Resolution-PC 2005-153~ ~
RESOLUTION N0. PC2005-153
A RESOLUTION OF THE ANAHEIM PLANNING' COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0,2005-05038 BE GRANTED ,
WHEREAS, 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:
THE WEST 200 FEET OF THE EAST 440 FEET OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHOSAN JUAN CAJON DE SANTAANA, IN THE CITY _
OFANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIAAS PER MAPRECORDED IN
BOOK 51, PAGE 10 OF MISCECLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID'COUNTY.
EXCEPT THE NORTH 410 FEET THEREOF.
ALSO EXCEPTTHEREFROM THAT PORTION SET FORTH IN'THE FINAL ORDER OF
CONDEMNATION W FAVOR OF THE CITY OF ANAHEIM, RECORDED JANUARY 12, 1998 AS
INSTRUMENT N0. 19980015342; OFFICIAL RECORDS'OF SAID COUNTY
RESERVING THEREFROM UNTO THE CITY OFANAHEIM THE RIGHT,TO CONSTRUCT PUBLIC
IMPROVEMENTS, INCLUDING ROAD, PUBLIC UTILITY, SIDEWALK; AND LANDSCAPE "
IMPROVEMENTS W CONSORT WITH THE ANAHEIM RESORT SPECIFIC PLAN, OVER, UNDER
AND ABOVE A 19-FOOT-WIDE STRIP OF LAND, THE SOUTHERLY LINE OF SAID 19-FOOT-
WIDE STRIP BEING THE SAME AS THE NORTHERLY LINE OF SAID FINAL ORDER OF
CONDEMNATION.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on November 14, 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 Municipal Code, Chapter 18.60, 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 the proposed request to construct a 5,040 square-foot temporary sales trailer for a
previously-approved timeshare resort is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.116.070.050.0529 with the following waivers:
(a) SECTION NO. 18.116.100.030 - Location of parkinq areas (No parking
shall be located between the right-of-way
and the building; Parkingproposed)
(b) SECTION NO. 18.116.110.090 Required improvement of parkinq areas
(Trees required for every 5 spaces; 5
trees proposed in one planter)
2. That waiver (a) pertaining to location of parking areas is hereby approved based on special
circumstances applicable to the property relating to the ultimate use of the site for a utility substation and the
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resulting limitations on the development of the site in the interim. The parking area will be screened by the
heavy landscaping proposed along Katella Avenue. In addition, the sales trailer has air conditioning
equipment along the back side that should be shielded as much as possible from public view. Further, strict
application of the zoning code would result in a less desirable condition due to the nature of the building
proposed for the interim use.
3. - That waiver (b) pertainingto required improVement of parking areas is hereby approved
based on the finding that the proposed use in an interim use for up to two years and adequatelandscaping is
provided elsewhere on the site. There are special circumstances that apply to the property in that it is
Ultimately to be developed with an institutional use which imposesJimitations on the development of the
property. Given that the proposed ]andscaping meets the intent of the code requirement by providing the
trees required and significant landscaping in the`ultimate right-of-way for a significant duration of the use,
strict application of the code would require an additional burden on the proposed development of the site.,
4.' That the proposed temporary sales trailer will not adversely affect the adjoining land uses or ,
the.growth and development of the area.
5. That the size and shape of the site is adequate to allow the full development of the proposed
use in a manner not detrimental to the particular area or to the health and safety.
6. That the traffic generated by the 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 use is an appropriate interim use of the property and will be properly
developed to be compatible with the Anaheim Resort.
8. That no one indicated their presence at said public hearing in opposition; and that no
correspondencewas received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Planning Commission
has determined that the proposed project's environmental effects are within the parameters and assumptions
analyzed in the previously-certified Environmental Impact Report No. 313 for the Anaheim Resort Specific
Plan. Furthermore, based upon a review of the requested conditional use permit and associated waivers,
and the supporting documentation, Commission has determined that said request will not result in any new
significant environmental impacts and any impacts will be addressed by Mitigation Monitoring Plan No. 071
for the proposed project incorporating those mitigation measures included in the Anaheim Resort Mitigation
Monitoring Program No. 0085 that are applicable to the project.
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 this permit shall expire in two (2) years on November 14, 2007.
2. That this permit is contingent on the approval and execution of a lease agreement with the City of
Anaheim including provisions for the improvement of the public right-of-way on Katella Avenue to its
ultimate condition.
3. That any public phones shall be Iocated inside the building.
4. That adequate fighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
grounds contiguous to buildings shall be provided with lighting 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 all persons, property, and
vehicles on-site."Saidlighting shall be directed, positioned and shielded in such a manner so as not to '
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unreasonably iiluminate adjacent properties. Light fixtures shall be decorative. Said information shall
be specifically shown on plans submitted for Police Department, Community 8ervices Division
approvaL :
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 materiaL The numbers shall 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 permifted on the premises.
10. That roof-mounted equipment shall be screened from view in accordance with the requirements of
Anaheim Municipal Code Section 18.116.070,110.1108 pertaining to the Anaheim Resort Specific Plan
(SP92-2): Said information shall be specifically shown on plans submitted for building 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 all backflow equipment shall be located above ground and outside of the street setback area in a
manner fully screened from all public streets. Anybackflow assemblies currently insfalled 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 aU public streets and alleys. Said information shall be
` specificallyshown on plans and approved by the Water Engineering Department.
13. That all requests for new water services or fire lines, aswell as any modifications, relocations, or
abandonments'of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department '
14. 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.
;-~ 15. That if the proposed water meter is larger than a two-inch meter, the legal property owner shall
irrevocably offer to dedicate to the City of Anaheim, Water Engineering Division) an easement twenty
(20) feet in width for water service mains and/or an easement for large meters and other public water
facilities.
16. 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. '
• Incarporates 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.
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• Identifies the entity that will be responsi6le 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.
17. That prior to issuance of a certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project WQMP have been
constructed and installed in conformance with approved plans and specifications.
• bemonstrate that the applicant is prepared to implement all,non-structural BMPs
' described in the Project WQMP
• 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. _ _
18. That the City of Anaheim Sewer Impact Mitigation fee for the South Central Area shall be paid prior to
approval of the grading plan.
19. That prior to grading plan approval, the applicant shal9 submit a Drainage Study prepared by a
registered professional Civil Engineer in the State of California. The Study shall be based upon and
reference the latest edition of the Orange County Hydrology Manual and the applicable City of
~ Anaheim Master Flan of Drainage for the project area. All drainage sub-area boundaries per the
`Master Plan for Drainage shall be maintained.. The Study shall include: an analysis of 10-, 25- and 100-
year storm frequencies; an analysis of all drainage impacts to the existing storm drain system based
upon the ultimate project build-out condition; and address whether off-site and/ or on-site drainage
improvements (such as detention/ retention basins or surface runoff reduction) will be required to
prevent downstream properties from becoming flooded.
20. That the developer shall submit street improvement plans to the Public Works Department, Subdivision
Section and a bond shall be posted to guarantee that the east side of Zeyn Street is improved per the
Anaheim Resort Specific Plan prior to issuance of a building permit. The improvements shall be`
constructed prior to Fnal building and zoning inspections.
21. That the City of Anaheim Drainage Impact Mitigation Fee for the South Central Area shall be paid prior
to approval of the grading plan. The fee is currently $24,953 an 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. If the impervious area increases, the fee will be proportiona{ to the increase.
22. 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., shall,be shown on
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).
23. That any required relocation of City electrical facilities shall be at the developer's expense. '
24. That plans shall be submitted to the Traffic and Transportation manager for his review and approval
showing conformance with Engineering Standard No. 115 pertaining to sight distance visibility for the
wall/fence location.
25. That the property owner/developer shall provide the City of Anaheim with a public utilities easement to
be determined as electrical design is completed.
26. That plans shall be submitted to 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. Subject property shall thereupon be developed and
maintained in conformance with said plans. -
27. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approvaL
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28. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department 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 from adjacent sfreets 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 shall be specifically shown on the plans submitted for building
permits:
29. That an EmergencyListing Card, Form ADP-281 shall be submitted in a completed form to the
Anaheim Police Department.
30. That the crushed rock shown around the building within the 10-foot landscaped setback along the
north property line shall be replaced with landscaping as required by Code. Said information shall be '
specifically shown on plans submitted for building permits.
31. That the subject property shall be developed substantialiy in accordance with#he plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department Exhibit Nos. 1 through 7, and as conditioned herein.
> 32. 7hat prior to issuance of a building permit, or within a period of one (1 } year from the date of this
resolution, whichever occurs first, Condifion Nos. 4, 8, 10, 12, 14, 1520, 22, 24, 25, 26, 27, 28, and 30
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.
33. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 16, 18, 19 and 21 shall be complied with. Extensions
- for further #ime to complete said conditions may be granted in accordance with Section 18.60:170 of
the Anaheim Municipal Code.
34. That prior to final building and zoning inspections, Condition Nos. 17, 29 and 31, 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.
35. That approval ofthis 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
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, sha{I be deemed nul! 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 #he 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. :
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 14, 2005. Said resolution is subject to the appeal provisions set'forth in Chapter98.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining t pe ced es a ay be replaced
by a City Council Resolution in the event of an appeaL '
CHAIRMAN, ANA EIM PLANNING COMMISSION
ATTEST:
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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 waspassed and adopted at a meeting of the Anaheim Planning Commission
held on November 14, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA, KARAKI
iN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
~ o ~evv~ ~tr , 2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION '