Resolution-PC 99-129RESOLUTION NO. PC99-129
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETIT(ON FOR CONDITIONAL USE PERMIT NO. 4135 BE GRANTED, IN PARl'
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCELS 1, 2, 3 AND 4 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF Cn!_IFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK
120, PAGES 22 r1lVD 23 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 7, 1999 at 1:30 p.m., nntice of said public hearing having been duly given as
required by law and in accordance with the provisions nf 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 properly one for which a conditional use permit is
authorized by Anaheim Municipai Code Sections 18.01.040, 18.44.050.135, 18.44.050.135,
18.44.050.300, 18.44.050.330 and 18.84.062.032 to (a) construct a new 1-story retail building with roof-
mounted equipment, (b) to expand an existing restaurant, (c) to add an outdoor dining area in conjunction
with the conversion of two units into a restaurant, (d) to subdivide three units into three retail units and
nine office units for a total of 55 ~nits in the commerciai center, and (e) to construct four monument siyns
with waivers of the following:
(a) Sections 18.05.091.010
18.44.067
and 18.84.062.040
(b) Sections 18.06.050.0211
18.06.050.0212
18.06.050.022
18.06.050.0231
18.06.050.0232
and 18.44.066.050
Permitted commercial identification sictns.
(One sinale-faced sian on a 36-inch hiqh decorative-
e wall permitted per street frontaqe in the Scenic
Corridor Zone Overlay;
four. 5-foot hiah, doubie-faced and singie-faced
monument sians proposed on three street frontaaes)
Minimum number of ~arkinq spaces.
(312 required; 292 proposed and concurred with by
the City Traffic and Transportation Manager)
2. That waiver (a), perrnitted commercial identification signs, is hereby approved, in
part, to permit three (3), three (3) foot high signs consisting of one (1) single-sided sign at the corner of
Santa Ana Canyon Road and Avenida Margarita oriented diagonally at the corner, one (1) double-sided
sign at the driveway on Santa Ana Canyon Road, and one (1) double-sided sign at the driv~way on
Imperial Highway].
That waiver (b), minimum number of parking spaces, is hereby approved.
4. That the parking waiver, 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
CR3688PK.doc -1- PC99-129
accommodate all vehicles attributable to such use under the normal and reasonably ioreseeabie
conditions of operation of such use.
5. That the parking waiver, under the conditions imposed, if will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of the
proposal.
6. That the parking waiver, under the conditions imposed, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate viciniry of the
proposal (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 the parking waiver, under the conditions imposed, will not increase traffic
congestian within the off-street parking areas or Iots provided for such use.
8. That the parking waiver, under the conditions imposed, will not impe~e vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
9. That request to expand the existing freestanding restaurant with roof-mounted
equipment, to convert iwo units inlo a restaurant, and to suodivide existing units is hereby approved
because the proposed modifications to the existing structures are minor and will not adversely affect the
adjoining land uses; and that granting of lhese proposals will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
10. That the request for a freestanding retail pad building with roof-mounted
equipment.is hereby denied because the size and shape of the site is not adequate to allow ful~
development of the proposed retail building as evidenced by the circulation patterns and potential for
congestion around the building; and that approval of the proposed freestanding buildiny would intensify
this commercial center which is near or at its maximum development capacity; and, further, that the
proposed new building may adversely affect the adjoining land uses and the growth and development of
the area by creating an opportunity for circulation conFlicts which may not occur without the addition.
11. That no one indicated their presence at the public hearing in opposition to the
prooosal; and that a Ietter was received from the Anaheim Hilis Citizen's Coalition in opposition to the
proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anahieim City
Planning Commission has reviewed the proposal to (a) construct a 1-story retail pad building with roof-
mounted equipment, (b) expand an existing restaurant, (c) add an outdoor dining area in conjunction with
the conversion ::F two units into a restaurant, (d) subdivide three units into three retail units and nine o~ce
units for a total of 55 units in the commercial center, and (e) construct four monument signs with waivers
of permitted commercial center identification signs and minimum number of parking spaces on a
irregu~ariy-shaped 5.0-acre property located at the no~thwest corner of Santa Ana Canyon Road and
Imperial Highway, with frontages of 700 feet on the north side of Santa Ana Canyon Road and 500 feet on
the west side of Imperial Highway, and further described as 5555 - 5665 East Santa Ana Canyon Road
(Imperial Canyon Shopping Center); and does hereby approve the Negative Declaration upon finding that
the declaration reflects the independent judgment 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 comments received that there is no substantial evidence
tliat the project will have a sic~nificant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby qrant subject Petition for Conditional Use Permit, in part, 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 lhe Citizens of the City of Anaheim:
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1. That final elevation plans for Building "Y" showing enhanced architecturai elements shali be
submitted to the Planning Department for Planning Commission review and approval as a"Reports
and Recommendations" item.
2. That landscaping plans shall submitted showing landscaped planters adjacent to the west and
north elevations of Building "Y" including required trees along Imperial Highway and Santa Ana
Canyon Road, as required by Condition IJo. 15 of Resolut~nn No. PC98-173 adopted in connection
with Conditional Use Permit No. 4070. Final landscaping ;~ans shall be submitted ta the Zoning
Division review and approval by the Planning Commission as a"Reports and Recommendations"
iten.
3. That the legal propefty owner shall irrevocably offer to dedicate to the City of Anaheim (Water
Engineesing Division) an easement twenty (20) feet i~ width for water service mains and/or an
easement for large meters, fire hydrants, or firelines. A legal description shali be processed and
recorded and signature approval of all improvement plans by the Water Engineering Manager is
required.
4. That gates shall not be installed across any drive+.vay in a manner which may adversely affect
vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and
Transportation Manager prior to issuance of a building permit.
5. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations (parked vehicles overhanging
landscaped planters is not permitted). Subject property shall thereupon be developed and
maintained in conformance with said plans.
6. That plans shall be submitted to the City Tra~c and Transportatior, Manager for review and
approval showing conformance with the Engineering Standard No. 137 pertaining to sight distance
visibility for the sign locations.
7. That locations for proposed above-ground utility devices including, but not limited to, electrical
transformers, water back flow devices, gas, communications and cable equipment, tra~c signal
controller cabinets and related equipment, etc., shall be shown on the landscaping plans submitted
for building permits. Said plans shall also identify the specific treatment of each device (i.e.,
landscape screening, color, enclosure walls, materials, fdentifiers, access points, etc.). Said
equipment and the treatment thereof shall be subject to the review and approval of the appropriate
City Departments. Such equipment shall be located outside required setbacks and screened from
view.
8. That "pipe bollards" shall not be permitted in the parking lot. Plans submitted for building permits
shall contain a note specifying there shall be no bollards in the parking lot.
9. That this property shall be served with underground utilities in accordance with the City's electrical
rules and i egulations (the most current fees shall apply) and the City of Anaheim Underground
Policy.
10. That the legal owner of the subject property shall provide the City of,~l~aheim (Electrical
Engineering Division of the Public Utilities Department) with a public utilities easement to be
~ietermined as electrical design is completed. ~
11. Ttiat any necessary relocation of existing power facilities or streetlights shall be at the expense of
the developer.
12. That no window signs shall be permitted.
13. That no vending machines located outside any building shall be permitted.
14. That no roof-mounted balloons or similar devices shall be permit;ed.
CR33608PK.DOC -3- PC99-129
15. That ths existing trash enclosure gates shall be refurbished to the satisfaction of the Streets and
Sanitation Division of the Public Works Department and the Pianning Department, inciuding the
instailation of new wood slats in the chain link gates.
16. That trash storage areas shall b?. ~rovided and maintained in location(s) acceptable to the Streets
and Sanitation Div:~ion and in accordance with approved plans on file with the Public Works
Department. SaiG storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The enclosure walls of the storage areas shall be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
sizes clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information
shall be specifically shown on the plans submitted for building permits.
17. That a plan sheet for solid waste st~-.~3e and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division ior review and approval.
18. That an on-site trash truck turn-around area shall be provided in accordance w:ih Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shail be specificaily shown on plans submitted for building permits.
19. That the subject property s'~all be limited to a maximum of fifty five (55) units.
20. That revised monument sign plans for Signs A, C and D, as approved by the Planning Commission,
showing decorative enhancements and an opaque background for the sign faces shall be submitted
to the Planning Department for Planning Commission review and approval as a"Reports and
Recommendations" item. Si~n D shall not be constructed until the new driveway on lmperial
Highway is completed. Said information shall be shown on plans submitted to the Planning
Department. Any additional signage shall be subject to the prior review and approval by the
Planning Commission as a"Reports and Recommendations" item.
21. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 1914 (to permit on-premises sale and consumption of
beer and wine in a proposed restaurant at 5565 East Santa Ana Canyon Road).
22. That only tensnt units having frontage on the building shall be permitted to have wall signs, in
compliance with Code Section 18.05.091.020 of the Anaheim Municipal Code.
23. That there shall be no sales of alcohol of any kind within the restaurant approved in Units 5569 and
5573 unless a conditional use permit is granted for such use.
24. That precise roof-mounted equipment plans for the restaurant expansion and Building "Y" shall be
submitted to the Planning Department for Planning Commission review and approval as a"Reports
and Recommendations" item. Said equipment and any screening shall thereafter be maintained in
conformance with the approved plans.
25. i hat the subject property shall be developed substantially in accardance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1 through 8; and as conditioned herein.
26. That prior to the issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 7, 8, 10, 16, 17, 18, 20, 21 and 24,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
27. That prior :o final buiiding and zoning inspections, Condition Nos. 9, 11, 15 and 25, above-
mentioned, shall be complied with.
28. That approval of this appiication constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulatior~s. Approval does not include any action or findings as to compliance or approval
of the request regard:ny any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOWED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanPs complianc9
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
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be declared invalid or unenforceable by the final judgment of any court of competent jurisdictfon, then this
Resolution, and any approvals herein contained, shall be eemed nd vo(d.
July 7, ~ggg, THE FOREGOING RESOLUTION w~s dop a~t e an in ommission meeting of
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CHAIRPER5~1N`~41dfl~YiEIKA CITY PLANNING COMMISSION
ATTEST: 1~~~
,
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SECRETARY, AN EIM CITY PLANNING COMMISSION
STATE UF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CIN OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolutfon was passed and adopted at a meeting of the Anaheim City Planning
Commission held on July 7, 1999,.by the foliowing vote of the members thoreof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ESPING
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~, 1999.
CR33688PK.DOC -5- ~C99-129
~y~~vc~0`~
SECRETARY, AHEIM CITY PLANNING COMMISSION