Resolution-PC 2008-100RESOLLTfION NO. PC2008-100
A RESOLUTION OF THE ANAHEIM PLANNING CONIMISSION
DETERMINING THAT A PREVIOUSLY-APPROVED CEQA NEGATIVE DECLARATION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AIYD APPROVING AN AMENDMENT TO CONDITIONAL
USE PERMIT NO. 2007-05226 AND RESOLITTION NO. PC2007-85.
(1112 NORTH BROOKF-NRST STREET AND 2157-2165 WEST LA PALMA AVENUE)
WHEREAS, on July 23, 2007, the Anaheim City Planning Commission, by its
Resolution No. PC2007-85, did approve Conditional Use Permit No. 2007-05226 to expand an
existing commercial retail center and to construct a drive-through coffee shop; and
WHEREAS, the project is comprised of two contiguous properties, one of which
is currently developed with a commercial retail center and the other is vacant, and are located in
the GG (BCC) (General Commarcial - Brookhurst Commercial Corridor Overlay) zone; that the
Anaheim General Plan designates this property for General Commercial land uses; and
WF3EREAS, the Anaheim Planning Commission did receive a verified Petition
for certain real property in the City of Anaheim, County of Orange, State of Califomia, shown on
Exhibit A, attached hereto and incorporated herein by this reference for an amendment to
previously-approved Conditional Use Permit No. 2007-05226 to modify the approved plans to
increase the number of units from 12 to 14 and to pernvt a convenience market; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on October 13, 2008, 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
amendment to the conditional use pernvt 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:
l. That an amendment to the conditional use pemut to modify plans to increase the
number of units from 12 to 14 and to pemut a convenience market is permitted under authority
of Code Section 18.60.190;
2. That an amendment to the conditional use pernut will not adversely affect the
adjoining land uses or the growth and development of the area because the addition of two units
including a convenience mazket is consistent with the uses on the property and in the vicinity;
3. That the size and shape of the site for the commercial retail center, as amended, is
adequate to allow full development of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety, and general welfaze because appropriate areas
have been designated for pazking and circulation;
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4. That granting of the amendment to 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 because the requested
modifications would allow activities to be conducted on-site and are consistent with uses
predominantly surrounded by other commercial uses;
5. That the amendment will not cause fewer off-street parking spaces to be provided
for the commercial retail center than the number of spaces necessary to accommodate all
vehicles for employees and visitors and is consistent with the analysis of the previously-
approved parking demand study prepared by Rafiq and Associates in July 2p07; and
6. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
WHEREAS, the Anaheim Planning Commission has reviewed the proposal and
does hereby find that the Negative Declaration previously-approved in connection with
Conditional Use Permit No. 2007-05226 is adequate to serve as the required environmental
documentation in connection with this request.
NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission
for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional
Use Permit No. 2007-05226 as requested by the applicant.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the
reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval
adopted in connection with Planning Commission Resolution No. PC2007-85 and as adopted in
connection with Conditional Use Permit No. 2007-05226, as described in Exhibit "B" attached
hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite
to the proposed use of the subject property in order to preserve the health, safety and general
welfare of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or the duration of the use. Amendments, modifications and revocations
oFthis permit may be processed in accordance with Chapters I 8.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim
Municipai Code.
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 declazed invalid or unenforceable by the final judgment of the court of
competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed
null and void.
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BE IT FURTHER RESOLVED that the property owner/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, prior to the issuance of building permits or commencement of -
activity for this project, whichever occurs first, Failure to pay all chazges 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 October 13, 2008. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
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CHAIRMA , AN HEI LANN G ISSION
ATTEST:
SENIOR~fSE~RETARY, ANAHEIM PLANNING COMM[SS[ON
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 October 13, 2008, by the Following vote of the members thereo£
AYES: COMMISSIONERS: EASTMAN, FAESSEL, KARAKI, RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this 16`h day of
October, 2008. ~~
SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT ~°A"
CONDITIONAL USE PERMIT NO. 2007-05226
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LA PALMA AVE
Saurce: Rawrded Tract Maps and/or C0y GIS.
Please no~e ihe accuracy is+/- pvo to five feel.
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EXHIBIT °GB"
CONDITIONAL USE PERMIT NO. 2007-05226
Responsible for
No. Conditions of Approval Monitoring
PRIOR T( ) ISSUANCE 0~,4 G~f1 DING PERMLT <;; ;" ., , ~ ,, '
1 That the applicant shall submit to the Public Works Department, Development Public Works
Services Division for review and approval a Water Quality Management Plan
that:
• Addresses Site Design Best Management Pracrices (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 Treahnent Control BMPs as defined in DAMP.
• Describes the long-term operation and maintenance requirements for the
Treatment Control BMPs.
o Describes the long-term operation and maintenance requirements for the
Treahnent Control BMPs.
e Identifies the entity that will be responsible for long-term operation and
maintenance of the Treatment Control BMPs.
2 That the applicant shall obtain a demolition permit for demolition of existing Planning
structures.
PRIOR TO ISSUANCE OF'BUILDING PERMIT -
3 That the number of tenant spaces for this commercial retail center shall be limited Planning
to fourteen (14). Said information shall be specifically shown on plans submitted
for building permits.
4 That the property owner shall submit plans which detail the lighting system for Planning
any parking facilities adjacent to residential uses. The systems shall be designed
and maintained in such a manner as to conceal light sources to the extent feasible
to minimize light spillage and glare to the adjacent uses. All lighting fixtures,
types and locations shall be identified on the plan submitted for building permits.
5 That 4-foot high street address numbers shall be displayed flat on the roof of the Planning
building in a color that contrasts with the roof material. The numbers shall not be Police
visible from the streets or adjacent properties. Said information shall be
specifically shown on plans submitted for building permits.
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Responsible for
No. Conditions of Approval Moniforing
6 That a plan sheet for solid waste storage, collection and a plan for recycling shall Public Works
be submitted to the Public Works Department, Streets and Sanitation Division for .
review and approval.
7 That trash storage azeas shall be provided and maintained in a location acceptable Public Works
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 for building permits. A decorative
trellis feahue shall be installed across the top of all Yrash enclosure areas.
8 That an on-site trash truck turn-around area shall be provided per Engineering Public Works
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.
9 That the project shall provide for accessible truck deliveries on-site. Said Pla~ning
information shall be specifically shown on plans submitted for building permits.
10 That a final coordinated sign pragram for the entire center, including Planning
specifications for the monwnent 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.
11 That all new backflow equipment shall be located above ground and outside of Public Utilities
the street setback area in a manner fully screened from all public streets. Any
backflow assemblies currently installed in a vault shal] be brought up to current
standazds. Any other lazge 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 shall be specifically shown on plans and approved by
the Water Engineering Department.
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_ ._.
Responsible for
No. Conditions of Approval Monitoring
12 That all requests For new water services, fire hydrants, or fire lines, as well as any, Public Utilities
modifications, relocations, or abandonment of existing water services and fire
lines, shall be coordinated through Water Engineering Division of the Anaheim
Public Utilities Department.
13 That since this project has a landscaping common azea exceeding 2,500 square Public Utilities
feet; a sepazate 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.
14 That the locations for future above-ground utility devices including, but not Planning
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.).
15 That any required relocation ofCity electrical facilities shall be at the developer's ' Public Utilities
expense.
16 That any removal or relocation of any traffic signal equipment or any other Public Works
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.
17 That building and parking lot lighting shall be decorative. Additionally, lighting Planning
fixtures shall be down-lighted and directed away from nearby residential
properties to protect the residential integrity of the area. Said information shall be Community
specifically shown on the plans submitted for building perrrtits. Light fixtures Development
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 Planning
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 the applicant shall abandon any City of Anaheim public utilities easements Public Utilifies
that conflict with Yhe proppsed building footprint.
20 That a Lot Line Adjustment shail be submitted to the Public Works Department, Public Works
Engineering Division, Development Services to adjust the property line. The Lot
Line Adjustment shall be approved by the City Engineer and recorded in the
office of khe Orange County Recorder.
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Responsible for
No. Conditions of Approval Monitoring
21 That an alarm system or security key or card pad shall be provided for the reaz Planning
entry of Building "C" to ensure access limitations to employees only.
22 That street improvement plans with landscaping and irrigation to improve La Public Works
Palma Avenue shall be submitted to the Development Services Division of the
Public Works Deparhnent. Said plans shall indicate a 5-foot wide sidewalk and
5-foot wide parkway with landscaping along Brookhurst Street and La Palma
Avenue. Street trees along La Palma Avenue shall be per the City's Master Plan.
Irrigation in the public right-of-way along La Palma Avenue shali be connected
to the on-site irrigation system and maintained by the property owner. A right-of-
way construction permit shall be obtained from the Development Services
Division of the Public Works Deparhnent for all work performed in the right-of-
way. The improvements shall be constructed prior to final building and zoning
inspections.
23 That the westerly driveway approach along La Palma Avenue shall be removed Public Works
and replaced with a new curb and gutter, parkway landscaping and sidewalk. The
remaining driveway approaches on Brookhurst Street and La Palma Avenue shall
be removed and reconstructed per Engineering Standard Detail No. 115-B.
24 That decorative hardscape patterns shall be installed on-site at each driveway on Planning
La Palma Avenue and Brookhurst Street with a minimum depth of 5 feet. The
wlor and pattem shall be subject to the approval of the Community Development Community
Director. Said information shall be specifically shown on the plans submitted for Development
building permits.
PRIOR T( 1 FINACBUIL-I14~G.~ND20NIN~IN~PECTI~N..` .`
25 That prior to final building and zoning inspection, the applicant shall: Public Works
o Demonstrate khat ali structural BMPs described in the Project WQMP
have been constructed and installed in conforntance with approved plans
and specifications.
o Demonstrate that the applicant is prepazed to implement all non-
structural BMPs described in the Project WQMP.
o 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.
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26 That an Emergency Listing Card, Form APD-281 shall be completed and Police
submitted in a completed form to the Anaheim Police Deparhnent. ~
GENERAG
27 That there shall be no outdoor storage on the property. Code
Enforcement
28 That no video, electronic or other amusement devices shall be permitted on the Code
premises without appropriate permits. Enforcement
29 That all public phones shall be located inside the building. Code
Enforcement
30 That no outdoor vending machines that are visible to the public right-of-way shall Code
be permitted on the property. Enforcement
31 That all trash generated from this commercial retail center shall be properly Code
contained in trash bins located within approved trash enclosures. The number of Enforcement
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 Preservarion Division of the Planning Department shall determine
i 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.
32 That the property shall be permanentiy maintained in an orderly fashion through Code
the provision of regular landscaping maintenance, removal of trash or debris, and Enforcement
removal of graffiti within twenty-four (24) hours from the time of discovery.
Public Works
33 That any tree or other landscaping planted on-site shall be replaced in a timely Code
manner in the event that it is removed, damaged, diseased and/or dead. Enforcement
34 That subject property shall be developed substantially in accordance with plans Planning
and specifications submitted to the City of Anaheim by project applicant and
which plans are on file with the Planning Department marked Revision No. 1 of
Exhibit Nos. 1, 3, 5, 6, 7, 8, 9 and Exhibit Nos. 2 and 4 of Conditional Use Permit
No. 2007-05226, and as conditioned herein.
35 That timing for compliance with conditions of approval may be amended by the Planning
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.
36 That extensions for further time to complete conditions of approval may be Planning
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
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No.
Conditions of Approval Responsible for
Monitoring
37 That approval of this application constitutes approval of the proposed request Planning
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.
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