Resolution-PC 2007-24+~. i
RESOLUTION NO. PC2007-24
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION fOR CONDITIONAL USE PERMIT NO. 2007-05187 BE GRANTED ,
(2437-2441 WEST BALL ROAD)
` 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
LOT 1, TRACT 3091, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 92, PAGE 48
AND 49 OF MISCELLANEOUS MAPS, IN THE OFFIGE 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 March 19, 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 6y 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 request to permit the division of a retail unit into three (3) units and to
establish land use conformity for an existing commercial center is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section Nos. 18.08.030.040.0402 (Commercial Retail
Center) with the following waiver:
(a) SECTION NO. 18.42.040.010 Minimum number of qarkinq spaces.
~ (32 required; 29 proposed)
2. That the above mentioned waiver, 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 as the
estimated retail area will not increase from what is existing. The demand for the center is currently being met
by the existing parking condition and the availability of usable parking spaces will increase with the re-
striping. Additionally, the owner will be occupying one of the available retail units for a professional office,
which does not have the parking demand that code anticipates for retail uses.
3. That the 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 parking is prohibited
on West Ball Road. This restriction will not change with the improvements of the project.
4. That the waiver, will not increase traffic congestion within the off-street parking areas or lots
provided for the proposed use because the parking for the adjacent buildings is not readily accessible from
this property and there is no circulation between the subject site and adjacent properties.
5. 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 driveways and parking areas for the adjacent properties are self-contained and separate from the
proposed project.
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6. That the existing and continued use will not adversely affect the adjoining land uses or the
growth and development of the area in whicli it is proposed to be iocated.
7: That the size and shape of the site is adequate to a11ow the fuN development of the proposed
use in a manner not detrimental to the particular area or the health and safety in that there is no new square
footage proposed wlth this request.
8. 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 since the retail space is existing and the
division of the unit by itself does not generate a significant increase in traffic.
9. That the 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. :
" 10. That no one indicated their presence af said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning staff has
determined that the proposed project falls within ~the definition of Categorical Exemptions, Section 15301,
Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the
requirement to prepare additional enVironmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby granf 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 the
safety and general welfare of the Citizens of the City of Anaheim:
Prior to issuance of Buildina Permit or within a period of one (1) vear from the date of this resolution:
1. That a minimum of 29 parking spaces shall be maintained on site. Said information shall be
specifically shown on plans submitted for building permits.
2. That the number of retail tenant spaces shall be limited to three (3) and one (1) unit for accessory
storage for the retail units which cannot be used for commercial purposes, as indicated on the site plan
exhibit submitted by the applicant. Said information shall be specifically shown on plans submitted for
building permits.
3. 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 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. Said information shall
be specifically shown on plans submitted for Police Department, Community Services Division
approvaL
4. 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 from the streets or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
5. That any new 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.
6. 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
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instalied 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
shall be specifical(y shown on plans submitted for Water Engineering Division approvaL
7. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment's of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Departrrient.
8. 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 for 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 or to abandon any water :
service of fire line. :
9. That the locations for future above-ground utility devices including, but not limited to, electrical
#ransformers, 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.). Said
information shall be specifically shown on plans submitted for building permits
10. That any required relocation of City electrical facilities shall be at the developer's expense.
11. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public VVorks Department, Streets and Sanitation Division forreview 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 waUs of the storage areas shall be protected from graffiti opportunities by the ~se 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.
13. That all new 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.
14. That within sixty (60) days from the date of this resolution, all window signs on the property shaU not
exceed ten percent (10%) of the window area in compliance with Code.
Prior to finaf buitdinq and zonina inspections the followinp conditions shall be complied with:
15. 7hat an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed
form to the Anaheim Police Department.
16. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitio~er and which plans are on file with the
Planning Department Exhibit Nos. 1 through 5, and as conditioned herein.
General conditions:
17. That all public phones shall be located inside the building.
18. 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.
19. That no roof-mounted balloons or other inflatable devices shafl be permitted on the property.
20. That no outdoor vending machines shall be permitted on the property.
21. That there shall be no outdoor storage permitted on the premises.
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22. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and reinoval of graffiti'within twenty four (24) '
hours from time of discovery.
23. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the evenf
that it is removed, damaged, diseased and/or dead.
24. 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 PlanningDepartment shall determine the
need for additional bins or additional pick-up. Ap costs for increasing the number of bins orfrequency
of pick-up shall be paid by the business owner.
25. Extensions for further time to complete said conditions may be granted in accordance with Section
18.03.090 pf the Anaheim Municipal Code.
26. That approval of this applicatiori 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
req4aest regarding any other appiicable ordinance, regulation or requirement:
27. That#iming #or compliance with conditions of approval may be amended by the Planning Qirector 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 establishmenf~of the use or approved
development.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does here6y 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 ahy 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, shalf be deemed nu11 and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying aN 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
March 19, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to app r edures and may be replaced
by a City Council Resolution in the event of an appeal. • p~
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CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
(
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFpRNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
f, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted af a meeting of the Anaheim Planning Commission
held on March 19, 2007, 6y the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO
` NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
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SENIOR SECRETARY, ANAHEIM PLANNING CQMMISSION