Resolution-PC 2006-77• •
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RESOLUTION NO. PC2006-77
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION --
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2006-05119 BE.GRANTED
(700 SOUTH STATE COLLEGE BOULEVARD)
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, IN THE CITY OF ANAHEIWI, COUNTY OF ORANGE, STATE OF. CALIFORNIA,
AS PER PARCEL MAP FILED W BOOK 5, ,PAGE 46 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 August 21, 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 usepermit and to investigate and
make findings and recommendations in connection therewith; and that said public hearing was continued to
the September 6; and September 18, 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, isproperly one
for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402
(Commercial Retail Centers) with waiver of the following:
(a) SECTION NO. 18.08.060.010.0101 Minimum structural and landscaped
setback. 15 feet structural and landscaped
required; 3 feet. 11_inches-15 feet
proposed)
2. That the above-mentioned waiver is hereby approved as strict application of the Zoning
Code deprives the property of privileges enjoyed by six other properties under identical zoning classification
in the vicinity of the site, and the site is uniquely constrained by its small size and required street widening
and structural and landscaped setbacks on both frontages and results in a special circumstance that does
not apply to other properties in the vicinity.
3. That the proposed 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.
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 the particular 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 area because the design of the commercial
building provides adequate parking on-site and adequate access from State College Boulevard and South
Street.
6. That 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 and will provide a land use that is
compatible with the surrounding area.
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7. That no one indicated their presence at said public hearing in opposition; and that a letter
was received with concerns about the subject petitiorr.
CAGFORNIA 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 independent judgment of tFie 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, BEJT RESOLVED that the Anaheim Planning Commission does "
hereby grant subjectPetition 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 the number of tenant spaces for this commercial re#ail center shall be limited to four (4). Said
information shall be specifically shown on plans submitted forbuilding permits.
2. That no video, electronic or other amusement devices shallbe permitted on the premises.
3. That all pu6lic phones shall be located inside the building. `
4. That no outdoor vending machines that are visible to the public right-of-way shall be permitted on the
property.
5. That adequate lighting of parkingJots, 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 for Police -
Department, Community Services Division approval.
6. That all trash generated from this commercia( 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
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.
7. 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
8. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department and in accordancewith 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.
9. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No.
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.
10. That the project shall provide for accessible truck deliveries on-site. Such information shall be
specifically;shown on plans submitted for building permi#s.'
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11. 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.
12. 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 shown on plans submitted forbuilding permits.
13. That the property shall be permanently maintained in an orderly fashion by the provision of regular
iandscaping maintenance, remoyal of,trash or debris, and removal of:graffiti within twenty-four (24)
hours from'time of discovery.
14. Thaf 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 1&inch high base, including 9-inch high address letters.
The signage shall be designed to complement #he arcfiitecture of the'commercial retail center. Any
decision by staff may be appealed to the Planning Commission as a"Reports and
Recommendations" item.
15. That all new backflow equipment shall belocated 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 all public streets and alleys. Said
information shallbe specifically shown on plans and approved by the Water Engineering
Department.
16. 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.
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 building permits.
18. That the existing water meter on South Street shall be re-located at minimum five feet from the new
proposed driveway. Said information shall be specifically shown on plans submitted for building
permits.
19. 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.
• bescribes the long-term operation and maintenance requirements for the Treatment
Control BMPs.
• 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 #he Treatment Control BMPs.
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20. , That prior#o issuance of a certificate of occupancy, the applicant shaiL• '~
- • Demonstrate that'ail 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-struc#ural BMPs
described in the Project WQMP.
• Demonstrate that an adequate number of copies of the approved Projects WQMP
are available onsite.
• Submit #or'review and approval by the City an Operation and Maintenance Plan for
all structural BMPs. ,, ,
21. 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.).
22. That any required relocation of City electrical facilities shall be at the developer's expense.
' ' 23. That any required relocation of traffic signal equipmenf or any related equipment shaU be at the
developer's expense.
24. That plans shall be submitted to the Traffic and Transportation manager for his'review and approval
showing conformance with Engineering Standard No. 115 (10-foot radius curb returns for all
driveways and sight distance visibility for the monument sign and wall location).
25. That plans shall be submitted to 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. Subject property shall thereupon be developed and
maintained in conformance with said plans.
26. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed
form to the Anaheim Police Department.
27. That final elevation plans shall be submitted to the Planning Services Division for review. Said plans
shall incorporate the following:
• Use of a more substantial stone material
. Detailed information pertaining to the materials and colors proposed
• Detailed information pertaining to the quality and design of proposed lighting
• Detailed information pertaining to the quality and design of trellises and canopies proposed
Any decision by staff may be appealed to the Planning Commission as a"Reports and
Recommendations" item.
28. 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 specificalty shown on the plans submitted for building permits
29. 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. Said plans shall show
minimum of fourteen (14), 24-inch box size trees (7 trees along South Street and 7 trees along State
College Boulevard), shrubs; graundcover, and clinging vines to be planted in layers on all walls
visible from the public right-of-way and within landscaped setbacks. The landscape material :
selected shallbe appropriate to the width of the planter area. 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
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owner to ensure mature, healthy growth. Such information shall be specifically shown on the plans
submitted for building permits. '
30. That the property owner shall work with the adjacent commercial center to refurbish the landscaping
adjacent to'the east and south propertyJines after construction of the new commercial center.
31. That the property owner shall submit a letter requesting termination of Conditionai Use Permit No.
815 (to permit a service station and Conditionai Use Permit No. 2382 (to permit a convenience
market with gasoline) to the Planning Services Division.
32. Thafthe 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 8,'and as conditioned herein.
33. 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, 5, 6, 7, 8, 9, 10, 12, 14, 15, ,17, 18, 19, 21, 24,
25, 27, 28, 29, 31 and 34, above mentioned, sfiall be complied with. Extensions for further timeto
complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
34. 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, Conditiorr No. 19 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 Cade.
35. That prior to final building and zoning inspections, Condition Nos. 20, 26, 30 and 32, 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.
36. That approval of this application constitutes approvat of the proposed request onfy 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 fintlings as to compliance or approval
of the request regarding any other appticable ordinance, regulation or requirement.
37. 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) 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 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.
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 RESOLU710N was adopted at thePlanning Commission meeting of
September 18, 2006: Said resolution is sub~ect to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions = General" of the Anaheim Municipal Code pertaining to,appe edures and may be replaced
by a City Council Resolution in'the event of an' appeal. ~ ,
HAIRMAN, AH M PLANNING COMMI
, ATTEST: :
/7 ~~y~°
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 September 18, 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 WITNESS WHEREOF, I have hereunto set my hand this ~ 9~ day of
e ~ ; 2oos.
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, SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION