Resolution-PC 2001-142• ~
RESOLUTION NO. PC2001-142
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. 2000R-166,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 4171
WHEREAS, on August 8, 2000, Resolution No. 2000R-166 was adopted by the Anaheim
City Council to grant Conditional Use Permit No. 4171 and permit construction of a 281,133 sq.ft.
commercial retail center of regional significance, including a home improvement store, health club, three
drive-through fast food restaurants, two full-service restaurants, a multi-tenant pad building, and a
freeway-oriented freestanding sign, and with waiver of minimum number of parking spaces on 26.3 acres
of property located at 1500 North Lemon Street; and
WHEREAS, on March 12, 2001, the Planning Commission approved a Phase One
landscape plan for permanent landscaping on a portion of the site; and that on August 7, 2001, the
Commission approved a Phase One sign program for construction of five freestanding signs, wall signage
for the home improvement store, and conceptual wall signage for the remaining major tenants and pad
buildings; and
WHEREAS, the first development phase of this regional shopping center, a home
improvement store, is completed; that the property is zoned CL (Commercial Limited) and is located
within the Commercial/Industrial (North Central Area) Redevelopment Project Area; and that the Land
Use Element the Anaheim General Plan designates this property for General Commercial land uses; and
WHEREAS, the petitioner has requested modification of approved exhibits for the
previously-approved commercial retail center; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 24, 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 amendment 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 petitioner requests an amendment to this conditional use permit under authority of
the Anaheim Municipal Code to modify the exhibits for this previously-approved regional commercial retail
center; and that the modifications include one 3,699 sq.ft. drive-through fast food restaurant (Pad A), a
36,000 sq.ft. health club (Major E), and a 244,321 sq.ft. retail building at the east end of the property
anchored by the new home improvement warehouse retail store (Major A) with three additional tenant
spaces (Majors B, C and D).
2. That the proposed modifications will improve the mix of land uses on the property and will
reduce the number of drive-through lanes visible to Lemon Street while adhering to the originally
approved vision for this center.
3. That as conditioned herein, the size and shape of the subject site will be adequate to allow
the full development of the proposed uses and structures, as modified, in a manner not detrimental to the
particular area nor to the peace, health, safety and general welfare of the citizens of Anaheim.
(Tracking No. CUP2001-04444)
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4. That, as conditioned herein, the traffic generated by the proposed uses, as modified, will
not impose an undue burden upon the streets and highways designed and improved to carry the traffic in
the area.
5. That three people spoke at the public hearing with concerns regarding truck traffic
circulation; that no one indicated their presence in opposition; and that no correspondence was received
in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to modify exhibits for commercial retail center of
regional significance on an irregularly-shaped 26.3-acre property located at the southeast corner of Durst
Street and Lemon Street, with frontages of 1,280 feet on the south side of Durst Street and 850 feet on
the east side of Lemon Street, and further described as 1500 North Lemon Street (Anaheim Gateway);
and does hereby determine that the previously-certified Environmental Impact Report No. 323 is
adequate to serve as the required environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. 2000R-166, adopted in connection with Conditional Use Permit No. 2715,
to approve the modified exhibits for the previously-approved commercial retail center of regional
significance;
BE IT FURTHER RESOLVED, that the Planning Commission does hereby amend the
conditions of approval adopted in connection with Resolution No. 2000R-166, in their entirety, to read as
follows:
That a Phase Two (final) Sign Program shall be submitted specifying wall sign locations, materials,
colors, wording and logos for Pad Building Nos. B and C, and for Major Tenants B, C and D, including
the specific wording and location of all directional and guide signs. The Phase Two Sign Program
shall be submitted to the Zoning Division for Planning Commission review and approval as a"Reports
and Recommendations" item.
2. That the advertising for any single tenant shall not appear on more than one (1) freestanding sign
with the exception of the freeway oriented sign.
3. That the banners on the eight (8) decorative monument structures shall not be used for advertising.
4. That the advertising of any single tenant shall not appear on both the freeway-oriented sign and
south elevation of the Major D tenant building.
That Phase Two (final) landscape plans specifying the provision for fully-improved permanent
planting on the CalTrans parcel at the southwest corner of the property, around the building pad and
parking lot south of the Lowe's building, on the restaurant pads adjacent to Lemon Street, and on the
pad at the southeast corner of Durst Street and Lemon Street, shall be submitted to the Zoning
Division for Planning Commission review and approval as a"Reports and Recommendations" item.
6. That the developer shall be responsible for compliance with all mitigation measures within assigned
time frames and any direct costs associated with the attached Mitigation Monitoring Plan No. 113, as
adopted by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code.
7. That a conditional use permit shall be obtained for any proposed outdoor seating or alcohol sales in
conjunction with the restaurant uses.
8. That irrigated landscaping coverage, including turf, hydroseeding, or groundcover, shall be provided
on the undeveloped portion of this property at the southeast corner of Durst Street and Lemon
Street, until such time as development commences on that undeveloped portion.
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9. That this development shall be limited to a maximum of eight (8) tenant spaces. The subdivision of
any retail space and/or the development of the vacant parcel at the southeast corner of Durst Street
and Lemon Street shall only be permitted by the application for, and approval of, a conditional use
permit by the Planning Commission.
10. That a landscaped earthen berm and/or a row of hedges shall be incorporated into the entire length
of the setback adjacent to Lemon Street with the exception of ingress/egress areas. Further, dense
landscaping shall be provided adjacent to Lemon Street to adequately screen the drive-through
lanes. Where possible, existing mature landscaping shall be preserved. Said information shall be
specifically shown on the plans submitted for building permits.
11. That final site, floor, and elevation plans for the two (2) freestanding full-service restaurants shall be
submitted to the Zoning Division for Planning Commission review and approval as a"Reports and
Recommendations" item.
12. That all roof-mounted equipment shall be visually screened from the public rights-of-way and
surrounding properties in compliance with Section 18.44.030.120 of the Anaheim Municipal Code.
Said information shall be specifically shown on the plans submitted for building permits.
13. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
14. That if public telephone service is installed, the telephones shall only be installed inside the
restaurants or retail buildings.
15. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
16. That the existing mature trees in the planter along Lemon Street frontage shall be retained where
possible. Said information shall be specifically shown on the plans submitted for building permits.
17. That no exterior vending machines shall be permitted within the view of the public rights-of-way.
18. That the landscaping planters shall be permanently maintained with live and healthy plants.
19. That the locations for future above-ground utiiity devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for building permits. Said pians shall also identify the specific screening
treatment 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.
20. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and approval.
21. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifically shown on the plans submitted for building permits.
22. 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 visibility for the
sign or wall/fence locations.
23. That all drive-through lanes shall be reviewed and approved by the City Traffic and Transportation
Manager.
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24. That the owner shall comply with City of Anaheim Ordinance No. 5209 and Resolution No. 91 R-89
relating to the Transportation Demand Management (TDM) strategies by joining and participating in
the Anaheim Transportation Network and developing a TDM program consistent with the
demographics of the labor force.
25. That a plan shall be submitted to the City Traffic and Transportation Manager for review and
approval showing the loading space for trucks in conformance with Code Section 18.06.060.
26. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the 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.
27. That gates shall not be installed across any driveway 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 review and approval by the City Traffic and
Transportation Manager.
28 That three (3) foot high street address numbers shall be displayed on the flat area of the building
roofs in a contrasting color to the roof material; provided that the numbers shall not be visible to the
adjacent streets or properties. Said information shall be specifically shown on the plans submitted
for building permits.
29. That ~rior to the commencing operation of these businesses, valid business licenses shall be
obtained from the Business License Division of the City of Anaheim Finance Department.
30. That trash storage areas shall be provided and maintained in locations acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
sized 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.
31. That the parking lot serving the premises shall be equipped with decorative lighting of sufficient
power (recommended minimum of finro [2] foot-candles) to illurninate and make easily discernibte the
appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed,
positioned and shielded in such a manner so as.not to unreasonably illuminate adjacent properties,
and that said lighting information shall be specified on the plans submitted for building permits.
32. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be
fully screened by architectural devices and/or appropriate building materials; and that such
information shall be specifically shown on the plans submitted for building permits.
33. That window signage shall not be permitted.
34. That the 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 Revision No. 1 of Exhibit Nos. 1 through 9, Final Plan Nos. 1 through 5
(Phase One Landscape Plans), Final Plan Nos. 6 through 18 (Phase One Freestanding and Lowe's
Building Signage Program), Final Plan Nos. 19 through 25 (Fast Food Drive-Through Restaurant
Pad Building Sign Program), and Final Plan Nos. 26 through 33 (Health Club Pad Building Sign
Program), and as conditioned herein.
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35. 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, 5, 8, 10, 11, 12, 16, 19, 20, 21, 22, 23, 24, 25,
26, 28, 30, 31 and 32, above-mentioned, shall be complied with.
36. That prior to final building and zoning inspections, Condition Nos. 2, 4 and 34, above-mentioned,
shall be complied with.
37. That approvaf 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.
38. That within a period of one (1) month from the date of this resolution, irrigated landscaping coverage,
including turF, hydroseeding, or groundcover, shall be provided on the undeveloped portions of this
property at the south end of the home improvement store and on the vacant parcels adjacent to the
Lemon Street frontage.
39. That within a period of one (1) month from the date of this resolution, a paved driveway shall be
provided at the south end of the home improvement store to allow for truck and vehicular access.
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 count of competent jurisdiction, then this
Resolution, an_d _any _approvals herein contained, shall be deemed null and yoid.
THE FOREGOING RESOLUTION was adopted at the Pl~nning Commission meeting of
September 24, 2001. _ ~ , ~J,
ATTEST:
RPERSON, ANAHEIM CITY PLANNING COMMISSION
~
SECRETARY, ANAHEIM CITY PLANNING COMM1SSiON
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 September 24, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WfTNESS WHEREOF, I have hereunto set my hand this ~ 3~~ day of
Qe-~ o ber- , Zoo~.
.7'..~~~,..~-
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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