Resolution-PC 2005-26~ ~ :
RESOLUTION NO. PC2005-26
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2004-04938 BE GRANTED
_ (420 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, the Anaheim P,lanning Commission did receive averified Petition for Conditionai
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
` described as:
LOT 1 OF TRACTNO. 3288,'AS SHOWN ON'A MAP RECORDED IN BOOK 104, PAGES
14 AND 15 OF MISCELLANEOUS MAPS,' RECORDS' OF ORANGE COUNTY,
CAU FORN IA:
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on February 7, 2005, at 2:00 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
"Procedures", 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 petitioner requests approval of a conditional use permit under authority of Code :
Section 18.08.030.040.0402 to construct a four (4)-unit commercial/retail center with waiver of minimum
number'of signs (DELETED).
2. That the proposed commercial retail buifding as conditioned herein would not adversely
affect the adjoining land uses and the growth and development of the area in which it is proposed to be
located. :
3. That the size and shape of the site is adequate to allow full development of the proposal in a
manner not detrimental to the particular area nor to the health and safety as the project complies with all the
site development standards of the zone.
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
because the design of the commercial retail center provide adequate access from State College Boulevard
and Westport Drive.
5. That granting this conditional use permit will not, under the conditions imposed, be
detrimentaf to the heafth and safety of the citizens of the City of Anaheim and will provide an additional outlet
for the purchase of goods and services.
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: That the Anaheim Planning
Commission has reviewed the proposal to permit a four-unit commercial retail building 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 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 will have a significant effect on the
environment.
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NOW, THEREFORE, BE IT RESOL:VED 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 no convenience markefs 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, electronic or other amusement devices shall be permitted on the premises.
3. That ali public phones shall be located inside the building. .
4. That all trash generated from this commercial retail center shaU 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 #he 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 #he event
that it is removed, damaged; diseased and/or dead.
6. That no roof-mounted balfoons 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 permitted on the premises.
10. That the property owner shall submit a letter to the Planning Services Division requesting termination
of Conditional Use Permit No. 4097 (to retain an automotive repair facility).
11. That roof-mounted equipment shall be screened from view in accordance with the requirements of
Anaheim Municipal Code Section 18.38.170 pertaining to the CG (General Commercial) Zone. Said
information shall be specifically shown on plans submitted for building permits.
12. 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.
13. That the number of tenant spaces for this commercial retail center shall be limited to four (4). Said
information shall be specifically shown on plans submitted for building permits.
14. That the design, size, and placement of the wall signage and monument signage shall be limited to
that which is shown on the exhibits submitted by the petitioner and approved by the Planning
Commission. Final sign plans shall be submitted to the Planning Services Division for review and
approval as to placement, design and materials. Any decision by staff may be appealed to the
Planning Commission as a"Reports and Recommendations" item.
15. 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 mannerfully screened from all public streets and alleys. Said information shall be
specifically shown on plans and approved by the Water Engineering Department.
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16: That all requests for new water services or fire lines, as well 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.
17. 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. ,
18. That all existing water services and fire lines shall conform to current Water Service Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use if necessary or abandoned if the existing water service is no longer needed.
The ownerldeveloper shall be responsible for the costs to upgrade or to abandon any water service of
fire line:
19. 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 describes the mechanism for funding the long-term operation and
maintenance of the Treatment Control BMPs.
20. 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.
• Demonstrate 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 Maintenace Plan for all structural
BMPs.
21. That the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for a
corner cut-off, road, public utilities and other public purposes.
22. That the developer shall submit a cash payment in an amount determined by the City Engineer
sufficient to pay for the required street widening, including a new handicapped access ramp and street
light, traffic signal and catch basin relocation along State College Boulevard.
23. That gates shall not be installed across any driveway or private street 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 the review and approval of the City Traffic
and Transportation Manager. Said information shall be specifically shown on plans submitted for -
building permits.
24.
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 shal4 also identify the specific'screening #reatments of each
device (i.e.1andscape screening, color of'walls, materials, identifiers, access points, etc.).
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25. That any required relocation of City electrical facilities shail be at the developer's expense.
26: That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
27. That plans shail'be submitted to the Traffic and Transportation manager for his review and approval '
showing conformance with Engineering Standard Na 115 pertaining to sight distance visibility for the
monument sign and wall/fence location.
28. 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 470
pertaining to parking standards and driveway location. Subject property shall thereupon be developed
'and maintained in conformance with said plans.
29. That the driveway on State College Boulevard shall be reconstructed to accommodate ten (10) foot
radius curb returns in conformance with Engineering Department Standard No: 115. Said information
shall be specifical{y shown on plans submitted for building permits.
30. That an on-site trash truck turn around area be provided per Engineering Standard Detail No. 476 and
as xequired by the Maintenance Divisions. Said information shall be specifically shown on plans
submitted for building permits.
31. 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
32. 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 streets or
highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of
plant materials sucn as minimum one-gailon 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.
33. That the project shall provide for truck deliver'ses on-site. Such information shall be specifically shown
on plans submitted for building permits.
34. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
grounds contiguous to buildings shafl 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. Said information shall be specifically shown on plans submitted for Police
Department, Community Services Division approvaL
35. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed
form to the Anaheim Police Department.
36. That final elevation plans incorporating additional ledge stone treatment and/or other architectural
enhancements and trellis structures with clinging vines and smaller windows for the west elevation
facing State College Boulevard shall be submitted to the Planning Services Division. Said plans shall
be designed to preclude the visibility of interior storage for the individual tenants from State College
Bouievard. Any decision by staff may be appealed to the Pfanning Commission as a"Reports and
Recommendations" item.
37. That a final landscape plan shall be submitted to the Planning Services Division for review and
approval. Said plans shall specify minimum 24-inch box sized trees and incorporate broadheaded
trees on maximum twenty (20) foot centers adjacent to the east.property line. Any decision by staff
may be appealed to the Planning Commission as a"Reports and Recommendations" item.
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38. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which pians are on file with the
' Planning Department Exhibit Nos. 1 through 7 and as condi4ioned herein, except that final sign plans
shall reflect a letter height of 20 inches for the wall signs.
39. That prior #o issuance of a building permit, or within a period of one (1) year from the date of this
resolutlon, whichever occurs first, Condition Nos. 8, 1 Q 11, 13, 15, 17, 21, 22, 24, 27, 28, 29, 30, 31,
32, 33, 34, 36, and 37 above menfioned, shalf 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.
40. 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 No. 19 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.
41. That prior to final building and zoning inspections, Condition Nos. 20, 35, and 38, 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.
42. 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 :
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 the 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 7 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 or :
February 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City
Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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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 the Anaheim Planning Commission
held on` February 7, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS` BUFFA, EASTMAN, FLORES, PEREZ, VELASQUEZ
' NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, 4 have hereunto set rriy hand this y~ _ day of
L , Zoos.
,~,~!~,G ~~22~r~-`'-`'
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION