Resolution-PC 2002-33.
RESOLUTION NO. PC2002-33
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04489 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:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA,
AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTH
0° 53' 45" WEST 203.00 FEET ALONG THE EAST LINE OF SAID SECTION;
THENCE WESTERLY 326.67 FEET PARALLEL WITH THE SOUTHERLY LINE OF
SAID SECTION; THENCE SOUTH 0° 53' 45" EAST 203.00 FEET TO SAID
SOUTHERLY LINE; THENCE EASTERLY 326.67 FEET ALONG SAID SOUTHERLY
LINE TO THE POINT OF BEGINNING.
EXCEPT THE WEST 108.00 FEET OF THE EAST 326.67 FEET OF THE SOUTH
203.00 F~~T OF SECTIO~I 2, T~WNSHIP 4 SOUTH, -RANGE 10 WEST, 1.N THE
RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED
IN BOOK 51 PAGE 10 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 11, 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 that the hearing was
continued from the Planning Commission meetings of January 14, January 28 and February 11, 2002;
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 18.44.050.135 and 18.01.040 to construct a five-unit commercial retail
center.
2. That following advertising this conditional use permit for consideration at a pubiic hearing,
the petitioner reduced the proposed number of tenant spaces from five to three, as illustrated on the
revised Exhibit Nos. 1 and 2(the site plan and the floor plan).
3. That, as conditioned herein, the proposed commercial retail center will not adversely
affect the adjoining commercial and residential 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 commercial retail center 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; and that no waivers of Code requirements were requested.
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5. That the trafFic generated by the proposed 3-unit commercial retail center will not impose
an undue burden upon the streets and highways designed and improved to carry the traffic in the area;
and that adequate parking is provided and there are sufficient driveways to serve the site.
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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 3, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, TNEREFORE, 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 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 plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to be
readily identifi-abl~ from adjacent s#reets or-highways. The walls of the storage areas 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.
2. 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.
3. 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.
4. 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
601/602 pertaining to parking standards and driveway locations. Subject property shall thereupon
be developed and maintained in conformance with said plans.
That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 369 (to construct a service station and family type restaurant),
Conditional Use Permit No. 1502 (to permit trailer and truck rentals in conjunction with an existing
service station with waivers of a required block wail and permitted display area), and Administrative
Adjustment No. 79 (waiver of structural setback adjacent to an arterial highway to construct a free-
standing canopy).
6. That the legal owner of subject property shall provide the City of Anaheim with a public utilities
easement along/across primary underground cable and around the pad-mounted transformers.
7. That all required relocations of electrical poles shall be paid by the property owner/developer.
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8. 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 storm
water runoff. The WQMP shall be submitted to the Public Works Department, Development
Services Division, for review and approval.
9. That the developer shall irrevocably offer to dedicate fifty three (53) feet of right-of-way from the
centerline of State College Boulevard and fifty three (53) feet of right-of-way from the centerline of La
Palma Avenue. Required setbacks shall be maintained from the ultimate-right-of-way.
10. That the developer shall submit street improvement plans for the widening of State College
Boulevard and La Palma Avenue in accordance with the Circulation Element of the General Plan.
Street improvement plans shall be prepared by a Registered Civil Engineer and submitted for review
and approval by the City Engineer, and surety bonds shall be posted to insure completion of these
improvements.
11. That the developer shall submit an application for a Subdivision Map Act Certificate of Compliance.
The certificate shall be recorded prior to issuance of building permits.
12. That the developer shall pay the sewer deficiency fee of seven hundred seventy one dollars
($771.00) based on one hundred thirty seven dollars ($137.00) per every one thousand (1,000)
square feet of new construction.
13. That all backflow equipment shall be located outside the required street setback in a manner fully
screened from all public streets. Any backflow assemblies currently installed in a vault shall be
brought_up to current standards. Any other large water system equipment shall be installed to the
satisfaction of the Water Engineering Division in either underground vaults or outside the required
street setback in a manner fully screened from all public streets and alleys. Said information shall be
specifically shown on plans submitted to and approved by the Water Engineering Division and the
Cross Connection Control Inspector.
14. That since this project has landscaping areas exceeding finro thousand five hundred (2,500) square
feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 "Landscape
Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349 regarding water
conservation. Said information shall be specifically shown on the plans submitted for building
permits.
15. That the property owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering
Division) a twenty (20) foot wide easement for water service mains and/or an easement for large
meters and other public water facilities.
16. That landscaping shall be provided around the above-ground large meter or fire line to visually shield
it from the street. Said information shall be specifically shown on the plans submitted for building
permits.
17. That no convenience market and/or retail sale of alcoholic beverages shall be permitted unless a
sepaEate conditional use permit is first approved by the Pianning Commission or City Councii.
18. That no video, electronic or other amusement devices shall be permitted on the premises.
19. That all public phones shall be located inside the buildings.
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20. That all trash generated from this commercial retail center shall be properly contained in trash bins
located within approved trash enclosures. The number of bins shall be adequate and the trash pick-
up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse
from the property. The Code Enforcement Division of the Planning Department shall determine the
need for additional bins or additional pick-up. All costs for increasing the number of bins or
frequency of pick-up shall be paid by the business owner(s).
21. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dies.
22. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
23. That no outdoor vending machines, which are visible to the public right-of-way, shall be permitted on
the property.
24. That four (4) foot-high street address numbers shall be displayed on the roof of the building in a
color that contrasts with the roof material. The numbers shall not be visible to adjacent streets or
properties. Said information shall be specifically shown on the plans submitted for building permits.
25. That roof-mounted equipment shall be screened from view in accordance with the requirements of
Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone.
Said information shall be specifically shown on the plans submitted for building permits.
26. That all driveways shall be constructed to accommodate ten (10) radius curb returns in conformance
with Engineering Standard No. 137. Said information shall be specifically shown on the plans
submitted for building permits.
27. That no "compacY' or "small car" parking spaces shall be permitted.
28. 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.
29. That signage for subject commercial retail center shall be limited to that which is shown on the
exhibits submitted by the petitioner and approved by the Planning Commission. Further, no signs
shall be permitted on the west elevation. Any additional signse shall be subject to review and
approval by the Planning Commission as a"Reports and Recommendations" item.
30. That final sign plans shall be submitted to the Zoning Division for review and approval. Said plans
shall incorporate architectural enhancements to the monument sign shown on Exhibit No. 5 that are
complementary to the design of the building, provide sign area for only three (3) tenants, and
incorporate an eighteen inch (18") high base and include nine inch (9") high address letters. Any
decision made by staff regarding said sign plans may be appealed to the Planning Commission as a
"Reports and Recommendation" item.
31. That no outdoor storage shall be permitted on the premises.
32. That final landscape plans shall be submitted to the Zoning Division of the Planning Department for
review and approval. Said plans shall specify a shrub/small planUvines buffer along the west
building elevation. A minimum of eight (8) trees are required adjacent to La Palma Avenue and nine
(9) trees adjacent to State Coflege Boulevard. All trees shall be minimum twenty four inch (24") box
sized. Any decision made by staff regarding said final landscape plans may be appealed to the
Planning Commission as a"Reports and Recommendations" item.
33. That the number of tenant spaces for this commercial retail center shall be limited to three (3).
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34. That general retail uses (which require a minimum of five and five tenths (5.5) parking spaces per
one thousand (1,000) square feet of gross floor area) for the commercial building shall be limited to
three thousand one hundred twenty nine (3,129) square feet. The remaining two thousand five
hundred (2,500) square feet shall be occupied by use(s) requiring five (5) or fewer parking spaces
per one thousand (1,000) square feet.
35. That, if required by the Urban Forestry Division of the Community Services Department, street trees
shall be installed by the property owner/developer within the public right-of-way adjacent to La
Palma Avenue and State College Boulevard. The size, type and number of trees shall be provided
to the satisfaction of the Urban Forestry Division.
36. 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 Revision No. 1 of Exhibit Nos. 1, 2 and 3, and Exhibit No. 5, and as conditioned
herein. (Note: Exhibit No. 4`7andscape plan" is included on Revision No. 1 of Exhibit No. 1"site
and landscape plan.')
37. That the off-site two (2) foot wide landscape planter located to the west of the proposed commercial
building shall be continuously maintained in conformance with the approved exhibits.
38. That prior to issuance of a building permit for the first tenant space or within a period of one (1) year
from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 8, 9, 10, 41,
12, 13, 14, 15, 16, 24, 25, 26, 30 and 32, 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.
39. That prior to final building and zoning inspections, Condition Nos. 35 and 36, above-mentioned, shall
be complied with.
40. 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
March 11, 2002.
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CHAIRP ON, ANAi-iEii CI PLANi+11NG C01i1iV11SSiON
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNT~I OF ORANGE ) ss.
CITY OF ANAHEIM )
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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 March 11, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this o2 J~~~ day of
~Gt/f~ , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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