Resolution-PC 2003-138•
RESOLUTION NO. PC2003-138
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04736 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:
THE NORTH 216.00 FEET OF THE EAST 180.00 FEET OF THE NORTHEAST
QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51,
PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY
CALIFORNIA
EXCEPTING THEREFROM THAT PORTION DESCR{BED IN DEED TO THE
STATE OF CALIFORNIA RECORDED MAY 28, 1956 IN BOOK 3525, PAGE 470
OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 11, 2003 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
- --- inves~ige~~a~t~ ~al~~#i~t~ti~gs a~t~F Feeo~t~rtenda~ions in-eonneetion-therewith; anci that said public
hearing was continued to the September 8 and October 20, 2003 Planning Commission meetings; 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 Municipal Code Section 18.44.05~0.135 to wit: to construct a three-unit commercial retail center.
2. That the proposed use will not, under the conditions imposed, 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, under the conditions
imposed, adequate to allow full development of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety and general welfare.
4. That the traffic generated by the proposed use will not, under the conditions herein,
impose an undue burder~ upon the streets and highways designed and improved to carry the traffic in the
area.
5. That granting of this conditional use permit will not, under the conditions imposed, 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: That the Anaheim City
Planning Commission has reviewed the proposal to construct a three-unit commercial retail center on a
rectangularly-shaped 0.4-acre property located at the southwest corner of Lincoln Avenue and Brookhurst
Street, having frontages of 120 feet on the south side of Lincoln Avenue and 150 feet on the west side of
Brookhurst Street and further described as 101 South Brookhurst Street; and does hereby approve the
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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 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 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 no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a
separate conditional use permit is submitted to and approved by the Planning Commission or City
Council.
2. That no video, electronic or other amusement devices shall be permitted on the premises.
That all public phones shall be located inside the building.
4. That all trash generated from this commercial retail center shall be properly contained in trash bins
located within approved trash enclosure(s). 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(s).
5. 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.
6. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
7. That no outdoor vending machines shall be permitted on the property.
8. That four (4) 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.
9. That no outdoor storage shall be permitted on the premises.
10. 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 specifically shown on the plans submitted for building permits.
11. 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.
12. That the number of tenant spaces in this commercial retail center shall be limited to three (3). Said
information shall be specifically shown on #he plans submitted for building permits.
13. (a) That the design, size and placement of the signs shall be limited to that which is shown on the
exhibits submitted by the petitioner and approved by the Planning Commission.
(b) That no signs shall be permitted on the north, south or west building elevations, except that
each corner tenant shall be permitted one (1) additional wall sign in conformance with code
requirements. Any additional signs shall be subject to review and approval by the Zoning
Division.
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Any decision by staff may be appealed to the Planning Commission as a`Reports and
Recommendations' item.
14. That final sign plans for the monument sign shall be submitted to the Zoning Division for review and
approval. Said plans shall incorporate the stone treatment identical to the treatment utilized on the
commercial building, an eighteen (18) inch high base including nine (9) inch high address numbers
and letters, and a decorative cornice treatment along the full width of the monument sign. The final
sign plans shall reflect relocation of the monument sign outside the sight-distance triangle at the
intersection of Lincoln Avenue and Brookhurst Street. Any decision made by staff regarding the sign
plans may be appealed to the Planning Commission as a'Reports and Recommendations' item.
15. That the plans submitted for building permits shall specify a decorative smooth pavement treatment
at the driveway entrances on Lincoln Avenue and Brookhurst Street.
16. That final landscaping plans shall be submitted to the Zoning Division of the Planning Department for
review and approval including the following:
Plans shall indicate two (2) additional Queen Palms (minimum eight (8) foot BTH) for a total of
four (4) palm trees planted in the landscaped finger adjacent to the north elevation of the
commercial building facing Lincoln Avenue.
• Plans shall indicate a minimum of six (6) trees adjacent to Lincoln Avenue and eight (8) trees
adjacent to Brookhurst Street. All trees shall be minimum twenty four inch (24") box sized.
• All on site landscaping, including trees, shall be consistent with the Brookhurst Street Corridor
Design Study and the Lincoln Avenue Corridor Master Plan.
Any decision made by staff regarding said final landscape plans may be appealed to the Planning
Commission as a'Reports and Recommendations' item.
17. That all backflow equipment shall be located above ground and outside the street setback area in a
manner fully screened from all public streets. 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
street setback area in a manner fully screened from all public streets and alleys. Said information
shall be specifically shown on plans submitted to the Water Engineering and Cross Connection
Control Inspector for review and approval.
18. That because this project has a landscaping area 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 Anaheim Municipal Code and Ordinance No. 5349 regarding water
conservation. Said information shall be specifiically shown on the plans submitted for building
permits.
19. That all existing water services and fire lines shall conform to current Water Service Standards
Specifications. Any water service or fire line that does not meet current standards shall be upgraded
if contirued use is necessary or abandoned if the existing servic~ is na longer needed. The
owner/developer shall be responsible for the cost to upgrade or to abandon any water service or fire
line.
20. 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 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
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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.
21. 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.
22. 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 Public Works Department, Streets
and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for
building permits.
23. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing in conformance with the current versions of Engineering Standard Plan Nos. 436 and
4601/602 pertaining to parking standards and driveway location. Subject property shall thereupon
be developed and maintained in conformance with said plans.
24. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
25. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns in
conformance with Engineering Standard No. 137 or as approved by the City Engineer. Said
information shall be specifically shown on the plans submitted for building permits.
26. That the legal owner of subject property shall provide the City of Anaheim a public utilities easement
-- along/across prirrtary crnderground eable arteF aFOUnc~ #he pad-mo~rrted trans€ormers. ---
27. That any required relocation of City of Anaheim electrical facilities shall be at the property owner's
expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required
and shall be located outside the easement area for the equipment. Said information shall be
specifically shown on the plans submitted for building permits.
28. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division. A Certificate of
Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and
recorded in the Office of the Orange County Recorder prior to issuance of a building permit.
29. That prior to approval of the grading plan, the developer shall submit a Water Quality Management
Plan ("WQMP") specifically identifying the best management practices that will be used on-site to
control predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public
Works Department, Development Services Division, for review and approval.
30. That the storm drains and sanitary sewers for this development shall be privately maintained.
31. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 2539 (permitting a coin-operated car wash in an existing service station).
32. That final elevation plans shall be submitted to the Zoning Division and Community Development
Department for rsvis~r.~ and approval. Said plans shall incorporatp the lsdge stone treatment a!ong
the north, east and south building elevations. Any decision by city staff may be appealed to the
Planning Commission as a`Reports and Recommendations' item.
33. 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. 2 of Exhibit No. 1, Exhibit Nos. 2, 3 and 4, and Revision
No. 1 of Exhibit No. 5, and as conditioned herein.
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34. That prior to issuance of a building permit for the first tenant space or within a period of one (1) year
from the date of this resolution, whichever occurs first, Condition Nos. 8, 10, 12, 14, 15, 16, 17, 18,
19, 20, 21, 22, 23, 25, 26, 27, 28, 31 and 32, 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.
35. That prior to final building and zoning inspections, Condition Nos. 13 and 33, above-mentioned, shall
be complied with.
36. 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.
37. That the applicant shall provide pedestrian access from the public sidewalk along both Lincoln
Avenue and Brookhurst Street onto the retail center property.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
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 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 the Planning Commission meeting of
---- October 20, ~~E33. -- --
C IRPERSON, ANAHEIM CITY P~ANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORN~A )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
!, Eleanor Morris, Senior 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 October 20, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
VACANCY: COMMISSIONERS:
IN WITNESS WHE
e ber, 2003.
BOSTWICK, EASTMAN, O'CONNELL, VANDERBILT
FLORES
ROMERO
ONE SEAT
REOF, I have hereunto set my hand this ~ day of
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SENIOR ~ECRETARY, ANAHEIM CITY PLANNING COMMISSION
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