Resolution-PC 2004-135~ ~~
' RESOLUTION NO. PC2004-135
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USEPERMIT NO. 2004-04922 BE GRANTED
(100 EAST KATELLA AVENUE) _
WHEREAS, the Anaheim 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 NORTHERLY 271.1 FEET OF THE WESTERLY 249.47 FEET OF THE fVORTH HALF OF
THE NORTHWEST QUARTER' OF THE 'NORTHWEST 'QUARTER `OF SECTION ' 26,
TOWNSHiP 4 SOUTH, RANGE 10 WEST, IN RANCHO SAN :JUAN CAJON bE SANTA ANA,
AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY
CALIFORNIA. _
EXCEPTING THEREFROM ANY PORTION LYING NORTHERLY, NORTH WESTERLY, AND
WESTERLY OF THE' SOUTHERLY, SOUTH EASTERLY, AND EASTERLY UNES OF
' PARCELS "A-1'' THROUGH "A-3" OF THE LAND DESCRIBED IN THAT CERTAIN FfNAL
ORDER OF CONDEMNATION, SUPERIOR'COURT'CASE N0. 784656, A CERTIFIED'GOPY
OF WHICH WAS RECORDED APRIL 7, 1999 AS 'INSTRUMENT NO 19990254025 OF
OFFICIAL RECORDS OF SAID COUNTY. '
WHEREAS, the AnaheimPlanning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 15, 2004, at 2:00 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; and
W HEREAS, 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 request to establish a service station with a convenience market with the
retail sales of beer and wine for off-premises consumption in conjunction with the relocation of an existing
service station with street frontage on Harbor Boulevard is located in the C-R Districf (Development Area 1) _
of the Anaheim Resort Specific Plan No. 92-2.
(a} SECTION 18.116.130.060,0604 Minimum distance of monument sian
from intersection (75 required; 38 feet
proposed)
(b) SECTION NO. 18.116.070.080.0802 Maximum buildinq height adiacent to a
mobile home park
(DELETED)
(c) SECTION NO. 18.116A70.090.0903 Minimum interior structural setback and
yard requirements (10 foot wide fu11y
landscaped required; 0-50 foot wide
proposed
(d) SECTION NO. 18.116.070.100.1002 Permitted location of parkinq area
(DELETED)
(e) SECTION NO. 18.116.070.110.1102 Landscape setback abuttinq a mobile
home park (20-foot wide fully landscaped '
required; 90-footwide proposed)
Cr\PC2004-135 -1- , PC2004-135
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2 That waiver (a} pertaining to the minimum distance of a monument sign from the intersection is `
hereby approved due to special circumstances appiicable to the property pertaining to the bus shelter and
several electrical cabinets and pull boxes that wou~d substantially block visibility of this sign if it were located
. 75 feetfrom the intersection. Due to the location of this equipment within the public right-of-way, as weli as
the location of the bus shelter, all of which are not under the control of the property owner, a strict application
of the code would constitute a hardship on the property owner and would result in denying the property
owner rights enjoyed by other property ownerswithin the vicinity (visibil'ity of',monument signage); and 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 waiver (b) is hereby denied as it has been deleted.
4. That waiver (c) pertaining to the minimum interior sfructural setback and yard requirements,
is approved on the basis that there are special circumstances applicable to the property as the configuration
of the existing commercial center and,the location of the existing commercial center building and access
way, the two sites (the service station and the commercial center), would function more closely as a singie
commercial center due to the joint access from Katella Avenue and within the commercial property. The ten
(10) foot wide landscape setback is intended to provide a buffer between separate and distinct uses.
Because the existing configuration of the lots resemble that of a single commercial property and because a
majority of the interior property line exceeds the code-required Iandscape, a StriCt appllGatlOn Of the COde
requiring landscaping along the'full length of the interior property line would create a hardship for the
property by eliminating common access to and within the service station/commercial center complex.
Because the existing configuration of the adjacent lots resembfe that of a single commercial property, a strict
application of the code requiring landscaping along the full length of the interior property line would create a '
hardship for the property by eliminating common access to and within the service ststion/commercial center
depriving the property of privileges enjoyed by otherproperties under identical zoning classification'in the '
vicinity.
5. That waiver (d) is hereby denied as it has been deleted.
6. That waiver (e) pertaining to landscaped setbacks abutting a mobile home park is hereby
approved on the basis that there are special circumstances applicable to the property consisting of the size,
shape and configuration of the property. Code requires a minimum 20-foot wide fully landscaped setback
along interior property lines adjacent the mobile home park. The property is relatively small compared to
other properties in the vicinity and the developable area is further constrained by having multiple street
frontages and associated setback requirements. The landscaped setbacks are intended to buffer sensitive
uses from commercial recreation uses (i.e. hotels and restaurants) that typically include iarge structures
and/or large parking facilities that may impact adjacent uses due to noise and light. Because this use does
not have the same characteristics of a large hotel building, and because, the south property line abuts an
existing 30-foot wide internal street within the mobile home parking (Vanguard Road); combined with limited
~ devel.opable area of the lot, the strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity.
7. That the traffic generated by the modified use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
8. That the granting of the conditional use permit under the conditions imposed, if any, will not ,
be detrirrienta{ to the health and safety of the citizens of the City of Anaheim.
9. 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 QUALITY ACT FINDING: That the Planning Commission
has determined that the proposed project's environmental effects are within the parameters, assumptions
and time frames analyzed in the previously-certified Environmental Impact Report No: 313 for the Anaheim
Resort Specific Plan. Furthermore, based upon a review of the requested conditional use permit and
associated waivers, and the supporting documentation, Commission has determined that said request will
not result in any new significant environmental impacts and any impacts will be addressed by Mitigation
Monitoring Plan No. 067 for the proposed project incorporating those mitigation measures included in the
Anaheim Resorf Mitigation Monitoring Program No. 0085 that are applicable to the project. `
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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 generai welfare of the Citizens of the Cityof Anaheim:
1. That the property owner/developer shall be responsible for compliance with all of the mitigation
measures set forth in Mitlgation Monitoring Plan No: 067 for this project which incorporates those
mitigation measures inciuded in the Anaheim Resort Mitigation Monitoring Program No. 0085 that are
applicable to the project; and for compfying with the monitoring and reporting requirements established
by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, #he property
owner/developer shalf be responsible for any direct costs associated with the monitoring and feporting
requirements to ensure implementation of those mitigation measures identified in Mitigation Monitoring
Plan No. 067, which is made a part of these conditions of approval by reference.
2. That prior to final building and zoning inspections, a licensed landscape,architect shall provide a letter to
the Planning Department certifying that all landscaping and irrigation systems have been instaNed in '
`accordance with approved landscaping plans.
3. That all wall and canopy signage shall be modified to comply the standards set forth in the Anaheim
Resort Specific Plan. Said information shall be specifically shown on plans submitted for:building,
permits.
4. That any tree planted within the Setback Realm shall be replaced in a timely manner in the event that it
is removed,'damaged, diseased and/or dead.
5. That a licensed arborist shall be responsible for all tree trimming.
6. That the location, configuration and type of all lighting fixtures including ground-mounted lighting fixtures
utilized to accent buildings, landscape elements, or to illuminate pedestrian areas, shall be shown on the
plans submitted for building permits. All proposed surface parking area lighting fixtures shall be down-
lighted with a maximum height of twelve (12) feet adjacent to any residential properties. All iighting
fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent
residential property lines. Said information shall be specifically shown on plans submitted for building
permits.
7. That No Trespassing 602(j) P.C. shall be posted at the entrance of the parking lot (outside of any
required setback area) and located in other appropriate places. Signs must be at least 2' X 1' in overall
size, with white background and black 2" lettering.
8. That the entrance to the parking lot shall be posted with appropriate signs per 22658(a) C.V.C. (outside
of any required setback area), to assist in removal of vehicles at the property owners/managers request.
9. That address numbers shall be positioned so as to be readily readable from the street. Numbers should
be illuminated during hours of darkness. Said information shall be specifically shown on plans submifted
for building permits.
10. That rooftop address numbers for the police helicopter shall be provided a minimum size of 4' feet in
height and 2' feet in width. Numbers should be painted in a contrasting color to the roofing material and
shall not be visible from surrounding streets. Said information shall be specifically shown on plans
submitted for building permits.
11. That trash storage areas shall be as indicated in the approved exhibits and in accordance with approved
plans on file with the Streets and Sanitation Division. Such information shall be specifically shown on the
plans submitted for building permits.
12. That the backflow equipment shall be fully screened from the public right-of-way and adjacent properties
' as located and designed on Exhibit Na 6 of this Conditionaf Use Permit. Any modifications to the
approved exhibits shall require Planning Services Divisior~ and Water Engineering Division approvaL
Said information shall be specificalfy shown on plans submitted for building permits.
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13. That all requests for new water serVice orfire lines, as well.as any modifications, relocations, or
° abandonment of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
14: That aII existing public water facilities shall be protected in place. The contractor performing this work
shall be responsib{e for all costs as a result of any'damage or repairs to existing water facilities.
15. That gates shall notbe installed across any driveway in a manner, which may adversely affect vehicufar
traffic on the adjacent public street. Installation of any gates shall conform to the Engineering Standard '
Plan No. 609 and shall be subject to the review and "approval of the City Traffic and'Transportation
Managerprior to issuance of a building permit. -
16. That since the project has a landscape area exceeding 2,500 square feet, a separate water meter sha11
be installed in accordance with Ordinance No. 5349: Said information shall be specifically shown on
plans submitted for building permit
17: That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement
'(dimensions will vary with electricai design)' along/across high voltage lines, low voltage lines crossing
private property and around all pad mounted transformers, switches capacitors, etc. Said easement
shaii be submitted to the City of Anaheim prior to connection of eiectrical.service.'
18. That prior to the issuance of a grading permit, the City of Anaheim Storm Drain lmpact and Improvement
Fee for the South Central Area shall be paid. The fee is currentiy $23,34~ per net acre for commercial
deve{opment.
19. That a lot line adjustment shall be submitted to the Public Works Department, Development Services
Division, to adjust the existing property line to incorporate the additional portions of the adjacent
properties into the site. The Lot Line Adjustment shall be approved by the City Engineer and recorded in
the office of the Orange County Recorder prior to issuance of a grading permit
20. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Subdivision Section. A Certificate of Compliance or
Gonditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office
of the Orange County recorder prior to approval of the lot line adjustment.
21. That the property owner/developer shall comply with Condition Nos. 1, 2,' 6, 7, 8, 9; 10, 12, 13, 14, 15,
16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41 as set forth in
Ordinance No. 5454 adopted by the City Council on September 27, 1994 in connection with the adoption
of the Anaheim Resort Specific Plan No. 92-2; said conditions being incorporated herein by reference as
if set forth in their entirety.
22. That prior to issuance of a building permit, all existing buildings on the proposed site shali be -
demolished. The legal property owner shall obtain a demolition permit from the Building Division.
23. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim bythe petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1 and 8, and as conditioned herein.
24. 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. 3, 6, 9, 10, 11, 12, 16, 17, 18, 19, 20 and 22,
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.
25. That prior to final building and zoning inspections, Condition Nos. 2, 7, 8 and 23, above-mentioned, shall
be complied with.
26. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations.
_4_ PC2004-135
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Approval does not include any action'or findings as to compliance or approval of the request regarding
any other applicable ordinance, xegulation or requirement.
BE IT FUR7HER RESOLVED that the Anaheim Planning Commission does hereby find and '
defermine that adoption of'this Resolution is expressly predicated upon applicant's compliance with each and
al{ of the conditions hereinabove set forth. Should anysuch condition, or any part thereof, be declared
invalid or unenforceable by the final judgmenf of any: court of competent jurisdiction, then this Resolution, ,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying ail charges related
to the processing of this discretionary case application within 7 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at thePlanning Commission meeting of
November 15, 2004.' Said resolution is subject to the appe provisions set forth in Chapter 18.60, "Zoning
Provisions'- GeneraP' of the Anaheim Municipal Code'p ai ' to appeal pro ures and may be replaced
by a City Council Resolution in the event of an appe . r
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CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATT T:
ENI R CRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OFANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission; do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
November 15, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
g~, 2004.
ENIOR SECRETARY, ANAHEIM PLANNING COMMISSION