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Resolution-PC 2008-12• • RESOLUTION NO. PC2008-12 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR AMENDMENT TO CONDITIONAL USE PERMIT NO. 3959 (TRACKING NO. CUP2007-05278) BE APPROVED, AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC97-129 (1221 SOUTH ANAHEIM BOULEVARD) WHEREAS, on September 15, 1997, the Anaheim City Planning Commission adopted its Resolution No. PC97-129 granting Conditional Use Permit No. 3959 to construct a 1,600 sq.ft. addition for one new retail space in an existing commercial retail center with the waiver of provisions of the Anaheim Municipal Code; WHEREAS, pursuant to the provisions of Section 18.60.190 of the Anaheim Municipal Code, the Anaheim City Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 3959, to remodel the exterior facade of the Fiesta Market and the adjacent retail building and restripe the parking lot with fewer spaces than required by code, for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT PLAT NO. 337, RECORDED JUNE 22, 1995, AS INSTRUMENT NUMBER 95-0264493 OFFICIAL RECORDS OF THE COUNTY RECORDED OF ORANGE COUNTY. WHEREAS, the above-described property is developed with a 27,064 square foot market, a 4,357 square foot retail/service, and two drive-through restaurants (Burger King and El Pollo Loco); that the property is zoned General Commercial (CG); and that the Anaheim General Plan designates the property for General Commercial land uses; WHEREAS, the Planning Commission on January 7, 2008, continued this item to the January 23, 2008, Planning Commission hearing as requested by the applicant; WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 23, 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 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 - PC2008-12 • • 1. That the proposed amendment would not adversely affect the adjoining land uses and the growth and development of the area in that the market and adjacent uses are existing and the proposed amendment to improve the parking and facade of the buildings has no adverse affects on the surrounding areas; and 2. That the traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because adequate parking is provided on-site; and 3. That granting this 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 4. That no indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: 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 for the reasons hereinabove stated does hereby grant the amendment to Conditional Use Permit No. 3959 as described above. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend the conditions of approval of Resolution No. PC97-129, pertaining to Conditional Use Permit No. 3959, as follows: Responsible COA/ for MMP Conditions of Approval Monitoring GENERAL COA 1 Prior to final and zoning inspections or within a period of one (1) Planning year from the date of this resolution, whichever occurs first, the 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 No. 1, through No. 4 and as conditioned herein. COA 2 That signs advertising businesses in the market and the adjacent Planning retail/services shall conform to the City of Anaheim sign regulations. Signs installed without the benefit of a building permit and prohibited by the Anaheim Municipal Code, shall be removed immediately. - 2 - PC2008-12 • • Responsible COA/ for MMP Conditions of Approval Monitoring COA 3 That timing for compliance with conditions of approval maybe Planning 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. COA 4 That extensions for further time to complete conditions of approval may Planning be granted in accordance with Section 18.60.170 of the Anaheim Municipal. COA 5 That approval of this application constitutes approval of the proposed N/A 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. COA 6 The property shall be permanently maintained in an orderly fashion by Code providing regular landscape maintenance, removal of trash or debris, and Enforcement removal of graffiti within twenty-four (24) hours from time of discovery. COA 7 Any tree and/or landscaping planted on-site shall be replaced in a timely Planning/ manner in the event that it is removed, damaged, diseased and/or dead. Code Additional landscaping shrubs shall be provided along Anaheim Enforcement Boulevard for parking lot screening. COA 8 The proposed block walls at the shopping cart storage areas and the Code block wall at the existing trash enclosure shall be enhanced with vines Enforcement to minimize opportunities for graffiti. COA 9 No outdoor storage shall be permitted other than for overflow of Code operable shopping carts. Carts shall be stored within the designed cart Enforcement storage areas adjacent to the main entrance. COA 10 The business shall designate an employee to monitor the parking lot Code every 30 minutes during business operating hours for cart retrieval. The Enforcement operator shall also post signs on the property and label each individual cart prohibiting the removal of carts from the property. - 3 - PC2008-12 • Responsible COA/ for MMP Conditions of Approval Monitoring COA 11 The wall mounted sign for the corner tenant of the retail building (music Code store) shall be replaced with conforming signs with completion of the Enforcement exterior faced improvements or within 90 days of this approval. COA 12 No outdoor storage shall be permitted at the southwest corner of the site Code and within public view. The gate access to the loading area at the rear of Enforcement the market shall remain closed at all times except during deliveries. COA 13 The open area between the existing market and the retail stores shall not Planning be used for outdoor seating unless authorized with a future restaurant use. COA 14 The tractors and /or trailers shall not be parked in the parking lot. Code Loading and unloading shall only occur in the loading area to the rear of Enforcement the market building. COA 15 The chiller equipment at the rear of the property is installed without a Planning building permit. Adequate architectural and structural plans for obtaining a building permit shall be submitted for review and approval. A building permit shall be obtained within 90 days from the date of this approval or the equipment shall be removed or relocated to an approved location. Plans shall include a screening method from the adjacent street and residential properties. COA 16 The delivery trucks shall access the property only from Anaheim Code Boulevard. An adequate 20 foot clear emergency access shall be Enforcement maintained at the joint driveway along the southerly property at all times. Delivery trucks shall not use this driveway for idling and shall turn off their engines during non-permitted hours of delivery. The authorized delivery hours are from 7:00 a.m. to 7:00 p.m. COA 17 Wheel stops shall be properly maintained at all times. Code Enforcement COA 18 Rooftop address numbers -Provide minimum size 4 feet in height, 2 Police feet in width and 6 inches thick spaced 12 to 18 inches facing the street to which the structure is addressed. Numbers shall be painted or constructed in a contrasting color. COA 19 Outdoor vending machines, public phones and temporary Code structures/canopies shall be removed within 90 days from the date of Enforcement this approval. - 4 - PC2008-12 • • Responsible COA/ for MMP Conditions of Approval Monitoring COA 20 Prohibited signs and lighting shall be removed. Code Enforcement COA 21 No trespassing signs shall be posted at the entrances of parking Police lots/structures and other appropriate locations. Signs shall be at least 2 feet by one foot with white background and black lettering. COA 22 Complete aBurglary/Robbery Alarm application, Form APD 516, and Police return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following website: http://www. anaheim.net/article. asp?id=678 COA 23 All entrances to parking areas shall be posted with appropriate signs per Police 22658(a) C.V. C. to assist removal of vehicles at the property owner's request. COA 24 Address numbers shall be positioned so as to be readily readable from Police the street. Numbers shall be illuminated during hours of darkness. COA 25 The parking lot serving the premises shall be equipped and maintained Police with decorative lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all person on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residences. COA 26 All center signs including wall mounted and monuments signs shall be Planning submitted under a separate permit. 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. - $ - PC2008-12 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 23, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHA A ,ANAHEIM ANNING COMMISSION ATTEST: ~. ~~~, SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 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 January 23, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of February, 2008. ARY, ANAHEIM PLANNING COMMISSION _ 6 _ PC2008-12