Resolution-PC 2003-154. •
RESOLUTION NO. PC2003-154
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04791 BE GRANTED
WHEREAS, the Anaheim Ciry Planning Commission did receive a verified Petition for
Conditionaf Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of
California, described as:
THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE ClTY OF ANAHEfM,
COUNTY OF ORANGE, STATE OF CALIFORNfA, AS SHOWN ON A MAP OF SURVEY
BY WILLIAM HAMEL. A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164
INCLUS{VE OF LOS ANGELES COUNTY MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 25
WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO.
2757, AS SHOWN ON A MAP RECORDED IN BOOK 108, PAGES 28 AND 29 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE
NORTH 74° 27' 45" EAST PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 25 A
DISTANCE OF 320.00 FEET; THENCE SOUTH 15° 32' 15" EAST ALONG A LINE
PARALLEL WIT THE WESTERLY LINE OF SAID LOT 25,185.16 FEET; THENCE
NORTH 74° 27' 45" EAST, 192.43 FEET; THENCE SOUTH 0° 05' 15" EAST 72.62 FEET;
THENCE SOUTH.W~ST_EEtLY,_ SQUT.H_ 74° 27' -45" W~S~,- 193~09 F~~T; T~tENCE -
SOUTHEASTERLY ALONG A LINE PARALLEL WITH SAID WESTERLY LINE OF SAID
LOT 25 SOUTH 15° 32' 15" EAST 134.26 FEET TO THE TRUE POINT OF BEGCNNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 17, 2003 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
18.43, 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 Section 18.44.050.135 to wit: to establish a commercial retail center with the
addition of a third retail tenant space to an existing commercial building.
2. That the proposed business is consistent with the Regional Commercial designation for
this site as described in the redevelopment plan for the Commercial/Industrial (South Anaheim Boulevard
Area} Redevelopment Project Area.
3. That the proposed addition will not adversely affect the adjoining land uses an~ future
growth and development of the surrounding area in which it is located.
4. That, as conditioned herein, 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 particular area Ror to
the peace, health, safety and general welfare.
5. That granting this conditional use permit, under the conditions imposed, witl not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
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6. 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.
7. That no one indicated their presence at the public hearing in opposition to the request; 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, 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 preseroe the
safety and general welfare of the Citizens of the City of Anaheim:
1. That the Petitioner shall submit a coordinated master sign program for the entire site to the Zoning
Division for review and approval. Said program shall include removal of advertising for `Hahm' from
the existing monument sign on Ball Road. Any decision made by the Zoning Division regarding said
plan may be appealed to the Planning Commission as a`Reports and Recommendations' item.
2. That the petitioner shall submit a final landscape plan to the Zoning Division for review and approval.
Said pian shall include planting additional evergreen trees within the existing landscaped areas along
Ball Road and Anaheim Boulevard and within interior parking areas, and shall provide sufficient
p.lan.ter area for ihe._tre.Ilis.structuKes- proposed for the west building waU-.o~th~-new tenant spac~-in
compliance with Code. Said plan shall demonstrate that the interior parking lot landscaping and
perimeter landscaping along Clifton Avenue shall be refurbished (i.e., replacing dead trees, pruning
and weeding), and shall also demonstrate how pedestrians will circulate from the rear (north) of the
retail building to the store entrances facing Ball Road. The plan shall include details such as sidewalk
locations and directional signage. Any decision by the Zoning Division may be appealed to the
Planning Commission as a`Reports and Recommendation' item.
3. That if additional electrical service is required to be provided to the property, the property
owner/developer shall provide the City of Anaheim with a public utilities easement to be determined as
electrical design is completed.
4. That any required relocation of City electrical facilities shall be at the developer's expense.
5. That the locations for future above-ground utility devices including, but not limited fo, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for buifding permits. The 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 review and approval by the appropriate City departments.
6. That the legal owner of subject property shall provide the City of Anaheim with a public utilities
easement along/across primary cable underground and around the pad-mounted transformers.
7. That any required relocation of City electrical facilities shall be at the property owner's expense.
Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
outside the easement area of the equipment. Said information shall be specifically shown on the
plans submitted for building permits.
8. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with Engineering Standard Nos. 436 and 601/602 pertaining to parking
standards and driveway location. The site shall be developed and maintairred in conformance with
said plans.
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9. That the trash enclosure gates shall be painted and the trash storage areas shall be refurbished ta
comply with approved plans on file with Public Works department. Said information shall be specifically
shown on plans submitted to the Public Works Department, Streets and Sanitation Division, for review
and approval.
10. That the property owner shall be required to implement appropriate non-structural and structural Best
Management Practices ("BMPs") (which may be found online at CAMBMPhandbooks.com). The
selected BMPs shalt be reviewed and approved by the Public Works Department, Development
Services Division, and shall be implemented and maintained to minimize the introduction of pollutants
to the storm water drainage system.
11. That the legal property owner shall submit an application for a Lot Line Adjustment to the Public
Works Department, Development Services Division. The Lot Line Adjustment shall be approved by
the City Engineer and recorded in the Office of the Orange County Recorder.
12. That prior to issuance of a grading permit, the City of Anaheim Storm Drain Impact and Improvement Fee
for the South Central Area shall be paid. The current fee is twenty two thousand five hundred nine dollars
per net acre ($22,509/net acre). The project architect or engineer shall document the existing impervious
area and the proposed impervious area. If the impenrious area remains the same or decreases, no fee is
due. If the impervious area increases, the fee shall be proportional to the increase.
13. That all backflow equipment shall be located above ground and outside the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall-be brought up to c~r-ren# sta~da~ds: ~#ny othe- r large wateK system equipment shall-be-iFlSta4led 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 shalf be
specifically shown on plans submitted to the Water Engineering and Cross Connection Control
Inspector for review and approval.
14. That all requests for new water senrices or fire lines, as well as any modifications relocation or
abandonment of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
15. That all existing water services and fire lines shall conform to the Current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use is proposed and deemed necessary, or shall be abandoned if the existing
service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
16. That the Petitioner shall file an emergency listing card, Form APD-281, with the Anaheim Police
Department, which form is available at the Police Department front counter.
17. That prior to commencing operation of any new business at this location, a valid business license shall
be obtained from the City of Anaheim Business License Division.
18. 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.
19. That no convenience market and/or refail sale of alcoholic beverages shall be permitted on this site
unless a separate conditional use permit is submitted to and approved by the Planning Commission.
20. That no video, electronic or other amusement devices shall be permitted on the premises.
21. That any public telephone shall be located inside a building.
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22. 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. _
23. 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.
24. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
25. That no outdoor vending machines which are visible off-site shall be permitted on the property.
26. 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 from the streets or adjacent
properties. Said information shall be specifically shown on the plans submitted for building permits.
27. That no outdoor storage shall be permitted on the property.
28. 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 permitted roof-mounted
mechanical/utiliry equipment in the "CL(SABC)" (Commercial, Limited - South Anaheim Boulevard
Corridor) Zone.. .Said_inform~ation.shall be specificallysho-wn_on the plans subm.itted_fo~building
perm its.
29. That the number of tenant spaces in this commercial retail center shall be limited to three (3). Said
information shall be specifically shown on the plans submitted for building permits.
30. 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
readi4y 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.
31. That an on-site trash truck turn-around area shall be maintained in compliance with Engineering
Standard Detail No. 610 and to the satisfaction of the Public Works Department, Streets and
Sanitation Division.
32. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use.
33. That the legal property owner shall submit a letter to the Zoning Division requesting termination of the
following petitions:
• Conditional Use Permit No. 749 (permitting used car sales and new car storage, including all
uses incidental, and to permit encroachment in the "PL" Parking Landscaping Zone); and
• Conditional Use Permit No. 2509 (permitting an automotive dealership with waiver of minimum
landscape setback);
• Conditional Use Permit No. 3772 (permitting a tour bus terminal including the storage and
maintenance of buses and administrative offices);
• Variance No. 2164 (waiver of maximum sign height within 300 feet of residential uses).
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34. That subject property shall be developed substantially in acco.rdance with plans and specifications
submitted to the City of Anaheim by the Petitioner and which pfans are on file with the Planning
Department marked Exhibit Nos. 1, 2, and 3, and as conditioned herein.
35. That prior to issuance of a building permit, or prior to commencement of the activiry herein approved,
or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition
Nos. 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 26, 28, 29 and 33, above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with
Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits,
Variances and Administrative Adjustments) of the Anaheim Municipal Code.
36. That prior to final building and zoning inspections or prior to commencement of the activity herein
approved, whichever occurs first, Condition Nos. 16, 17 and 34, above-mentioned, shall be complied
with.
37. 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 applicanYs cornpliance
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 ludgmeni of any_c.ourt of competent jurisdictionr then this _
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the P~lanning Commission meeting of
November 17, 2003. / , ~ ,~ ,~
PERSON, ANAHEIM CITY PLANNING COMMISSION
A
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALfFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior 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 November 17, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: BOSTWICK
ABSENT: COMMISSIONERS: FL.ORES
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of~
>
2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION