Resolution-PC 98-164RESOLUTION NO. PC98-164
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDfTIONAL USE PERMIT NO. 4067 BE GRANTED
WHEREAS, the Anaheim City ?lanning Commission did receive a verified Petition for
Conditional Use Permit for ce~tain real property situated in the City of Anaheim, County of Orange, State
oF California, described as:
PARCEL 1:
THAT PORTION OF LOT 4 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A
LICENSED SURVEYOR'S MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF
SURV~YS IN THE CFFICE OF THE COUNTY RECORdER OF ORANGE
COUNTY, CALIFORNIA, DESCRIBED AS FULLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER QF TRACT N0. 7470, AS
SHOWN ON A M1"AP RECORDED IN BOOK 326, PAGES 18, 19 AND 20 OF
fv11SCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNN, BEING A
POINT ON THE NORTH~/VESTERLY LINE OF THE SANTA ANA VALLEY
IRRIGATION COMPANY, AS DESCRIBED IN DEED RECORDED MARCH 7,
1940 IN BOOK 1033, PAGE 362 OF OFFICIAL RECORDS; THENCE ALONG
SAID NORTHWESTERLY LINE SOUTH 74° 10' 35" WEST 507.09 FEET,
NORTH 15° 49' 25" WEST 3.00 FEET, AND SOUTH 74° 10' 35" WEST 298.59
FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN
DEED TO W.F. GLEASON AND WIFE, RECORDED MAY 22, 1951 IN 500K
2191, PAGE 226 OF SAID OFFICIAL RECORDS, BEING TNE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID NORTHWES'fERLY LINE
SOUTH 74° 10' 35" WES7 7'5.09 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 818.20 FEET, AND
WESTERLY ALONG SAlD CURVE, THROUGH A CENTRAL ANGLE OF 09° 21'
14", AN ARC DISTANCE OF 133.58 FEET TO A POINT ON THE WESTERLY
LINE OF SAID LOT 4, A RADI~L LINE OF SAID CURVE PASSING THROUGH
SAID POINT BEARS SOUTH 06° 28" 11" EAST; THENCE ALONG SAID
WESTERLY LINE, NORTH 0° iG' 25" WEST 609.25 FEET TO THE
SOUTHWESTERLY CORNER ~F THE LAND DESCRIBED IN DEED TO THE
STATE OF CALIFORNIA P.ECJRDED FEBRUARY 27, 1969 IN BOOK 8885,
PAGE 577 OF OFFICIAL RECORDS; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID LAST MENTIONED LA~D, NORTH 70° 23'
17" EAST 132.19 FEET, NOR7H 60° 52' 01" EAST 189.71 FEET, AND NORTH
56° 00' 53" EAST 179.51 FEET TO THE NORTHEASTERLY LINE OF SAID LOT
4; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 81° 34' 25" EAST
125.13 FEET, SOUTH 50° 34' 25" EAST 132.00 FEET, AND SOUTH 65° 19' 25"
EAST 142.68 FEET TO THE NORTHWESTERLY CORNER OF SAID LAND OF
W.F. GLEASON; THENCE ALONG THE WESTERLY LINE OF SAID LAST
MENTIONED LAND, SOUTH 03° 22' 25" EAST 464.60 FEET 70 THE TRUE
POINT OF BEGINNING.
PARCEL 1A:
COMMENCING AT THE SOUTHWEST CORNER OF TRACT NO. 7470, PER
MAP RECORDED IN BOOK 326, PAGES 18 THROUGH 20 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BEING AT
CR3453PK.DOC -1- PC98-164
A~OINT ON THE NORTHWe'STERLY LINE OF SANTA ANA CANYON ROAD,
71.60 FEET NORTHWESTERLY AT RIGHT ANGLES FROM THE
CENTERLINE OF THE WESTBOUND LANE THEREOF AS SHOWN ON SAID
TRACT NO. 7470; THENCE ALONG SAID NORTHWESTERLY LINE OF
SANTA ANA CANYON ROAD, SOUTH 74° 10' 35" WEST 507.09 FEET, AND
NORTH 15° 49' 25" WEST 3.00 FEET, AND SOUTH 74° 10' 35" WEST 269.55
FEET TO THE TRUE POINT OF BEGINNING THENCE SOUTH 15° 49' 25"
EAST 42.60 FEET; 7HENCE SOUTH 74° 10' 35" WEST 660.11 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 1968.00 FEET; THENCE ALO~IG SAID CURVE,
THROUGH AN NNGEL OF 6° 39' 31", AN ARC LENG'fH OF 228.71 FEETTO A
POINT ON THE SOUTHERLY PROLONGATION OF THE WESTERLY LIP~E OF
SAID LOT 4; THENCE ALONG SAID PROLONGATION AND SAID WESTERLY
LINE, NORTH 00° 16' 15" WEST 41.74 FEET TO A POINT ON A CUR'/E
NORTHWESTERLY AND HAVING A RADIUS OF 818.20 FEET, A RADIAL
LINE THROUGH SAID POINT BEARS NORTH 6° 28' 11" WEST; THENCE.
EASTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 9° 21' 14", AN
ARC LENGTH OF 133 F6 FEET; THENCE ALONG TANGENT LINE, NORTH 74
10' 35" EAST 7~4.13 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL2:
THAT PORTION OF LOT 3 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A
MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE
OF THE COUNTY RECORDER OP SAID CQUNTY, DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT IN THE CENTERLINE OF PLACENTIA-YORBA
ROAD, AS SHOWN ON PLANS ENTITLED " PLAN AND PROFILE OF
PLACENTIA-YORBA ROAD" ON FILE IN THE OFFICE OF THE COUNTY
SURVEYOR OF SAID COUNTY, DISTANT THEREON NORTH Q° 2£.~' 36" EAST
384.41 FEET FROM ITS INTERSECTION WITH THE CENTERLIiv~ OF SANTA
ANA CANYON ROAD, 60.00 FEET WIDE, AS SHOINN ON A MAP ON FILE IN
SAID OFFICE OF THE COUNTY SURVEYOR; THENCE SOUTH 83° 46' 57"
EAST 230.68 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL OF
LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED
JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF OFFICIAL RECORDS IN
SAID OFFICE; THENCE NORTH 65° 02' O6" EAST 202.77 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 86° 25' 25" EAST 160.31 FEET;
THENCE NORTH 71 ° 12' 00" EAST 116.09 FEET TO THE SOUTHERLY
CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED
(STATE PARCEL C2577) RECORDEO FEBRUARY 27, 1969 IN BOOK 8885,
PAGE 577 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE
EASTERLY LINE OF SAID LOT 3, SOUTH 0° 32' 18" WEST 609.26 FEET TO A
POINT IN THE NORTHERLY LINE OF THE SANTA NA VALLEY IRRIGATION
COMPANY CANAL RIGHT-OF-WAY, THE CENTERLINE OF WHICH IS
SHOWN ON A MAP FILED IN BOOK 4, PAGES 44 TO 50 INCLUSIVE OF
RECORD OF SURVEYS IfJ SAID OFFICE, SAID f'QINT BEING ON A CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS Of' 818.20 FEET; THENCE
FROM A TANGENT BEARING SOUTH ti4° 20' 31" WEST, WESTERLY ALONG
SAID CURVE, THROUGH AN ANGLE OF 22° 40' 42", AN ARC DISTANCE OF
323.85 FEET TO THE SOUTHERLY TERMINUS OF THE EASTERLY LINE
SHOWN AS "SOUTH 1 DEGREE 50' 03" WEST, 257.80 FEET" IN PARCEL 2
OF THAT PORTION OF IMPERIAL HIGHWAY RELINQUISHED TO THE CITY
'2' PC98-164
OF ANAHEIM (REL-820) BY RESOLUTION OF THE CALIFORNIA HIGHWAY
COMMISSION, A CERTIFIED COPY OF WHICH RESOLUTION IS RECORDED
1N BOOK 10969, PAGE 47 OF SAID OFFICIAL RECORDS, AND AS SHOWN
ON MAP RECORDED MAY 23, 1973 IN BOOK 9, PAGE 9 OF STATE
HIGHWAY MAPS Ih SAID OFFICE; THENCE ALONG SAID EASTERLY LINE
OF IMPERIAL hiIGHWAY, NORTH 1° 50' 03" EAST 257.80; FEET: THENCE
NORTH 9° 56' 32" EAST 276.46 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL2A:
ALL THAT CERTAIN REAL PROPERTY BEING THAT PORTION OF THE
SANTA ANA VALLEY IRRIGATION COMPANY CANAL CONVEYED TO THE
SANTA ANA VALLEY IRRIGATION COMPANY BY DEED RECORDED JULY
18, 1934 IN BOOK 685, PAGE 255 OF OFFICIAL RECORDS, RECORDS O~
SAID COUNTY, LYING WITHIN THE LIMITS OF THE SOUTHERLY
PROLONGATION OF THE SIDE LINES OF LOT 3 OF "DOMIMGUEZ ESTATE",
AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF
SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPI'iNG THEREFROM THAT PORTION LYING WESTERLY OF THE
EASTERLY LINE, AND THE SOUTHERLY PROLONGATION SAID EASTERLY
LINE OF 7HE LANd DESCRIBED IN THE DEED TO THE STATE OF
CALIFORfJIA RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF
OFFICIAL RECORDS, RECORDS OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 12, 1998 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 Anaheim Municipal Code, Chapter
18.03, 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 is properiy one for which a conditional use permit is authorized by
Anaheim Municipa~ Code Sections 18.44.050.135, 18.44.050.240 and 18.84.061, to permit the 2,526 sq.ft.
addition to an existing tenant space to construct a 9,826 sq.ft. (total) hardware store including a 400 sq.ft.
outdoor plant sales area within an existing commercial retail center having a total of 59 units with waivers
of the following:
(a) ~ections 18.04.060.050
18.06.030.040
and 18.44.066.030
(b) Sections 18.06.050.0211
18.06.050.022
18.06.050.0221
18.06.050.0231
18.06.050.0232
18.06.050.0233
18.06.050.0234
18.0 .080
and 18.44.066.050
- Minimum oarkina lot landscaoinq.
(maximum 10 contiauous saaces permitted separated by a
landscaped planter; 11 contiauous soaces proposed)
Minimum number of oarkina ~oaces.
1 145 required; 856 proposed)
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2. That this proposal was inadvertenUy advertised as a 2,5?6 sq.ft. (instead of 2,526sq.ft.)
expansion to an existing commercial center (Canyon Plaza Shopping Center) and a 5,765 sq.ft. (instead
of 3,826 sq.ft.) hardware store.
3. That waiver (a),minirnum parking lot landscaping, is hereby approved because there
are special circumstances applicable to the property consisting of its shape and surroundings, which do
not apply to other identicaily zoned properties in the vi;:inity because this property in general, and the
parking iot in particular, is irregularly shaped.
4. That strict application of the Zoning Code deprives the property of priviieges enJoyed by
other properties under identical zoning classification in the viciniry because the portion of the parking lot
impacted by the proposal is located to the rear of the building and is not visible from any street and is
screened ~rom view from the adjacent property by a block wall; and that a 90 sq.ft. planter (larger than the
minimum 48 sq.ft.pianter required by Code) is provided in the general area although this planter is located
between 11 adjacent spaces instead of 10 spaces as specified by Code.
5. That waiver (b), minimum number of parking spaces, is hereby approved because
under the conditions imposed, it will not cause fewer off-street parking spaces to be provided for sueh use
than the number of such spaces necessary to accommodate all vehicles attributable to such use under
the normal and re~sonably foreseeable conditions of operation of such use because the available parking
supply on the site exceeds the needs of the proposal and a surplus of 35 parking spaces wili be available
under the worst case parking scenario.
6. That the parking waiver, under the conditions imposed, will not increase the demand
and competition for parkfng spaces upon the public streets in the immediate vicinity of the proposed use
because on-site parking is more than adequate to accommodate parking needs of the proposed addition
of the hardware store, and adjacent street curb-side parking is available although mostly vacant.
7. 7hat the parking waiver, under the conditions imposed, will not increase the demand
and competition for parking spaces upon adjacent private pr~perty in the imme~iiate viciniry 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) because adjacent properties and parking areas are
inconveniently located to be of practical use to visitors or employees of the proposed business; that there
is no reason to encroach into adjacent parking facilities because the on-site parking supply exceeds the
needs of the proposed business and is more readily accessible; and that the only adJacent parking fs
located at the motel north of this proposal and the walking distance behveen the proposal and the motel fs
long and inconvenient.
8. That the parking waiver, under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or lots provided for such use because the proposeci project
will not change existing traffic circulation or access to or from the adjacent streets; that no internal traffic
flow problems have been identified; and that the project parking area is in full compliance with City of
Anaheim Engineering Standards.
9. That the parking waiver, under the conditions imposed, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
10. That no one indicated their presence at said public hearing in opposition to the
proposal; and that no correspondence was received in opposition.
-4- PC88-164
CALIFORNIA ~NVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City~
Planning Comm~,sion has reviewed the proposal to permit the 2,526 sq.ft. addition to an existing tenant
space to construct a 9,826 sq.ft. foot (total) hardware store including a 400 sq.ft. outdoor plant sales area
within an existiny commercial retail center having a total of 59 units, with waivers of minimum parking lot
landscaping and minimum number ef par!cing spaces on a 15.0 acre property located at the northeast
corner of Santa Ana Cam~an Road and Imperial Highway, with frontages of 1,095 feet on the north side of
Santa Ana Canyon Road and 570 feet on the east side of Imperiai Highway (Canyon Plaza Shopping
Center at 57G5 East Santa Ana Canyon Road); and does hereby approve the Negative Declaration upon
finding that the declaration reflects the independent judgmert 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 camments received that there is no
substantiai evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditionai 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:
1. That there shall be no outdoor storage or display of products (except for live plants, neatly
stacked bags of soil amendments, fertilizers and top soil inside the wrought iron enclosed
display area at the front of the tenant space; and that garden tools, garden chemicals and
other garden-related items shall not be stored or displayed outdoors.
2. That Special Events shall be permitted only with the prior approval of a Special Events Permit in
compliance with Code Section 18.02.055; and that ~ roof-mounted in8atable devices what-so-ever
shall be permitted, even in conjunction with a Special Events Permit.
3. That trash storac~e areas sfiail be provided and maint~ined in a location acceptable to the Streets
and Sanitation Division ef the Public Works Department and in accordance with approved plans on
file with said Department. Said storage areas shall be desigr.ed, loca4ed and screened so as nat to
be readily identifiable from adjacert streets or highways. The walls of the storage areas shail be
protected fram gra~ti opportunities by the use of plants such as clinging vines or tall shrubbery.
Said information shall be specifically shown on the plans submitte~ for building permits.
4. That a pian sheet for solid waste starage and collection and a plan for recyciing shall be submitted to
the Streets and Sanitation Division for review and approval.
5. That an on-site trash truck turn-around area shail be provided in accordance with Engineering
Standard Detaii No. 610; and shall be maintained to the satisfaction of the Streets and Sanitatlon
Division. Said turn-around area shall be specificaily shown on plans submitted for building permits.
6. Th2t the owner of subject property shall be responsible for the removal of any on-site gra~ti within
twenty four (24) hours of its application.
7. Tliat any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
8. That the landscaped planters shall be permanently maintained with live and healthy plant materials.
9. That this proposal shall comply with all signing requirements of the CL(SC) Zone unless a variance
allowing sign waivers is approved by the Planning Commission and/or City Council.
-5- ~°G98-164
10. That lighting of signs for subject property shall be prohibited belween the hours of midnight and 6:30
a.m. as specified by Zoning Code Section 18.05.091.052, unless a variance is applied for and
granted.
11. That no required parking area shali be fenced or othen~vise enclosed for storage or other outdoor
uses.
12. That no roof-mounted equipment shail be installed on the roof of the new building expansion unless
a conditionai use permit is first appiied for and approved.
13. That window signage shall be prohibited.
14. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Siandard Plan Nos. 436 and 602
pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
15. That the developer shall submit plans specifying the color and design of the wrought iron enclasure
and gates for the outdoor plant display area for Zoning Division approval. Tne decision of the Zoning
Division may be appealed to the Planning Commission and/or City Council.
i 6. That prior to the operation of this business, a valid Business License shall be obtained from the
Business License Division of thu Finance Department.
17. That a plan for the new parking lot landscaped planters shall be submitted to the Zoning Division for
review and approval. One (1), minimum fifteen (15) gallon size tree is required in each new planter
in addition to minimum five {5) gallon sized shrubs and ground cover. Any decision made by the
Zoning Division regarding said plans may be appealed to the Planning Commission and/or City
Council.
18 That tre relocation of any existing electric uti;ities, if required, shall be at the expense of the
developer.
19. That the legal owner of the subject property shall provide the City of Anaheim with a public utilities
easement, as required by the Electrical Engineering Division when electrical design is completed.
20. That subject property shail be developed substantially in accordance with plans sjnd specifications
submitted to the City of Anaheim by the petitfoner and which plans are on file wit'~h the Planning
Gepartment marked Exhibit Nos. 1 through 4, and as conditioned herein.
21. That prior to commencement of the activity authorized by this resolution, ar prior lo issuance of a
building permit, or within a period of one (1) year from the date of thfs resoluHon, whichever occurs
first, Condition Nos. 3, 4, 5, 14, 15, 17 and 19, above-rnentioned, shall be complied with. Extensions
for further time to compiete said conditions may be granted in accordance with Section 18.03.090 of
lhe Anaheim Municipal Code.
22. That prior to final building and zoning inspections, Condition Nos. 18 and 20, above mention~d, shall
be complied wlth.
23. That approvai of this appiication conslitutes approvai of the proposed request on~y to the extent that
it complies with the Anaheim Municipal "Lo~ing 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 app~icable ardinance, regulation or requirement.
'6' PC98-164
BE IT FURTNER RESOLVED that the Anaheim City Planning Commission does he~eby
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 con~itfon, or any part thereof,
be ~eclared invalid or unenforceable by tho final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shail be deemed nuli and void.
THE FOREGOING RESOLUTION w s dopte~ anning Commission meeting of
October 12, 1998.
( ~~
CF;~IIRPE , ,ti9 HEIM CITY PLANNING COMMISSION
ATfEST:
~~'
Jtl;hft I AFZY, A~.IAHEiM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM }
I, Margarita Solorio, Secretary of the Anaheim City Plann(ng Commission, do hereby certify
that lhe foregoing resolutidn was passed and adopted at a meeting of the Anaheim City Planning
Commission held on October 12, 1998, by the following vot~ of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES~\'UILLIA,M~
NOES: COMMISSIONERS: NONE -~
ABSENT: COMMISSIONERS: ESPING,
IN WITNESS WHEREOF, I have hereunto:~pt my'hana~ t~j~ ~~y_ eay~ ot
~. 1998.
~Rds~
SECRE7 ANAHI~IMCI ~~1"~P~N-'~'~N~,;COCv1PA1;1s~PON
-7- PC98-1 Crt