abandon any water service
or fire line.
7. That the legal owner shall provide to the City of Anaheim (Electrical Engineering Division) with an
easement to be determined as electrical design is completed for electrical service lines. Said
easement shall be submitted to the City of Anaheim prior to connection of electrical service.
8. (a) That any required relocation of City of Anaheim electrical facilities shall be at the developer's
expense.
(b) That landscape and/or hardscape screening shall be provided for all pad-mounted equipment.
9. That the developer/property owner shall install PVC or vinyl slats in the existing chain-link fence
located along the south property line adjacent to the horse/bicycle trail. Said information shall be
specifically shown on the plans submitted for building permits.
10. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
11. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved pla_ns on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized
clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be
specifically shown on the plans submitted for building permits.
12. 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.
13. That an on-site trash truck turn-around area shall be provided in compliance with 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 the plans submitted for
building permits. In lieu of providing an on-site trash truck turn-around, the applicant shall submit
proof of a recorded reciprocal access easement for ingress/egress with the property directly to the
west at 5750 East La Palma Avenue.
14. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions 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.
15. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
16. That no 'cornpacY or `small car' parking spaces shall be permitted.
17. That a landscape plan for the entire site, specifying type, size and location of proposed landscaping,
including irrigation facilities, shall be submitted to the Zoning Division of the Planning Department 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. Said information shall be specifically
shown on the plans submitted for building permits.
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18. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dies.
19. That the landscaped setback along La Palma Avenue shall be planted with fourteen (14), minimum
finrenty four (24) inch box sized, trees. Said information shall be specifically shown on the plans
submitted for building permits.
20. That as required by the Urban Forestry Division of the Community Services Department, street trees
(three (3), twenty four (24) inch box sized, Magnolia "Samual Sommer" trees) shall be planted by the
developer/property owner, within the public right-of-way adjacent to La Palma Avenue. Said
information shall be specifically shown on the plans submitted for building permits.
21. 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 6, and as conditioned herein.
22. 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, 5, 7, 9, 11, 12, 13, 14, 17, 19 and 20,
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.
23. That prior to final building and zoning inspections, Condition No. 21, above-mentioned, shall be
complied with.
24. That approval of this application constitutes a~proval of the proposed req.u.est. 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 unless conditions to the contrary are expressly
imposed upon the granting of waiver (e), minimum number of parking spaces, pursuant to the Anaheim
Municipal Code by the Planning Commission or City Council, granting of said waiver shall be deemed
contingent upon operation of the approved use 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 waiver which shall subject said waiver to termination or modification
pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
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
September 23, 2002.
CHAIR SON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
/ ~J !~
SECRETARY, ANAHEI11il CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 23, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
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IN WITNESS WHEREOF, I have hereunto set my hand this d day of
C o , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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