Resolution-PC 2005-141• ~ '
RESOLUTION NO; PC2005-141
A RESpLUTION OF THE ANAH~IM PLANNINGCOMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05023 BE GRANTED
(1100 -1108 WEST LiNCOLN AVENUE = AREA 2)
VVHEREAS, 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:
THAT PORTION OF LOTS 1, 2, 3, 4,5, AND 6 OF THAT MAP ENTI7LED "VlLLA PLACE
ADDITION", RECORDED IN BOC)K 6, PAGE 8 OF MISCELLANEOUS MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LYING
SOUTHERLY AND WESTERLY OF THE FCOLLOWING DESCRIBED LINE;
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID'LOT 6, SAID POINT BEING
NORTH 15° 34' 13" WEST 126:31 FEET DISTANT FROM THE SOUTHWEST CORNER OF
SAtD LOT 6, SAID POINT ALSO BEING SOUTH 15° 34' 13" EAST' 12.60 FEET DISTANT
fROM THE INTERSECT(ON SAID WESTERLY LINE WITH THE SOUTHERLY LINE OF
THAT PARCEL OF LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION TO
THE STATE OF CALIFORNIA, AS PARCEL 200815-1, RECORDED JUNE 5, 1988,
DOCUMENT' NO. 1998-0352439, OFFICIAL RECORDS OF ORANGE COUNTY;' THENCE,
NORTH 88° 55' 19" EAST A DISTANCE OF 191.33 FEET TO A TANGENT CURVE
CONCAVE TO THE SOUTH; THENCE, LONG SAID TANGENT CURVE CONCAVE TO THE !
SOUTH WITH A RADIUS OF 1,144 FEET, THROUGH A CENTRAL ANGLE OF 2° 34' 55" AN
ARC LENGTH OF 51.55 FEET; THENCE SOUTH 88° 29' 46" EAST 83.20 FEET; THENCE,
SOUTH 42° 43' 17" EAST 4.38 FEET TO A NON-TANGENT CURVE CONCAVE TO TME
NORTHWEST; THENCE, ALONG SAID NON-TANGENT CURVE CONCAVE TO THE
NORTHWEST WITH A RADIUS OF 53 FEET, THROUGH A CENTRAL ANGLE OF 71° 22'
35" AN ARC LENGTH OF 66.02 FEET TO THE SOUTHERLY LINE OF SAID LOT 2.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on September 19, 2005, at 2:30 p.m., notice of said hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures", to hear and consider evidence for and against said proposed conditional use permit; 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 proposed residentiaUcommercial mixed use development is properly one for which
a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.32.030.040.0402.
2. That the proposed residential/commercial mixed use development as conditioned herein,
would not adversely affect the adjoining land uses and the growth and development of the area in which it is
located because the site contains adequate parking for the residential and commercial portions of the project
and separate ingress and egress and as such, reduces the potential for operational conflicts.
3. That the traffic generated by the residential/commercial mixed use development would not
impose an undue burden upon the streets and highways designed and improved to carry the traffic in the
area because no additional building area is proposed; rather a historically significant building would be
restored on the property and reused for mixed use consisting of finro residential units and ground floor
commerciaL
4. That granting of this conditional use permit, under the conditions imposed, will not be
` detrimentat to the health and safety of the citizens of fhe City of Anaheim.
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5 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 Anaheim Planning
Commission has reviewed the proposal to permit a'residenfial/commercial mixed use development and does
` hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment
of the lead "agency and that it has considered the Negative Declaration #ogether with any comments received
during thepublic review process and further finding onthe 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 that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are fiereby
found to be a necessary prerequisite to the proposed use of the subject property in order#o preserve the
' health and safety of the citizens of the City of Anaheim: '
1. That compact parking spaces shall not be permitted.
2. That due to the change in use and/or occupancy of the building, plans shall be submitted to #he
Building Division showing compliance with the minimum standards of the City of Anaheim, including
the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of
Anaheim. Said information shall be specificallyshown on plans submitted forbuilding permits.
3. That there shall be no public telephones on the premises located outside the building.
4. That plans shafl be submitted to the Planning Services Division for review and approval showing
conformance with the current versions of Engineering Standard Plan Nos. 436 and 470 pertaining to
parking standards and driveway locations. Subject property shall thereupon be developed and
maintained in conformance with said approved plan.
5. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said information shall be specifically shown on plans submitted to the Police Department,
Community Services Division for approval. '
6. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged or diseased, and/or dies.
7. That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works
Department, Streets and Sanitation Division, and in accordance with approved plans on file with said
Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable to adjacent streets or highways. The walls of the storage areas shall be protected from
graffiti opporfunities by the use of plant materials such as minimum one (1) galfon sized clinging vines
planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically
shown on plans submitted for Public Works Department, Streets and Sanitation Division approval.
8. That the property shaU be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four
(24) hours from time of occurrence.
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' 9. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
10. That if an alarm system is installed, a Burglary/Robbery Alarm Permit apptication, Form APD 516, shall
be completed and Submitted to the Police Department prior to initial alarm activation. This form is
available at the Police Departmentfront counter.
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11. That four (4) foot high rooftop address numbers shall be painted flat on the roof in contrasting color to
the rooftop material and shall not be visible from ground IeveL Said information shall be specifically
shown on plans submitted for building permits:
12. That a Fire Emergency Listing Card, Form APD-281, shall be completed and submitted to Police
Department. The form is available at the Police Department front counter.
13. That final sign plans shall be submitted tothe Planning Services`Division for review and approvaL Any
decision by City staffmay be appealed to the Planning Commission'as a"Reports and
: Recommendations" item.
14. That'final site, floor, colored elevation; and landscape plans shall be submitted to the Planning
Services Division and Community bevelopment Department for Planning Commission review and
approval as a'Reports and Recommendations" item.
15. That all backflow equipment shall be located above ground outside of the street setback area in a
rr-anner fully screened from all public streets. Any backflow assemblies currently installed in a vault`
shaU be brought up to current standards. Any otherJarge water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground Vaults or outside of the street
setback areas in a manner fully screened from all public streets and alleys. Said information shail be
shown on plans and approved by Water Engineering and Cross Connection Control Inspector before
submittal for building permits.
16. 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 Water Engineering
Division of the Anaheim Public Utilities Department. -
17. That al( existing water services and fire lines sha!! 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 no longer needed. The
ownerldeveloper shall be responsible for the costs to upgrade or to abandon any water service or fire line.
18. That prior to submitting water improvement plans, the developer shall submit a water system master
plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering review '
and approval. The master plan shall demonstrate the adequacy of the proposed on=site water system
to meet the project's water demands and fire protection requirements.
19. 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 No. 1, and as conditioned herein.
20. That approval of Conditional Use Permit No. 2005-05023 is granted subject to approval of finalization
of Reclassification No. 2005-00167, now pending.
21. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this
resolution, or within one (1) year from the date of this resolution whichever occurs first, Condition Nos.
2, 4, 5, 7, 11, 13, 14, and 15 above mentioned, shall be complied with. Extensions for further time to
complete said conditions shall be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
22. That prior to final building and zoning inspections, Condition Nos. 10, 12, 17 and 19, above mentioned
shall be complied with.
' ' 23. 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 Clty, State and Federal
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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.
BE IT FURTMER RESOLVED that the Anaheim 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 contlition; or any part #hereof, 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.
AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for `
paying all charges related to the processing of this discretionary case application within 15 days of the '
issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this
project, whichever occurs first. Failure fo pay all charges shall result in delays in the issuance of required
: permits or the revocation of the approval of this application.
THE FOREGOING RESOwT~oN was adopted at the Planning Commission` meeting of
September 19, 2005: Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal proc dures and may be replaced by a City
Council Resolution in the event of an appeal. '
~ CHAIRMAN PRO TEMPORE, A AHEIM PLANNING COMMISS~ON
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ATTEST: ~
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SENlOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA ) ;
COUNTY OF URANGE ) ss.~
CITY OF ANAHElM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certity
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on September 19, 2005, by the follow+ng vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, FLORES, KARAKl, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
N~vem ber, 2oos.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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