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Resolution-PC 2004-65~\ ,. ~ RESOLUTION NO. PC2004-65 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITlONS OF APPROVAL OF RESOLUTION NO. PC2003-154 ADOPTED IN CONNECTION W ITH CONDITIONAL USE PERMIT NO. 2003-04791 (1126 SOUTH ANAHEIM BOULEVARD) WHEREAS, on November 17, 2003, the Anaheim Cify Planning Commission did, by Resolution No. PC2003-154, grant Conditional Use Permit No. 2003-04791 to establish a commercial retaii center with the addition of a third retail tenant space to an existing commercial building. WHEREAS, Resolution No. PC2003-154, adopted in connection with subject use permit includes the following conditions of approvaL - 29. That the number of tenant spaces in this commercial retail center shall be limited to three` (3}: Said information shall be specifically shown on the plans submitted for building permits. 34. That subject propertyshall 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, the petitioner has requested to amend said conditions of approval and amend exhibits to subdivide a previously-approved tenant space into two tenant spaces (for a total of four) wifhin a previously-approved commercial retail center. WHEREAS, this property is currently developed with two buildings (one building occupied by Shoe City and one building occupied by Hahm Motorsports), the underlying zoning is CL (SABC) (Commercial, Limited; South Anaheim Boulevard Corridor Overlay); the Anaheim General Plan designates this property for General Commercial land uses; and this property is located within the Commercial/Industrial Redevelopment Project Area (South Anaheim Boulevard Area), which designates the site for Regional Commercial land uses; and is situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL. A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF LOS ANGELES COUNTY MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE 1NTERSECTION OF THE WESTERLY LINE OF SAID LOT 25 WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO. 2757, AS SHOWN ON A MAP RECORDED IN BOOK 108, PAGES 28 AND 29 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 74° 27' 45" EAST PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 25 A DISTANCE OF 320.00 FEET; THENCE SOUTH 15° 32' 15" EAS7 ALONG A LINE PARALLEL WIT THE WESTERLY LINE OF SAID LOT 25,185.16 FEET; THENCE NORTH 74° 27' 45" EAST, 192.43 FEET; THENCE SOUTH 0° 05' 15" EAST 72.62 FEEl'; THENCE SOUTHWESTERLY, SOUTH 74° 27' 45" WEST, 193.09 FEET; THENCE SOUTHEASTERLY ALONG A LINE PARALLEL WITH SAID WESTERLY LINE OF SAID LOT 25 SOUTH 15° 32' 15" EAST 134.26 FEET TO THE TRUE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 14, 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; t0 CR\PC2004-065 -1- PC2004-65 ~ (TRACKINGNO, CUP2004-04851) ~ ~ 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 is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.135 to wit: to subdivide a previously-approved tenant space into two tenant spaces (for a total qf four) within a previously-approved commercial retail center. 2. That the proposed use is consistent with the Regional Commercial designation forthis site as described in the redevelopment plan for the Commercial/Industrial (South Anaheim Boulevard Area) Redevelopment Project Area: , 3. That the. proposed addition will not adversely affect the adjoining land uses and future growth and devslopment of the surrounding area in which it is located. 4. That, as conditioned herein, the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner nof detrimental to the particular area nor to the peace, health, safety and general welfare. 5. That granting 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. 6. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 7. That the proposed amendment to conditions of approval and approved exhibits, including the imposition of any additional conditions thereto, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under the conditional use permit as granted. - 8. 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: The Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 3(Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend, in its entirety, the conditions contained in Resolution No. PC2003-154 to read as follows: 1. That the petitioner shall submit a coordinated master sign program for the entire site to the Zoning Division for review and approval. Said program shall include removal of advertising for `Hahm' from the existing monument sign on Ball Road. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission as a`Reports and Recommendations' item. 2. That the petitioner shall submit a final landscape plan to the Zoning Division for review and approvaL Said plan shall include planting additional evergreen trees within the existing landscaped areas along Ball Road and Anaheim Boulevard and within interior parking areas, and shall provide sufficient planter area for the trellis structures proposed for the west building wall of the new tenant space in compliance with Code.' Said,plan shall demonstrate that the interior parking lot landsCaping and perimeter landscaping along Clifton Avenue shall be refurbished (i.e., replacing dead trees, pruning and weeding), and shall also demonstrate how pedestrians will circulate from the rear (north) -2- PC2004-65 • ~ of the retaii building to the store entrances facing Ball Road. The plan shall include details such as , sidewalklocations and directional signage: Any decision by the Zoning Division may be appealed to the Planning Commission as a`Reports and Recommendation' item. ' 3. That if additional electrical service; is required to be provided to the property, the property owner/developer shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 4. That anyrequired relocation of City electrical facilities shall be at the developer's expense. 5. That the locations for future above-ground utility devices including, but not limited to, efectrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. The plans shall also identify the specific screening treatment of each device (i:e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City departments. 6. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement along/across primary cable underground and around the'pad-mounted transformers. 7. That any required relocation of City electrical facilities shall be atthe 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 the plans submitted for building permits. 8. That plans shall be submitfed to the City Traffic and Transportation Manager for review and approval showing conformance with Engineering Standard Nos. 436 and 601/602 pertaining to parking standards and driveway location. The site shall be developed and maintained in conformance with said plans. 9. That the trash enclosure gates shall be painted and the trash storage areas shall be refurbished to comply with approved plans on fi(e with Pubiic Works department. Said information shail be specifically shown on plans submitted to the Public Works Department, Streets and Sanitation Division, for review and approvaL 10. That the property owner shall be required to implement appropriate non-structural and structural Best Management Practices ("BMPs") (which may be found online at CAMBMPhandbooks.com). The selected BMPs shal( be implemented and maintained to minimize the introduction of pollutants to the storm water drainage system. 11. That the legal property owner shall submit an application for a Lot Line Adjustment to the Public Works Departmenf, Development Services Division. The Lot Line Adjustment shall be approved by , the City Engineer and recorded in the Office of the Orange County Recorder. 12. That prior to issuance of a grading permit, the City of Anaheim Storm Drain Impact and Improvement Fee for the South Central Area shall be paid. The current fee is twenty two thousand five hundred nine dollars per net acre ($22,509/net acre). The project architect or engineer shall document the existing impervious area and the proposed impervious area. If the impervious area remains the same or : decreases, no fee is due. If the impervious area increases, the fee shall be proportional to the increase. 13. That all backflow equipment shall be located above ground and outside 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 the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted to the Water Engineering and Cross Connection Control Inspector for review and approval. -3- PC2004-65 ~ ~ 14. That all requests for new water services or fire lines, as well as any modifications relocation or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the'Anaheim Public Utilities Department. 15. That all existing waterservices and fire lines shall conform to the Current Water Services Standards Specifications. Any wafer service and/or fire line that does not meet current standards shall be upgraded if continued use is proposed and deemed necessary, or shall be 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. 16. That the petitioner shall file an emergency listing card, Form APD-281, with the Anaheim Police Department, which form is available at the Police Department front counter. 17. That prior to commencing operation of any new business at this location, a valid business license shall be obtained from the City of Anaheim Business License Division. 18. That the property shall be permanently maintained in an orderly fashion through the provision of ' regularlandscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 19. That no convenience market and/or retail sale of alcoholic beverages shall be permitted on this site unless a separate conditional use permit is submitted to and approved by the Planning Commission. 20. That no video, electronic or other amusement devices shall be permitted on the premises. 21. That any public telepfione shall be located inside a building. 22. That all trash generated from this commercial retail center shall be properly contained in trash 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 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. 23. 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. 24. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 25. That no outdoor vending machines which are visible off-site shall be permitted on the property. 26. That four (4) foot-high street address numbers shall be displayed flat on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on the plans submitted for building permits. 27. That no outdoor storage shall be permitted on the property. 28. 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 permitted roof-mounted mechanical/utility equipment in the "CL(SABC)" (Commercial, Limited - South Anaheim Boulevard Corridor) Zone. Said information shall be specifically shown on the plans submitted for building permits. 29. That the number of tenant spaces in this commercial retail center shal~ be ~imited to four (a). Said information shall be specifically shown on the plans submitted `for building permits. -4- PC2004-65 s ! 30. Thattrash storage area(s) shall be provided and maintained in location(s) acceptabie to the Pubiic - 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) shalf 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. 31. That an on-site trash truck turn-around area shall be maintained in compliance with Engineering Standard Detail No: 610 and to the satisfaction of the Public Works Department, Streets and Sanifation Division. 32. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use. 33. That the legal property owner shall submit a letter to the Zoning Division requesting termination of the following entitlements: ' _ a. Gonditional Use Permit No. 749 (permitting used car sales and new car storage; including all uses incidental, and to permit encroachment in the `PL" Parking Landscaping Zone); b. Conditional Use Permit No. 2509 (permitting an automotive dealership with waiver of minimum landscape setback); c. Conditional Use Permit No. 3772 (permitting a tour bus terminal including the storage and maintenance ofbuses and administrative offices); and d. Variance No. 2164 (waiver of maximum sign height within 300 feet of residential uses). 34. 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 Revision No. 1 to Exhibit No. 1, Revision No.1 to Exhibit No. 2, Exhibit Nos. 3 and 4, and as conditioned herein. 35. 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, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 26, 28, 29, 30, 31 and 33, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code. 36. That prior to final building and zoning inspections or prior fo commencement of the activity herein approved, whichever occurs first, Condition Nos. 16, 17 and 34, above-mentioned, shall be complied with. 37. Thaf 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 June 14, 2004. Said resolution is subject to the appeal provisions setforth in Chapter 18:03, "Zoning Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal pr ' edures and may be replaced by a City Council Resolution in the event of an appeaL AIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: , ~ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CAUFORNlA ) 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 14, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISStONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this o2.~T'~ day of ~ n , 2004. ~ , SENIOR SECRETARY, ANAHEIM CITY PLANNiNG COMMISSION