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Resolution-PC 2004-62~ ~' RESOLUTION NO. PC2004-62 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2004-04608 BE GRANTED, IN PART 676 SOUTH STATE COLLEGE BOULEVARD . WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: LOTS 8, 9 AND 10 OF TRACT NO. 2300 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALiFORNIA; AS SHOWN ON A MAP RECORDED IN BOOK 68, 'PAGES 35 AND 36 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CAUFORNIA. WHEREAS, the City Plannfng Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 2, 2004, at 1:30 p.m,, notice of said public hearing having been duly given as required by iaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance 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 petitioner proposes to construct a two-unit commercial retail building with waivers of the following: (a) SECTION NOS. 18.04.080.010 Required dedication and improvement of and 18.04.080.020 public riqht-of-wav (DELETED) (b) SECTlON NOS. 18.05.050.022 Minimum number of~arkinq spaces and 18.44.066A50 (24 required; 23 proposed and recommended by the City Traffic and Transportation Manager) (c) SECTION NO. 18.44.063.010 Minimum setback adjacent to an arterial hiqhwav (10 feet required; 3=8 feet proposed) (d) SECTION NO. 18.44.063.040 Minimum setback adiacent to a residential zone boundarv (10 feet fully landscaped required; 4 feet landscaped and 6 feet structural setback proposed.) 2. That the above-mentioned waiver (a), required dedication and improvement of. public right- of-way, is hereby denied on the basis that the waiver is not necessary. 3. That the above menfioned waiver (b), minimum number of parking spaces, is hereby granted on the basis of the recommendation of the City Traffic and Transportation Manager and the following findings: "(a) That the waiver, under the conditions imposed, wiA not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. ' CR\PC2004-062 -1- PC2004-62 \ #, ~ The parking letter and letter of operation indicates that the project would contain a sufficient supply of parki,ng spaces to accommodate the commercial `uses proposed on site. (b) That the waiver, under the condi4ions imposed, will not increase the demand and competition - for parking spaces upon the public streets in the immediate vicinity of fhe proposed use. The parkingsurvey and the analysis'for the project indicate fhatsufficient off-street parking is provided so that the adjacent public street parking wouid not be necessary (peak demand would require 15 spaces, and 23 spaces would be provided}. ~ (c) That the waiver, under the conditions imposed, will not increase the demand for parking 'spaces upon adjacent private property in the immediate vicinity of the proposed use. The parking letter has determined that sufficient off-street parking is provided so that the parking would not be necessary on adjacent private properties (peak demand would require 15 spaces and 23 spaces would be provided). (d) That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. The project will not cause increased traffic congestion within off-street parking areas of the site because the peak demand is projected to consist of a maximum of 15 vehicles. (e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Sufficient parking would be provided on the project site to accommodate the generated demand from on site commercial uses" ' 4. That the above-mentioned waivers (c), minimum setback adjacent to an arterial highway and . (d) minimum setback adjacent to a residential zone boundary, are hereby granted on basis that the strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because the subject property is adjacent to two (2) arterial highways on the south and west property lines (increasing the land area dedicated to landscaping and setbacks) and residential zone boundaries to the north and east, thereby limiting the placement of the commercial building (due to height limitations adjacent to single family residential) and that the location of this property adjacent to residential uses and two arterial highways results in a special circumstance that does not apply to other properties in the vicinity. 5. 7hat there are other properties in the vicinity under identical zoning classification that have setbacks similar to this proposal and therefore, the failure to grant waivers (c) and (d) would deprive the petitioner of privileges enjoyed by other properties in the vicinity. 6. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 7. That the requested variance 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. 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition; one person was present and was not opposed to the proposal provided it was constructed in accordance with submitted exhibits. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning Commission has reviewed the proposal to waive the (a) required dedication and improvement of public right- -2- FC2004-62 ' • • of-way, (b) minimum number of parking spaces, (c) minimum setback adjacent to an arterial highway, and (d) minimum setback adjacent to a residential zone boundary to construct a two-unit commercial retail bu+lding on a rectangularly-shaped, 0.42-acre property located at the northeast corner of State College Boulevard and South Street, and does herebyapprovethe Negative Declaration upon finding that the declaration reflects #he independent judgment of the lead agency and that it has considered the 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 wil! have a significant effect on the environment. ' NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, 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. Thaf no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a separate conditional use permit is approved by the Planning Commission. 2. That no video, e(ectronic or other amusement devices shall be permitted on the premises. 3. That all public phones shall be located inside the building. 4. That all trash generated from this commercial retail center shall be properly contained in frash bins located within approved trash enclosures. 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 shaR 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. 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 dead. 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. 8. That 4-foot-high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof materiaf. The numbers shail not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 9. That there shall be no outdoor storage permitted on the premises. 10. That roof-mounted equipment shall be screened from view in accordance with the requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone. Said information shall be specifically shown on plans submitted for bui(ding permits. 11. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 12. That the number of tenant spaces for this building shall be limited to two (2). Said information shall be specifically shown on plans submitted for building permits. 13. That landscape improvements along State College Boulevard shall be consistent with the State College Corridor Master Plan, Said information shall be specifically shown on plans submitted for buiiding permits. -3- PC2004-62 ~ • 94. That final sign plans for the monument and waU signs shall be submitted to the Zoning Division for review and approval. Said plans shali incorporate the stone treatment identical to the treatment utilized on the commercial buifding, an 18-inch high base including 9-inch high address letters, and a decorative cornice treatment along the full length of the monument sign. The final sign plans shall reflect the location of any monument sign outside the sight-distance triangle at the intersection of South Street and State College Boulevard. Any decision made by staff regarding said sign plans may be appealed to the Planning Commission as a"Reports and Recommendation° item. 15. That plans submitted for building permits'shall reflect a decorative smooth pavement treatment at the driveway entrances on South Street and State College Boulevard. 16. That final landscape plans shall be submitted to the Zoning Division of the Planning Department for review and approval inciuding the following: , • Plans shall indicate three (3) foot wide triangular planters (a total of eight (8}} along the east property line wall to accommodate small shrubs and vines to effectively screen the proposed block wall. Adequate spacing shall be maintained at the base of the wall to direct vines to grow ` on the exterior (alley-facing) surface of the wall. • Plans shall reflect clinging vines planted three (3) foot on center adjacent to the trash enclosure. • Plans shall reflect the incorporation of 15-gallorr shrubs within the proposed planfer area along , the north elevation of the building. • All on site landscaping, including trees, shall be consistent with the State College Corridor Master : Plan. • A minimum of ten (10) trees adjacent to State College Boulevard and five (5) adjacent to South Street within the required landscape setbacks. All trees shall be a minimum of 24-inch box in size. Any decision made by staff regarding said final landscape plans may be appealed to the Planning Commission as a"Reports and Recommendations" item. 17. That all backflow equipment shall be located above ground and outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. 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 Control Inspector. 18. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim Municipal Code No. 5349 regarding water conservation. Said information shall be specifically shown on plans submitted for building permits. 19. That all existing water services and fire lines shall conform to current Water Service Standards Specifications. Any water service or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 20. That all requests for new water services or fire 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, 21. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets'and Sanitation Division and in accordance with approved pfans on file with said -4- ' PC2004-62 ! • Department. Said storage areas shall be designed, located and screened so as not to be readily identifiabieYrom adjacent streets or: highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shal! be specifically shown on the plans submitted for building permits: 22. That a plan sheet for solid waste storage and collection and a plan for recyciing shali be submitted to the Public Works Department, Streets and Sanitation Division for review and approvaL 23. That an on-site trash truck turn-around area shali be provided per 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 plans submitted for building permits. 24. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval ' in conformance with the current version of Engineering Standard Plan Nos. 436 and 4601/602 pertaining to parking standards and driveway location. Su6ject property shall thereupon be developed and maintained in conformance with said plans. - 25. That no required parking area should be fenced in or otherwise enclosed for outdoor storage uses. 26. That aU driveways shall be constructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Standard Na 137. Said i~formation shall be specifically shown on plans submitted for building permits. 27. That the legal owner of subject property shall provide the City of Anaheim a public utilities easement along/across primary cable underground and around the pad-mounted transformers, switches, capacitors, etc. Said easement shall be submitted to the City of Anaheim prior to connection of ~ electrical service. 28. That any required relocation of City electrical facilities will be at the property owner's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be outside the easement area of the equipment. Said information shall be specifically shown on plans submitted for building permits. 29. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department _ Developmenf Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero " discharge" areas, and conserving natural areas. • Incorporafes the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entiry that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 30. That prior to issuance of certifcate of occupancy, the applicant shall: • Demonstrate that all structuraf BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structurat BMPs described in the Project WQMP _ • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. -5- PC2004-62 i .• • Submit for review and approval by the City an Operation and Maintenance Plan for all structural ' BMPs, 31. That the petitioner shall prepare a cost estimate and make a cash payment in an amount determined by the City Engineer in lieu of the street improvements required along State CollegeBoulevard and South Street. The dedication of additional right-of-way shall still be required with building setbacks measured from the ultimate right-of-way. : : 32. That the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 45 feet in width,from the centerline of South Street and a corner cut-off at State College Boulevard for street widening purposes. 33. That the City of Anaheim Drainage Impact Mitigation Fee for the Stadium Area shall be paid prior to approval of the grading plan. The fee is currently $ 20,600 /acre. Credit will be applied for the current development. The project architect or engineer must document the.existing impervious area and the proposed impervious area. If the impervious area remains the same or decreases, no fee is due. lf the impervious area increases, the fee will be proportional to the increase. - 34. That a lot line adjustmenf shall be submitted to merge the existing parcels into one legal lot: 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 building permit. 35. That the storm drains and sanitary sewers for this development shall be privately maintained. 36. That final elevation plans shall be submitted to the Zoning Division for review and approval by Planning ' Commission as a Reports and Recommendations item. Said plans shall incorporate the ledge stone treatment along the north, east and south building elevations. 37. That the property owner shall submit a letter requesting termination of Conditional Use Permit No: 868 (to establish an automobile service station within 75' of a residential zone) to the Zoning Division. 38. 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 and 2, and as conditioned herein. 39. That lighting fixtures in any proposed parking area located adjacent to any residential property shall be down-lighted with a maximum height of twelve (12)feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area (a) and shall be so-specified on the plans submitted for building permits. 40. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and, further, such information . shall be specificaAy shown on the plans submitted for building permits. . 41. That prior to issuance of a building permit for the first tenant space, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 8, 10, 12, 13, 14, 15, 16, 17, 18, 29, 22, 23, 24, 26, 28, 29, 31, 32, 33, 34, 36, 37, 39 and 40 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. 42. That prior to final building and zoning inspections, Condition No. 30 and 38, above-mentioned, shall be complied with. 43. 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 -6- PC2004-62 ' ~' ~ regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, ~egulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find . and determine fhat adoption of this Resotution 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 Resotution, ; and any approvals herein contained, shaU be deemed null and void: THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 2, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions - General" of the Anaheim Municipal Code pertainin to appeal procedures and may be` replaced by a City Council Resolution in the evenf of an appeaC HAIRPERSON, ANAHEIM' CITY PLANN NG GOMMISSION ATTEST:. ~~- _... _ ' SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) ~ COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) l, 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 June 2, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~iJ v`2 ~ 2004. ~~w.....~-•-- I SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION .