Resolution-PC 97-129yr
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RESOLUTION NO. PC97-129
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3959 BE GRP~NTED
WHEREAS, the Maheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anah~im, County of Orange, State
of Cal'~fomia, described as:
PARCEL 1:
LOTS 1 TO 11 INCLUSIVE AND THAT PORTION OF LOT 12 OF TRACT NO. 2090,
AS PER MAF RECORDED IN BOOK 61 PAGES 38 AND 39 OF MISCELLANEOUS
MAPS, IN THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE
SOUTHERLY EXTENSION OF THE EASTERLY LINE OF IRIS STREET, AS SHOWN
ON SAID MAP.
PARCEL 2:
THAT PORTION OF HILL AVENUE, AS SHOWN ON THE MAP flF TRACT NO. 2090,
RECORDED IN BOOK 61 PAGES 38 AND 39 OF MISCELLANEOUS MAPS, IN 'THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED ON THE WEST
BY THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF IRIS STREET,
AS SHOWN ON SAID MAP AND BOUNDEO ON THE EAST BY THE LINE PARALLEL
WITH AND WESTERLY 50 FEET FROM TFlE CENTER LINE OF LOS ANGLES
STREET, AS SHOWN ON SAID MAP, AS VACATED ANU ABANDONED BY
ORDINANCE NO. 950 BY RESOLUTION NO. 2607 OF THE CITY COUNCIL OF
ANAHEIM, CALIFORNIA, DECEMBER 28, 1954, RECORDED DECEMBEFt 31, 1954 IN
BOOK 2912 PAGE 165, OFFICIAL RECORDS.
WHEREAS, the t-.y Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 18, 1997, at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anafieim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use perm9t and to
investigate and make findings and recommendations in wnnection therewith; and that said public hearing
was continued to September 15, 1997
WHEREAS, said Commission, aRer due inspection, investigation and study made by itseif
and in its behalf, and after due consideration of ail evidence and reports aff'ered zt said hearing, does
find and determine the following facts:
1. That the proposed use is properly one for which a condit~anai use permit is authorized
by Anaheim Municipal Code Section 18.44.050.135 ta constru~t a 1,60Q sq.ft. addition for one new retail
space in an existing commercial retail center with waivers of the following:
(a) Sections 18.OS.050.022 -
18.06.U5U•0233
18.06.080
and 18.44.066.050
(b) Section 18.44.063.020 -
Minimum number of parkinq saaces.
(290 required; 267 proposed)
Minimum structural and landscaue setback.
10 feet required adjacent to Iris Street; 5 feet proposed)
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(c) Sections 18.04.043.101 - Permitted encroachments into required vards.
18.44.063.020 (Minimum 10-foot wide lan~scaped setback with
and 18.44.064.080 6-foot i~igh block wail required adjacent to lris Street;
5-foot wide landscaped setback with 8-foot higF bleck v~ail to the
rear of the setback proposeci)
2. That the proposed parking waiver (a) is minimal and does not exceed 10% of Code
requirements and the City Traffic and Trsnsportation Man2ger has determined that sufficiant on-site
parking will prevent the parking wah~er from causing any d0trim~n:al impact to the peace health, safety
or genera! Nelfare of the citizens of An~heim;
3. That approval of waiver (a) is based upon the recammendation of the City 7raffic and
Transportation Manager's finding that su~cient on-site parking will preveni approval of this waiver from
causing any detrimental impact to the peace health, safety or general welfare of the citizens of Anaheim;
and that Section 18.06.080 au:horizes the City Traffic and Transportatian Manager to review parking
deviations ihat do not exceed 10°/a of Code Requirements;
4. That waiver (a), 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 to accommodste ail
vehicles attributable to such use under the normal and reasonably foreseeable conditions cf opcretio~
of such use;
5. That waiver (a), ur~der the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use;
6. That waiver (a), 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 (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of this Code);
7. That waiver (a), under the condition~ imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for such use;
g. That waiver (a), under the conditions imposed, will not impede vehic~~lar ingress to or
egress from adjacent pruperties upon the public streets in the immediate vicinity of the proposed us4;
9. That waivers (b) and (c) are hereby granted on the basis that there are special
circumstances applicable to the property such as size, shape, topography, location or sunoundings, which
do not apply to other identicaily zcned properties in the vicinity;
10. That the property is developed with an existing market and has a limited unioading area;
and that the proposed landscaped setback, in combination with a block wall, will effectively screen this
operation from the residencc~s acress Iris Street;
11. That strict appiication of the Zoning Code deprives the property of priviieges enjoyed by
other properties under identical zoning classification in the area due to the layout of the existing
buildings, and wmpliance with Code requirements would adversely impact the loading and unloading
operations of the market;
12. That the proposed use is properly one for which a conditional use permit is authorized
by th~e Zoning Code;
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13. That the proposed use wiil 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 proposed improvements
will substantially improve the condition of this commercial center through the addition of landscaping and
more permanent site screening which benefits the general weifare of the surrounding area;
14. That the size and sh2pe of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not deMcnental to the particular area nor to the peace,
health, safety and general welfare;
15. That the traffic generated by the proposad u:;e will not impose an undue burden upon
che strsets and highways designed and improved to carry the tra~c in the area because the underlying
property will adequately support this addition;
16. That the granting of the conditional use permit under ihe conditions imposed, if any, will
not be detrimental to the peace, health, safety and general weifare of the citizens of the City of Anaheim;
and
1i. That no one indicated their presence at said pubiic hearing in opposition; and that no
coRespondence was received in anposition to the subject petition.
CAL.IFORNIA ENVIRONMENTAL QUALiTY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a 1,600 sq.ft. addition for one new retail
space in an existing cc+mmercial retail center with waivers of minimum number of parking spaces,
minimum structural and landscape setback and percnitted encroachments into required yards on a
irregularly-shapgd 4.0 acre parcel ~ocatsd at the southwest comer of Ball Road and Anaheim Boulevard,
having frontages of approximately 171 feet on Ball Road and 620 feet on Anaheim Boulevard (1221
South Anaheim Boulevard - Fiesta Mexicana Market); and does hereby approve the Negative Declaration
upon finding that the declaration reflects the independent judgement of the lead agency and that it has
considered the Nogative 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 pr~ject will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOWED that the Anaheim City Ptanning Commission
does hereby grant subject Petition for Conditienal Use Permit, upon the following conditions whlch are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safery and general welfare of the Citizens of the City of ltnaheim:
1. That the property shall be permanently maintained in an orderly fashion, including by ~~-`''~' ,~ 'i
regular landscape maintenance, trash an~ debris removal, and removal of ~raffiti within twer.'^~ four ~'
(24) hours from the time of occuRence. - ''~
2. That the petitioner shall be rdsponsible for compliance with all mitigation measures within the
assigned time frames and any direct costs associated with the attacF~ed Mit?yation 'Nonitoring
Program No. 100, as estabiished by the Ciry of Maheim and required by Section 21081.6 of the
Public Resources Code to ensure implementation of those identified mitigation measures.
3. That the existing cargo container located adjacent to the loading and unloading area shall be
removed.
4. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with Engineering Standard No. 137 pertaining to sight distance
visibiliry for fence and wall locatians.
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5. That no outdoor storage shali be pertnitted other than for overflow of operable shopping carts, which
may be secured and stored in the loading dock area provided the carts are not visible from Iris
Street.
6. That the business owner shali designate an employee to monitor the parking lot every thirty (30)
minutes during operating business hours for shopping cart retrieval. The operator shall also post
signs on the property and fabel individual shopping carts prohibiting the remova'. of carts from the
property.
7. That the open area between the existing marke4 and the re:ail stores shall not be used for outdoor
seating unless evidence of compliance with Soction 18.02.052.060 pertaining to outdoor seating for
a restaurant is submitted to the Zoning Division for review and approval.
8. That the water vending machines shall be maintained in a location adjacent to the building and that
the newspaper vending machines shall be either relocated to the north end of the property or
removed.
9. That minimum one (1) gallon sized clinging vines shall be planted, irrigafed and maintained on
heXS'des of ths p3oposed trash enclocsures~tohprevE t graffiti aPportuni'ai sng 'ris Street and along
10. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Departrtsent, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Such infonnation shall be specifically shown on the plans submitted for
building permits.
11. Th~he Public WorksrDepartment Streets and San tation Dv sion fo~ rev ewl'and app ovalubmitted
to
12. That an on-site trash truck tum-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Fubiic Works Department, Streets
and Sanitation Division. Said tum•around area shall be specifically shown on plans submitted for
building permits.
13. That the developer shall obtain a right-of-way construction permit from ~oach onllris S~eet
Department, Development Services Division, to remove the existing driveway app
and rep~ace it with ~tandard curb, gutter, sidewalk and tree well. The construction 'shall Ge
completed prior to f:nal building and zoning inspection.
14. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval sliowing conformance with the current versions of Engineering StandardS lall hereupon be
602 pertaining to parking standards and drive~aay locations. Subject property
developed and maintained in conformance with said plans.
15. That the existing chain link fence with attached barbed wire shall be removed following completion
of the masonry block wail adjacent to Iris Street.
16. That final landscape plans shall be submitted to the Zoning Division for review and approval by the
Planning Commission as a"Reports ar.d Recnmmendations" item.
17. That tractors andlor trailers shall not be parked in the parking lot.
18. That delivery trucks shall access the property only via Maheim Boulevard.
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19. That the existino wheel siops shafi be properiy maintained at al! times.
20. That any existing unpermitted wal! signs shall either be removed or the property owner shall obtain
the necessary permits from the Building Division.
21. That any additional signage for this property shall be subject to the prior approval by the Planning
Commission as a"Reports and Recommendations" item.
22. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of ;,naheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
23. That prior to issuance of a building peimit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 4, 10, 11, 12, 14 and 16, above-mentioned, shall
be complied with. Extensions for furlher time to complete said conditions may be granted in
accordance with Section 18.03.080 of the Anaheim Municipal Code.
24. That Condition No. 3, 8 and 20, above-mentioned, shall be completed within a period of thirty (30)
days from the date of this resolution.
25. That prior to final building and zoning inspections, Condition Nos. 9, 13, 15 and 22,
above-mentioned, shall be complied with.
26. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Maheim Municipal Zoning Code and any other appiicable 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.
27. That the petitioner shall be responsible for compliance N~ith all mitigation measures within the
assigned time frames and any direct costs associated with the attached Mitigation Monitoring
Program No. 100, as established by the City of Anaheim and required by Section 21081.6 of the
Public Resources Code to ensure imptementation of those ident~ed mitigation measures.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commissfon does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with Aach and all of the conditions hereinabove set forth. Should any such c0fldl~lon. or atly p~Ft thereof,
be declared invalid or unenforceable by the finat judgment of .~ny'~rt Sd ~mpe~Eari! j,'~tri~d'~tio~~ then
this Resolution, and any approvals herein co~ltainned, shalt pa deerm~y' nun' ~tl `~jd.
THE FOREGOING R~so1~UTaot~1 ~vas ~~i@$. a- u~ PI~(y~in~ ~~1'~mf~~~ ~~img of
September 15, 1997. ~
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-~ CHAIRPEl2SON R~E~;~' ~1 CI'(Y I~WNING E0t6iMISSION
ATTEST: -
SECRETAR , ANAHEIM CITY PLANNING GO(IAIYN1.ss~oN
_~ PC97-129
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STATE OF CALIFORNIA )
COUNTf OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim Ciry Planning Commission, do hereby
Commissionhheld on Septembe r15, 1997 Sby~the ollow ng vote of the' member ~theheof: C~ry Planning
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NON~ ~~J~
IN WITNESS WHERES~F, I have hereunto set my hand this ~ day of
1997. l.,d,,, •,
Y1{61~[,~6
SECRETARY, AHEIM CITY PLANNING COMMISSION
~- PC97-129