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Resolution-PC 2003-51~ RESOLUTION NO. PC2003-51 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-71, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2001-04361 WHEREAS, on June 4, 2001, the Anaheim City Planning Commission did, by its Resolution No. PC2001-71, grant Conditional Use Permit No. 2001-04361 to construct a 3-unit commercial retail center with roof-mounted equipment; and that said resolution includes the following conditions of approval: That the maximum number of tenant spaces in this commercial retail center shall be three (3). 26. 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 exhibit Nos. 1, 2 and 3, and as conditioned herein. WHEREAS, subject property is developed with a three-unit commercial retail center in the CL(SC) (Commercial, Limited - Scenic Corridor Overlay) zone; and that the Land Use Element of the Anaheim General Plan designates the property for General Commercial uses; and WHEREAS, under the authority of Code Section 18.03.092 the petitioner has requested amendment of the aforementioned Condition No. 1 to revise previously-approved exhibits for the existing commercial retail center to increase the maximum number of permitted fenanf-spaces from three fo four; and that new Exhibit No. 4 was submitted to illustrate the proposal; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 24, 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: 1. That the use of this property as proposed to be amended to increase the number of permitted tenant spaces is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the increase in tenant spaces from 3 to 4 units, with no additional floor area and as conditioned herein, will not adversely affect the adjoining commercial land uses nor the growth and development of the surrounding area. 3. That the size and shape of this site is adequate to allow full development of an additional tenant space in the commercial retail center in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by increasing the tenant spaces from 3 to 4 units 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 on-site and there are sufficient driveways to serve the site. 5. That amending 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. Tracking No. CUP2003-04671 cr\PC2003-051.doc -1- PC2003-51 • ~ 6. That the use, as originally granted, has not been exercised contrary to the terms or conditions of the originai approval, or in violation of any statute, ordinance, law or regulation. 7. That the use, as originally granted, has not been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance. 8. That the proposed amendments to the exhibits and to the conditions of approval are reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permif reasonable operation under the conditional use permit as originally granted. 9. 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 or his 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. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. PC2001-71, adopted in connection with Conditional Use Permit No. 2001- 04361, to permit a 4-unit commercial retail center with roof-mounted equipment, and to amend the conditions of approval in their entirety to read as follows: 1. That the number of tenant spaces for this commercial retail center shall be limited to four (4). 2. Thatno canvenience markets and/or retail sales of alcoholic beverages shall be permitted unless a separate conditional use permit is approved by the Planning Commission. 3. That no video, electronic or other amusement devices shall be permitted on the premises. 4. That all public phones shall be located inside the building. 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, which machines are visible to the public rights-of-way. 8. 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 unit; and that there shall be no signage on the canopies. All wall signs shall be designed and installed to look uniform. 9. That no outdoor storage shall be permitted on the premises. 10. 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 clinging vines planted on maximum three (3) foot centers or tall shrubbery. 11. That an on-site trash truck turn-around area shall be maintained in accordance with Engineering Standard Detail No. 610 and to the satisfaction of the Public Works Department, Streets and Sanitation Division. -2- PC2003-051 i • 12. 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. 13. That the property shall be maintained in compliance with Engineering Standard Plan Nos. 436, 601/602 and 607 regarding parking standards and driveway locations, and as approved by the City Traffic and Transportation Manager. 14. 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. 15. 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 address numbers shall be maintained in conformance with approved plans on file in the Building Division. 16. 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 and maintained to blend with the roof. Said information shall be specifically shown on the plans submitted for building permits. 17. That subject property shall be developed substantially in accordance with plans and specifications submit~ed to ~Fie City o~ Anak~eim by ~h~ petition~r and which plans are oo file with_ the Plannin~. Department marked Exhibits Nos. 1, 2, 3 and 4(site and floor plan for the 4th tenant space). 18. That prior to commencement of the activity herein approved, or 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 No. 16, above-mentioned, shall be complied with. Extensions for further time to complete said condition may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 19. That prior to final building and zoning inspections, Condition No. 17, above-mentioned, shall be complied with. 20. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 24, 2003. , CHAIRPERSON, AN HEIM CITY PLANNING COMMISSION ATTEST: IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -3- PC2003-051 ~ ~ 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 March 24, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this _~~ day of ~ , 2003. /~~~~tTVU.o SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2003-051