Resolution-PC 2006-34~ !
' RESOLUTION NO. PC2006-34
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAG USE PERMIT N0: 2006-05071 BE GRANTED
(500 NORTH BROOKHURST STREET) '
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 3, IN _THE CITY OF ANAHEIM, ' COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 85 PAGES 4 AND 5 OF` PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 17 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 theAnaheim Municipal Code, Chapter 18.60, to
' hear and consider evidence for and against said proposed conditional usepermit 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 use, to permit a commercial retail center, isproperly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402.
'(a) SECTION NO. 18.44.080.060 Permitted number of tenants on a monument sian
(Deleted)
(b) SECTION NOS. 18.08A70 AND Minimum number of parkinct spaces
18.42.040.010 71 required; 63 proposed and recommended by
the City's Independent Parking and Traffic
Consultant)
2. 7hat the above-mentioned waiver (a) has been deleted since the plans have been revised:
3. That the above-mentioned waiver (b) pertaining to the minimum number ofi parking spaces is
hereby granted based on the parking analysis prepared by the City's independent parking and traffic
consultant and the finding that the project would provide a total of 63 parking spaces. As a result, the project
will provide adequate off-street parking to accommodate all vehicles attributable to the project under normal
operation.
4. That as demonstrated in this parking analysis, the project will provide adequate parking on-
site to accommodate parking demand under normal operation. On-street parking is not aniicipated for this ,
use. .
5. That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the
project will provide adequate parking on the project site to accommodate its parking generation. No demand
for parking on adjacent private property is forecasted.
6. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for such use because the design and layout of parking considers
good traffic flow and minimizes the need to circulate to find parking. The retail use and the drive-through
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coffee-shop/restaurant will provide adequate parking on site. 7herefore, traffic congestion is not anticipated
with implementation of the project.
7.' That the waiver, under the conditions imposed, wilf not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the
project is proposing to provide vehicular access to the site along Brookhurst Street, Alameda Avenue and
Valley Street.- The locations of the proposed driveways will not impede vehicular ingress to or egress from
adjacent properties. Furthermore, it has been established previously that a sufficient supply of off-street
parking will be provided to meet the forecasted parking demand. Therefore, no stacking onto the public
street or blocking adjacent driveways would'be expected to occur.
8. That the proposed coffee shop restaurant and commercial retail building 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.
_ 9. , That the size and shape of the site 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 the health and safety.
10. That the traffic generated by the use will not impose an undue burden upon the streets and
highways designed and improved to carry#he traffic in the area because the design of the coffee shop and
commercial retail centerprovide adequate access from Brookhurst Street, Alameda Avenue, and Valley
Street. _
11. That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an additional
: outlet for the purchase of goods and services.
12. That the proposed commercial retail center would be an appropriate use of this GG zoned
property in a mid block location due to its compatibility with the adjacent commercial uses to the north.
13. 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 Planning
Commission has reviewed the proposal to permit a new commercial retail center with a drive-through
restaurant with waiver of minimum number of parking spaces and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it
has 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 to be a necessary prerequisite to the proposed use of the subject property in order to presenre the
safety and general welfare of the Citizens of the City of Anaheim:
1. That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a
separate conditional use permit is approved by the Planning Commission.
2. That no video, electronic or other amusement devices shall be permitted on the premises.
3. That all public phones shall be located inside the building.
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4. . That adequate 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 anyperson 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 lighting shall, be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of the adjacent residential properties. Light fixtures shall be
a maximum of 12-feet in height. Said information shall be specifical(y shown on plans submitted for
Police Department, Community Services Division approvaL
5. That all trash generated from this coffee shop restaurant and 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 shaU 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.
6. 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.
7. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
8. That no outdoor vending machines shall be permitted on the property.
9. That 4-foot high street address numbers shall be displayed on the roof of the building in a color that
contrasts with the roof material. The numbers`shall not be visible #rom the streets or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
10. That there shall be no outdoor storage permitted on the premises.
11. That roof-mounted equipment shall be screened from view in accordance with the requirements of
Anaheim Municipal Code Section 18.38.170 pertaining to the GG (General Commercial) Zone. Said
information shall be specifically shown on plans submitted for building permits.
12. That the property shalt be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of gra~ti within twenty four (24)
hours from time of occurrence.
13. That the number of tenant spaces for this commercial retail center shalt be limited to eight (8),
including the drive-through restaurant. Said information shall be specifically shown on plans submitted
for building permits.
14. That the design, size, and placement of the wall signage and monument signage shall be limited to
that which is shown on the exhibits submitted by the applicant and approved by the Planning
Commission. Final sign plans shall be submitted fo the Planning Services Division for review and
approval as to placement, design and materials. Any decision by staff may be appealed to the -
Planning Commission as a"Reports and Recommendations" item.
15. 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 either underground vaults or outside of
the street setback area in a manner fully screened from alf public streets and afVeys. Said information
shall be specifically shown on plans and approved by the Water Engineering Department.
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16. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment's of existing water services and fireJines, shaA be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
17. 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 buildingpermits.
18. That all existing water services and fire lines shall conform to current Water Service Standards
Specifications. Any water'service and/or fire line that does not meet current standards shall be
upgraded if continued use if necessary or abandoned if the existing water service is no longer.needed.
The owner/developer shall be responsible for the costs to upgrade br to abandon any water service of
fire line.
19. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works
Department, Development Services Division forreview 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
Managemenfi Plan.
• Incorporates Treatment Control BMPs as defined in DAMP. .
• Describes the long-term operation and maintenance requirements fo~ the Treatment Control BMPs.
• Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs, and describes the mechanism for funding the long-term operation and
maintenance of the Treatment Control BMPs.
20. That prior to issuance of a certificate of occupancy, the applicant shalL•
• 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 the
Project WQMP
• 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.
21. That gates shall not be installed across any driveway or private street in a manner which may
adversely affect vehicular traffic in the adjacent public street. Installation of any gates shalf conform to
Engineering Standard Plan No. 609 and shall be subject to the review and approval by the Planning
Services Division. Said information shall be specifically shown on plans submitted for building permits.
22. That the locations for future above-ground utility devices inc{uding, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall 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, accesspoints, etc.).
23. That any required relocation of City electrical facilities shall be at the developer's expense.
24. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
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25. That plans shall be submitted to theTraffic and Transportation manager for his review and approval ,
showing conformance with Engineering Standard No. 115 pertaining to sight distance visibility for the
monumenf sign and wall/fence location.
26. That plans shall be submitted to the Planning Services Division for reView and'approval in
conformance with #he current version of Engineering Standard 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.
27. That the drive-through lane shall be designed to meet the radius standards (minimum 16 feet interior
; and 26 feet outer radius). Said information shall be specifically shown on plans submitted for building
permits.
28. That an on-site trash truck turn around area be provided per Engineering Standard Detail Na 476 and
'as required by the Maintenance Divisions. Said information shall be specifically shown on plans
submitted for building permits. ;
29. 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
30. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department and in accordance with approved plans on file with said Department. Said storage areas
shall be designed, located and screened so as not #o be readily identifiable from adjacent streets or
highways. The wa11s 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 buifding
permits.
31. That the project shall provide for truck deliveries on-site. Such information shall be specifically shown
on plans submitted for building permits.
32. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed
form to the Anaheim Police Department.
33. That finat efevation plans shall be submitted to the Planning Services Division forreview by the
Planning Commission as a"Reports and Recommendations" item. Said plans shall be designed to
preclude the visibility of interior storage for the individual tenants from Brookhurst Street.
34. That all plumbing or other similarpipes 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. -
35. That a final landscape plan shall be submitted to the Planning Services Division for review and
approval. Said plans depict a layered landscape design and shall specify minimum 24-inch box sized
trees, clinging vines along all perimeter block walls and a minimum four (4) foot wide square (excluding ,
curb) landscaped area shall be provided at the front end of every five (5) parking spaces. One tree
shall be provided in each planter. Any decision by staff may be appealed to the Planning Commission ,
as a`Reports and Recommendations" item.
36. 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 pfans are on fife with the
Planning Department Exhibit Nos. 1 through 12, and as conditioned herein.
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37. That priorto issuance of a buiiding permit, or within a period of one (1) year#rom the date of this
, resolution, whichever occurs first, Condition Nos. 4, 5, 9, 11, 14, 15, 17, 21,'25, 26, 27, 28, 29, 30, 31,
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 18:60.170 of the Anaheim Municipal Code.
38. 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 Na 19 shall be complied with. Extensions for further time
to complete said conditions may be granted in accortlance with Section 18.60.170 of the Anaheim '
Municipal Code.
39. That prior to final building and zoning inspections, Condition Nos. 20, 32 and 36, above mentioned,
: shall be complied with: Extensions #or further time to complete said conditions may be granted in -
accordance with Section 18.60.170 of the Anaheim Municipal Code.
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 FUR7HER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanf's compliance with each and
all of the conditions hereinabove setforth. 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, sha11 be deemed null and void.
BE lT 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
shaU result in delays in the issuance of required permits orthe revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 17, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to e edures and may be replaced
by a City Council Resolution in the event of an appeaL
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CHAIRMAN, AHE1M PLANNING COMMISSION
ATTEST:
.
SENIOR S RETARY, ANAHEIM PL NNI COMMISSION '
,
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
' I, Marie Witkay, Senior Secretary of the Anaheim Planning Commiss+on, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of fhe Anaheim Planning Commission held on
April 17, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES, VELASQUEZ
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ,~ ~ day of
. , 2006. .
s GZ./ ~
G~-/
SENIOR CRETARY, ANAHEIM PL NI OMMISSION
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