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Resolution-PC 2005-146• • RESOLUTION NO. PC2005-146 A RESOLUTION OF THE'ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05030 BE GRANTED ' (1500 SOUTH STATE COLCEGEBOULEVARD) WHEREAS, the AnaheimPlanning 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 THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION24, TOWNSHIP 4 SOUTH, RANGE 10 WEST, 1N ' THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED JN BOOK 51, PAGE 7, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY`OF THE NORTHERLY LINE OF THE SOUTHERN PACIFIC COMPANY'S RIGHT OF WAY (TUSTIN RANCH), AS SAID RIGHT OF ; WAY IS DESCRIBED FIRST IN DEED DATED MAY 28, 1889 FROM PACIFJC ' IMPROVEMENT COMPANY TO SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED JUNE27, 1889 `IN BOOK 570, PAGE 288, OF pEEDS, IN THE OFFICE' OF THE COUNTY RECORDER OF THE COUNTY OF LOS ANGELES.' WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 3, 2005 at 2:30 p.m., notice of said public hearing having been' duly given as required by law and in accordance with the provisions of the Anaheim Municipa{ Code, Chapter ' 18.66.040.030, 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 behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That accessory retail sales in conjunction with a plant nursery is a proper accessory use for which a conditional use permit is authorized by the Zoning Code; and 2. ?hat the proposed accessory retail sales in conjunction with a plant nursery would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located since the site is located along State College Boulevard surrounded by industrial uses in an area typically known as "Tile Mile", where retail sale of tile and floor coverings sales are clearly incidental to the warehousing' andlor wholesale distribution is permitted. The wholesale plant nursery with accessory retail sales would be consistent with, and complement the surrounding land uses in the area, operating in a similar fashion to existing surrounding land uses; and 3. That the size and shape of the site is adequate to allow full development of accessory retail sales of plants and pottery in conjunction with a plant nursery in a manner not detrimental to the particular area nor to the health and safety of the citizens of Anaheim, as the site would provide forthe minimum code- required parking, setbacks, and screening; and 4. That the traffic generated by the proposed use will not, under the conditions imposed, : impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the site is located within an industrial area at the intersection of finro arterial highways: The proposed use would not generate a significant number of trips when compared to surrounding industrial complexes and therefore, would not create an increased demand on the streets and highways in the vicinity; and 5. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the particular"area and surrounding land uses, nor to the public health and safety as the site Cr\PC2005-146 -1- PC2005-146 • • would be substantially improved and would have full vehicle access and on-site parking. As conditioned, the minimum code requirements for landscaping setbacks, and parking would be provided on site to ensure the safe and clean operation of the facility in a manner not detrimental to'the area or surrounding land uses: and 6. 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 Department has determined that the proposed project falls within the'definition of Categorical Exemptions, Section 15303, Class'3 (New Construction or Conversion of Small Structures), as defined in the State CEQA Guidelines and is, therefore, exempt from thexequirement to prepare additional environmental documehtation. 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 : "' health and safety of the Citizens of the City of Anaheim: 1. That all sales transactions shall take place within the enclosed building on site. 2. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 3. 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. ' 4. That outdoor storage except for pfants, pottery, and fountains, shall be in accordance with the requirements of Anaheim Municipal Code Section 18.38.200 pertaining to outdoor storage. 5. That 4-foot high street address numbers shall be displayed on the roof of the modular building in a color that contrasts with the roof material. The numbers shall not be visibte from the streets or adjacent properties. Said information shall be specifically shown on plans submitted #or building permits. 6. 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. 7. That a maximum of one monument or freestanding sign shall be permitted. The design, size, and placement of wall and monument signage shall be in accordance with the requirements of Anaheim ' Municipal Code Section 18.44.080, 18.44.090, and 18.44.110 pertaining to monument signs and wall signs. Final sign plans shall be submitted to the Planning Services Division for review and approval as to placement, design andmaterials. Any decision by staff may be appealed.to the Planning Commission as a"Reports and Recommendations" item. 8. That a landscape and irrigation plan for the property shall be submitted to the Planning Services Division #or review and approval identifying the size, type and locafion of all proposed plantings as required by Code. Plans shall reflect the following: • The addition of forty-five (45) 24-inch box sized Tabebuia avellanedae trees within the front setback on Cerritos Avenue and ten (10) 24-inch box sized evergreen #rees within the front setback along State College Boulevard. : • The addition of three (3) 24-inch box sized evergreen trees distributed throughout the parking area Any decision by City staff may be appealed to the Planning Commission as a"Reports and Recommendations" item. ' -2= _- PC2005-146 _ • i 9. That a final screening and fencing plan for the property shall be submitted to the Planning Services Division for review and approvaL Said information shall be'specifically shown on plans submitted for P{anning Services Division approvaL Plans shall reflect the following: • That the storage areas (for tools, equipment, and other related items) shall be ' surrounded on all sides by a substantial solid and/or opaque fence or wall at least six (6) feet in height as set forth in Section 18:46.110 (Screening, Fences, WaIIs and Hedges). The design and the materials used for the fence or wall shall comply with the provision of Section 18:40.150 (Structural'Setbacks and Yards) of Chapter 18.40,(General ' Development Standards) unless provided otherwise in this section. • That outdoor storage shall not be located in any required setback area and confined to the areas identified on the approved site plan (Exhibit No. 1). • That all gates for access to the property shall swing inwardly or slide sideways and shall be kept closed when nof in use except that the gate may be kept open during business hours provided on-site storage cannot be seen from adjacentpub{ic streets. The gates shall be subject to approval by the City Traffic and Transportation Manager. • That the proposed six (6) foot high wrought iron #ence sha{I be decorative and located outside of the minimum landscapesetback: • That the proposed chain link fencing abutting the railroad right-of-way shall be entirely interwoven with PVC or simulated wood slats and view-screened with fast-growing vines and/or shrubbery. : 10. 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. Said information shall be specificaUy shown on plans submitted for the Public Utilities Department, Water Engineering Division approval. 11. 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 the Anaheim;Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 12. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works Department, Development 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. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and descrbes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. ~ 13. That prior to issuance of a certificate of occupancy, the applicant sha1L• • Demonstrate that all structural 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-structural BMPs described in Project WQMP. -3- PC2005-146 • i '• Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. " 14. That the petitioner shall submit grading plans to thePublic Works Department to improve State College Boulevard and Cerritos Avenue per Public Works Stendard Detail No. 160-A. In addition, a five (5) foot parkway landscaping strip and five (5) foot sidewalk shall be constructed with parkway irrigation connected to the on-site irrigation system and maintained by the property owner. A bond for therequired improvements shall be posted in an amounfapproved by the City Engineer and a fiorm approved by the City Attorney prior to issuance of a building permit. A Right of Way '`Construction Permit shall be obtained from the Devetopment Services Division for all work performed in the right-of-way. These improvements shall be constructed prior to final building and zoning inspections. 15. That the applicant shall use best efforts to assist the City in working with Southern California Edison to acquire an irrevocable offer to dedicate to the City of Anaheim a corner cut-off easement atState College Boulevard and CerritosAvenue for road, public utilities and other public purposes. 16. That a new driveway approach, curb, gutter„parkway landscaping and sidewalk shall be constructed in conformance with Public Works Standard Detail No. 115-B. Said information shall be specifically shown on plans submitted for building permits. 17. That a sidewalk access ramp with truncated domes shall be constructed at the corner of State College Boulevard and Cerritos Avenue in conformance with Public Works Standard Detail No. 111- 2. Said information shall be specifically shown ori plans submitted for building permits. 18. That gates shall not be installed across any driveway in a manner which may adversely affect _ vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to thereview and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for ` building permits. 19. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications, and cable devices, etc., shalf be shown on plans submitted for building permits. Plans shall also identify#he specificscreening treatments of each devices (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). 20. That plans shall be submitted to the Traific and Transportation Manager and the Planning Services Division for review and approval in conformance with the current version of Engineering Standard ' Plan Nos. 436 and 470 pertaining to parking standards and driveway location. Subjectproperty shall there upon be developed and maintained in conformance with said plans. 21. That an on-site trash truck turn around area be proVided per Engineering Standard Detail No. 476 and as required by the Public Works Department, Streets and Sanifation Division. Said information shall be specifically shown on plans submitted for building permits. 22. That trash storage areas shall be provided and maintained in a location not within the minimum setback area and acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shali be designed, located and screened so as not to be readily identifiable from adjacent streets. 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 shall be _ specifically shown on the plans submitted for building permits. -4- PC2005-146 _ ~ . 23. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and grounds continuous to buildings shall be provided withlighting of sufficient wattage to provide adequate illumination to make clearly,visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for afl persons, property, and vehicles on-site. Said information shall be specifically shown on'plans submitted for Police Department, Community Services Division approvaL 24. Thaf "No Trespassing 602(k) P.C." signs be posted at the entrances of parkingloUstructure and be located irr other appropriate places. Signs must be at least two (2) feet by one (1) foot in overall size with white background and black two (2) inch lettering. 25. That the entrance to the parking area shall post appropriate signs per 22658(a) C:V.C, to assist in removal of vehicles at the property owners/managers request. 26. That an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form to the AnaheimPolice Department. 27. That final elevation plans for the proposed modular building incorporating architectural enhancements on the north, east, and west elevations facing State College Boulevard and Cerritos - Avenue shall be submitted to the Planning Services Division for review and approvaL Any decision bystaff may be'appealed to the Planning Commission as a"Reports and'Recommendations" item. 28. That the subject property shaN be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department Exhibit No. 1 and as conditioned herein. 29. Thaf 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. 5, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 27 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. 30. That prior to final building and zoning inspections, Condition Nos. 13, 14, 24; 25, and 26 above mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted I accordance with Section No. 18.60.170 of the Anaheim Municipal Code. 31. 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. Approval does not include any action or findings as to compliance or approval of the request regarding any other ordinance, regulation or requirement. BE IT FURTHER 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 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. BE IT FURTHER RESOLVED that the applicant 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 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 the Planning Commission meeting of ; October 3, 2005. Said resolution is subject to 4he appeal provisions set forth' in Chapter 18.60, "Zoning Provisions - GeneraP' of the Anaheim Municipal Code pertaining to I proced res may be replaced by a City Council Resolution in the event of an appeaL ~--- ' __._::. AIRM , ANAHEIM PLANN{NG COMMISSlON AT7EST: ,~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. ' CITY OF ANAHEIM' ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby,certify ; that the foregoing resolution was passed and adopted at a meeting of'#he Anaheim Planning Commission held on October 3, 2005, by the following vote of the members thereof: AYES: ' COMMISSIONERS: BUFFA, EASTMAN; FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ NOES: COMMISSIONERS`. NONE ' ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~7 r~ day of N- vtM bcr , 2oos. ~ j~'?~'`~~ _ SENIOR SECRETARY, ANAHEIM PLANNING COMMfSSION