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Resolution-PC 2006-71~ • RESOLUTION NO. PC2006-71 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION " THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05055 BE GRANTED (5700 EAST LA PALMA AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional ' -Use Permit for certain real property situated in the City of Anafieim, County of Orange, State of California, -described as: PARCEL A: THAT PORTION OFPARCEL 2, IN THE CITY OF ANAHEIM, AS SHOWN ON : A MAP FILED IN BOOK 30, PAGE(S) 48, OF PARCEL MAPS ON FILE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED ASFOLLOWS: ' BEGINNING AT A POINT IN THE EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIGHWAY, SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE W SAID EASTERLY RIGHT OF WAY LINE SHOWN ON SAID MAP A$ "NORTH 1° 23' 00" EAST 664.08 FEET'; THENCE NORTM'88° 3T 00" WEST ALONG SAID RIGHT OF WAY TINE OF IMPERIAL HIGHWAY:A DISTANCE OF 20.00 FEET TO AN ANGLE POINT THEREIN;`THENCE SOUTH 1° 23' 00" WEST' ALONG SAID RIGMT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE OF ' 135.76 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY SOUTH 88° 37''00" EAST AT RIGHT ANGLES TO SAID RIGHT OF WAY LINE A DISTANCE OF 160.00 FEET; THENCE NORTH 1°-23' 00" EAST PARALLEL WITH SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE OF 136.37 FEET TO A POINT 1N THE SOUTHERLY RIGHT OF WAY LINE OF LAPALMA AVENUE 90.00 FEET WIDE, AS SHOWN'ON SAID MAP, SAID ' SOUTHERLY RIGHT OF WAY LINE AT SAID POINT BEING THE ARC OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1,355.00 FEET, A RADIAL LINE THROUGH SAID POINT ` BEARS NORTH 9° 55' 05" EAST; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF LA PALMA AVENUE, THROUGH A CENTRAL ANGLE-0F 5° 57' 02" AN ARC DISTANCE OF' 140J3 FEET TO A POINT IN SAID EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIGHWAY; THENCE SOUTH 1° 23' 00" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANCE OF 1424 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE SOUTHERLY HALF OF LA PALMA AVENUE ADJOINING SAID LAND OF THE NORTH, AS SAID AVENUE IS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, RECORDED MAY 19, 1970, IN BOOK 9293, PAGE 251, OFFICIAL RECORDS. EXCEPTNG THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEEDRECORDED OCTOBER 14, 1952, IN BOOK 2395, PAGE 522, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS PARCELS 1 AND 2 W THE FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 12, 2002 AS INSTRUMENT NO. 2002001 1 31 1 91 OF OFFICIAC RECORDS, PARCEL B: THAT PORTION OF PARCEL2, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 30, PAGE(S) 48, OF PARCEL MAPS ON FILE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EASTERLY RIGHT OF WAY LINE OF IMPERIAL HIGHWAY, SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN SAID EASTERLY RIGHT OF WAY LINE SHOWN ON SAID MAP AS "NORTH 1° 23' 00" EAST 664.08' FEET"; THENCE NORTH 88° 37' 00° WEST ALONG SAID RIGHT OF WAY LINE OF IMPERIAL HIGHWAY A DISTANGE OF 20.00 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 1' 23' 00" WEST ALONG SAID RIGHT OF WAY OF IMPERIAL HIGHWAY A DISTANCE OF 135.76 FEET TO THE TRUE POINT OF BEGINNING OF THE LAND HEREW DESCRIBED; RUNNING _THENCE SOUTH 88° 3T 00" EAST AT RIGHT ANGLES .TO SAID RIGHT OF WAY LINE A DISTANCE OF 11,82FEET TO THE BOUNDARY LINE OF THE LAND CONVEYED TO Cr\PC2006-71 _1'- ' PC2006-71 • • THE STATE .OF CALIFORNIA 6Y DEED RECORDED OCTOBER °14, 1952 IN BOOK 2395, PAGE 522, OFFICIAL RECORDS; THENCE NORTH 66° 48` 55" WEST, ALONG SAID BOUNDARY LINE, 12.82 FEET TO AN ANGLEPOINT THEREIN; THENCE SOUTH 1° 23' 00" WEST 4.76 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C: THAT PORTION OF THE RANCHO CANON DE SANTA ANA, IN THE CITY OF ANAHEIM, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THAT CERTAIN CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 1355 FEET' AND AN ARC LENGTH OF 445.24 FEET, IN THE SOUTHERLY TINE OF THE STRIP OF'LAND, 90 FEET WIDE, AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM FOR LA PALMA AVENUE, RECORDED MAY 19, 1970'IN BOOK. 9293, :PAGE` 261, 'OFFICIAL RECORDS, WITH THE EASTERLY LINE OF THE LAND' ACQUIRED BY THE STATE OF CALIFORNIA W THE DEED RECORDED OCTOBER 14, 1952 ' IN ,BOOK 2395, PAGE 522, OFFICIAL RECORDS, AND RUNNING THENCE WESTERLY " ALONG THE WESTERLY CONTINUATION OF SAID CURVE FORM THE TANGENT WHICH BEARS NORTH 85° 38° 21" WEST THROUGH AN ANGLE OF 0° 25' 39" AN ARC DISTANCE : OF 10.11 FEET; THENCE TANGENT NORTFi 86° 04' 00" WEST 0.74 FEET TO A TANGENT GURVE CONCAVE SOUTHERLY AND HAVING A'RADIUS OF 22 FEET; THENGE WESTERLY ,. ALONG SAID LAST MENTIONED CURVE iTHROUGH AN ANGLE OF'24° 24' 18", AN ARC ' DISTANCE OF 9.37 `FEET TO THE NORTHERLY PROLONGATION OF THAT CERTAW C~URSE DESCRIBED AS HAVING A LENGTH OF 131 FEET IN SAID DEED TO THE'STATE OF CALIFORNIA; THENCE ALONG' SAID PRQLONGATION: SOUTH 1° 50' 03" WEST 10.64 FEET TO', THE NORTHERLY TERMINUS -0F SAID COURSE; THENCE ALONG THE BOUNDARY LINES OF SAID LAND SO ACQUIRED 8Y THE STATE OF CALIFORNIA, SOUTH 88° 09' 57" EAST 20 FEET AND NORTH 1° 50' 03" EAST 1424 FEET TO THE POINT OF ` BEGINNING. : WHEREAS, the Pianning Commission did hoid a public hearing at the Civic Center in the City of Anaheim on Juty_10, 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 July 24 and August 21, 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 construct a four (4) unit commercial retail center and to permit roof-mounted equipment in the Scenic Corridor (SC) Overlay Zone, is properly one for which a conditional ' use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Commercial Retail Centers) and 18.18.090.010 with waivers of the following: ' (a) SEC710N NO. 18.18.090.010.0102 Minimum landscaped setback. 25 feet required; 9-19.5 feet proposed) (b) SECTION NO. 18.18.090.010.0102 Minimum structural setback. : 50 feet required; 19 #eet proposed to the utility equipment) 2. That the above-mentioned waivers (a) and (b) are hereby approved as the site is uniquely constrained by its small size and required street widenings on both frontages. This small size limits the acceptable locations to place above ground utility equipment away from public view. Additionally, the neighboring property to the south and east provide similar landscape setbacks. -2- PC2006-71 • • 3. That the proposed commercial retail buiiding 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 Jocated. ,, . _ 4. 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 theparticular area or to the health and safety. 5. ' That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the areabecause the design of the commercial building provides adequate parking on-site and adequate access from LaPalma Avenue. 6. That granting of the conditional, use permit under the conditions imposed, will not be detrimenta{ to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatiblewith 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: CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: 7hat the Anaheim Planning Commission has reviewed the proposal; 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 su6ject 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. , Thafthe number of tenant spaces for this commercial retail center shall be limited to four (4). Said information shall be specifically shown on plans submitted for building permits. 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. 4. That no outdoor vending machines shall be permitted on the property. 5. That there shall be no outdoor storage permitted on the premises. 6. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 7. That no banners or other advertising shall be displayed unless a Special Event Permit is first obtained to authorize said display. 8. 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 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 tor Police Department, Community Services Division approvaL 9. 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 Community Preservation Division of the Planning Department shall -3- PC2006-71 . • 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. 10. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail 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. 11. 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 _ 12. 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 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 p{ant 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 su6mitted for building permits. 13. That the project shall provide for accessible truck deliveries on-site. Such information shall be specifically shown on plans submitted for building permits. 14. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that if is removed, damaged, diseased and/or dead. 15. That all roof-mounted equipment shall be subject to Anaheim Municipal Code Section _ 18.18.090.020.0202 pertaining to the "SC' Scenic Corridor Overlay Zone and 18.38.170 pertaining to the C-G'(General Commercial) Zone. Such information shall be specifically shown on plans submitted for building permits. 16. That 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 showrron plans submitted for building permits. ' 17. 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 discovery. 18. That a final coordinated sign program for the entire center, including specifications for the monument sign and wall signs, shall be submitted to the Planning Services Division for review and approval as to placement, design, and materials. Said plans for the monument sign shall incorporate the stone treatment used on the building,' a minimum 18-inch high base including 9-inch high address letters, and a decorative cornice treatment along the full length of the monument sign. The signage shall be designed to complement the architecture of the commercial retail center. Any decision by staff may be appealed to the Planning Commission as a"Reports and Recommendations" item. 19. 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 a~l public streets and alleys. Said information shall be specifically shown on plans and approved by the Water Engineering Department. 20. 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. . -4- _ PC2006-71 • . 21. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shali 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. 22. > That all existing water services and fire lines shall conform to current Water Service Standards Specifications. Any water service and/or #ire line that does not meet current standards shall be ' upgraded if continued use is necessary or abandoned if the existing water service is no longer - needed. The owner/developer shalf beresponsible for the costs to upgrade or to abandon any water _ service'of the fire line. - ' 23. 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 aonserving natural areas. . lncorporates 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. -• Describes the long-term operation and maintenance requirements #or the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs. 24. 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 tha# 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. 25. 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., 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, access points, etc.). - 26. That any required relocation of City electrical facilities shall be at the developer's expense. 27. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 28. That any proposed freestanding sign on subject property shall be a monument-type not exceeding seven (7) feet in height as measured from the grade of the sidewalk and shall be subject to the review and approval of the City Traffic and Transportation Manager to determine adequate lines-of- sight. 29. That plans shall be submitted to the Traffic and Transportation manager for his review and approval showing conformance with Engineering Standard No. 115 pertaining to sight distance visibility for the' monumen# sign and wall location.' -5 PC2006 71 . • , 30. That plans shallbe 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 tleveloped and maintained in conformance with said plans. 31. Thafan Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed : form to the Anaheim' Police Department. : 32. That final elevation plans shall be submitted to the Planning Services Division for review. Said plans shal(incorporate a'ledge'stone or similar enhanced treatment and decorative lighting along each building`elevation. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item: 33. : 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. 34. That final landscape plans in compliance with Zoning Code requirements for the subject property shall be submitted to the Planning Department #or review and approvaL Said plans shall show minimum 24-inch box size trees, shrubs, groundcover, and clinging vines to be planted in layers on ' alf walls visibfe from thepublic right-of-way and within landscaped setbacks: The landscape material selected shall be appropriate to the width `of the planter area. Said plan shall also include a landscaped planter along the west building elevation (facing lmperial Highway):- Any decision made by the Planning Department regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. All t~ees 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. 35. That the property owner shall work with the adjacent motel to refurbish the landscaping adjacent to the east and south property lines after construction of the new commercial center. 36. That the property owner shall submit a letter requesting termination of Variance No. 3854 (waiver of improvement of required setback adjacent to Imperial Highway to expand a parking area for an existing service stationJconvenience market), Variance No. 2307 (waiver of (1) requirement that a service station be integrated within a shopping center, (2) minimum required landscaped setback, (3) permitted identification sign, and (4) hours of operation limitation in order to establish a service station), and Conditional Use Permit No. 2148 (to permit a convenience market with gasoline services in the CL(SC) Zone with waivers of maximum size of price signs, free-standing signs in the SC Zone and permitted number of wall signs) to the Planning Services Division. 37. 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 6, and as conditioned herein. 38. 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, 8, 10, 11, 12, 13, 15, 16, 18, 19, 21, 25, 28, 29, 30, 32, 33, 34, and 36 above meniioned, shal{ 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. 39. 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 23 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. 40; That prior#o#inal building and zoning inspections, Condition Nos. 24, 31, 35 and 37, 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. -6- PC2006-71 ~ • 41. That approval of tfiis application constitutes approval of the proposed request only to the extent that it compiies with the Anaheim Municipal Zoriing Code and any other applicable City, State and Federai regulations: Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, reguiation or requirement. 42. 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 intent and purpose of the condition(s), (ii} themodification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved structure. BE 17 FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption ofithis Resolutiorr is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any partthereof, be declared invalid or unenforceableby 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 21, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - GeneraP' of the Anaheim Municipal Code pertaining tq ppe ,procedures and may be replaced by a City Council Resolution in the event of an appeaL ' ' ~ ,r .. . ~ . ~ ~ ~ . . l ._... . . ~ . . ~ f ~ ~. ~ .. .. . . , . . . r . . . /'' IRMA , AN H PLANNING COMMISSION ATTEST: iCi~i~ trla~ , 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 August 21, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE I~V WITNESS WHEREOF, I have hereunto set my hand this ~~ day of e m1 .; 2oos. _._ _ ~ ' f SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2006-71