Resolution-PC 2004-107i
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RESOLUTION NO. PC2004-107
A RESOLUTION OF THE ANAHEIM CITYPLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04881 BE GRANTED
(315-327 SOUTH ANAHEIM BOULEVARD)
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
LOT 53 OF THE ORIGINAL "TOWN LOTS" OF ANAHEIM, IN THE CITY-0F ANAHEIM;
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4,
PAGES 629 AND 630 OF bEEDS, RECORDS, OF LOS ANGELES COUNTY, IN THE
OFFICE OF THE COUNTY RECORDER OFSAID COUNTY
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 20, 2004 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
18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate
and make findings and recommendations in connection therewith;
WHEREAS, said Commission, after due inspection, investigation and study madeby 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 proposes approval of a conditional use permit to remodel an existing
historical building and to establish a commercial retail center with an accessory auto detailing facility under
the authority of Code Section No. 18.08.030.040.0402 with waivers of the following:
SECTION NO. 18.08.060.010 - Minimum landscape and structural setback adiacent
to an arterial hiqhwav. (15 feet required; 0 to 11 feet
proposed)
SECTION NO. 18.44.040.190 - Permitted tvpe of sign. (Roof signs not permitted;
three historically-compatible roof signs proposed)
2. That the above-mentioned waivers are hereby granted on basis that there are special
circumstances applicable to the property such as the location and unique characteristics of the existing
historical building within the Downtown Anaheim area, which does not apply to the majority of identically
zoned properties in the same vicinity; and that strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in the identical zone and classification in the vicinity.
3. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the intended use of the property that do not apply generally to the property or class of
use in the same vicinity and zone.
4. That the requested waivers are necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone.
5. That the requested waivers will not be materially detrimental to the public welfare or injurious
to the property or improvements in such vicinity and zone in which the property is located.
6. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.08.030.100.
7. That the proposed commercial retail center and accessory auto detailing center as
conditioned herein would not adversely affect the adjoining land uses and the growth and development of the
area in which it is proposed.to be located.
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8. That the size and shape of the site for the commercial retail center and accessory auto
detailing center are adequate to allow the full development of the proposed use in a manner not detrimental
to the pa~ticular area nor to the peace, health, safety, and general welfare since no waivers from Code
development standards were necessary for this business.
9: That the traffic generated by the commercial retail center would not impose an undue burden
: upon the streets and highways designed and improved to carry the traffic in the area.
10. That the granting of the conditional use permit under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim. ' _
11. That no'one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
' CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDING: That it has been determined
that the current request would be covered by the previously-approved Mitigated Negative Declaration
approved for the establishment of the South Anaheim Boulevard Overlay Zone adopted in May of 2000. Any
mitigation measure that would be required of a project under that Mitigated Negative Declaration would be
adhered to. The historic structure would be renovated in accordance with historical standards, including the
Anaheim Colony Historic District Preservation Plan and 4he U.S. Secretary of theJnterior Standards for
Historic Preservation. CEQA Guidelines Section 15064(b)(3) provides, in relevant part, that generally a
project that follows the Secretary of the Interior standards for the treatment ofhistoric properties with
guidelines for preserving, rehabilitating, restoring and reconstructing historic buildings or the Secretary of the
Interior standards for rehabilitation and guidelines for rehabilitating historic buildings shall be considered as
_ mitigated to a level of less than significant impact on the historical resource. A complete environmental
analysis is contained within the Initial Study (a copy of which is available for review in the Planning
Department) for this project.
NOW, THEREFORE, BE IT RESOLVED that the Anaheirn 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:
1. That the auto detailing facility shall be operated and maintained as an accessory facility to the service
station north of the subject property. That no use other than auto detailing shall be permitted on the
property other than that portion of the property designated for auto detailing. That the applicant shall
submit a parking plan for the adjacent property to the north.
2. That no outdoor storage, display, or sales of any merchandise or equipment shall be permitted;
including in and around the accessory auto detailing facility.
3. This condition was deleted at public hearing.
4. That no portable signage shall be utilized to advertise any businesses within the commercial retail
center.
5. That sign plans shall be submitted to the Planning and Community Development Departments for
review and approval. Any decision by staff may be appealed to the Planning Commission as a
Reports and Recommendation item.
6. That a trash enclosure shall be provided and maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted
on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans
submitted for Public Works Department, Streets and Sanitation Division approval. No trash storage
areas shall be allowed in any required setback areas.
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7. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approvaL
8. That an on-site trash truck turnaround shall be provided and maintained in conformance with Standard
Engineering Plan No. 476. Said turnaround area shall be specifically shown on plans submitted far
building permits.
9. That a Burglar/Robbery Alarm permit application, Form APD 515 shall be obtained and completed from
the Anaheim Police Department if an alarm is installed on the property. '
10. That a Fire Emergency Listing Card; Form APD-281 shall be obtained from the Anaheim Police
Department.
11. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
12. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and
470 pertaining to parking standards and drivewayJocations. Subject property shall thereupon be
developed and maintained in conformance with said pians.
13. This condition was deleted at public hearing.
14. That a detailed landscape plan for the entire site shall be submitted to the Planning and Community
Development Departments indicating type, size and location of existing and proposed landscaping and
irrigation for review and approval by the Planning Department. Any decision by staff regarding said plan
may be appealed to the Planning Commission as a Reports and Recommendation item. Once
approved, the landscaping shafl be installed within sixty (60) days of plan approval and maintained in
accordance with the plan. The landscape plan shall indicate the following:
• That an on-site fandscaping and irrigation system shall be provided/refurbished and
maintained in compliance with City standards.
• That the front landscaped setback area adjacent to Anaheim Boulevard shall be planted
and irrigated with a minimum of five (5) 24-inch box evergreen trees shrubs (minimum
size of 5-gallon) to provide screening of the parking area from public view and
groundcover.
• That parking lot trees (minimum of twelve (12), 24-inch box trees) shall be planted within '
the parking lot landscape planters.
15. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time
of occurrence.
16. That all landscaping shall be permanently maintained and immediately replaced in the event that it
becomes diseased or dies.
17. That all air conditioning facilities and other roof and ground-mounted equipment shall be properly
screened from view by architecturally compatible enclosures. Said information shall be specifically -
shown on plans submitted for Planning Department approvaL
18. That all public telephones shall be located inside the building only.
19. That roof-mounted balloons or other inflated devices shall not be permitted.
20. ' That no vending machines shall be permitted on the property which are visible from the public right-of-
way.
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21. That the maximum number of tenant spaces shall be limited to three (3) units, as reflected on the site
and floor plans (Exhibit Nos. 1 and 2).
22. That the legal owner of subject property shali provide the City of Anaheim with a public utilities
easement as determined to be necessary when the electrical design is completed.
23. That any required relocation of City electrical facilities shall be at the developer's expense.
24: That all backflow equipment shall be above ground, outside of 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 of the
street setback area in a manner fully screened from all public streets and alleys. Said information shall
be specifically shown on plans and approved by Water Engineering and Cross Connection Inspector
before submittal for building permits.
25. That all requests for new water services or fire lines, as well as any modifications; relocation, or
abandonments of existing water services and fire lines shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
26. That all existing water services and fire iines shall conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or abandoned if the existing service is not longer needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire
line.
27. That a valid business license shall be obtained from the City of Anaheim, Business License Division of
the Finance Department for all businesses within the commercial center.
28. 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 through 5.
29. That the auto detailing faciliry shall be operated and maintained as an accessory facility to the service
station north of the subject property.
30. That the applicant shall comply with all applicable mitigation measures of the Mitigated Negative
Declaration prepared for the South Anaheim Boulevard Overlay Zone.
31. That the applicant shall comply with the Anaheim Colony Histo~ic Preservation Plan and the U.S.
Secretary of Interior Historic Standards for the structure.
32. That final sign plans for the detail structure shall be submitted to the Planning and Community
Development Departments for review and approval. Said plans shall be designed such that the signage
is visible to customers when on the property. Any decision regarding the signage may be appealed to
the Planning Commission as a Reports and Recommendation item.
33. 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. 1, 5, 6, 7, 8, 9, 10, 12, 13, 14, 17, 22 and 24,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
34. That prior to final building and zoning inspections Condition Nos. 26 and 28, above-mentioned, shall be
complied with.
35. 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 appficabfe ordinance, regulation or requirement. '
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BE IT FURTHER RESOLVED that theAnaheim 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 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
September 20, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to a peal procedures and maybe replaced by a City
Council Resolution in the event of an appeaL „ -
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CHAIRMAN, ANAHE(M CITY PLANNING COMMISSION
ATTE T:
SENIOR S RETARY; ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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 September 20, 2004, by the following vote of the members thereof;
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VANDERBILT-LINARES, VELASQUEZ
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: O'CONNELL
IN WITNESS WHEREOF, I have hereunto set my hand this ~_~ day of
, 2004.
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ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION