Resolution-PC 2005-146• •
RESOLUTION NO. PC2005-146
A RESOLUTION OF THE'ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05030 BE GRANTED
' (1500 SOUTH STATE COLCEGEBOULEVARD)
WHEREAS, the AnaheimPlanning 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 WEST HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION24, TOWNSHIP 4 SOUTH, RANGE 10 WEST, 1N
' THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED
JN BOOK 51, PAGE 7, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING NORTHERLY`OF THE NORTHERLY LINE OF THE
SOUTHERN PACIFIC COMPANY'S RIGHT OF WAY (TUSTIN RANCH), AS SAID RIGHT
OF ; WAY IS DESCRIBED FIRST IN DEED DATED MAY 28, 1889 FROM PACIFJC
' IMPROVEMENT COMPANY TO SOUTHERN PACIFIC RAILROAD COMPANY,
RECORDED JUNE27, 1889 `IN BOOK 570, PAGE 288, OF pEEDS, IN THE OFFICE' OF
THE COUNTY RECORDER OF THE COUNTY OF LOS ANGELES.'
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on October 3, 2005 at 2:30 p.m., notice of said public hearing having been' duly given as
required by law and in accordance with the provisions of the Anaheim Municipa{ Code, Chapter '
18.66.040.030, 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 accessory retail sales in conjunction with a plant nursery is a proper accessory use for
which a conditional use permit is authorized by the Zoning Code; and
2. ?hat the proposed accessory retail sales in conjunction with a plant nursery would not
adversely affect the adjoining land uses and the growth and development of the area in which it is proposed
to be located since the site is located along State College Boulevard surrounded by industrial uses in an area
typically known as "Tile Mile", where retail sale of tile and floor coverings sales are clearly incidental to the
warehousing' andlor wholesale distribution is permitted. The wholesale plant nursery with accessory retail
sales would be consistent with, and complement the surrounding land uses in the area, operating in a similar
fashion to existing surrounding land uses; and
3. That the size and shape of the site is adequate to allow full development of accessory retail
sales of plants and pottery in conjunction with a plant nursery in a manner not detrimental to the particular
area nor to the health and safety of the citizens of Anaheim, as the site would provide forthe minimum code-
required parking, setbacks, and screening; and
4. That the traffic generated by the proposed use will not, under the conditions imposed, :
impose an undue burden upon the streets and highways designed and improved to carry the traffic in the
area as the site is located within an industrial area at the intersection of finro arterial highways: The proposed
use would not generate a significant number of trips when compared to surrounding industrial complexes
and therefore, would not create an increased demand on the streets and highways in the vicinity; and
5. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the particular"area and surrounding land uses, nor to the public health and safety as the site
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would be substantially improved and would have full vehicle access and on-site parking. As conditioned, the
minimum code requirements for landscaping setbacks, and parking would be provided on site to ensure the
safe and clean operation of the facility in a manner not detrimental to'the area or surrounding land uses: and
6. 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 Department has
determined that the proposed project falls within the'definition of Categorical Exemptions, Section 15303,
Class'3 (New Construction or Conversion of Small Structures), as defined in the State CEQA Guidelines and
is, therefore, exempt from thexequirement to prepare additional environmental documehtation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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 :
"' health and safety of the Citizens of the City of Anaheim:
1. That all sales transactions shall take place within the enclosed building on site.
2. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
3. 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 dead. '
4. That outdoor storage except for pfants, pottery, and fountains, shall be in accordance with the
requirements of Anaheim Municipal Code Section 18.38.200 pertaining to outdoor storage.
5. That 4-foot high street address numbers shall be displayed on the roof of the modular building in a
color that contrasts with the roof material. The numbers shall not be visibte from the streets or
adjacent properties. Said information shall be specifically shown on plans submitted #or building
permits.
6. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris; and removal of graffiti within twenty-four (24)
hours from time of occurrence.
7. That a maximum of one monument or freestanding sign shall be permitted. The design, size, and
placement of wall and monument signage shall be in accordance with the requirements of Anaheim '
Municipal Code Section 18.44.080, 18.44.090, and 18.44.110 pertaining to monument signs and
wall signs. Final sign plans shall be submitted to the Planning Services Division for review and
approval as to placement, design andmaterials. Any decision by staff may be appealed.to the
Planning Commission as a"Reports and Recommendations" item.
8. That a landscape and irrigation plan for the property shall be submitted to the Planning Services
Division #or review and approval identifying the size, type and locafion of all proposed plantings as
required by Code. Plans shall reflect the following:
• The addition of forty-five (45) 24-inch box sized Tabebuia avellanedae trees within the
front setback on Cerritos Avenue and ten (10) 24-inch box sized evergreen #rees within
the front setback along State College Boulevard. :
• The addition of three (3) 24-inch box sized evergreen trees distributed throughout the
parking area
Any decision by City staff may be appealed to the Planning Commission as a"Reports and
Recommendations" item. '
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9. That a final screening and fencing plan for the property shall be submitted to the Planning Services
Division for review and approvaL Said information shall be'specifically shown on plans submitted
for P{anning Services Division approvaL Plans shall reflect the following:
• That the storage areas (for tools, equipment, and other related items) shall be '
surrounded on all sides by a substantial solid and/or opaque fence or wall at least six (6)
feet in height as set forth in Section 18:46.110 (Screening, Fences, WaIIs and Hedges).
The design and the materials used for the fence or wall shall comply with the provision
of Section 18:40.150 (Structural'Setbacks and Yards) of Chapter 18.40,(General '
Development Standards) unless provided otherwise in this section.
• That outdoor storage shall not be located in any required setback area and confined to
the areas identified on the approved site plan (Exhibit No. 1).
• That all gates for access to the property shall swing inwardly or slide sideways and shall
be kept closed when nof in use except that the gate may be kept open during business
hours provided on-site storage cannot be seen from adjacentpub{ic streets. The gates
shall be subject to approval by the City Traffic and Transportation Manager.
• That the proposed six (6) foot high wrought iron #ence sha{I be decorative and located
outside of the minimum landscapesetback:
• That the proposed chain link fencing abutting the railroad right-of-way shall be entirely
interwoven with PVC or simulated wood slats and view-screened with fast-growing vines
and/or shrubbery. :
10. That all backflow equipment shall be located above ground and outside of the street setback area in
a manner fully screened from all public streets. Said information shall be specificaUy shown on
plans submitted for the Public Utilities Department, Water Engineering Division approval.
11. That since this project has a landscaping area exceeding 2,500 square feet; a separate irrigation
meter shall be installed in compliance with Chapter 10.19 of the Anaheim;Municipal Code. Said
information shall be specifically shown on plans submitted for building permits.
12. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works
Department, Development Services Division for review and approval a Water Quality Management
Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious
areas, maximizing permeability, minimizing directly connected impervious areas, creating
reduced or "zero discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
• Incorporates Treatment Control BMPs as defined in DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control
BMPs.
• Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs, and descrbes the mechanism for funding the long-term operation
and maintenance of the Treatment Control BMPs.
~ 13. That prior to issuance of a certificate of occupancy, the applicant sha1L•
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed
and installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in
Project WQMP.
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'• Demonstrate that an adequate number of copies of the approved Projects WQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs. "
14. That the petitioner shall submit grading plans to thePublic Works Department to improve State
College Boulevard and Cerritos Avenue per Public Works Stendard Detail No. 160-A. In addition, a
five (5) foot parkway landscaping strip and five (5) foot sidewalk shall be constructed with parkway
irrigation connected to the on-site irrigation system and maintained by the property owner. A bond
for therequired improvements shall be posted in an amounfapproved by the City Engineer and a
fiorm approved by the City Attorney prior to issuance of a building permit. A Right of Way
'`Construction Permit shall be obtained from the Devetopment Services Division for all work
performed in the right-of-way. These improvements shall be constructed prior to final building and
zoning inspections.
15. That the applicant shall use best efforts to assist the City in working with Southern California Edison
to acquire an irrevocable offer to dedicate to the City of Anaheim a corner cut-off easement atState
College Boulevard and CerritosAvenue for road, public utilities and other public purposes.
16. That a new driveway approach, curb, gutter„parkway landscaping and sidewalk shall be
constructed in conformance with Public Works Standard Detail No. 115-B. Said information shall be
specifically shown on plans submitted for building permits.
17. That a sidewalk access ramp with truncated domes shall be constructed at the corner of State
College Boulevard and Cerritos Avenue in conformance with Public Works Standard Detail No. 111-
2. Said information shall be specifically shown ori plans submitted for building permits.
18. That gates shall not be installed across any driveway in a manner which may adversely affect
_ vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to thereview and approval of the City Traffic and
Transportation Manager. Said information shall be specifically shown on plans submitted for `
building permits.
19. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications, and cable devices, etc., shalf be
shown on plans submitted for building permits. Plans shall also identify#he specificscreening
treatments of each devices (i.e. landscape screening, color of walls, materials, identifiers, access
points, etc.).
20. That plans shall be submitted to the Traific and Transportation Manager and the Planning Services
Division for review and approval in conformance with the current version of Engineering Standard '
Plan Nos. 436 and 470 pertaining to parking standards and driveway location. Subjectproperty
shall there upon be developed and maintained in conformance with said plans.
21. That an on-site trash truck turn around area be proVided per Engineering Standard Detail No. 476
and as required by the Public Works Department, Streets and Sanifation Division. Said information
shall be specifically shown on plans submitted for building permits.
22. That trash storage areas shall be provided and maintained in a location not within the minimum
setback area and acceptable to the Public Works Department and in accordance with approved
plans on file with said Department. Said storage areas shali be designed, located and screened so
as not to be readily identifiable from adjacent streets. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size
clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be
_ specifically shown on the plans submitted for building permits.
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23. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses
and grounds continuous to buildings shall be provided withlighting 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 afl persons, property, and
vehicles on-site. Said information shall be specifically shown on'plans submitted for Police
Department, Community Services Division approvaL
24. Thaf "No Trespassing 602(k) P.C." signs be posted at the entrances of parkingloUstructure and be
located irr other appropriate places. Signs must be at least two (2) feet by one (1) foot in overall
size with white background and black two (2) inch lettering.
25. That the entrance to the parking area shall post appropriate signs per 22658(a) C:V.C, to assist in
removal of vehicles at the property owners/managers request.
26. That an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed
form to the AnaheimPolice Department.
27. That final elevation plans for the proposed modular building incorporating architectural
enhancements on the north, east, and west elevations facing State College Boulevard and Cerritos -
Avenue shall be submitted to the Planning Services Division for review and approvaL Any decision
bystaff may be'appealed to the Planning Commission as a"Reports and'Recommendations" item.
28. That the subject property shaN be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department Exhibit No. 1 and as conditioned herein.
29. Thaf 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. 5, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21,
22, 23 and 27 above mentioned, shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal
Code.
30. That prior to final building and zoning inspections, Condition Nos. 13, 14, 24; 25, and 26 above
mentioned, shall be complied with. Extensions for further time to complete said conditions may be
granted I accordance with Section No. 18.60.170 of the Anaheim Municipal Code.
31. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal 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 ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of ;
October 3, 2005. Said resolution is subject to 4he appeal provisions set forth' in Chapter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to I proced res may be replaced
by a City Council Resolution in the event of an appeaL
~--- ' __._::.
AIRM , ANAHEIM PLANN{NG COMMISSlON
AT7EST:
,~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. '
CITY OF ANAHEIM' )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby,certify ;
that the foregoing resolution was passed and adopted at a meeting of'#he Anaheim Planning Commission
held on October 3, 2005, by the following vote of the members thereof:
AYES: ' COMMISSIONERS: BUFFA, EASTMAN; FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS`. NONE
' ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~7 r~ day of
N- vtM bcr , 2oos.
~ j~'?~'`~~ _
SENIOR SECRETARY, ANAHEIM PLANNING COMMfSSION