Resolution-PC 2007-85~, ~
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RESOLUTION NO. PC2007-85
' A RESOWTION OF THE ANAHEIM PLANNiNG COMMISSION-
THAT PETITION FOR CONDITIONAL USEPERMIT N0. 2007-05226 BE GRANTED
(1112 NORTHBROOKHURST STREET AND 2157-2165 WEST L.A PALMA AVENUE)
WHEREAS, the AnaheimPlanning 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: '
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BEING PORTIONS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 5„TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY'OF ORANGE STATE
OF CALIFORNIA, PER MAP ` RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, ONE,PORTION MORE PARTICULARLY DESCRIBED' IN TAT
CERTAIN GRANT DEED TO THE STATE OF CAUFORNIA RECORDED
MARCH 11, 1996 AS INSTRUMENT NO. 19960118919 OF OFFICIAL
RECORDS AND ONE PORTION A BEING THAT CERTAIN PARCEL OF LAND
DESIGNATED AS PARCEL NO. 200742-11N 7HE SUPERIOR COURT OF THE
STATE OF CAUFORNIA FOR TME COUNTY OF ORANGE, A COPY OF
WHICH RECORDED SEPTEMBER 12, 1997 ' AS INSTRUMENT . NO.
19970446574 OF OFFICIAL RECORDS OF SAID COUNTY, LYING
NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5 AS
SHOWN ON TRACT NO. 2093 RECORDED W' BOOK 76 PAGES 45
THROUGH 48, INCLUSIVE OF SAID MISCELLANEOUS MAPS; TMENCE
SOUTH 89°35'53" EAST 658.30 FEET ALONG THE SOUTHERLY LINE OF
SAID SECTION; THENCE NORTH 00°24'07" EAST 53.00 FEET FROM THE
SOUTHERLY LINE OF SAID SECTION; SAID POINT BEING THE POINT OF
BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A CURVE
TANGENT TO SAID PARALLEL LINE; CONCAVE NORTHERLY AND HAVING '
A RADIUS OF 1480.00 FEET; THENCE WESTERLY 149.05 FEET ALONG
SAID CURVE CONCAVE THROUGH A CENTRAL ANGLE OF 5°46'12" TO A
POINT OF REVERSE CURVATURE WlTH A CURVE CONCAVE SOUTHERI.Y
AND HAVING A RADIUS OF 1480.00 FEET; A RADIAL LINE TMROUGH SAID
POINT BEARS SOUTH 06°10'19" WEST; THENCE WESTERLY ALONG LAST
SAID CURVE THROUGH A CENTRAL ANGLE OF 5°46'12" AN ARC LENGTH
OF 149.05 FEET TO A POINT OF TANGENCY W1TH A'LiNE PARAtLEL WiTH
AND DISTANT NORTHERLY 68.00 FEET FORM THE SOUTHERLY LINE OF
SAID SECTION; THENCE ALONG SAID PARALLEL LINE NORTH 89°35'53"
WEST 273.67 FEET.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS .
ARE . ON THE CALIFORNIA COORDINATE SYSTEM OF 1927, ZONE 6.
MULTtPLY ALL DtSTANCES USED lN THE ABOVE DESCRIPTIONS BY
1.00001210 TO OBTAIN GROUND LEVEL DISTANCES.
APN: 072-415-50
THE LAND REFERRED TO IS SI7UATED W THE COUNTY OF ORANGE,
CITY OF ANAHEIM, STATE OF CALIFORNIA, AND IS DESCRIBED AS
FOLLOWS:
Cr\PC2007-85 _1- PC2007-85
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- THE WEST 317.00 FEE7 OF THE SOUTH 283.00 fEET OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, 'TOWNSHIP 4
SOUTH, RANGE 10 WEST IN THE RANCHO LOS COYOTES, IN THE Cll°Y OF
' ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP;ON FILE JN BOOK 51, PAGE 10 OF MISCELLANEOUS` MAPS,
- RECORDS OF SAID ORANGE COUNTY.
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE `SOUTH
53.00 FEET WITH THE EAST 11NE OF THE WESTERLY 190.00 FEET OF
SAID SECTlON, THENCE NORTH 0°19'44" WEST ALONG SAID EAST LINE
107.00 FEET TO A POINT 40.00 SOUTHERLY OF NORTHERLY LINE OF THE
SOUTHERLY LINE 200.00 FEET; THENCE NORTH 45°16'14" WEST 56.63 -
FEET TQ A POINT W THE NORTHERLY LINE OF SAID SOUTHERLY 200.00 .
FEET, SAID POINTBEING 40:00 FEETWESTERLY OF SAID EAST LINE OF
SAID WESTERLY 190:00; THENCE SOUTH 89°46'26" WEST ALONG. LAST '
MENTIONED NORTHERLY LINE 90.00 FEET TO A POINT IN THE EASTERLY
LINE OF THE WESTERLY 60.00 FEET OF SAID SECTION; THENCE SOUTH
0°19'41", EASTALONG LAST MENTIONED EASTERLY LINE 122:00 FEET TO
' A POINT 25.00 FEET NORTHERLY 0F SAID NORTH LINE OF THE SOUTM
53.00 FEET OF SAID SECTION; THENCE SOUTH 46°23'28" EAST 36.10 FEE7
' TO A POINT IN SAID NORTH LIEN OF SAID SOUTH 53.00 FEET OF SAID
SECTION SAID POINT BEING 26.00 EAST ALONG LAST MENTIONED
NORTH LINE 104.00 FEET TO THE POINT OF BEGINNING:
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE
STATE OF CAUFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED
OCTOBER6, 1999 AS INSTRUMENT NO. 19990711586, OFFICIAL RECORDS
OF ORANGE COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 23, 2007, at 2:30 p.m., notice of said public hearing havingbeen 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 expand an existing commercial retail center with a drive-through
coffee shop, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code
Section 18.08.030.040.0402 (Commercial Retail Center and Restaurants - Drive-Through) with waivers of
the following provisions:
(a) SECTION NO. 18.080.050.010 Maximum structural heictht.
LO feet permitted; 29 feet proposed)
(b) SECTION NO. 18.080.060.010.0101 Minimum landscape setback.
10 feet required; O feet proposed)
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APN: 072-415-45
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(c) SECTION NO. 18.080.060.010.0102 Minimum buildinq setback.
20 feet required; 5 feet proposed)
(d) SECTION NO. 18.42.040.010 Minimum number of parkinq spaces.
~ ' (129 required; 91 `proposed)
2. Thaf waiver (a) pertaining to structural height, waiver (b) for minimum landscape setback
and waiver (c) forminimum building setback are hereby approved because the property's configuration is
unique as the property only shares a corner with a single-family residential zone boundary rather than a
property line. The location of,the expansion of the commerciai center is limited and compliance with these
code requirements would render one-third of the site unusable.
3. Thaf the waiver pertaining to parking, 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 because the
spacesprovided exceed #he demand for the commercial center. '
4. That'the parking waiver, under the conditions imposed; will not increase the demand and
competition for parking spaces upon the public streets in #he immediate vicinity of the`proposal because
adequate parkingwill be provided on the property.
5. That the parking waiver, under the conditions imposed, will not increase traffic congestion '
within the off-street parking areas or lots provided for the proposed uses because adequateparking and
circulation is provided. ~ -
6. That the proposed commercial retail center and drive-through restaurant, 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 because the property is predominately surrounded by other commercial
uses.
7. 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.
8. That granting of this 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.
9. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subjectpetition.
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
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 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
health and safety of the Citizens of the City of Anaheim:
Prior to issuance of a buildinq permit or within a period of one (1) vear from the date of this
resolution whichever occurs first. the followin4 conditions shall be complied with:
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1. That the number of tenant spaces for this commercial retail center shall be limited to tweive (12). Said
information shail be specifically shown on plans submitted for building permits.
2. That parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds contiguous
to buildings shaU 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 ap persons, property, and vehicies on-site. Said information
shall be specifically shown on plans'submitted fior Police Department, Community Services Division
_ approval. :
3. 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 shaii be specifically shown on plans submitted for building permits.
4. That a plan sheet for solid waste storage, collection and a plan for recycling shail be submitted to the
Public Works Department, Streets and 5anitation Division for review and'approvaL
5. That trash storage areas shatl 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 #o be readily identifiable from adjacent streets or '
highways. The walls of the sforage 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. A decorative trellis feature shall be installed across the top of the #rash`enclosure area.
6. 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.
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 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. The signage shall be designed to complement the architecture of the
commercial retail center. Said plans shall also indicate the removal of the existing non-conforming pole
sign adjacent to Brookhurst Street. Any decision by staff may be appealed to the Planning Commission
as a"Reports and Recommendations" item.
9. 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 all public streets. Said information shalt be specifically
shown on plans and approved by the Water Engineering Department.
10. That all requests for new water services, fire hydrants, 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 since this project has a landscaping common 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 specificaUy shown on plans submitted for building permits.
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12. That the locations for future above-ground utility devices including, but not limited #o, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shali 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.).
13. That any required relocation of City electrical facilities shall be at the developer's expense.
14. That plans shaU be submitted to the Traffic and Transportation manager for his review and approval
showing conformancewith Engineering Standard No. 115 (10-foot radius curb returns for all driveways
and sight distance visibility for the monument sign and wail location).
15. That any removal or relocation of any traffic signal equipment or any other related item to the trafFic '
signal shall be at the developer's expense if the project requires street widening or new/modification of
the driveway:
16. That final elevation plans shall be submitted to the Planning Services Division for review. Said plans
shali incorporate the use of stone material, detailed information pe~taining to the materials and colors
proposed, the quality and design of proposed lighting and'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. The'colors and materials of the building are subject to the approval of the
Community Development Director. That vine pockets shall be incorporated into the east eleVation to'
discourage graffiti.
17. That building and parking lot lighting shall be decorative. Additionally, lighting fixtures shall 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. Light
fixtures shall be subject to the approval of the Planning Director and Community Development Director.
18. 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.
19. That final landscape and fencing plans shall be submitted to the Planning Services Division for review
and approval. Said plans shall show a minimum of twelve (12) trees, with a mixture of 24-inch and 36-
inch box sizes along La Palma Avenue, shcubs, and groundcover within landscape setbacks. The
landscape material selected shall be appropriate to the width of the planter area. Any decision made by
the Planning Services Division regarding said plan may be appealed to the Planning Commission as a
`Reports and Recommendation" item. Such information shall be specifically shown on the plans
submitted for building permits. Landscaping plans shall be subject to the approval by the Community
Development Director.
20. That the applicant shall abandon any City of Anaheim public utilities easements that conflict with the
proposed building footprint.
21. That a Lot Line Adjustment shall be submitted to the Public Works Department, Engineering Division,
Development Services to adjust the property line. The Lot LineAdjustment shall be approved by the
City Engineer and recorded in the office of the Orange County Recorder.
22. That decorative hardscape pattems shall be installed at each driveway on La Palma Avenue and
Brookhurst Street with a minimum depth of 5 feet. The color and pattern shall be subject to the
approval of the Community Development Director. Said information shall be specifically shown on the
plans submitted for building permits:
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Prior to issuance of qradin~t permit or within a period of one (1) vear whichever occurs first, the
followina conditionsshall be complied with: ' ''
23. That the applicant must coordinate with the City of Anaheim design section regarding the ultimate
location of the driveway approach. lf the applicant fails to coordinate the location of the driveway
.approach, at developers cost, the City constructed driveway approach shail be removed and replaced
with curb and gutter and a new driveway approach.shall be constructed in the correct location. A right-
of-way construction permit shall be obtained for work to be done in the City right-of-way.
24. That the applicant shall submit tothe Public Works Department, Development ServicesDivision 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 naturaf areas:
• Incorporates the applicable Routine Source Control BMPs as de~ned in the Drainage Area
Management Plan. :
• Incorporates Treatment Control BMP§ as defined in DAMP.
• Describes the long-term operation and maintenance requirements'for the Treatment Controi
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.
25: That the applicant shall demonstrate that coverage has been obtained under California's General
, Permit for Stormwater: Discharges Associated with Construction Activity by providing a copy of the
Notice of lntent (NOI) submitted to the State Water Resources Controf Board and a copy of the
subsequent notification of the issuance of a Waste Discharge Identification (WD1D)Number. The
applicanYshall prepare and implement a StormwaterPollution Prevention Plan (SWPPP). A copy of the
current SWPPP shall be kept at the project site and be available for Cityreview on request.
26. That the applicant shall obtain a demolition permit for demolition of existing structures.
Prior to final buildina and zonina inspections the followina conditions shall be comqlied with:
27. 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 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.
28. That an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form
to the Anaheim Police Department.
29. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which pfans are on file with the Planning Department
marked Exhibit Nos. 1 through 8, and as conditioned herein.
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General Conditions:
30. That no video, electronic or other amusement devices shall be permitted'on the premises.
31. That all pub{ic phones shall be located inside the buiiding.
32. That no outdoor vending machines that are visible to the public right-of-way shall be permitted on the '
property.
33. That all trash generated from #his commercial retail'center shalV 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 oradditional pick-up. Ali costs for increasing the number of bins or frequency ofpick-
up shall be paid by the business'owner. `
34. That the.property shaU be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within finrenty-four (24)
hours from the time of discovery.
35. That any tree or other landscaping planted on-site shaU be replaced in a timely manner in the event that
it is removed; damaged, diseased and/or dead.
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 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.
37. That extensions for further time fo complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal.
38. 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.
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 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 RESOLUTION was adopted at the Planning Commission meeting of
July, 23, 2007. Said resolution is subject to the appeai provisions set forth in'Chapter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution'in the event of an appeaL
CHAIRM N, HEIM4PLAN ! COMMlS$ION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION'
STATE OF CALIFORNIA`)
COUNTY OF ORANGE ) ss.
CITY OFANAHEIM )
1, Eleanor Morris, Senior Secretary of the Anaheim Pianning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on July 23, 2007, by the following vote of the members thereof: ' :
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES, ROMERO, VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this / 3 7~ 'day of
~ v ~S , 2007. _
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION :