Resolution-PC 2006-104~ .
> RESOLUTION NO. PC2006-104.
A RESOLUTION OF?HE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05148 BE GRANTED
(2983 EAST MIRALOMA AVENUE)
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 Califomia,
described as -
THOSE PORTIONS OF LOT 7, BLOCK 6, GOLDEN STATE OF TRACT AS SHOWN ON A
MPA RECORDED IN BOOK 4, PAGES 66 AND 67 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 6 AS SHOWN ON A MAP FILED IN BOOK 146, PAGE 50 OF PARCEL MAPSJN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on November 13, 2006, 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 Municipal Code, Chapter 18.60; 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 November.27, 2006, 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, to permit a photography studio and retain an existing legal non-
conforming single-family residence is' properly one for which a conditional use permit is authorized by Code :
Section No. 18:66.040.030 (Unlisted Uses) with waiver of the following:
SECTION N0. 18.40.060.030 : Improvement of Right-of-Way. ,
(Sidewalk and parkways required along
Miraloma and Red Gum; No sidewalk :
: proqosed.)
2. That the requested waiver is hereby approved in part, approving the waiver in part to
construct a 10-foot wide parkway but no sidewalk along Red Gum Street because full improvement of both
streets would be a unreasonable cost given the limited pedestrian activity anticipated for the proposed use;
and denvina the waiver on Miraloma Avenue sinee there is a reasonable relationship between the proposed
use and the need for the required improvements along Miraloma Avenue. Also, given that primary access to
the site would be from Miraloma Avenue, and pedestrian activity would occur along the property frontage due
to the existing sidewalk to the west across Red Gum Street; and since the proposed use is an intensification
of the existing single-family home, there is a reasonable relationship between the need for a portion of the
required improvements based on the existing improvements in the area, and the project's potential for '
generating additional vehicular and pedestrian traffic in relation to the existing vehicular and pedestrian traffic
resulting from the property's current residential use. •
3. That the proposed photography studio as conditioned herein 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 use is industrial in nature and would be compatible with adjacent and nearby land uses.
4. That the size and shape of the site for the use is adequate to allow the full development to '
permit a photo-studio and will not be detrimental to the particular area or to the health and.safety as the site
would comply with code pertaining to parking and landscaping; :
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- 5: That the tra~c generated by the use wilf not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area as the photo-studio would operate`in a
manner consistent with adjacent and surrounding uses, as the generaC public would not be on site during
hours of operation.
6. That granting of the conditional use permit under the conditions imposed i+vill not be
detrimental to the health and safety of the citizens of #he City of Anaheim and will provide a land use that is
compatible with the surrounding area. '
7. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition. That one person spoke in favor of the
subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding
that the declaration reflects the independentjudgment of the lead agency and that ithas considered the
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study,and any comments received that there is no substantial evidence that
the project will have a significant effect on the environment.
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 fo 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 atlequate lighting of parking lots, driveway, 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 al! persons, property, and
vehicles on-site. Said information shall be specifically shown on plans submitted for Police
Department, Community Services Division approvaL
2. That all trash generated from this use 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 Community Preservation 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.
3. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approval.
4. That trash storage areas shall be provided and maintained in a location acceptable to the Public
WorksDepartment and in accordance with approved plans on file with said Department: Said
storage areas shall be designed, located and screened so as not to be readily identifiable from
adjacent streets or highways. 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.
5. 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.
6. That 4-foot high street address numbers shall 6e 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 plans submitted for building permits.
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7. That theproperty shall be permanently maintained in an orderiy 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 discovery.
8. That all new backflow equipment shall be located above ground and outside of 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 eithec 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 and approved by the Water Engineering'
Department.
9. 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 Water
Engineering Division of the Anaheim Public Utilities Department.
10. That since this project has alandscaping 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.
11. That the developer shall improve Red Gum Streef with a ten (10) foot parkway and Miraloma Avenue
with a five (5) foot parkway and five (5) foot sidewalk in conformance with' Public Works Standard Detail
160-A. The parkway along Red Gum Street shall be planted in a manner consistent with the opposite
{East] side of the street. The sidewalk along Miraloma Avenue shall wrap around the corner at Red Gum
Street to match the northwest corner of Red Gum Street and Miraloma Avenue. The curb may remain
in place and~ does not need to be relocated. All improvements along Retl Gum Street shall ,be
constructed befinreen the existing right-of-way and curb. Parkway landscaping and irrigation along Red
Gum Street and Miraloma Avenue shall be connected to the on-site iRigation system and maintained by
the property owner. The existing driveway approaches along Miraloma Avenue and Red Gum Street
shall be reconstructed in conformance with Public Works Standard Detail 115-B. 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 final building and zoning inspections.
12. That an ADA compliant curb access ramp with truncated domes shall be constructed on Red Gum
Street and Miraloma Avenue in conformance with Public Works Standard petail 111-2. A corner cut-off
shall be dedicated at the northeast corner of Red Gum Street and Miraloma Avenue. 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 final building and zoning inspections.
13. That since the site is located within a liquefaction zone on a Seismic Hazard Map issued by the State of
California Divisions of Mines and Geology (DMG), the developer must submit a geotechnical report that
meets the requirements for a"Screening Investigation for Liquefaction Potential" as identified in DMG
special publication 117 °Guidelines for Evaluating and Mitigating Seismic Hazards in California". Please
note that if the findings of the screening investigation cannot demonstrate the absence of liquefaction
hazards, then the comprehensive quantitative evaluation must be conducted to develop mitigation
recommendations to effectively reduce the hazard to an acceptable IeveL
14. That prior to issuance of a building permit, the developer shall submit a grading plan to the Public Works
Department, DeVelopment Services Division and a bond shall be posted to guarantee that Red Gum
Street and Miraloma Avenue is improved in accordance with Public Works Standard Detail 160-A. The
improvements shall be constructed prior to final building and zoning inspection. :
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15: That prior to the issuance of a grading permit, the applicant shalf submit to the Public Works .
Department; Developmenf 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.
• lncorporates Treatment Control BMPs as defined in DAMP.
•, Describes the long-term' operation and maintenance requirements for the Treatment Control
=BMPs. > ,
• Describes the long-term operation and maintenance requirements for the Treatment Control
BM Ps.
• Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs.
16. That prior to issuance of a certificate of occupancy, the applicant shalL
• Demonstrate thatall structural BMPs described in the Project WQMP have been constructed
and installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is'preparedto implement all non-structural BMPs described in :
the Project WQMP.
+ Demonstrate that an adequate number of copies ofthe approved Projects WQMP are
available onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all
structural BMPs.
17. That the iocations 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 the specific screening treatments of
each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).
18. That any required relocation of City electrical facilities shall be at the developer's expense.
19. That any required relocation of traffic signal equipment or any related equipment shall be at the
developer's expense.
20. That plans shall be submitted to the Traffic and Transportation manager for his review and approval
showing conformance with Engineering Standard No. 115 (14-foot radius curb returns for all
driveways and sight distance visibility).
21. That plans shall be submitted to.the Planning Services Division for review and approval in
conformance with the current version of Engineering Sfandard Plan Nos. 436, and 470 pertaining to
parking standards and driveway location. Subject property shall thereupon be developed and
maintained in conformance with said plans.
22. That gates shall not be installed across any driveway in manner which may adversely affect
vehicular traffic on adjacent public streets. Installation of any gates shall conform to Engineering
Standard Plan No. 475 and shatl be subject to review and approval of the City Tra~c and
Transportation Manager.
23. That plans for the metal building shall be submitted to the Planning Services Division for review and
approval. Said plans shall incorporate the following: '
• The metal building located on a foundation system,
• The metal building shall be painted and finished with fascias.
• Compliance with Council Policy No. 526, pertainingto metal buildings
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Any decision by staff may be appealed to the Planning Commission as a"Reports and
Recommendations" item.
24. 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 forbuilding permits: '
25. That final landscape plans in compliance with Zoning Code requirements for the subject property
shall be submitted to the Planning Department for review and approval reflecting the following:
, • The first ten (10) feet of setback immediate{y behind the public right-of-way (ROW) line along
both Miraloma Avenue and Red Gum Street shall be planted with a minimum of one (1) tree per
- twenty (20) linear feet of street frontage, and must include aminimum three (3)-foot-high shrub
screen planted parallel to #he ROW.
• The remaining forty (40) feet of setback area, shall be planted with a minimum of one (1) tree
forevery thousand (1,000) square feet of required street setback area, not including the ten
(10) feet of setback area located immediately behind theROW:
• Where parking is provided; the first ten (10) feet behind the right of way shall be.landscaped
with a minimum of one{1) tree planted for every twenty (20) linear feet of street frontage; and
must include a minimum three (3)-foot-high shrub screen planted paraffel to the ROW. In#he
remaining fifty-five (55) feet of setback area, a minimum of one (1) tree shall be planted per four
(4) parking stalls, and a minimum of one (1) additional tree shall be provitled for each two
thousand three hundred (2,300) square feet of area in the remaining required street setback
area.
• The planting of shrubs and clinging vines on walls visible from the public right of way
Any decision made by the Planning Department regarding said plan may be appealed to the
Planning Commission as a Reports and Recommendations item. All trees shall:be properly and
professionally maintained by the property owner to ensure mature, healthy growth. Such information
shall be specifically shown on the plans submitted for building permits.
26. That the applicant shall file an Emergency Listing Card, APD-281, available at the Police
Department.
27. That the subject property shall 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 Nos. 1 through 3, and as conditioned herein.
28. 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, 4, 6, 8, 10, 12, 13, 14, 17, 20, 21, 22, 23
and 25, 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 Municipa{ Code.
29. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition No. 15 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. 9, 11, 12 and 16, 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.
31. 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.
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32. That timing for compliance with conditions of approval may be amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is established that satisfies the original
ir-tent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal
Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved structure.
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 thatthe 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: Failureto pay all charges
shall re5ult in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOWTION was adopted at the Planning Commission meeting of .
November 27, 2006_ Said resolution is subject to the appeal provision et forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaini g to al procedu es may be replaced
by a City Council Resolution in the event of an appeal. '
IR , ANAHE LANNING COMMISSION
ATTEST: _ -
~ ,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _'
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OFANAHEIM )
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 November 27, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: FLORES, KARAKI :
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 12 ~~ day of
E ~ cM~ar , 2oos.
/ e~~t~
ENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
PC2006-104