Resolution-PC 2004-64~ ~
RESOLUTION NO. PC2004-64 _
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONALUSE PERMITNO. 2004-04848 BE GRANTED
(1685 SOUTH MANCHESTER AVENUE}
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:
PARCEL 1; THOSE PORTIONS OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE NORTH HALF
OF THE NORTHEAST QUARTER OF SAID SOUTHEAST' QUARTER OF SECTION 22,
TOWNSHIP 4 SOUTH, RANGE 10 WEST,' IN THE RANCHO SAN JUAN CAJON DE
' SANTA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS,
_ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING
SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE
_ DEED TO`THE STATE OF CALIFORNIA; RECORDEDAUGUST 30, 1950 IN BOOK 2064,
PAGE 264, OF OFFICIAL RECORDS, ORANGE COUNTY, CALIFORNIA, AND THE
NORTHWESTERLY PROLONGATION THEREOF.
EXCEPT THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF
THE LAND DESCRIBED IN THE DEED TO THE STATE OF "CALIFORNIA RECORDED
OCTOBER 29, 1979 IN BOOK 13372, PAGE 236 OF OFFICIAL RECORDS, ORANGE
COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 2, 2004 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 said public hearing was continued to
the June 14, 2004 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 Section Nos. 18.48.020.050.0505 and 18.48.070.050.0511 to permit office uses in
an existing legal nonconforming industrial building to include 55,176 square feet of office uses for the
Department of Immigration and Naturalization Services in addition to retaining 12,664 square feef of
storage/warehouse area with waiver of the following:
(a) SECTION NOS. 18.06.050.020.0212 Minimum Number of Required Parkinq spaces
And 18.06.050.030.031 (240 spaces required; 232 spaces proposed)
2. That the proposed use is located in the C-R District (Development Area 1) of the Anaheim
Resorf Specific Plan No. 92-2.
3. That the petitioner submitted a Parking Study prepared by Traffic Safety Engineers dated June
3, 2004 to substantiate the requested waiver, and that the Traffic and Transportation Manager has reviewed
and approved the Parking Study and concurred with the conclusion that 232 on-site parking spaces are
sufficient to meet the needs of this specific proposal.
4. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking
spacesto be provided for such use than the number of such spaces necessary to accommodate all vehicles
attribufable to such use under the normal and reasonable foreseeable conditions of operation of such use.
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Since the approved parking study indicates that the peak parking demand for the full office use of the
building is projected to be 154 spaces, which'is lower than the 232 proposed parking spaces. Therefore, the
project will not cause fewer off-street parking spaces to be provided for such use than the number of such
spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable
- foreseeable conditions of operation of such use.
5. That the waiver, under'the conditions imposed, if any, will not increase the demand and
compefition for parking spaces upon the public streets in the immediate vicinity of the proposed use as the
approved Parking Study indicates that the proposed project will not increase the demand and competition for
parking spaces upon the public streets in the'immediate vicinity of the proposed project as the exisfing
parking-lot will be able to accommodate the proposed office parking demands (the peak parking demand for
the site is 154 spaces, which is lower than the 232 parking spaces proposed). Further, on-street parking is
not permitted on Manchester Avenue the public street adjacent to the subjecf property. .
6. That the waiver, under the conditions imposed, if any, will nof increase the demand and
competition for parking spaces upon.adjacent private property in the immediate vicinity of the proposed use.
The approved Parking Study indicates that the proposed project will not cause any demand for parking on
private property in the vicinity of the proposed use as the subject site has an ingress and egress easement
with the property to the north. furthermore, there is no reason to encroach in other parking facilities because
the peak parking demand of 154 parking spaces is lower than the 232 parking spaces proposed.
7. That the waiver, under the conditions imposed, if any, will not increase traffic congestion within
the off-street parking areas or lots provided for such use. The approved .Parking Study indicates that traffic
. congestion will not occur within the off-street parking areas, as the existing spaces would more than
accommodate the projected peak parking demand of 154 parking spaces. Further, a shared driveway from
Manchester Avenue currently serves the existing building and the adjacent property to the north.
8. 7hat the waiver, under the conditions imposed, if any, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the project as the subject
site has an ingress and egress easement with the property to the north. Furthermore, there is no reason to
encroach into other parking facilities because the parking lot provides ample parking as indicated in the
parking analysis.
9. ' That, as conditioned herein, the proposed office use in a legal non-conforming industrial
building will not adversely affect any adjoining land uses or the growth and developmenf of the surrounding
area.
10. That the size and shape of the property is adequate fo allow full development of the proposed
use, including approval of the waivers, in a manner which is not detrimental to the particular area nor to the
peace, health, safety, and general welfare of the surrounding area or citizens of the City of Anaheim.
11. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit office uses in an existing legal nonconforming industrial
building for the Department of Immigration and Naturalization Services with waiver of the minimum number
of parking spaces on a rectangular-shaped 4.3-acre parcel and does hereby find that a Mitigated Negative
Declaration is adequate to serve as the required environmental documentation in connection with this
request upon finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the Mitigated Negative Declaration together with any comments received during the public review
process and further finding on the basis of the initial study that there is no substantial evidence, with the
imposition of mitigation measures contained in Mitigation Monitoring Plan No. 066 and the recommended
conditions of approval, 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 UsePermit, upon the following conditions which are hereby
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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:
1,. That the property owner/developer shall be responsible for compliance with all of the mitigation
` measures set forth in Mitigation Monitoring Plan No.-066 for this project which incorporates those
mitigation measures included in the Anaheim Resort Mitigation Monitoring Program No. 0085 that are
applicable to the project, and for complying with the monitoring and reporting requirements established :
by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the
property owner/developer shall be responsible for any direct costs associated with the monitoring and
reporting requirements to ensure implementation of those mitigation measures identified in Mitigation
' Monitoring Plan No. 066, which is made a part of these conditions of approval by reference.'
2. That all uses shall be conducted indoors, with no outdoor areas used as waiting areas and that the
parking lot shall onlybe used for parking and circulation; not usesrelated to the offices ,
3. That Conditional Use Permit No. 2004-04848 shall expire (15) years from the date of this resolution, on
June 14; 2019.
-4. That there shaU be a security guard provided on-site during the hours of operation of the INS facility.
5. That a covenant shall be recorded on the subject property (imiting the use of the building for INS office
uses for a period up to fifteen years. Any other proposed Use of the building for another type of office
\ use shall be subject to the approva! of a separate Conditional Use Permit: The covenant shall be
reviewed and approved by the City Attorney's Office and shall be recorded in the Office of the Orange
County Recorder, a copy of which shall be submitted to the Planning Department.
6. That the applicant shall submit a street improvement plan to the Public Works Department,
Development Services Division to construct a six-foot wide sidewalk (no trees, no parkway) between
the existing curb and right-of-way along Manchester Avenue. No additional right-of-way dedication is
required. A bond shall be posted in an amount approved by the City Engineer and a form approved by
the City Attorney prior to issuance of a building permit. A Right of Way Construction Permit shall be
obtained from the Development Services Division for all work performed in the right-of-way. The
improvements shall be constructed prior to first final building and zoning inspection or commencement
of the use whichever occurs first.
7. That prior to final building and zoning inspections, a licensed landscape architect shall provide a letter
to the Planning Department certifying that all landscaping and irrigation Systems have been installed in
accordance with landscaping plans approved in connection with Conditional Use Permit No. 2004-
04848.
8. That sweeping operations in the parking lot shall be performed utilizing sweeping/scrubbing equipment
which operate at a level measured not greater than 60dBA at the nearest property line.
9. That on-going during project operation, the property owner/developer shall be responsible for the
removal of any on-site graffiti within 24 hours of its application.
10. That adequate lighting of parking lots, shipping and receiving areas, driveways, circulation areas,
aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of
sufficient wattage to provide adequate illumination to make clearly visible the presence of any person
on or about the premises during the hours of darkness and provide a safe, secure environment for aU
persons, property and vehicles onsite. All proposed surface parking area lighting fixtures shall be
down-lighted and all lighting fixtures shall be shielded to direct lighting toward the area to be
illuminated and away from adjacent hotel property lines. Such information shall be specifically shown
on the plans submitted for building permits.
~ 1. That a comprehensive security alarm system shall be provided for the perimeter buifding and access
route area.
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12 Thatthe property shall payany required fees for electrical service change or upgrade.
13. That any required relocation of City Electrical Facilities would be at the property owner/developer
expense. Landscape screening of all pad-mounted equipment shall be provided outside the easement
area of the equipment.
14. That trash storage areas shall be provided and maintained as indicated on the plans for Conditional
UsePermit No. 2004-04848 and in accordance with approved plans on file with said Streets and
Sanitation Department. . Such information shali be specifically shown on the plans submitfed for
building permits.
15. That the building shall be equipped with an alarm system (silent or audibte).
16. That a Burglary/Robbery Alarm permit appiicafion, Form APD 516 shall be obtained from the Police
Department.
17. That'address numbers (a minimum height of 12 inches) as to be readily readable from the street shall
be provided. The numbers should be illuminated during hours of darkness.
' 18. That rooftop address numbers a minimum of 4 feet in height and 2 feet in width with the line of the
numbers a minimum of 6 inches thick with numbers spaced 12 inches to 18 inches apart'shall be
provided. The numbers should face the street to which the structure is addressed.
19. That the building shall have clearly marked doors with numbers corresponding to the alarm zones, if
any.
20. That all exterior doors shall have adequate security hardware (i.e., deadbolt locks).
21. That all overhead roll-up doors shall be secured on the inside so that the lock cannof be defeated from
the outside and shall be secured with a cylinder fock or padlock from the inside.
22. A knox box shall be installed at hatchway on the roof to allow Police/Fire access to the interior of the
complex.
23. Signs and the building address shall be well lighted during hours of darkness.
24. That all exterior doors shall have their own light source which shall adequately illuminate door areas at
all hours to make clearly visible the presence of any person on or about the premises and provide
adequate illumination for persons exiting the building.
25. That prior to final building and zoning inspections, a separate water meter shall be installed for
landscaping on all projects where the landscape area exceeds 2,500 square feet in accordance with
Ordinance No. 5349.
26. That fire hydrants (including the existing fire hydrant that will need to be moved with the installation of
the 6-foot wide sidewalk) shall meet minimum Fire Department Specifications and Requirements for
spacing, distance to structure and available fire flow.
27. That aU requests for new water service 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 Departmenf.
28. That all existing water services and fire lines shall conform to 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 necessary or 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.
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29. That prior to application for water meters, fire line or submitting the water improvement plans for
approvat, the property owner/developer shall submit to the Public Utilities Water Engineering an ,
estimate of the maximum fire flow rate and 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 wafer system improvements required to serve the
project shall be done in accordance with RuleNo. 15A.6 of the Water Utility Rates, Rules, and
' Regulations.
30. 7hat all existing walls, chain link fences and trash enclosure walls shall be planted with Vines to reduce
graffiti opportunities:
31. That landscaping shall be of the type and situated in locations to maximize security observation while'
providing the desired degree of aesthetics. Security planting materials are encouraged along fence
and property lines and under vulnerable windows.
32. That all backflow equipment shall be iocated above ground outside of the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
Shalf b~ bfOUght Up t0 CUrf ent standards. Any other large water system equipment shall be install2d to
the satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all public streefs by landscaping. Said information shall
be specifically shown on plans and approved by Water Engineering, Cross Connection Control -
Inspector and Planning Department before submittal for Building Permits.
33. That No Trespassing 602Q) P.C, shall be posted at the entrance of the parking lot (outside of any
required setback area) and located in other appropriate places. Signs must be at (east 2' X 1' in
overall size, with white background and black 2" lettering.
34. That the entrance to the parking lot shall be posted with appropriate signs per 22658(a) C.V,C. (outside
of any required setback area), to assist in removal of vehicles at the property owners/managers
request.
35. That all parking lots shall include controlled access points to limit ingress and egress.
36. That gates shall not be installed across any driveway in a manner, which may adversely affect vehicular
traffic on the adjacent public street. Installation of any gates shall conform to the Engineering standard
Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation
Manager prior to issuance of a building permit.
37. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knock box" devices
as required and approved by the Fire Department.
38. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval
in conformance with the current version of Engineering Standard Plans Nos. 436, and 601/602
pertaining to parking standards and driveway location. Subject property shall thereupon be developed
and maintained in conformance with said plans.
39. That due to the change in use and/or occupancy of the building, plans shall be submitted to the Building
Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform
Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The
appropriate permits shall be obtained for any necessary work.
40. 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 4 and as conditioned herein.
4~ . That within one (1) year from the date of this decision or prior to issuance of a building permit,
whichever occurs first, Conditions Nos. 5, 6, and 41 above-mentioned shall be complied with.
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Extensions for further time to complete said conditions may be granted in accordance with Section
18.030.090 of the Anaheim: Municipal Code,
42. That prior to issuance of a building permit or commencement of the activity authorized by this
resolution, Condition Nos. 1, 5, 6, 10, 11, 14, 15, 17, 18, 20, 22, 34, 35, 38 and 39, 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 Municipa! Code.
43.< 7hat prior to final building and zoning inspections Condition Nos. 6, 7, 16, 25, 26, 30, 34, and 37,
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.
, 44. That on-going during operation of the Department of lmmigration and Naturalization Services facility
Condition Nos. 2, 4, 8 and 9 shall be complied with. :
45. That the granting of the parking waiver shall be contingent upon operation of such 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 variance. 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 variance which shall subject said
variance to termination or modification pursuant to the provisions of.Section Nos. 18.03.091 and
18.03.092 of the Anaheim Municipal Code. '
46. 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.
47. That employee parking shall be located at the rear of the building and that the gate to the rear parking
lot shall remain open during business hours.
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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 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
June 14, 2004. Said resolution is subject to the appeal provisions sef forth in Chapter 18.03, "Zoning
Provisions - General" of the Anaheim Municipal Code pertainin to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeaL
.
AIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~~-~.~-~.~ / i~7'1s+~
SENIOR SECRETARY, ANAHEIM CITY PLANNiNG COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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' I, Eleanor Morris, 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 June 14, 2004, by the following vote of the members.thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL,ROMERO,
~ VANDERBILT-LINARES
NOES: COMMlSSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this ~o~g~~" day of
u ~e, , 2004.
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c.'. /~Z ~.J"til~t~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION