Resolution-PC 2007-31~ ,~
RESOLUTION NO. PC2007-31
A RESOLUTIOM QF THE ANAHEIM PLANNING COMMISSfON
THAT PETITION FOR CONDITIONAL USE PERMITNO: 2007-05191 BE GRANTED
(5761 EAST SANTA ANA CANYON ROAD) ,
WHEREAS; the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real propertysituated in the City of Anaheim, County of Orange, State of California,
described as
PARCEL 1: THAT PORTION OF LOT 4 OF THE DOMINGUEZ ESTATE,AS SHOWN ON
A LICENSED SURVEYOR'S MAPS FILED IN BOOK 2,' PAGE 15 OF RECORD OF SURVEYS
IN' THE OFFICE OF` THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT NO. 7470, AS SHOWN ON A
MAP RECORDED IN' BOOK 326, PAGES 18; 19 AND 20 OF MISCELLANE4US MAPS,
RECORDS OF SAID ORANGE COUNTY, BEING A POINT ON THE NORTHWESTERLY LINE
OF THE SANTA ANA VALLEY 1RRIGATION ' COMPANY, AS DESCRIBED IN DEED
RECORDED MARCH 7, 1940 IN BOOK 1033, PAGE 362 OF OFFICIAL RECORDS; THEfVCE
ALONG SAID NORTHWESTERLY LINE SOUTH 74° 10' 35" WEST 507.09 FEET, NORTM 15°
49' 25" WEST 3.00 FEET, AND SOUTH J4° 10' 35 WEST 298.59 FEET TO THE
SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO W.F. GLEASON AND
WIFE, RECORDED MAY 22, 1951 IN BOOK 2191; PAGE 226 OF SAID OFFICIAL RECORDS, ;
BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
NORTHWESTERLY LINE SOUTH 74° 10' 35" WEST 715.09 FEET TO THE BEGINNING OFA
TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 818.20 FEET, ANp
WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09° 21' 14", AN ARC
DISTANCE OF 133.58 FEET TO A POINT ON THE WESTERLY LINE OF SAIp LOT 4, A
RADIAL LINE OF SAID CURVE PASSING THROUGH SAID POINT BEARS SOUTH 06° 28"
11" EAST; THENCE ALONG SAID WESTERLY LINE, NORTH 0° 16' 25" WEST 609.25 FEET
TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE
OF CALIFORNIA RECORDED FEBRUARY 27, 1969 IN BOOK 9995, PAGE 577 OF OFFICIAL
RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED
LAND, NORTH 70° 23' 17" EAST 132.19 FEET, NORTH 60° 52' 01" EAST 189.71 FEET, AND
NORTH 56° 00'53" EAST 179.51 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 4;
THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 81° 34' 25" EAST 125.13 FEET,
SOUTH 50° 34' 25" EAST 132.00 FEET, AND SOUTH 65° 19' 25" EAST 142.68 FEET TO THE
NORTHWESTERLY CORNER OF SAID LAND OF W.F. GLEASON; THENCE ALONG THE
WESTERLY LINE OF SAID LAST MENTIONED LAND, SOUTH 03° 22' 25" EAST 464.60 FEET
TO THE TRUE POINT OF BEGINNING.
PARCEL 1A: COMMENCING AT THE SOUTHWEST CORNER OF TRACT NO. 7470, PER
MAP RECORDED IN BOOK 326, PAGES 18 THROUGH 20 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, BEING AT A POINT ON THE NORTHWESTERLY
LINE OF SANTA ANA CANYON ROAD, 7160 FEET NORTHWESTERLY AT RIGHT ANGLES
FROM THE CENTERLINE OF THE WESTBOUND LAND THEREOF AS SHOWN ON SAID
TRACT NO. 7470; THENCE ALONG SAID NORTHWESTERLY LIEN OF SANTA ANA
CANYON ROAD, SOUTH 74° 10' 35" WEST 507.09 FEET, AND NORTH 15° 49' 25" WEST
3.00 FEET, AND SOUTH 74° 10' 35" WEST 269.55 FEET TO THE TRUE POINT OF
BEGINNING THENCE SOUTH 15° 49' 25" EAST 42.60 FEET; THENCE SOUTH 74° 10 35"
WEST 660.11 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF. 1968.00 FEET; THENCE ALONG SAID
CURVE, THROUGH AN ANGLE OF 6° 39' 31", AN ARC LENGTH OF 228.71'FEET TO A
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POINT ON THE SOUTHERLY PROLONGATION OF 7HE WESTERLY LINE OF SAID LOT 4;
THENCE ALONG SAID PROLONGATION AND SAtD WESTERLY 11NE, NORTH 00° 16' 15"
WEST 41.74 FEET TO A POINT ON A CURVE NORTHWESTERLY AND HAVING ARADIUS
OF 818.20 FEET, A RADIAL'LINE'THROUGH SAID POINT BEARS NORTM 6° 28' 11" WEST;
THENCE EASTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 9° 21' 14", AN ARC
LENGTH OF 133:56 FEET; THENCE ALONG TANGENT LINE, NORTH 74 10' 35" EAST
' 744.13 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2: THAT PORTION OF LOT 3 OF,THE DOMINGUEZ ESTATE, AS SHOWN ON
' A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING' AT A POINT W THE CENTERLINE OF PLACENTIA-YORBA ROAD, AS
SHOWN ON PLANS ENTITLED "'PLAN AND PROFILE OF PLACENTIA-YORBA ROAD" ON
FILE IN THE OFFICE OF THE COUNTY SURVEYOR'OFSAID COUNTY, DISTANT THEREON
NORTH 0°28' 36" EAST 384:41 FEET FROM ITS INTERSECTION WITH THE CENTERLiNE
OF SANTA ANA CANYON ROAD, 60.00-FEET WIDE, AS SHOWN ON A MAP ON FILE IN
SAID OFFICE' OF THE COUNTY SURVEYOR; THENCE SOUTH 83°46' 57" EAST 230.68
FEET TO THE WEST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO
THE STATE OF CALIFORNIA RECORDED JANUARY23, 1953 IN BOOK 2441, PAGE 84 QF
qFFICIAL RECORDS IN SAID-0FFICE;!THENCE NORTH 65° 02' 06" EAST 202.77 FEET TO .
THE TRUE POINT OF BEGINNING; THENCE NORTH 86° 25' 25" EAST 160.31 FEET;
THENCE NORTH 71°12' 00" EAST 116.09 FEET TO THE SOUTHERLY CORNER OF THAT '
CERTAIN PARCEL OF LAND DESCRIBED IN DEED (STATE PARCEL C2577) RECORDED
FEBRUARY 27, 1969 IN BOOK 8885, PAGE 577 OF OFFICIAL RECORDS IN SAID OFFICE;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 3, SOUTH 0° 32' 18" WEST 609.26
FEET TO A POINT IN THE NORTHERLY LINE OF THE SANTA ANA VALLEY IRRIGATION
COMPANY CANAL RIGHT-OF-WAY, THE CENTERLINE OF WHICH IS SHOWN ON A MAP
FILED IN BOOK 4, PAGES 44 TO 50 WCLUSIVE OF RECORD OF SURVEYS W SAID
OFFICE, SAID POINT BEING ON A CURVE RECORD OF SURVEYS IN SAID OFFICE, SAID
POINT BEING ON A CURVE CONCAVE NORTHERLY AND HAVING A RADlUS OF 818.20
FEET; THENCE FROM A TANGENT BEARING SOUTH 84° 20' 31" WEST, WESTERLY
ALONG SAID CURVE, THROUGH AN ANGLE OF 22° 40' 42", AN ARC DISTANCE OF 323.85
FEET TO THE SOUTHERLY TERMINUS OF THE EASTERLY LINE SHOWN AS "SOUTH 1
DEGREE 50' 03" WEST, 257.80 FEET' IN PARCEL 2 OF THAT PORTION OF IMPERIAL
HIGHWAY RELINQUISHED TO THE CITY OF ANAHEIM (REL-820) BY RESOLUTION OF
THE CAUFORNIA HIGHWAY COMMISSION, A CERTIFIED COPY OF WHICH RESOLUTION
IS RECORDED IN BOOK 10969, PAGE 47 OF SAID OFFICIAL RECORDS, AND AS SHOWN
ON MAP RECORDED MAY 23, 1973 IN BOOK 9, OF STATE HIGHWAY MAPS IN SAID
OFFICE; THENCE ALONG SAID EASTERLY LiNE OF tMPERIAL HIGHWAY, NORTH 1° 50'
03" EAST 257.80; FEET: THENCE NORTH 9° 56' 32" EAST 276.46 FEE7 TO THE TRUE
POINT OF BEGINNING.
PARCEL 2A: ALL THAT CERTAIN REAL PROPERTY BEING THAT PORTION OF THE
SANTA ANA VALLEY IRRIGATION COMPANY CANAL CONVEYED TO THE SANTA ANA
VALLEY IRRIGATION COMPANY BY DEED RECORDED JULY 18, 1934 IN BOOK 685, PAGE
255 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY, LYING WITHIN THE LIMITS OF
THE SOUTHERLY PROLONGATION OF THE SIDE LINES OF LOT 3 OF "DOMINGUEZ `
ESTATE", AS SHOWN ON A MAP FILED IN SOOK 2, PAGE 15 OF RECORD OF SURVEYS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUN7Y.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY LINE,
AND THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE OF THE LAND :
DESCRIBED IN THE DEED TO THE STATE OF CAUFORNIA RECORDED ,JANUARY 23,
1953 IN BOOK 2441, PAGE 84 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY. '
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WMEREAS, thePlanning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 2, 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
makefindings 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 request to expand an existing commercial retail center to construct a
small market with retail sales of beer and wine for off-premises consumption and accessory roof-mounted
equipment is properly onefor which a conditional use permit is authorized by Anaheim Municipal Code
Section 18.p8.030.040.0402 (Small Market with Alcoholic Beverage Sales - Off-Sale) and 18.18.090:0202
(Roof-mounted Equipment in the Scenic Corridor Overlay) with the following waiver:
SECTION'NO. 18.42.040.010 Minimum number of parkinq spaces .
(1.145 spaces required; 842 proposed)
2.' That the parking waiver is hereby approved based upon an update to a previous parking -
demand study prepared by Paul Singer, P.E., providing evidence that adequate parking exists on the
prope~ty for the existing commercial retail center and proposed market.
3. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for the commercial retail center and proposed market than the number of such
spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable
foreseeable conditions of operation because the parking study indicates that the peak parking demand for
off-street parking spaces is lower than the quantity provided for the project site 616 spaces needed and 842
spaces proposed).
4. That the parking waiver, under the conditions imposed, if any, will not increase traffic
congestion and will not increase the demand and competition for parking spaces upon the public streets in
the immediate vicinity of the use because the commercial retail center and proposed market will have
adequate parking to accommodate the project's peak parking demands.
5. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use
because as indicated in the parking study, adequate parking to accommodate the anticipated project peak
parking demand will be provided on-site.
6. That the parking 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 project site is physical{y separated from adjacent private properties. Furthermore,
it has been determined by the parking study that adequate on-site parking spaces are being provided.
7. That the use will not adversely affect the adjoining land uses or the growth and development
of the area in which it is proposed to be located as the parking study has demonstrated that the site can
accommodate the combined uses on site;
8. That the proposed roof-mounted equipment would be properly screened from view and that
other buildings within the commercial center are already developed with roof-mounted equipment.
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 because this is a retail use
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proposed within an existing commercial center that is designed in a manner that is consistent with the other
existing buildings.
10. That 5 people indicated their presence at said public hearing in.opposition; and that
32 e-mails were 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 Declaration together with any comments received during the public review process and further
finding on the bas'is 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 thaf 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 preserve the
safety and general welfare of the Citizens of the City of Anaheim:
ng conditions shall be complied with:
1. That final elevation plans shaf{ be submitted to the Planning Services Division of the Planning
Department for review and approval. Any decision made by the Planning Services Division regarding
said plan may be appealed to the Planning Commission.
2. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be
fufly screened by architectural devices and/or appropriate building materials. Said information shall
be specifically shown on the plans submitted for building permits.
3. That 4-foot high street address numbers shall be disp{ayed 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 for building permits.
4. 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.
5. That a double trash enclosure 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 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 fo~ building permits.
6. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No.
476 and maintained to the satisfiaction of the Public Works Department, Streets and Sanitation
Division. Said turn-around area shall be specifically shown on plans submitted for building permits.
7. That the project shall provide for accessible truck deliveries on-site. Said information shall be
specifically shown on plans submitted for building permits.
8. 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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installed to the satisfaction of the Water Engineeringbivision in either underground vaults or outside
of the streef setback area in a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by the Water Engineering
Department.
Prior to issuance of a s~radina aermit the followinq conditions shall be complied with: '
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9. That because the site is located within a liquefaction zone on a Seismic Hazard Map issued by the State
of California Divisions of Mines and Geology (DMG), the developer must submit a geotechnical report.
Prior to final buildincl and zoninq inspections the followins~ conditions'shall be complied with`.
10. Thaf all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonmenYs of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
11. That an Emergency Listing Card, Form'APD-281 shall be completed and submitted in a completed
form to the Anaheim Police Department.
12. That subject property shall 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 3, and as conditioned herein.
General Conditions
13. That any required relocation of City electrical facilities shall be at the developer's expense.
14. That there shall be no exterior advertising or sign of any kind or type, including advertising directed
to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior
displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a
violation of this condition.
15. That no display of alcoholic beverages shall be located outside of a building or within five (5) feet of
any public entrance to the building.
16. That the area of alcoholicbeverage displays shall not exceed 25% of the total display area in a
building.
17. That sale of atcoholic beverages sha11 be made to customers only when the customer is in the
building.
18. That beer and malt beverages shall not be sold in packages containing less than a four (4) pack, and
that wine coolers shall not be sold in packages containing less than a four (4) pack.
19. That no wine shall be sold in bottles or containers smaller than 750 mL
20. That no person between eighteen (18) and twenty-one (21) years of age shall sell or be permitted to
sell any alcoholic beverage up to 10 p.m. unless a supervisor twenty-one (21) years or older
approves the transaction.
21. That no person under eighteen (18) years of age shall sell or be permitted to sell any alcohoL
22. That the possession of alcoholic beverages in open containers and the consumption of alcoholic
beverages are prohibited on or around these premises. :
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23. That there shall be no amusement machines, video game devices, or pool tabies maintained upon
the premises at any time.
24. That there shall be no pu6lic telephones on the property that are located outside the building and
within the controf of the applicant.
25. That the gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any
three (3) month period, The applicant shall maintain records on a quarterly basis indicating the
separate amounts of sales of alcoholic beverages and other items. These records shallbe made
available for inspection by any City of Anaheim official when requested.
26. That all trash generated from the market and commercial retail center shall be properly contained in
trash bins located within approved trash enclosures. The number of bins shall be adequate end the
trash pick-up shall be as frequent as necessary,to ensure the sanitary handling and timely remova{ of
refuse from the property. The Community Preservation Division ofthe 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.
27. 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:
28. Yhat 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.
29. That the applicant shall submit a plan for review and approval to the Planning Services Division to
provide at a minimum, two locations within the parking lot for the containment of shopping carts. No
more than 6 parking spaces may be removed to provide accommodation for the shopping cart
containment areas within the parking {ot. The property owner shall use best management practices
to implement a parking plan that encourages employees of retail businesses to use remote parking
spaces that are less convenient for customers or patrons of the business establishment: Any
decision by the Planning Services Division may be appealed to the Planning Commission as a
°Reports and Recommendations" item.
30. Extensions for further time to complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim MunicipaL
31. 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.
32. 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 development.
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.
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BE ITFURTHER 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 aU charges
shall result in defays 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
April 2, 200T. Said resolution is subject to'the appeai provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal pr dures and may be replaced
by a City Council Resolution in the event of an appeaL
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HAIRMAN, NAH M PLANNING COMMISSION
ATTEST: ,
; . . ~ . . . . ... T . . ~ . ~ ~ . . . ~ .. . ~, . ~ . . . . . .
. . . . ~ ~~~/W ~ 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 Apr+l 2, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI, ROMERO
IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of
. a. , 2007. ,
/'!/`~ow~Ts-- ~~he'1l~t,o
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
PC2007-31