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Resolution-PC 2001-71~ • RESOLUTION NO. PC2001-71 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04361 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: PARCELS 3 AND B AS SHOWN ON A MAP FILED IN BOOK 222, PAGE 37 TO 41 INCLUSIVE, OF PARCEL MAPS, AND AS AMENDED BY THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED DECEMBER 15, 1989 AS INSTRUMENT NO. 89-680795, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 4, 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 de~errrtfne ~he #ollowing ~acts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.44.050.135 and 18.84.062.030.032 to construct a 3-unit commercial retail center with roof-mounted equipment. 2. That the proposed use, which is located in the "CL(SC)" (Commercial, Limited-Scenic Corridor Overlay) zone, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; and that the commercial retail center, as conditioned, will not adversely affect the adjoining commercial and residential land uses nor the growth and development of the surrounding area. 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 general welfare; and that, as designed, the proposal will protect the peace and privacy of the multiple-family neighborhood to the south. 4. That the traffic generated by the proposed commercial retail center will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because adequate parking is provided and there are sufficient driveways to serve the site. 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 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: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 32, as defined in the State of California Environmental Impact Report (EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. CR5101 pk.doc -1- PC2001-71 ~ • 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 the maximum number of tenant spaces in this commercial retail center shall be three (3). 2. That a letter requesting termination of Conditional Use Permit No. 2846 (to permit a 57.5 foot high, 150 room hotel/motel on Parcel No. 3 of Parcel Map No. 86-333) shall be submitted to the Zoning Division. 3. That no convenience market and/or retail sale of alcoholic beverages shall be permitted unless a separate conditional use permit is approved by the Planning Commission. 4. That no video, electronic or other amusement devices shall be permitted on the premises. 5. That all public phones shall be located inside the building. 6. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 7. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 8. That no outdoor vending machines, which are visible to a public right-of-way, shall be permitted on the property. 9. That signage for subject facility shall be limited to one (1) wall sign per tenant not be exceed ten percent (10%) of the total area of the face of the tenant unit; and that there shall be no signage on the canopies. All wall signs shall be designed and installed to look uniform. 10. That there shall be no outdoor storage permitted on the property. 11. That trash storage area(s) 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 to adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti oppo~tunities 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. 12. 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. 13. 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 14. That all trash generated from 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. 15. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easements along/across primary underground cables and around the pad-mounted transformers when the electrical design is completed. -2- PC2001-71 !~ ~ J 16. That any required re-location of electrical poles shall be paid by the property owner/developer. 17. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 "Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on the plans submitted for building permits. 18. That all backflow equipment shall be located above ground outside the required street setback area in a manner fully screened from all public streets and highways. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the required street setback area in a manner fully screened from all public streets and highways. Said information shall be specifically shown on plans and approved by Water Engineering and the Cross Connection Control Inspector prior to submittal of plans for building permits. 19. 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, 602 and 607 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. Said information shall be specifically shown on the plans submitted for building permits. 20. 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 finrenty four (24) hours ~rom ttme of oecurrenee. 21. That three (3) foot-high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof material. 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. 22. That final elevation plans shall be submitted to the Zoning Division for review and approval. There shall be two (2) fully designed and completed towers, incorporating full tile roofs. One (1) to be located on the north end of the building and one (1) on the south end of the building, and the canopies shall be redesigned to be more complementary to the design of the building. Any decision by the Zoning Division may be appealed to the Planning Commission as a"Reports and Recommendation" item. 23. That final landscaping plans shall be submitted to the Zoning Division for review and approval. Said plans shall incorporate minimum twenty four inch (24") box sized trees and shall include additional trees in the north and east landscaping planters. The landscaping plans shall comply with parking lot landscaping requirements including the minimum planter dimensions and required number of trees. Any decision by the Zoning Division may be appealed to the Planning Commission and will be considered as a"Reports and Recommendations" item. 24. That all roof mounted equipment shall be screened from view of surrounding properties and public rights-of way; and that all roof mounted equipment shall be painted (or re-painted) and maintained to blend with the roof. Said information shall be specifically shown in the plans submitted for building permits. 25. 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 shown on the plans submitted for building permits. Said plans shall identify the specific screening freatment 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. -3- PC2001-71 ~ ~ 26. 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 Exhibits No. 1, 2 and 3, as conditioned herein. 27. 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. 2, 11, 12, 13, 15, 17, 18, 19, 21, 22, 23, 24 and 25, 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. 28. That prior to final building and zoning inspections, Condition No. 26, above-mentioned, shall be complied with. 29. 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. BE IT FURTHER RESOLVED that the Anaheim Ciry Planning Commission does hereby find and determine that adoption of this Resolution is expressty 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 FOREGOING RESOLUTION was adopted at th~lanning Commission meeting of June 4, 24E11. - -- -____--- - ATTEST: CHAIRPERSON, M CITY PLANNING COMMISSION v 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 June 4, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~8 ~' day of ~U h e, , 2001. ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-71