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Resolution-PC 2008-49RESOLUTION NO. FC2008-49 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, GLASS 1(~XISTING PACILITIES) AND APPROVING CONDITIONAL USE PERMIT NO. 2008-0~307 (910 SOUTH EUCLID STREET) WHEREAS; tY~e Anaheim Plannivg Commission did receive a verified Petition for a Conditional Use Pennit to permit the division of a retail unit into four (4) units and establish land use conformity for an existing commercial retail center in the General Commercial zone for certain real property situated in the City of Anaheim, County of Orange, State of Califomia, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, this property is currently developed with a single tenant comxnercial retail center within the General Commercial zone and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the applicant has requested to permit a commercial retail center pursuant to Code 3ection 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on Apri128, 2008, at 2:30 p.m, notice of said public hearing having been duly givan as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed request and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by atself 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 Che proposed zequest to permit the division of a retail unit into four units and establish land use conformity for an e~sting commercial retail center is properly one for which a conditional use permit is authorized under Code Section 18.10.030.040.0402 of the Anaheim Municipal Code. 2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the commercial retail center will improve e~sting site conditions regazding parking and landscaping in addition the division of the retail mut into four units will not negatively impact the existing pazking. 3. That the size and shape of the site for the use is adequate to allow the use in a maruier not deh-imental to either the particular area or health and safety as the property is fully developed and there is sufficient pazking to provide for the commercial retail center. 4. That the traffic generated by the use of the property as a commercial retail center will not iinpose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea and; -1- PC2008-49 >. That the granting of the conditional use pennit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 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 proposed project falls within the definition of Categorical Exemprions, Section 15303, Class 1(Exisring Facilities) as defined in the State CEQA Guidelines, and is therefore, eaempt from the requirement to prepaze additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby grant subject 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: Responsible for n0. Condifions of Approval DZonitoring PRIQR TO BUILDZNG PERMZTS ;;" . 1 That prior to the issuance of a building permit, a comprehensive sign Planning ' program consistent with the requirements contained in Code Chapter 18.44 shall be subinitted for review and approval by Planning ' Department. 2 That prior to the issuance of a building permit, colored building Flanning elevations shall be provided for review and approval by the Planning Departrnent to ensure building colors and materials are compatible with the immediately adjacent commercial retail center to the south. 3 That prior to the issuance of a building permit, a detailed landscape plan Planning shall be submitted for review and approval by the Plamiing Department. 4 That prior to the issuance of a building permit, detailed trash enclosure Planning/Public plans shall be submitted for review and approval by the Planning Works Deparhnent Department and Public Works Department - Streets and Sanitation Street az1d Division. Sanitation 5 ' That prior to the issuance of a building pernut, plans shall be submitted Public Works showing conformance with the current version of Engineering Standard Details 436 and 470 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. -2- PC2008-49 itesponsible for n0. Conditions of Approval Monitoring 6 That prior to the issuance of a building permit, plans shall show Public Works conformance with the current version of Engineering Standard Detail I15 pertaining to sight distance visibility for signs, landscaping, and ' fence/wall locations to the satisfaction of the City Engineer. 7 That all backflow equipment shall be located above ground outside the Public Utilities street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to cunent standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback azea in a manner fully screened from all public streets and alleys. Said infonnation shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for Building Permits. 8 That all requests for new water services or fire lanes, 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 Utalities Depamnent. 9 That all requests for new water services 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. `PRZOR:7 , 27:.FIN~IL:BUIL"DINGAlVD.ZONINGWSPECTI't~N :;; ,> v , . ",. ~, , ;. . ,... .~ . 10 That prior to final building and zoning inspection, the existing kiosk Planning located in the parking area shall be removed. 11 That prior to final building and zoning inspection, fire lanes shall be Public Works posted with "No Parking Any Time." Said information shall be specifically shown on plans submitted for building permits. 12 That if this project has a new landscaping area exceeding 2,500 square Public Utilities feet, a separate irrigation meter sha11 be installed in compliance with Chapter 1019 of Anaheim Municipal code and Ordinance No. 5349 regarding water conservation. -3- PC2008-49 Responsible for n0. Conditions of Approval Monitoring 13 That all existing water services and fire lines shall conform to current Public Utilities Water Services Standazds Specifications. Any water service and/or fire line that does not meet current standazds shall be upgraded if continued ' use if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgxade or to abandon any water service or fire line. G~N~Rfi _.. C :, ~~~'>~' , . ~ : > ~ ~ ~ ~~ . n 14 That this developmenY is limited to a maximum of four tenant spaoes. Planning 15 That on-going during project operation, no required pazking areas shall Public Works be fenced or otherwise enclosed for outdoor storage uses. 16 Four inch high street address numbers shall be displayed on the roof of Police the building in contrasting color to the roof material. The lines of the numbers aze to be a minimum of six inches thick. Numbers should be spaced 12 to 18 inches apart. Numbers should face the street to whiah the structure is addressed. The numbers shall not be visible to adjacent streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Comznunity Services ' Division, for review and approval. 17 Each different uiut within the building shall have its particulaz address Police displayed on its front and rear doors or directly above the front and rear doors. 1$ All extezior doors to have adequate security hazdwaze, e.g. deadbolt Police locks. 19 Monument signs and addresses shall be well lighted during hours of Police darkness. 20 Adequate lighting ofpazking lots and associated carports, shipping and Police receiving areas, driveways, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make cleazly 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. -4- PC2008-49 Responsible for n0. Coudifians of Approval Monitoring 21 Landscaping shall be of the type and situated in locations to maYimize Police observation while providing the desired degree of aesthetics. Security plaziting materials are encouraged along fence and property lines and under wlnerable windows. 22 That trees should not be planted close enough to the structure to allow Police easy access to the roof, or should be 1<ept trimmed to make climbing difficult. 23 That "No Trespassing 602(k) P:C." shall be posted at the entrances of Police parking lots/structures and located in other appropriate places. Signs must be at least ?' x 1' in overall size, with white background and black ~" lettering. 24 That all entrances to pazking azeas shall be posted with appropriate signs Police per 22658(a) C.V.C., to assist in removal of vehicles at the property ownerslmanagers request. 25 That the applicant shall maintain on file an Emergency Listing Card, Police Form APD-281, with the Police Department. 26 That the pazking lot serving the premises shall be equipped with lighting Planning of sufficient power to illuminate and make easily discemible the , appearance and conduct of a11 persons on or about the parking lot. Said lighting shall be directed, positioned ad shielded in such a manner so as not to unreasonable illuminate the windows of neazby businesses. 27 That no new convenience markets and/or retail sales of alcoholic Planning beverages shall be pernutted unless a separate conditional use permit is approved by the Planning Commission. 28 That no video, electronic or other amusement devices shall be permitted Planning on the premises. 29 That all trash generated from this commercial retail center shall be Planning 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 or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall e paid by the business owner. 30 That any tree or other landsca ing planted on-site shall be replaced in a Flanning -5- PC2008-49 Responsible for n0. Conditions of Approval Monftoring timely manner in the event that it is removed, damaged, diseased and/or dead. 31 That no roof-mounted balloons or other uiflatable devices shall be Planning permitted on the property. 32 That no outdoor vending machines shall be permitted on the property. Planning 33 That the properiy shall be permanently maintained in an orderly fashion Planning by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four hours from time of occurrence. 34 That compact parking spaces shall not be permitted. Planning 35 That there shall be no public telephones on the premises located outside Planning the building. 36 That any loading and unloading of products associated with the Planning commercial center shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. A plan shall ' be submitted to the Traffic and Transportation Manager for review and approval of any proposed loading areas. 37 Trash storage area(s) shall be provided and maintained in location(s) Public Works acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage azeas shall be designed, located and screened so as not to be readily identifiable to adjacent streets or highways. The walls of the storage azeas shall be protected from graffiti opportunities by the use of plant materials such as minimum one gallon sized clinging vines planted on maximum three foot centers, or tall shrubbery. Said information shall be specifically shown on plans submitted for building pernuts. 38 Any new roof-mounted equipment shall be completely screened from Plamiing view from all directions in compliance with Section 18.38.170 of the Anaheim Municipal code. Said information shall be specifically shown on plans submitted for building permits. 39 ' The parking lot shall be maintained in good condition free of trash and Planning debris. 40 That subject property shall be developed substantially in accordance Planning with plans and s ecifications submitted to the City of Anaheim by the -6- PC2008-49 Responsible for n0. Conditions of Approval Monitoring petitionex and which plans are on file w~ith the Planning Department mazked Exhibit Nos. 1 through 6, and as conditioned herein. 41 Timing for campliance with conditions of approval may be amended by Planning the Plauning Airector upon a showing of good cause provided (i) equiva]ent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Nlunicipal Code and (iii) the applicant has demonstrated significant progress toward establislunent of the use or approved development. 43 Extensions for further tune to complete conditions of approval may be Planning granted in accordance with Section 18.60.170 of the Anaheun Municipal Code. 43 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. 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, Ue 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. Failure to pay all charges shall result in the revocation of the approval of this application. -7- PC2008-49 THE FOREGOiNG RESOLUTION was adopted at the Planning Commission meeting of April 28, 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. CHAIRMA , NA EIM NNING COMMISSION ATTEST: ~~, i~ SENIOR SEGRETARY, ANAHEIM PLANNIIVG COMMISSION STA"I'E OF CALIFORNIA ) COUNTX OF ORt1NGE ) 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 Apri128, 2008, by the following vote of the members thareo£ AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, ICARAIQ, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WH~REOF, I have hereunto set my hand this ~~ day of ~, 2008. 0 ii:Ce~u-r*-~-~ ~'~'rYt'''• SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -g- PC3008-49 s ~ w.eaaaowar ~ ~ ~ ;q.~ 1 ~ II ~ f ~ I ~ ? Fp ~ " ~ '~m `~ 3 N ~ g W.BALL flO . ~ . ... N Y W.CERFIiOSNVE WLE qqITOSAYE