Resolution-PC 2001-125~
RESOLUTION NO. PC2001-125
~
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04425 BE GRANTED
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:
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF ANAHEIM, DESCRIBED AS FOLLOWS:
THAT POTION OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA, AS SHOWN ON R MAP THEREOF RECORDED IN SOOK 51, PAGE 10,
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WET LINE OF SAID SECTfON
12 WITH THE CENTERLINE OF ANAHEIM OLIVE ROAD AS DESCRIBED IN
THE DEED TO THE COUNTY OR ORANGE, RECORDED IN BOOK 275, PAGE
85, DEEDS; THENCE SOUTH 78 DEG. 52' 26" EAST ALONG SAID
C€N~'ER-LIIU€ 2-02.50-~EET TO THE TRUE_POINT OF BEGI.NNING; TH.ENCE _
SOUTH 78 DEG. 52' 26" EAST 54.66 FEET MORE OR LESS TO A LINE
PARALLEL WITH AND DISTANT 252.50 FEET (MEASURED AT RIGHT
ANGLES) FROM THE WEST LINE OF SAID SECTION 12; THENCE ALONG
SAID PARALLEL LINE SOUTH 0 DEG. 11' 45" WEST 126.92 FEET; THENCE
IN A DIRECT LINE TO A POINT SOUTH 0 DEG. 24' 19" WEST 126.89 FEET
FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0 DEG. 24' 19"
EAST 126.89 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION WITHIN THE LIMITS OF ANAHEIM
OLIVE ROAD DEDICATED FOR STREET PURPOSES.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 27, 2001 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 properly one for which a conditional use permit is authorized
under authority of Code Section 18.44.050.135 to permit an expansion of an existing commercial center.
2. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
3. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and generaf welfare.
CR5179PK.doc -1- PC2001-125
• •
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
5. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That the size and shape of the property is adequate for the full development of the
proposed modification to the existing commercial center as evidenced by compliance with code
requirements.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to expand an existing commercial center and approval
af a final sign program on a irregularly-shaped 27.8-acre property located on the south side of Lincoln
Avenue befinreen State College Boulevard and Peregrine Street, with frontages of 1,568 feet on the south
side of Lincoln Avenue, 920 feet on the east side of State College Boulevard and 735 feet on the west
side of Peregrine Street, and further described as 200-248 South State College Boulevard and 2008-2310
East Lincoln Avenue (Anaheim Town Square); 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
- substar~tial-€vide~ce that the-projec~will have a significant effeci on the environment. __
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for 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:
That there shall be no public telephones on the premises located outside the buildings.
2. That no advertising shall be permitted on outdoor umbrellas; and that the umbrellas shall be
consistent in color and compatible with the colors used on the buildings. Said umbrellas shall be
kept in good repair at all times.
3. That any exterior vending machine shall not be visible to the public rights-of-way.
4. That any newspaper racks shall not be visible to the public rights-of-way.
That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
6. That decorative trash receptacles shall be provided near outdoor dining areas in a style and color to
match and/or complement their surroundings. Said information shall be specified on the plans
submitted for building permits.
7. That the plaza area shall be consistently maintained in a clean and repaired condition.
8. That the tables and chairs for the outdoor seating area shall be in a style and color to match and/or
complement their surroundings; and that movable tables and chairs shall be stored inside the
building prior to closing each day.
9. That there shall be no outdoor storage permitted on the premises.
10. That the maximum number of tenant spaces in the new Buildings "A" and "B" shalf be nine (9).
-2- PC2001-125
• •
11. That eight (8) trees shall be provided and maintained along State College Boulevard and Lincoln
Avenue for a total of sixteen (16) trees within the landscaped setback of the proposed expansion.
Said information shall be specified on the plans submitted for building permits.
12. That two (2), minimum fifteen (15) gallon sized, trees shall be provided and maintained in the
parking lot immediately adjacent to the new Buildings "A" and "B." Said information shall be
specified on the plans submitted for building permits.
13. That roof-mounted equipment shall be screened from view in accordance with the requirements of
Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone.
Said information shall be specified on the plans submitted for building permits.
14. That the developer shall submit an application for a Lot Line Adjustment to the Public Works
Department to merge the existing parcels into one (1) so that proposed building locations do not
conflict with existing property lines. The Lot Line Adjustment shall be approved by the City
Engineer.
15. That trash storage areas shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to
be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized
clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall
be sp€Ei~'ied-o~ ~he plans submitted #oG-building permits. _
16. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
17. That an on-site trash truck turn-around area shall be provided in compliance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specified on the plans submitted for building permits.
18. That each building shall have separate double trash enclosures. Said information shall be specified
on the plans submitted for building permits and shall be approved by the Streets and Sanitation
Division.
19. That all trash generated by this commercial retail center shall be 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 Code Enforcement 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 be paid by the business owner.
20. That the owner of subiect property shall submit a letter to the Zoning Division requesting
termination of Variance No. 3449 (waiver of minimum number of parking spaces to expand a
restaurant with on-sale alcoholic beverages) and Conditional Use Permit No. 2710 (to permit on-
sale beer and wine in a proposed restaurant with waiver of minimum number of parking spaces).
21. 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, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
-3- PC2001-125
• •
22. That any new driveways on Lincoln Avenue and/or State College Boulevard shall be constructed
with ten (10) foot radius curb returns as required by the City Engineer in conformance with
Engineering Standard No. 137. Said information shall be specified on the plans submitted for
building permits.
23. That proposed Condition No. 23 was deleted at the Planning Commission public hearing.
24. That proposed Condition No. 24 was deleted at the Planning Commission public hearing.
25. That the property owner shall be responsible for any required relocation of City electrical facilities at
the owner/developer's expense. Landscaping and/or hardscape screening will be required for all
pad-mounted equipment.
26. That the legal owner of the subject property shall provide the City of Anaheim Electrical Engineering
Division of the Public Utilities Department with a public utilities easement for pad-mounted
equipment and substructures associated with Underground District #42 along/across the parcels,
as determined when the design is completed. Said electrical utility easements are in addition to the
electrical utility easement for the pad-mounted transformer and high voltage primary feeder to the
development.
27. That three (3) foot high street address numbers shall be displayed on the roof of the buildings in a
contrasting color to the roof material. The numbers shall not be visible to adjacent streets or
properties. Said information shall be specified on the plans submitted for building permits.
28. T-ha~tk~~-pFaperty shall be-permanently maintainec~in_an orderly fashion through the pro_visioo_of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
29. That any tree or other landscaping planted on-site, including existing mature landscaping, shall be
replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead.
30. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be
specified on the plans submitted for building permits. Plans shall also identify the specific
screening treatments of each device (i.e., landscape screening, color of walls, materials, identifiers,
access points, etc.) and shall be subject to review and approval by the appropriate City
departments.
31. That signage for subject facility shall be limited to that shown on the exhibits submitted by the
petitioner and identified by the approved Final Sign Program. Any additional signage not in
compliance with said Program shall be subject to review and approval by the Planning Commission
as a"Reports and Recommendations" item.
32. That subject property shall be developed substantially in accordance 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, 2, 3, 4 and 5(color rendering), and as conditioned herein.
33. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 6, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 26,
27 and 30, 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.
34. That prior to final building and zoning inspections, Condition Nos. 25, 32 and 36, herein-mentioned,
shall be complied with.
-4- PC2001-125
•
~
35. That approval of this application 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 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.
36. That the existing street trees along State College Boulevard and Lincoln Avenue shall be protected
in place; and that temporary groundcover such as sod or other plant material, as approved by the
Public Works Department, shall be provided between the existing right-of-way and the ultimate
right-of-way until the street is widened to its ultimate right-or-way.
BE IT FURTHER RESOLVED that the Anaheim City 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.
THE FOREGOlNG RESOLUTION was adopted at the Planning Commission meeting of
August 27, 2001. ~
RPERSON, ANAHEIM CITY~PLANNING COMMISSION
ATTEST:
-- __ ~
f7 ~ -
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 27, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2001.
~ ~~-~.P,~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-5- PC2001-125