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RESOLUTION NO. PC2004-65
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITlONS OF APPROVAL OF
RESOLUTION NO. PC2003-154 ADOPTED IN CONNECTION W ITH
CONDITIONAL USE PERMIT NO. 2003-04791
(1126 SOUTH ANAHEIM BOULEVARD)
WHEREAS, on November 17, 2003, the Anaheim Cify Planning Commission did, by
Resolution No. PC2003-154, grant Conditional Use Permit No. 2003-04791 to establish a commercial retaii
center with the addition of a third retail tenant space to an existing commercial building.
WHEREAS, Resolution No. PC2003-154, adopted in connection with subject use permit
includes the following conditions of approvaL -
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.
34. That subject propertyshall 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,'2, and 3, and as conditioned herein.
WHEREAS, the petitioner has requested to amend said conditions of approval and amend
exhibits to subdivide a previously-approved tenant space into two tenant spaces (for a total of four) wifhin a
previously-approved commercial retail center.
WHEREAS, this property is currently developed with two buildings (one building occupied by
Shoe City and one building occupied by Hahm Motorsports), the underlying zoning is CL (SABC)
(Commercial, Limited; South Anaheim Boulevard Corridor Overlay); the Anaheim General Plan designates
this property for General Commercial land uses; and this property is located within the Commercial/Industrial
Redevelopment Project Area (South Anaheim Boulevard Area), which designates the site for Regional
Commercial land uses; and is situated in the City of Anaheim, County of Orange, State of California,
described as:
THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY
BY WILLIAM HAMEL. A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164
INCLUSIVE OF LOS ANGELES COUNTY MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT THE 1NTERSECTION 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" EAS7 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 FEEl'; THENCE
SOUTHWESTERLY, SOUTH 74° 27' 45" WEST, 193.09 FEET; THENCE
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 BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 14, 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; t0
CR\PC2004-065 -1- PC2004-65 ~
(TRACKINGNO, CUP2004-04851)
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hear and consider evidence for and against said proposed amendment and to investigate and make findings : °
and recommendations in connection therewith; and
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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 is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section 18.44.050.135 to wit: to subdivide a previously-approved tenant space into two
tenant spaces (for a total qf four) within a previously-approved commercial retail center.
2. That the proposed use is consistent with the Regional Commercial designation forthis 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 and future
growth and devslopment 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 nof detrimental to the particular area nor to the peace,
health, safety and general welfare.
5. That granting 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 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 the proposed amendment to conditions of approval and approved exhibits, including the
imposition of any additional conditions thereto, is reasonably necessary to protect the public peace, health,
safety or general welfare, or necessary to permit reasonable operation under the conditional use permit as
granted. -
8. 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: The Planning Director or her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 3(Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend, in its entirety, the conditions contained in Resolution No. PC2003-154 to read as follows:
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 plan 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 planter area for the trellis structures proposed for the west building wall of the new tenant
space 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)
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of the retaii building to the store entrances facing Ball Road. The plan shall include details such as ,
sidewalklocations 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 anyrequired 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 to, efectrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for building 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 atthe 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 submitfed 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 maintained in conformance with
said plans.
9. That the trash enclosure gates shall be painted and the trash storage areas shall be refurbished to
comply with approved plans on fi(e with Pubiic Works department. Said information shail 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 shal( 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 Departmenf, 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 impervious 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 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
street setback area in a manner fully screened from all public streets and alleys. Said information
shall be specifically shown on plans submitted to the Water Engineering and Cross Connection
Control Inspector for review and approval.
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14. That all requests for new water services 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 waterservices and fire lines shall conform to the Current Water Services Standards
Specifications. Any wafer 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 '
regularlandscaping 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 retail 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 telepfione shall be located inside a building.
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 flat 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/utility equipment in the "CL(SABC)" (Commercial, Limited - South Anaheim Boulevard
Corridor) Zone. Said information shall be specifically shown on the plans submitted for building
permits.
29. That the number of tenant spaces in this commercial retail center shal~ be ~imited to four (a).
Said information shall be specifically shown on the plans submitted `for building permits.
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30. Thattrash storage area(s) shall be provided and maintained in location(s) acceptabie to the Pubiic -
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. identifiable from adjacent streets or highways. The walls of the storage area(s) shalf 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
Sanifation 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 entitlements: '
_ a. Gonditional 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);
b. Conditional Use Permit No. 2509 (permitting an automotive dealership with waiver of minimum
landscape setback);
c. Conditional Use Permit No. 3772 (permitting a tour bus terminal including the storage and
maintenance ofbuses and administrative offices); and
d. Variance No. 2164 (waiver of maximum sign height within 300 feet of residential uses).
34. 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 to Exhibit No. 1, Revision No.1 to
Exhibit No. 2, Exhibit Nos. 3 and 4, and as conditioned herein.
35. 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, 6, 7, 8, 9, 10, 11, 12, 13, 15, 26, 28, 29,
30, 31 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 fo commencement of the activity herein
approved, whichever occurs first, Condition Nos. 16, 17 and 34, above-mentioned, shall be complied
with.
37. Thaf 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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_ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June
14, 2004. Said resolution is subject to the appeal provisions setforth in Chapter 18:03, "Zoning Provisions -
GeneraP' of the Anaheim Municipal Code pertaining to appeal pr ' edures and may be replaced by a City
Council Resolution in the event of an appeaL
AIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST: ,
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CAUFORNlA )
COUNTY OF ORANGE ) ss. -
' CITY OF ANAHEIM )
` l, 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: COMMISStONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this o2.~T'~ day of
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SENIOR SECRETARY, ANAHEIM CITY PLANNiNG COMMISSION