Resolution-PC 2003-144•
RESOLUTION NO. PC2003-144
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC73-192 AS AMENDED BY RESOLUTION NO. PC2002-146,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1420
WHEREAS, on August 30, 1973, the Anaheim City Planning Commission did, by its
Resolution No. PC73-192, grant Conditional Use Permit No. 1420, in part, to establish a retail plant
nursery with waivers of required screening of outdoor uses, minimum off-street parking, width of required
landscaped strip adjacent to an arterial highway and required screening of outdoor uses from a freeway
or scenic highway; and that two waivers (permitted number of wall signs and required building setback
from an arterial highway in the Scenic Corridor) were denied; and that approval of the use permit was
contingent upon compliance with certain conditions including that the property be developed substantially
in accordance with plans and specifications labeled Exhibit Nos. 1 through 4; and
WHEREAS, on September 23, 2002, the Planning Commission did, by its Resolution No.
PC2002-146, amend the above-mentioned Resolution No. PC73-192 to reconstruct and expand the
existing plant nursery; and to approve waivers of maximum height, permitted commercial center
identification sign, minimum number of parking spaces, required screening of non-plant materials and
minimum landscaped setback adjacent to an arterial highway; and to deny waivers of prohibited roof
signage and maximum number of wall signs; and to amend the conditions of approval in their entirety
including that the property be developed substantially in accordance with plans and specifications labeled
Exhibit Nos. 1 through 6; and
W HEREAS, subject property is developed with a retail plant nursery (Armstrong Garden
Center) at 5780 East La Palma Avenue; that the zoning is CL(SC) (Commercial, Limited - Scenic
Corridor Overlay); and that the Anaheim General Plan designates the property for General Commercial
land uses; and
WHEREAS, the petitioner has submitted a letter proposing a second wall sign at the
Armstrong Garden Center located at 5780 East La Palma because the existing signs (a monument sign
at the front of the property and a wall sign on the north building elevation) are visible only from the north
and the west; and that the proposed wall sign will be visible to motorists traveling along La Palma
Avenue from east to west; and
WHEREAS, under authority of Sections 18.03.091 and 18.03.092, the petitioner has
submitted a sign plan labeled Exhibit No. 2-A and requests waiver of the following to install a second wall
sign in connection with the previously-approved existing garden center with waivers:
18.05.091.020 - Maximum number of wall siqns.
and 18.84.062.040 (one wall sign per building unit permitted in commercial zones in the Scenic
Corridor Overlay;
two wall signs proposed (one existing sign on the north building elevation
and one proposed sign on the east building elevation))
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 20, 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 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:
Tracking No. CUP2003-04766
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1. That there are special circumstances applicable to the property consisting of its size,
shape, topography, location or surroundings, which do not apply to other identically zoned properties in
the vicinity.
2. That strict application of the Zoning Code would deprive the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity.
3. That the use of this property, as proposed to be amended, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is located.
4. 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 request for waiver of maximum number of wall signs to install a
second wall sign in connection with the previously-approved existing garden center with waivers granted
in connection with Conditional Use Permit No. 1420; and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 1420 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previously approved
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.
--- - -N41Flf, ~~#€~€~F3R€, B€-ET R€SO~V€D that the Anaheim City R4anning Gom~issio~ does
hereby amend Resolution No. PC2002-146 by approving the waiver of minimum number of wall signs to
permit a second wall sign in connection with the previously-approved garden center with waivers; and
that the Planning Commission does also amend the conditions of approval, in their entirety, to read as
follows:
That the water back flow equipment shall be above ground and outside the street setback area in a
manner fully screened from all public streets and alleys. 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 Inspector for review and approval prior to submittal of plans to the Building Division for
permits.
2. That prior to grading plan approval, the developer shall submit a Water Quality Management Plan
("WQMP") specifically identifying the post-construction 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 (Anaheim
Municipal Code Chapter 10.09 "National Pollution Discharge Elimination System ("NPDES)").
3. That the driveway on La Palma Avenue shall be constructed with a ten (10) foot radius curb returns
as required by the City Engineer in conformance with Engineering Standard No. 137. Said
information shall be specifically shown on the plans submitted for building permits.
4. That all requests for new water services or fire lines, as well as any modification, .relocation or
abandonment of existing water services and/or fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
5. That because this project has landscaping areas exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed to comply with Chapter 10.19 "Landscape
Water Efficienc~' of Anaheim Municipal Code and Ordinance No. 5349. Said information shall be
specifically shown on the plans submitted for building permits.
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6. That all existing water services and fire lines shall conform to current Water Services Standard
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade and/or to abandon any water service
or fire line.
7. That the legal owner shall provide to the City of Anaheim (Electrical Engineering Division) with an
easement to be determined as electrical design is completed for electrical service lines. Said
easement shall be submitted to the City of Anaheim prior to connection of electrical service.
8. That any required relocation of City of Anaheim electrical facilities shall be at the developer's
expense. Landscape and/or hardscape screening shall be provided for all pad-mounted equipment.
9. That the developer/property owner shall install PVC or vinyl slats in the existing chain-link fence
located along the south property line adjacent to the equestrian/bicycle trail. Said information shall
be specificafly shown on the plans submitted for building permits.
10. 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.
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
wif~ ~i~t D~~`r`ti~e~C. S~i~l ~tb~~~~ ~~~~(~j ~h~ft b~ d~sigr~ed, Iocatect 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
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 Public Works Department, Streets and Sanitation Division, for review and approval.
13. 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. In lieu of providing an on-site trash truck turn-around, the applicant shall submit
proof of a recorded reciprocal access easement for ingress/egress with the property directly to the
west at 5750 East La Palma Avenue.
14. 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.
15. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
16. That no 'compacY or 'small car' parking spaces shall be permitted.
17. That a landscape plan for the entire site, specifying type, size and location of proposed landscaping,
including irrigation facilities, shall be submitted to the Zoning Division of the Planning Department for
review and approval. Any decision made by the Zoning Division regarding said plan may be
appealed to the Planning Commission and/or City Council. Said information shall be specifically
shown on the plans submitted for building permits.
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18. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dies.
19. That the landscaped setback along La Palma Avenue shall be planted with fourteen (14), minimum
twenty four (24) inch box sized, trees. Said information shall be specifically shown on the plans
submitted for building permits.
20. That as required by the Urban Forestry Division of the Community Services Department, street trees
(three (3), twenty four (24) inch box sized, Magnolia "Samual Sommer" trees) shall be planted by the
developer/property owner, within the public right-of-way adjacent to La Palma Avenue. Said
information shall be specifically shown on the plans submitted for building permits.
21. 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, 2-A, 3, 4, 5 and 6, and as conditioned herein.
22. 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.
23. That the new wall sign proposed and approved for the east building elevation shall be
non-illuminated (externally or internally).
-- TI-~E FOREGO~NG RESO~U~'ION was- adop~e~ at-~~t~Planning Cornrt~tission rtteeEing of
October 20, 2003.
_~,,,~„~~ ~~,~~i~_n~ c~•~
ERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, 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: BOSTWICK, EASTMAN, FLORES, O'CONNELL, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
VACANCY: COMMISSIONERS: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
pe.C2m~pGt' , 2003.
OR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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