Resolution-PC 2004-57~ i
RESOLUTION NO. PC2004-57
ARESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION'
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2004-04843 BE GRANTED
(888 SOUTH DISNEYLAND DRIVE)
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:
THAT PORTION -0F PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED' IN "BOOK 52, PAGE 39 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF WEST STREET AND BALL
ROAD AS SAID INTERSECTIONS SHOWN ON A PARCEL MAP FILED IN BOOK 40, PAGE '
9 OF PARCEL MAPS iN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG
THE ` CENTERLINE OF SAID BALL ' ROAD S89° 09'34:E 1659 .62' FEET; THENCE
N39°5T34"W 524.89 FEET; THENCE N30°57'37"W 76.72 FEET; THENCE N: 39°57'40"W
246.60 FEET; THENCE N41 °06'12:W 82.40 FEET TO THE BEGINNING OF A CURVE :
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2989.00 FEET; THENCE
NORTHWESTERLY 166.59 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 03°11'36"; THENCE N44°17'48"W 486.69 FEET TO THE NORTHWESTERLY LINE OF '
SAID PARCEL 3, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE '
CONTINUING N44°1748W 2.78 FEET TO A POINT ON A LINE PARALLEL WITH AND '
DISTANT 2.42 FEET NORTHWESTERLY OF SAID NORTHWESTERLY LINE OF SAID
PARCEL 3; THENCE WESTERLY ALONG SAID PARALLEL LINE S 75° 10' 04" W 47.79
FEET; THENCE LEAVING SAID PARALLEL LINE N 65° 44' 18" W 27.88 FEET TO A POINT
ON A LINE PARALLEL WITH AND DISTANT 20.00 FEET NORTHWESTERLY OF SAID
NORTHWESTERLY LINE OF SAID PARCEL 3; THENCE S 75° 10' 04" W 125.00 FEET;
THENCE S 3° 33' 53" W 29.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF
SAID PARCEL 3; THENCE ALONG SAID NORTHWESTERLY LINE N 75° 10' 04" E 216.79
FEET TO THE POINT OF BEGINNING.
DD 200041-01-02
RESERVING UNTO THE STATE OF CALIFORNIA, AN EASEMENT FOR SLOPE
PURPOSES OVER THAT PORTION OF PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 52, PAGE
39 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
LYING WITHIN A STRIP OF LAND 2.42 FEET WIDTH, THE NORTHERLY LINE OF SAID
STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF WEST STREET AND BALL
ROAD AS SAID INTERSECTION IS SHOWN ON A PARCEL MAP FILED IN BOOK 40,
PAGE 9 OF PARCEL MAPS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE
ALONG THE CENTERLINE OF SAID BALL ROAD S 89° 09' 34" E 1659.62 FEET; THENCE
N 39° 57' 34" W 524.89 FEET; THENCE N 30° 57' 37" W 76.72 FEET; THENCE N 39° 57' 40"
W 246.60 FEET THENCE 41° 06' 12" W 82.40 FEET TO THE BEGINNING OF A CURVE '
CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2989.00 FEET; THENCE
NORTHWESTERLY 166.59 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGEL
OF 03° 11' 36"; THENCE N 44° 17' 48" W 486.69 FEET TO THE NORTHWESTERLY LINE
OF SAID PARCEL 3; THENCE CONTINUING N 44° 17' 48" W 2.78 FEET TO A POINT ON A
LINE PARALLEL WITH AND DISTANT 2.42 FEET NORTHWESTERLY LINE OF SAID
PARCEL 3;THENCE WES7ERLY ALONG SAID PARALLEL LINE S 75° 10' 04" W 24.79 '
FEET TQ THE POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG SAID '
PARALL'EL LINE S 75°10' 04" W 23.00 FEET
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COMMENCING AT THE CENTERLINE 1NTERSECTION OF WEST STREET AND BALL -
ROAD AS SAID INTERSECTION IS SHOWN ON PARCEI. MAP FILED IN BOOK 40, PAGE 9'
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE
CENTERLINE OF SAID BALL ROAD SOUTH 89° 09' 34"'EAST 1659.62 FEET; THENCE "
NORTH 39° 5T 40" WEST 524.89 FEET; THENCE NORTH 30° 5T 37" WEST 82;40 FEET
TO THE "POINT OF BEGINNING", SAID POINT OF BEGINNING ALSO BEING THE
BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF
2989 FEET; THENCE NORTHWESTERLY 166:59 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 3° 11' 36"; THENCE NORTH 4° 17' 48" WEST 486.69 FEET TO THE
NORTHWESTERLY LINE OFSAID PARCEL 3.
BOUNDED WESTERLY BY THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE CENTERLINE INTERSECTION OF HAMPSHIRE AVENUE AND WEST
STREET AS SHOWN ON TRACT NO. 1949, RECORDED W BOOK 89, PAGES 6, 7 AND 8
OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; THENCE ALONG THE CENTERLINE DF SAID WEST STREET NORTH 14° 50'
23" WEST 116.63 FEET TO THE SOUTHWESTERLY PROLONGATION OF THE
NORTHWESTERLY LINE OF SAID PARCEL 3; TNENCE NORTH 75° 10' 04" EAST 60 FEET
ALONG SA1D LINE TQ THE NORTHWESTERLY CORNER OF SAID PARCEL; THENCE
NORTH 75° 10' 04" EAST 65:17 FEET ALONG SAID LINE TO THE NORTHWESTERLY
LINE TO THE "TRUE POINT OF BEGINNING'; THENCE SOUTH 19° 00' 26" WEST 33:93
FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 267 FEET; THENCE SOUTHERLY 157.65 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 33° 40' S2' ; THENCE NORTH 75° 10' 34" EAST 7
FEET; THENCE SOUTH 14° 49' 26" EAST 80.62 FEET; THENCE SOUTH 16° 07' 30" EAST
90.69 TO THE SOUTHEASTERLY LINE OF SAID PARCEL 3. '
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 17, 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 18.03
(Zoning Procedures-Amendments, Conditional Use Permits and Variances), 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
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behaff, and after due consideration of alf 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 No. 18.48.070.0511 to permit the modification of a legal non-
conforming office building site to add 4,335 square feet to the project site, expand and reconfigure the
parking lot and provide for landscape improvements, with waiver of the following:
(a) SECTION NO. 98.06.Q20.040
(b) SECTION NO. 18.48.070.0903
(c) SECTION NOS. 18.48.130.0601
AND 18.48.130.064
Lavout and Design of Parkinq Areas.
(Tandem parkinq spaces prohibited; 72 tandem
parkina spaces proposed)
Minimum Interior Landscaped Setback
(10 feet fullv landscaped required; 6 feet of
landscapinq proposed)
Maximum Number of Wall Siqns
(One wall sign permitted; two wall signs proposed)
2. That the proposed use is located in the C-R District (Developmenf Area 1) of the Anaheim
Resort Specific Plan No. 92-2.
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3. That waiver (a), layout and design of parking areas to permit tandem parking, is approved
on the basis of special circumstances applicable to the property consisting of size, shape and
configuration of the existing property, building and parking iot which do not apply to other identically
zoned praperties in the vicinity because this parcel is irregularly-shaped and is surrounded on three sides
by public right-of-way (the Santa Ana I-5 Freeway on two sides and Disneyland Drive on one side). In
addition, in connection with the expansion of theSanta Ana (I-5) Freeway, the office parking lot area and
number of parking spaces were reduced and additional parking spaces are needed in order to fuf(y utifize
the site for viable office tenants; and that strict application of the Zoning Code would deprive the property
of privileges enjoyed by other properties under identicai zoning classification in the vicinity.
4. That waiver (b), minimum interior landscape setback, is approved on the basis that there
are special circumstances applicable to the property consisting of the size, shape and configuration of the
existing property, building, parking lot and the new parcel, which do not apply to other identically zoned
properties in the vicinity as the property is irregularly-shaped and is surrounded on three sides by public
right-of-way (the Santa Ana{I-5) Freeway on two sides and Disneyland Drive on one side) and the 4,335
square foot expansion area is a small remnant parcel (20 feet wide by 216 feet long) of Cal Trans right-of-
way, if the minimum 10-foot wide landscape setback were imposed it wouid make the installation of new
parking spaces in the expansion area infeasible; and that the strict application of the Zoning Code would
deprive the property of privileges enjoyed by other properties under identical zoning classification in the
vicinity.
5. That, waiver (c), maximum number of signs, is approved on the basis that there are special
circumstances applicable to the property consisting of size, shape, location and surrounding, which do not
apply to other identically zoned properties in the vicinity because the property is surrounded by the Santa
Ana (I-5) Freeway on two sides and Disneyland Drive on one side; that strict application of the Zoning
Code would deprive the property of reasonable business identification from the adjacent public right-of-
way because one wall sign would not be sufficient to provide reasonable identification visible to both
adjacent traffic flows; and, that the proposed wall signs will not be visible at the same time from any point
along the adjacent direction of traffic flow or from any adjacent private properties.
6 That, as conditioned herein, the proposed modification of a legal non-conforming office
building site will not adversely affect any adjoining land uses or the growth and development of the
surrounding area because modification of the existing site will bring the property into greater conformance
with the intent of the Anaheim Resort Specific Plan by providing new landscape, signage and a
refurbished parking area which will enhance the property's appearance.
7. That the size and shape of the property is adequate to allow full development of the
proposed use, including approval of the waivers, in a manner which is not detrimental to the particular
area nor to the peace, health, safety, and general welfare of the surrounding area or citizens of the City of
Anaheim.
8. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area.
9. That no one indicated their presence at the public hearing in opposition to the proposal,
and no correspondence was received in opposition.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit the modification of a legal non-conforming
office building site to add 4,335 square feet to the project site, expand and reconfigure the parking lot and
provide for landscape improvements in a legal nonconforming office building site with waiver of layout and
design of parking areas, minimum interior landscape setback and maximum number of wall signs on an
irregularly-shaped 3.13-acre parce( with a frontage of approximately 350 feet on the east side of
Disneyland Drive, a maximum depth of approximately 530 feet and is located approximately 780 feet
north of the centerline of Ball Road and is further described as 888 South Disneyland and does hereby
determine that the previously-certified EIR No. 313 (with Mitigation Monitoring Plan No. 063) is adequate
to serve as the required environmental documentation for the subject requests upon finding thaf the
declaration reflects the independent judgment of the lead agency and that it has considered the
previously-certified EIR No. 313 together with any comments received during the public review process
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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 thaYthe Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the fotlowing 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 ofAnaheim:
1, That the property owner/developer shall be responsible for compliance with all of the mitigation
measures set forth in Mitigation Monitoring Plan No. 063 for this project which incorporates those
mitigation measures included in the Anaheim Resort Mitigation Monitoring Program Na 0085 that
are applicable to the project, and for complying with the monitoring and reporting requirements
established by the City in compliance with Section 21081:6 of the Public Resources Code.
Furthermore, the property owner/developer shall be responsible for any direct costs associated with
the monitoring and reporting requirements to ensure implementation of those mitigation measures
identified in Mitigation Monitoring Plan No.' 063 which is made a part of these conditions of approval
by reference.
2. That prior to issuance of a grading permit, a rough or precise grading plan prepared by a registered
Civil Engineer shall be submitted to the City Engineer for review and approvaL
3. That prior to final building and zoning inspections of the parking lot, #he property owner/developer
shall submit a parking management plan to the City Traffic and Transportation Manager for revieW
and approval. The plan shall show how the 72 tandem spaces will be numbered and allocated in
blocks to specific tenants pursuant to their lease. Ongoing during the project operation, use of the
72 tandem spaces shall be managed in accordance with the approved plan. :
4. 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
installed in accordance with landscaping plans approved in connection with Conditional Use Permit
No. 2004-04843.
5. 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.
6. That a licensed arborist shall be responsible for all tree trimming.
7. That sweeping operations in the parking lot shall be performed utilizing sweeping/scrubbing
equipment which operate at a level measured not greater than 60dBA at the nearest property line.
8. That ongoing during project operation, the property owner/developer shall be responsible for the
removal of any on-site graffiti within 24 hours of its application.
9. 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 residentiaf
properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated
and away from adjacent residential property lines.
10. That No Trespassing 602Q) 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.
11. 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.
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12. Thaf trash storage areas shall be maintained as indicated in the approved exhibits and in
accordance with approved plans on file with the Department of Streets and Sanitation. Such
information shall be specifically shown on the plans submitted for building permits.
13. That the backflow equipment shall be fully screened from #he public right-of-way and adjacent :
, properties as located and designed on Exhibit Nos. 3 and 4 ofthis Conditional Use Permit. Any
modifications to the approved exhibits would require Planning and Water Department approvaL
14. That all requests for new water service or fire lines, as well a5 any modifications, relocations, or
abandonments of existing water services and fire1ines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
15. That all existing public water facilities shall be protected in place. The contractor performing this
work shatl be responsible for all costs as a result of any damage or repairs to existing water facilities.
16. That gates shaf( not be installed across any driveway in a manner which may adversely affect
vehicular 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 Manager prior to issuance of a building permit.
17. That prior to final building and zoning inspections, a separate water meter shall be installed for
landscaping on all projects where the landscape area exceed, 2,500 square feet in accordance with
Ordinance No. 5349.
18. That the property to be served with underground utilities per the Electrical Rates, Rules and
Regulations (most current fees apply) and the City of Anaheim Underground Policy shalt be paid to
the Utilities Department, Electrical Engineering.
19. That the legal owner of subject property shall provide the City of Anaheim with a public utilities
easement (dimensions will vary with electrical design) along/across high voltage lines, low voltage
lines crossing private property and around all pad mounted transformers, switches capacitors, etc.
Said easement shall be submitted to the City of Anaheim prior to connection of electrical service.
20. That fire hydrants shali meet minimum Fire Department Specifications and Requirements for
spacing, distance to structure and available fire flow.
21. That emergency vehicular access shall be maintained in accordance with Fire Department
Specifications and Requirements.
22. That prior to approval of the grading plan, the developer shall submit a Water Quality Management
Plan (WQMP) specifically identifying the post constrtaction best management practices that will be
used on-site to control predictable pollutants from stormwater runoff. The WQMP shall be submitted
to the Public Works Department, Development Services Division for review and approval.
23. That prior to the issuance of a grading permit, the City of Anaheim Storm Drain Impact and
Improvement Fee for the South Central area shall be paid in the amount in effect at the time of the
issuance of the permit. The fee is currently $22,509/net acre. The project architect or engineer
must document the existing impervious area and the proposed impervious area. If the impervious
area remains the same or decrease, no fee is due. If the impervious areas increase, the fee will be
proportional to the increase.
24. That a(ot line adjustment shail be submitted to the Public Works Department, Development Service
Division, to adjust the existing property line to incorporate the 4,335 square foot expansion area 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.
25. That all uses shall be conducted indoors, with no outdoor areas;used as waiting areas and that the
parking lofishall only be used for parking and circulation, not uses related to the offices.
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26. That subject property shall be developed substantialiy 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 17, and as conditioned herein.
27. That'within one (1) year from the date of this decision or prior to issuance of a building permit,
whichever occurs first, Condition Nos. 1, 3, and 24 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.
28. That approval of this application constitutes approvai of the proposed request oniy to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does nof include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
~ BE IT FURTHER RESOLVED that fhe 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
May 17; 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appe L
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RPERSON, ANAHEIM CITY PLA I G COMMISSION
SENIOR SECRETAF2Y, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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 May 17, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~_p~Q~, 2004. ~
ENIOR ~RETARY, ANAHEIM CITY PLANNING COMMISSION
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