Resolution-PC 2007-12• i
RESOI.UTfON NO. PC2007-12
A RESOLUTION OF THE'ANAHE{M PCANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05165 BE GRANTED
(150 NORTH RIVERVIEW DRIVE)
UVHEREAS, 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 A: PARCEL 1, AS SHOWN ON LOT LINE ADJUS7MENT PLAT NO. 463,
RECORDED JANUARY 25, 2001 AS INSTRUMENT NO. 20010043542 OF OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCELB: AN EASEMENT FOR INGRESS AND EGRESS PURPOSES OVER
`RIVERVIEW DRIVE" AS DELINEATED ON PARCEL MAP NO. 84-230, AS SHOWN
ON A MAP FILED IN BOOK 196, PAGES 33, 34 ABD 35 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL C: NON-EXCLUSIVE EASEMENTS AS CREATED UNDER THE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONSRECORDED
NOVEMBER 22, 1983 AS INSTRUMENT NO. 83-538297, OF OFFICIAL RECORDS OF
ORANGE COUNTY, STATE OF CALIFORNIA.
PARCEL D: NON-EXCLUSIVE EASEMEN7S AS CREATED UNDER THE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED
JUNE 4, 1985 AS INSTRUMENT NO. 85-203046, OF OFFICIAL RECORDS OF
ORANGE COUNTY, STATE OF CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 22, 2007, 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
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 52-foot high office building with roof-mounted
equipment and building height in excess of code 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 (Office),
18.18.030.020.0201 (Height), and 18.18.090.020.0202 (Roof-Mounted Equipment) with waivers of the
following:
(a) SECTION NO. 18.18.090.010.0101 Minimum landscaqe and structural
setback adiacent to a freewav. (90 feet
structural and 25 feet landscape required;
26 feet structural and 15 - 26 feet
landscape proposed)
(b) SECTION NO. 18.18.090.010.0103 Minimum landscape setback adiacent to a
local street. 20 feet required; 14 feet
proposed)
Cr\PC2007-12 -1- PC2007-12
~ •
(c) SECTION NO. 18.42.040.010 Minimum number of reauired qarkina
spaces• (300 required; 281 proposed)
(d) SECTtON N0.18.18.090.050.0501 Maximum number of permitted wall si_ ns.
`2 permitted per business unit not visible to
freeway; 2 proposed per business unit
visible to freeway) ~
2. That the above-mentioned waiver (a) is hereby approved as the site is unique' because of its
ir~egular triangle shape, long frontage adjacent to the freeway and frontage'on 3 public rights-of-way which
constrains the usable area of the lot. Additionally, the neighboring property to the west provides
proportionally similar landscape and structural setbacks.
3. That the above-mentioned waiver (b) is hereby approved because the site is uniquely
constrained by its irregular shape and denying the waiver would deprive this property a privilege enjoyed by
another property in the vicinity because the neighboring property to the south has been granted a variance
for a similar landscape setback:
4. That the above-mentioned waiver (c), under the conditions'imposed will not cause fewer off-
street parking spaces to be provided for such use than the number of such spaces necessary to
accommodate all vehicles attributable to theproposal under the normal and reasonably foreseeable
operation of such use, that although the gross floor area of the building is 75,000 square feet, the estimated
usable area will be approximately 70,250 square which equates to a parking requirement of 281 parking
spaces.
5. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposal since on-
street parking is prohibited along both Santa Ana Canyon Road and Riverview Drive.
6. That the waiver, will not increase the demand and competition for parking spaces upon
adjacent private property in the immediate vicinity of the proposed use since parking is contained within the
property boundaries of each building on the block and there is no circulation between the subject site and the
property to the west.
7. That the waiver, will not increase traffic congestion within the off-street parking areas or lots
provided for the proposed uses because the project is designed to anticipate the peak demand for the
professional office uses proposed.
8. That the waiver, under the conditions imposed, if any, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use
because the driveways and parking areas for the adjacent properties are self-contained and separate from
the proposed project.
9. That the above-mentioned waiver (d) is hereby approved as denying the waiver would
deprive this property a privilege enjoyed by another property across the freeway that was granted a variance
for the same number of wall signs but with a maximum area of 1,198 square feet. Further, the aggregate
area of proposed wall signage for the office building would have a cumulative area of approximately 44
square feet, significantly less than 1% of the area of the building elevation,
10. That the size and shape of the site for the professional office building is adequate to allow
full development in a manner not detrimental to the particular area nor to the health and safety of the citizens
of the City of Anaheim. :
11, That the size of the building, the property frontages on three (3) public rights-of-way, and the
irregular shape of the propertyJimits the ability to accommodate the equipment on the ground while
-2- PC2007-12
• •
maintaining all required setbacks. Further, the roof-mounted equipment would. not be visible from the
adjacent public rights-of-way and surrounding residences.
12: That the height of the building is consistent with similar approvals that have been granted for
buildings in excess of 35 feet in height on Riverview Drive.
13, That no one indicated their presence at said publichearing 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; 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 beclaration 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 lT RESOLVED that the Anaheim P4anning 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#he
safety and general welfare of the Citizens of the City of Anaheim:
1. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
ground contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate
illuminatiorr 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.
2. That the buifding and parking {ot lighting shafl be decorative. Additionally, lighting fixtures sha11 be
down-lighted and directed away from nearby residential properties to protect the residential integrity of
the area. Said information shall be specifically shown on the plans submitted for building permits.
3. That all trash generated from this office building shall be property 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 removaf of refuse from the property.
The Community Presenration 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.
4. That an on-site trash truck turn-around sha11 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.
5. That a plan sheet for solid waste storage, cotlection, and a plan for recycling shall be submitted to the
Public Works Department, Street and Sanitation for review and approval.
6. That trash storage areas shalt 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 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-galion size clinging vines planted on maximum 3-foot centers or
tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits.
-3- PC2007-12
• •
7. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four
(24) hours from the time of discovery.
8. That any tree or other landscaping planted on-site shap be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead.
9. ' That all roof-mounted equipment shaU 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 GG (General Commercial) Zone: Such information shall be specifically shown on plans submitted
for building permits.
10. 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 visibie from the streets or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
11. That a final coordinated sign program for the office building, 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 and a decorative cornice treatment afong the full length of the
monument sign. The building signs shall be designed to complement the architecture of the office
building. Any decision by staff may be appealed to the Planning Commission as a"Reports and
Recommendations" item.
12. That all new backflow equipment shall be located above ground and outside of the street setback area
in a manner fully screened from all pub{ic streets. Any other {arge water system equipment shal{ 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
shafl be specificaNy shown on p{ans and approved by the Water Engineering Department.
13. 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.
14. 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.
15. 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 is necessary or abandoned if the existing water service is no longer needed.
The owner/developer shall be responsible for the costs to upgrade or to abandon any water service of
the fire line.
16. That the developer shall improve Riverview Drive with a 4-foot wide sidewalk and 6-foot wide
landscaped parkway and Santa Ana Canyon Road with a 5-foot wide sidewalk and 5-foot wide
landscaped parkway including an ADA curb ramp with truncated domes in conformance with Public
Works Standard Details 161-A and 111-2. The curbs may remain in place and does not need to be
refocated. Additional right-of-way dedication is required to provide 10-feet total from face of curb to
proposed right-of-way line. Said information shall be specifically shown on plans submitted for building
permits.
17. That a parkway and sidewalk shall be constructed with the parkway irrigation connected to the on-site
irrigation system and maintained by the property owner. A bond for the required improvements 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
-4- PC2007-12
•
•
Development Services Division for all work performed in the right-of-way. The improvements shall be
constructed prior to final building and zoning inspections.
18. That prior to the issuance of a grading permit, the applicant shali submit3o 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.
•' 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 BMPs.
• Identifies the entity that will be responsible for long-term operation and maintenance
of the Treatment Control BMPs.
19. That priorto 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.
20. 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., shafl 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.).
21. That any required relocation of City electrical facilities shall be at the developer's expense.
22. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
23. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular
traffic in the adjacent public street. Instal{ation of any gates sha{I conform to Engineering Standard
Plan No. 609 and shall be subject to the review and approval of the City Tra~c and Transportation
Manager prior to issuance of a building permit. Said information shall be specifically shown on plans
submitted for building permits.
24. 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 that plans shall be submitted
to the Tra~c and Transportation manager for his review and approval showing conformance with
Engineering Standard No. 115 pertaining to sight distance visibility for the monument sign.
25. That plans shall be submitted to the Planning Services Division for review and approval in
conformance with the current version of Engineering Standard Pfan Nos. 436, and 470 pertaining to
-5- PC2007-12
• •
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 tinted glass or opaque windows and a distinct entryway facing Riverview Drive and
Santa Ana Canyon Road and decorative lighting along each building elevation. 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/orappropriate building materials. Said information shall be
specifically 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 24-
inch box size trees, shrubs, groundcover, and clinging vines to be pVanted in layers on all walls visible
from the public right-of-way and.within landscaped setbacks. All proposed retaining walls shall comply
with provisions of the code pertaining to height and screening. Any decision made by thePlanning
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 shalf be specifically shown on 3he plans
submitted for building permits.
30. That the property owner shall submit a letter to the Planning Services Division requesting termination '
of Conditional Use Permit No. 2000-04282 (to permit and construct a 45-foot high office building with
roof-mounted equipment with waiver of the minimum structural setback adjacent to a freeway),
Conditional Use Permit No. 269Q (to permit a 3-story, 57'/z foot high commercial building with waivers
of required site screening, type of business sign, minimum structural setback adjacent to a freeway),
and Variance Na 3882 (waiver of minimum structural setback adjacent to a freeway and required site
screening to construct a 3-story commercial office building).
31. That subject property shal! be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 10, and as conditioned herein.
32. That any existing public or private easements on the property that conflict with the building footprint
shal{ be abandon prior to issuance of building permits.
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, 2, 4, 5, 6, 9,1 Q,11, 12, 14, 16, 17, 20, 23, 24, 25, 27,
29, 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.
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, Condition No. 18, 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.
35. That prior to final building and zoning inspections, Condition Nos. 17, 19, 26 and 31, above-mentioned,
shaN be complied with.
-6-
PC2007-12
~ •
36. 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 esfablished that satisfiesthe 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
development.
37. 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. Approva{ does not inc{ude any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
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 compfiance 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 lT FURTHER RESOLVED that the applicant is responsible for paying al4 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
January 22, 2007. Said resolution is subjectto the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General'` of the Anaheim Municipal Code pertainin a rocedure d may be replaced
by a City Council Resolution in the event of an appeal. ,
CHAIRM , ANAHEIM PLANNING COMMISSION
ATTEST:
:z~2%~'~~+.~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CI7Y O~ 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 January 22, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
IN W{TNESS WHEREOF, I have hereunto set my hand this ~ day of
C , 2007.
/[.~~'~- ~~~2°~Vt~°~ -
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-7- PC2007-12