Resolution-PC 2002-39•
RESOLUTION NO. PC2002-39
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04469 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Orange, State
of California, described as:
THE SOUTH 178.00 FEET OF THE WEST 182.00 FEET OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO LOS
COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
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 December 3, 2001, January 14 and February 11, 2002 Planning Commission
meetings; 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 18.03.030.010 and 18.87.020 to permit conversion of a vacant service
station to a full service bakery with a 793 square foot addition.
2. That the proposal, which involves converting a service station building to a non-service
station use, is an unlisted activity that is not specifically permitted in any zone in the city; that an
ambiguity exists regarding the appropriate procedure for authorizing the proposed type of development;
and that, therefore, a conditional use permit has been submitted under authority of Code Section
18.03.030.010 "Unlisted Uses Permitted."
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; and that the proposed expansion,
removal of the existing freestanding sign and new landscaping will result in positive enhancements to the
site, and the proposed use will provide a service to the surrounding community.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and 'nighways designed and improved to carry the traffic in the area because the property
provides adequate ingress/egress from public streets, on-site vehicular circulation, and adequate parking
for customers and employees patronizing the property, and is adequate to allow the development of this
use in a manner which is not detrimental to the area.
5. 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.
6. That one person spoke at the public hearing with concerns regarding the building
elevations, freestanding signs, access, and location of the trash enclosure; that a second person,
representing the West Anaheim Neighborhood Development Counsel (WAND), expressed similar
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concerns; 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 1(Existing Facilities), 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, 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 the hours of operation should be limited to 5 a.m. to 9 p.m. daily.
2. That no alcoholic beverages shall be sold or consumed on the premises.
That all trash generated from this facility shall be properly contained in trash bins contained 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 for by the business owner.
4. That the legal property owner shall provide the City of Anaheim with a public utilities easement to be
determined as electrical design is completed.
5. That any required relocation of City electrical facilities shall be at the developer's expense.
Landscape and/or hardscape screening of all padmounted equipment will be required.
6. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department and in accordance with approved plans on file with said Department.
7. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department for review and approval.
8. That an on-site trash truck turnaround shall be provided in conformance with Engineering Standard
Detail No. 610 and shall be shown on plans required by the Department of Public Works, Street
Sweeping and Sanitation Division. Said information shall be specifically shown on the plans
submitted for building permits.
9. 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 location. Subject property shall thereupon be
deveioped and maintained in conformance with said pians.
10. That the driveways shall be reconstructed with ten (10) foot radius curb returns as required by the
City Engineer and in conformance with Engineering standard No. 137. Said information shall be
specifically shown on the plans submitted for building permits.
11. 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 approved by the City Engineer and
recorded in the Office of the Orange County Recorder.
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12. That no outdoor storage, display or sale of any merchandise or fixtures shall be permitted.
13. That no shopping carts, video, electronic or other amusement devices or games shall be permitted in
conjunction with this bakery.
14. That prior to commencing operation of this business, a valid business license shall be obtained from
the Business License Division of the City of Anaheim Finance Department.
15. That all fixtures, displays, merchandise and other materials shall be set back a minimum of three (3)
feet from all window areas. Said information shall be specifically shown on the plans submitted for
building permits.
16. That no roof-mounted balloons or other inflated devices shall be permitted.
17. That four (4) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or
properties. Said information shall be specifically shown on plans submitted for review and approval
by the Police Department, Community Services Division. Said information shall be specified on the
plans submitted for building permits.
18. That any existing or proposed roof-mounted equipment shall be subject to the screening
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 Zoning and
Building Division approval.
19. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
20. 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.
21. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernable 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 any off-site windows. Said information shall be specifically shown on plans
submitted for Police Department, Community Services Division, approval.
22. That upon conclusion of remediation activities (associated with the previous service station use of
this building and property), all remediation equipment shall be removed; and plumbing or other
similar pipes and fixtures located on the exterior of the building shall be removed. Said information
shall be specifically shown on the plans submitted for building permits.
23. That any public telephones proposed on-site shall be located inside the bakery.
24. That a final landscaping and irrigation pian for subject property showing piant type, size and iocation
(including minimum twenty four inch (24") box sized trees) shall be submitted to the Zoning Division
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.
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 the landscape planters shall be permanently maintained with live and healthy plants.
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27. That one (1), five (5) foot by five (5) foot, tree well shall be installed adjacent to Nutwood Street with
a twenty four inch (24") box sized Melaluca quinquenervia tree as specified on the plan in
compliance with the City of Anaheim Tree Planting Specifications. Plans shall be provided to the
Urban Forestry Division of the Community Services Department for review and approval.
28. That since this project has a landscaping area 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; and that this information shall be specified on the plans submitted for building permits.
29. That all requests for new water services or fire lines, as well as any modifications, relocations or
abandonment of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
30. That on-site tables or seating areas for the consumption of food shall be limited to ten (10) seats.
31. That no exterior vending machines shall be permitted that would be visible off-site.
32. That signage for subject facility shall be limited to that shown on the exhibits submitted by the
petitioner and approved by the Planning Commission; and that the existing freestanding sign shall
be removed. Said information shall be specifically shown on the plans submitted for building
permits. Any additional signs shall be subject to approval by the Planning Commission as a
"Reports and Recommendations" item.
33. That the building wall surfaces shall be enhanced with additional architectural features, such as
stucco wall pop-outs, columns, pediments, tile motifs, color variety and/or other similar elements.
Said information shall be specifically shown on plans submitted to the Zoning Division and shall be
subject to the review and approval of tne Planning Commission as a"Reports and
Recommendations" item.
34. That the owner of subject property shall submit a letter to the Zoning Division requesting termination
of Conditional Use Permit No. 839 (to permit an automobile service station within 75 feet of a single-
family residential zone and at the intersection of a primary and a collector street) and Conditional
Use Permit No. 3718 (to permit an independent automobile repair facility in conjunction with an
existing gasoline sales facility with waiver of minimum landscaping required at street frontages and
minimum landscape requirements adjacent to interior property boundaries).
35. 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 7, and as conditioned herein.
36. 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. 4, 7, 8, 9, 10, 11, 15, 17, 18, 21, 22, 24, 27, 28, 32,
33 and 34, 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.
37. That prior to final building and zoning inspections, Condition Nos. 6, 14 and 35, above-mentioned,
shall be complied with.
38. 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.
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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 pa~t 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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CHAIRPER N, ANAHEIM CITY P NNING COMMISSION
ATTEST:
..~ ~~o~y~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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 Pla~ning
Commission held on March 11, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
iVOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ s?~ day of
~G~/C~ , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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