Resolution-PC 2005-83~ •
RESOLUTION NO. PC2005-83
A RESOWTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2005'-04975 BE GRANTED
WHEREAS, the Anaheim 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: PARCELS A AND B, AS SHOWN ONA MAP FILED IN BOOK22, PAGE 32 OF
PARCEL,MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
PARCEL 2: AN EASEMENT 8.34 FEET IN WIDTH FOR INGRESS AND EGRESS OVER
THAT PORTION OF LOT 5 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK
10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, THE SOUTH LINE OF SAID EASEMENT BEING DESCRIBED AS
FOLLOW S:
BEGINNINGAT A POINT ON THE CENTERLINE OF THE 60 FOOT ROAD AS SHOWN ON
THE MAP OF TRACT NO. 71 (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE
BLVD.) SAID POINT BEING 280.34 FEET SOUTH,'(MEASURED ALONG SAID CENTERLINE)
FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 ,
WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE EAST, PARALLEL WITH THE
SOUTH LINE OF SAID LOT 5, 250 FEET.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN SAID 60 FOOT ROAD AS
SHOWN ON THE MAP OF SAID TRACT NO. 71.
PARCEL 3: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 50, PAGE 12 OF PARCEL -
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 4: AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTHERLY 16.66 '
FEET OF THE SOUTHERLY 258.14 FEET OF THE WESTERLY 220.00 FEET OF THE ,
FOLLOWING DESCRIBED LAND:
THOSE PORTIONS OF LOTS 4 AND 5 OF TRACT NO. 71, AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLiNE OF THE 60-FOOT ROAD AS SHOWN ON
THE MAP OF TRACT N0. 71, (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE
BOULEVARD), SAID POINT BEtNG 280.34 FEET SOUTH (MEASURED ALONG SAID
CENTERLINE) FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE EAST, PARALLEL
WITH THE SOUTH LINE OF SAID LOT 5, 250 FEET; THENCE NORTH 0 DEGREES 08' 00°
WEST 28.34 FEET; THENCE SOUTH 89 DEGREES 59' 16" EAST 54.00 FEET; THENCE
NORTH 0 DEGREES 08' 00" WEST 36.00 FEET; THENCE SOUTH 89 DEGREES 59' 16°
EAST 26.00 FEET; THENCE NORTH 0 DEGREES 08' 00" WEST216.11 FEET TO THE
NORTHERLY LINE OF SAID LOT 5, BEING ALSO A POINT IN THE CENTERLINE OF THE
STREET DESCRIBED IN THE F1NAL ORDER OF CONDEMNATION FILED JULY 8, 1960 AND
RECORDED IN BOOK 5321, PAGE 397 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY; THENCE EAST ALONG SAID LAST MENTIONED CENTERLINE TO THE EAST
LINE OF THE LAND CONVEYED IN DEED TO W. H. JEWETT, RECORDED SEPTEMBER 1,
1960 IN BOOK 5400, PAGE 238 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY;
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THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER THEREOF;
THENCE WESTALONG THE SOUTH LINE OF SAID JEWETT'S LAND AND THE WESTERLY
PROLONGAT{ON, TO THE CENTERLINE OF STATE COLLEGE BOULEVARD; THENCE
NORTH ALONG SAID CENTERLINE TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN SAID 60-FOOT ROAD AS
SHOWN ON THE MAP OF TRACT NO. 71.
PARCEL 5: THAT PORTION OF LOT 5 OF TRACT NO. 71 AS PER MAP RECORDED IN
BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF PLACENTA AVENUE, WHICH POINT IS
217 FEET SOUTH OF THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH ALONG THE
CENTER 0F SAID PLACENTA AVENUE, 55 FEET; THENCE EAST, PARALLEL WITH THE
SOUTH BOUNDARY LINE OF LOT 5 TRACT NO. 71, A DISTANCE OF 154 FEET; THENCE
NORTH, PARALLEL WITH SAID CENTERLINE OF PLACENTA AVENUE, 55 FEET; THENCE
WEST, PARALLEL WITH THE SOUTH BOUNDARY LINE'OF SAID LOT 5, A DISTANCE OF
154 FEET TO THE POINT OF BEGINNING. '
EXCEPTING THEREFROM, THAT PORTION LYING WITHW PLACENTA AVENUE, SHOWN
AS A 60.00-FOOT STREET ON SAID MAP, ADJOINING SAID LOT 5 ON THE WEST.
APN: 232-021-07, 232-021-10 and 231-021-11
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 1, 2005 at 2:00 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 18.60
"Procedures", 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 modification to required setbacks is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section No. 18.20.090.050.
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located because the proposed project is compatible
with existing and surrounding land uses and that the minor deviations from the Code would still achieve a
project with architecturally enhanced elevations and layered landscaping, and further provide a project that is
compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle
Master Land Use Plan (PTMLUP).
3. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to health and safety.
4. 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 as the proposed project has been
analyzed in a Tra~c Impact Study dated March, 2005, reviewed and approved by the City Traffic and
Transportation Manager and that the required infrastructure improvements along the adjacent streets will be
constructed in connection with the project.
5. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
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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 ENVIRONMENTAI. QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the Development Agreement in conjunction with the proposed Conditional Use
Permit Na 2005-04975 and Tentative Tract Map'No. TTM 16825; and did find and determine, by motion,
pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent
review and consideration of an Initial Study conducted pursuant to CEQA for the Development Agreement
and Conditional Use Permit, and the requirements of CEQA, including Section 21166 of the California Public
Resources Code and Section 15162 of the CEQA Guide-ines, and the evidence received at the public
hearing, that FEIR No. 330 previously certified by the City Council for the Amended General Plan and related
projects, together with the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum
Triangle, and a Mitigated Negative Declaration for the Proposed Development Agreement and the Proposed
Project, together with Mitigation Monitoring Program'No. 129, are adequate to serve as the required
environmentaf documentation for this Development Agreement and Conditional Use Permit and satisfy all of
the requirements of CEQA, and that no further environmental documentation need be prepared for this
Development Agreement.
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
safety and general welfare of the Citizens of the City of Anaheim:
1. That this Conditional Use Permit is granted subject to adoption of Development Agreement Na
2005-00005 and Tentative Tract Map No. 16825, now pending.
2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement
for a domestic above-ground water meter in addition to providing a 5-foot wide clearance around the
water meter pad and a 10-foot wide access easement along the water line from the street to the
water meter pad for maintenance.
3. That a private water system with separate water service for fire protection and domestic water shall
be provided. Said information shall be shown on plans submitted for building permits.
4. That all backflow equipment shall be located above ground outside of the street setback area in a
manner fully screened from all public streets and alleys. 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
of the street setback area in a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans submitted for approval by the Water Engineering
Division of the Public Utilities Department.
5. That all requests for new water services 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 Public Utilities Department.
6. That prior to submitting the water improvement plans, the property ownerldeveloper shall submit a
water system master plan, including a hydraulic distribution network analysis, to the Water
Engineering Division of the Public Utilities Department for review and approval. The master plan
shall demonstrate the adequacy of the proposed on-site water system to meet the project's water
demands and fire protection requirements.
7. That prior to application for water meters, fire lines or submitting the water improvement plans for
approval, the property owner/developer shall submit to the Water Engineering Division of the Public
Utilities Department, an estimate of the maximum fire flowrate and maximum day and peak hour
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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 water system
improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the
Water Utility Rates, Rules, and Regulations.
8. That individual water service and/or fire line connections shall be required for each parcel and/or
residential and commercial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and
Regulations.
9. That because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation
meter shall be installed in comptiance with City Ordinance No. 5349 and Chapter 10.19 of the
Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for
' building permits.
10. That signs shall be posted indicating no on-street parking shall be allowed on the adjacent streets
except where designated turn-out areas are provided forJoading and unloading. Such signs shall be
shown on plans submitted for the review and approval of the City Traffic and Transportation
Manager.
11. That trash storage areas and trash chutes shall be provided and maintained in a location acceptable
to the Public Works Department, Streets and Sanitation Division and in accordance with exhibits
approved in conjunction with this Conditional Use Permit, on file with'the Planning Department. Said
information shall be specifically shown on plans submitted for building permits.
12.'That the legal property owner shall provide the City of Anaheim with an easement for electrical
service lines to be determined as electrical design is completed. Said easement shall be submitted
to the City of Anaheim prior to connection of electrical service.
13. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detait Na
476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation
Division. Said turn-around area shall be specifically shown on plans submitted for building permits.
14. That the proposed development shall operate in accordance with the written solid waste
management plan signed by the project applicant, Integral Partners. Modifications to the solid waste
management plan shall only occur if mutually agreed upon by both the property owner and the City
of Anaheim Director of Public Works.
15. That any required relocation of City electrical facilities shall be at the property owner/developer's
expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required
and shall be shown on plans submitted for building permits.
16. That closed circuit television (CCTV) security cameras shall be installed to monitor the parking
structure and the mailroom on the second level of the parking structure to the satisfaction of the
Anaheim Police Department. CCN cameras shall be strategically located throughout the parking
structure, covering all areas, especially all pedestrian and vehicular access points. Said information
shall be specifically shown on plans submitted for building permits.
17. That each individual building and unit shall be clearly marked with its appropriate building number
and address. These numbers shall be positioned so they are easily viewed from vehicular and
pedestrian pathways throughout the complex. Main building numbers shall be a minimum of 12
inches in height. Main building numbers and address numbers sha11 be illuminated during hours of
darkness. Said information shall be specifically shown on plans submitted for building permits.
18. That 4-foot high address numbers shall be displayed flat on the roof in a contrasting color to the roof
material. The numbers shall not be visible from view of the street or adjacent properties. Said
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information shall be specifically shown on plans submitted for Police Department, Community
Services Division approvaL
19. That pedestrian and vehicular access control shall be required to prevent unwanted entry. A digital
keypad entry system shall be included to facilitate guick response by emergency personneL The
system's entry code shall be provided to the Anaheim Police Department Communications Bureau
and the Anaheim Fire Department. Said information shall be specifically shown on plans submitted
for building permits.
20. That adequate lighting on all levels of the parking structure, including 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 all
persons, property, and vehicles on-site. Said information shall be specifically shown.on plans
submitted for building permits. '
21. That decorative french doors acceptable to the Planning Services Division shall be provided on all
patio (ground-floor) doors. Said information shall be specifically shown on plans submitted for
building permits.
22. That all air conditioning facilities and other roof and ground mounted equipment shall be properly
shielded from view. Said information shall be specifically shown on the plans submitted for building
permits.
23. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be
fully screened by architectural devices and/or appropriate building materials. Said information shall
be specifically shown on the plans submitted for building permits.
24. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
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 dead.
26. That the property owner/developer shall be responsible for compliance with all mitigation measures
within the assigned time frames and any direct costs associated with the attached Mitigation
Monitoring Program No. 129 as established by the City of Anaheim and as required by Section
21081.6 of the Public Resources Code to ensure implementation of those identified mitigation
measures.
27. That signage for this project shall be limited to that shown on the approved Conditional Use Permit
exhibits submitted by the project applicant, on file in the Planning Department. Any additional
signage shall be subject to approval by the Planning Director.
28. That gates shall not be installed across any driveway or private street 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. 475 and shall be subject to the review and approval of the City
Traffic and Transportation Manager prior to the issuance of the first building permit.
29. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 402, 436,
470, 471, 472, 473 and 475 pertaining to parking standards and driveway locations. Subject
property shall thereupon be developed and maintained in conformance with said plans.
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30. That all driveways to the project site shafl be constructed with ten {10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 115. Said information
shall be specifically shown on plans submitted for building permits.
31. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
32. Thatplansshall be submitted to the City Traffic and Transportation Manager for review and approval
in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for signs
or wall/fence locations. Said information shall be specifically shown on plans submitted for building
' permits.
33. That assigned parking spaces shall be provided for each residential unit. Said information shall be
specifically shown on plans submitted for building permits. :
34. That visitor parking spaces shall be posted, "No Overnight Parking, Except by Permission of the
" Management." Said information shall be specifically shown on plans submitted for building permits.
35. That all above-ground utility devices shall be located on private property and outside any required
street setback area. Said information shall be shown on plans submitted for the first building
permits.
36. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by project applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 24, and as conditioned herein.
37. That prior to issuance of the first building permit, or within a period of one (1) year from the: date of
this resolution, whichever occurs first, Condition Nos.' 1, 2, 3, 4, 6, 7, 9, 10, 11, 12, 13, 15, 16, 17, 18,
19, 20, 21, 22, 23, 27, 28, 29, 30, 32, 33, 34 and 35, 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.
38. That prior to final building and zoning inspections, Condition No. 36, above-mentioned, shall be
complied with.
39. That the applicant shall submit enhanced building/architectural plans for review and approval by the
Planning Commission as a"Reports and Recommendations" item prior to City Council action on
Development Agreement No. 2005-00005, Tentative Tract Map No. 16825 and Conditional Use
Permit No. 2005-04975.
40. 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 RESOLVED that the Anaheim Planning Commission does hereby find and determine
that adoption of this Resolution is expressly predicated upon applicanYs 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.
AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for
paying all charges related to the processing of this discretionary case application within 7 days of the
issuance of the final invoice, prior to the issuance of building permits or commencement of activity 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
June 1, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and ma r d by a'~. ncil
Resolution' in the event of an appeal. ~
CHAIRMAN, EIM PLANNING COMMISSION -
ATTEST:
/7'~~-=-' /~Z ~~~ ~
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 the Anaheim Planning Commission
held on June 1, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PEREZ, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~ 5~ day of
~i~v..e.. , 2005.
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S NIOR SECRETARY, ANAHEIM PLANNING COMMISSION