Resolution-PC 2005-79A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETI710N FOR CONDITIONAL USE PERMIT N0. 2005-04966 BE GRANTED
(2430 EAST KATELLA AVENUE)
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:
PARCEL A: PARCELS 1, 2, 3 AND 4 OF PARCEL MAP 90-232, AS SHOWN ON A MAP
FILED IN DEED BOOK 278, PAGES 7, 8, AND 9'OF PARCEL MAPS, IN THE OFFICE'OF
THE COUNTY RECORDER OF SAID COUNTY:
PARCEL B: ' AN EASEMENTFOR INGRESS AND EGRESS OVER THAT PORTION OF
PARCEL 1, AS °SHOWN ON THAT CERTAIN LOT LINE' ADJUSTMEN7 PLAT N0. 139
RECORDED NOVEMBER 1, 1985 AS JNSTRUMENT NO. 85-423458 OF OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA, INCLUDED WITHIN THE FOLLOWING
DESCRIBED LAND:
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 3, AS SHOWN ON A MAP
FILED IN BOOK 196, PAGES 8 AND 9 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 34°:-23' 42" EAST ALONG THE
SOUTHWESTERLY LINE OF : SAID PARCEL 3 AND ITS SOUTHEASTERLY
PROLONGATION, 309.49 FEET TO A POINT W THE SOUTHEASTERLY' LINE OF SAID
PARCEL 3; THENCE SOUTH 00° 00' 11" EAST 106.00 FEET; THENCE SOUTH 89° 59' 49"
WEST 67.60 FEET TO A POINT lN A LINE PARALLEL WITH AND DISTANT 51 FEET
EASTERLY FROM THE LINE COMMON TO PARCELS 1 AND 2 OF SAID PARCEL MAP
HAVING A BEARING AND DISTANCE OF NORTH 00° 00' 11" WEST 371.55 FEET; THENCE
NORTH 00° -00' 11" WEST ALONG SAID PARALLEL LINE 89.68 FEET TO A POINT IN A'
LINE PARALLEL WITH AND DISTANT SOUTHWESTERLY 32.50 FEET FROM THE
SOUTHEASTERLY PROLONGATION OF THE LINE COMMON TO SAID PARCELS 1 AND 2
HAVING A BEARING AND DISTANCE OF NORTH 34° 23' 42" WEST 147.57 FEET; THENCE
NORTH 34° 23' 42" WEST, ALONG SAID PARALLEL LINE 284.77 FEET TO A POINT W
7HE SOUTHEASTERLY LINE OF KATELLA AVENUE AS SHOWN ON SAID PARCEL MAP,
SAID POINT BEING IN THE ARC OF A CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 940.00 FEET; THENCE NORTHEASTERLY 65.01 FEET ALONG THE AREA OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 3° 5T 46" TO THE POINT OF
BEGINNINGS, AS CREATED BY THAT CERTAIN AGREEMENT FOR MUTUAL lNGRESS
AND EGRESS EXECUTED BY L.C. SMULL RECORDED OCTOBER 7, 1985 AS
INSTRUMENT NO. 85-382822, OFFICIAL RECORDS.
PARCEL C: NON-EXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS ; FOR "
PEDESTRIAN AND VEHICULAR TRAFFIC, UNDERGROUND UTILITIES, SURFACE WATER
DRAINAGE AND TEMPORARY CONSTRUCTION PURPOSES AS DEFINED AND OVER
THOSE AREAS AS DESCRIBED IN ARTICLE2 OF THE DECLARATfON OF COVENANTS,
CONDITIONS AND RESTRICTIONS RECORDED JULY 2, 1986 AS INSTRUMENT N0.
86284304, OFFICIAL RECORDS.
PARCEL D: NON-EXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS, PARKING '
UTIUTIES AND CONSTRUCTION PURPOSE AS DEFINED AND OVER THOSE AREAS AS
DESCRIBED JN ARTICLE 2 OF THE DECLARATION ESTABLISHING EASEMENTS AND _
MAINTENANCE OBUGATIONS {STADIUM TOWERS PLAZA) RECORDED DECEMBER 19,
1994 AS INSTRUMENT NO. 94-0722696, OFFICIAL RECORDS.
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 2, 2005, at 2:OOp.m:, notice of said public hearing having been duly given as
required by law and in accordance with #he provisions of the Anaheim Municipal Code, Chapter
18.66.040.030, to hear and consider evidence for and againstsaid 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 commercial retail center is properly one for which a conditional use permit
is authorized by Anaheim Municipal Code Section No. 18:08.030.040.0402:
2. Thatthe proposed commercial retail center has been designed so that it will not aversely
affect the adjoining land uses and the growth and development of the area in which it is located.
3. That the size and shape of the site for the commercial retail center is adequate to allow full _
development of the use in a manner not detrimentaf to the particular area nor to the health and safety.
4.' TMat the traffic generated by the proposed commercial retail center will not impose an undue
burden upon the streets and highways designed and improved #o carry the fraffic in the area because the site
contains adequate circulation and parking for customer vehicles entirely on the property. '
5. That granting this conditional use permit will no4, under the conditions imposed, be
detrimental to the health and safety of the citizens of the City of Anaheim.
,
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.
CAL{FORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit a commercial retail center; 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
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
safety and general welfare of the Citizens of the City of Anaheim: :
1. 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 lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby businesses. Said information shafl be specifica{ly
shown on plans submitted for building permits.
2. That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a
separate conditional use permit is approved by the Planning Commission.
3. That no video, electronic or other amusement devices shall be permitted on the premises.
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4. 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 shaU 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 CommunityPreservation Division of the Planning Department shall
determine the need for additional bins or additional pick-up. All costs for increasing the number of
bins orfrequency of pick-up shall be paid by the business owner.
5: That any tree or other landscaping planted on-site shafl be replaced in s timely manner in the event
#hat it is removed, damaged, diseased and/or dead.
6. That no roof-mounted balloons or other inflatable devices shaU be permitted on the property.
7. That no outdoor vending machines shall be permitted on the property.
8. 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.
9. ' That compact parking spaces shall not be permitted.
10. 7hat a pedestrian linkage plan and on-site improvements for a pedestrian path from Katella Avenue,
crossing the retail center property and leading to the Metro Link station (along all three properties)
shalF be reviewed and approved by the City Traffic and Transpo~tation Manager. The improvements
needed to implement the connection on the subject property shall be installed by the developer.
Said information shall be specifically shown on pfans submitted for building permits.
11. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
12. That there shall be no public telephones on the premises located outside the building.
13. 7hat plans shall be submitted to the City Traffic and Transportation Manager 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 plans.
14. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
15. That any loading and unloading of products associated with the commercial center sha11 occur on-
site only, and shall not take place in any required parking area or within the public right-of-way. A
plan shall be submitted to the Traffic and Transportation Manager for review and approval of any
proposed loading areas.
16. That all employee access/service entrance areas visible from Katella Avenue shall be properly
maintained and adequately screened from view with the use of layered landscaping, including the
use of shrubs, ground cover; and evergreen trees. Said information shall be specifically shown on '
p{ans submitted for building permits.
17. That an u~subordinated ~eciprocal access and parking agreement between the subject property and
all and the contiguous property to the south (Stadium Towers), shall be submitted and approved by
the City Attorney's Office and recorded with the Clerk's Office of the County of Orange. The
agreement shall be maintained to serve the parking needs of the property unless approval of a
parking waiver is granted.
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18. That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying
the post construction best management practices that will be used on-site to control predictable
pollutants from stormwater runoff. The WQMP shall be submitted to the Public Works Department,
DevelopmenfServices Division for review and approvaL
19. That the applicant shall demonstrate that coverage has been obtained under California's General
Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the
Notice of Intent (NOI) submitted tothe State Water Resources Controf Board,and a copy of the
subsequent notification of the issuance of a Waste Discharge identification (WDID) Number. The
applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of
the current SWPPP shatl be kept at the project site and be available for Cify review on request.
20. That a Lot Line Adjustment application shall be reviewed and approved by,the City Engineer for`the
relocation of an existing propertiy line to maintain compliance with the Subdivision Map Act, and
recorded in the Office of the Orange CountyRecorder.
21. That the existing curb ramp within the public right-of-way shall'be removed and reconstructed per
. Engineering Standard Plan No. 111-2.
22. That trash storage area(s) sha41 be provided and 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 shalf be protected
from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging
vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be
specifically shown on plans submitted for building permits.
23. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Streets and Sanitation Division for review and approval.
24. That an on-site trash truck turn-around area shall be maintained in compliance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said information shall be specifically shown on plans submitted for building permits.
25. That any new roof-mounted equipment shall be completely screened from view from all directions, in
compliance with Section 18.38.170 of the Anaheim Municipal Code. Said information shall be
specifically shown on plans submitted for building permits.
26. That the parking lot shall be maintained in good condition free of trash and debris.
27. That the water backflow equipment shall be above ground and located outside the required street
setback area, and fully screened from all public streets. Any other large water system equipment
shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or
outside the required street setback area in a manner fully screened from all public streets. Said
information sha11 be specifically shown on plans submitted to the Water Engineering and Cross
Connection Inspector for review and approvaL
28. That the developer/owner shall submit a set of improvement plans to the Public Utilities Water ,
Engineering Division for review and approval to determine the conditions necessary for providing <
water service to the project
29. 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 the plans submitted for building permits. Such 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.
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30. That prior to submittal of the water improvement plans, the developer/owner shall submit a water
system master plan, including a hydraulic distribution network analysis, to the Public Utilities Water
Engineering Division for review and approvaL The master plan shall demonstrate the adequacy of
the proposed on-site water system to meet the projecYs water demands and fire protection
requirements. ,
31: That prior to application for water meters or fireJines or submitting the water improvement plans for
approval, the developer/owner shall submit arr estimate of the maximum fire flow rate and the
average day, maximum day and peak hour water demands for this project to the Public Utilities
Department, Water Engineering Division. This information will 6e used to determine the adequacy of
the existing water system to provide for the estimated water demands. Any off-site water system -
improvements required to serve the projecf shall be installed in accordance with Rule No. 15A.6 of
the Water Utility Rates, Rules, and Regulations.
32. That the legal property owner shall provide the City of Anaheim with an easement for electrical
service tines tobe determined as electrical design is completed. Said easement shall be submitted
to the City of Anaheim prior to connection of electrical service.
33. That four (4) foot high street address numbers shall be displayed on the roof of the main building in a
contrasting color to the roof materiaL The numbers shall not be visible to adjacent streets or
properties. Said information shall be specifically shown on plans submitted to the Police'
Department, Community Services Division,for review and approvaL
34. That'because this project has landscaping areas exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19
(Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349. Said
information shall be specifically shown on the plans submitted for building permits.
35. That any required relocation of City electrical facitities shall be at the developer's expense.
Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
shown on the plans submitted for building permits. '
36. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 10, and as conditioned herein.
37. That prior to the issuance of a grading permit, or within one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 18 and 19, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.40.040.040 and 18.42.040.010 of the Anaheim Municipal Code.
38. That prior to the issuance of building permits, or within one (1 } year from the date of this resolution, ,
whichever occurs first, Condition Nos. 1, 10, 13, 15, 16, 17, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 32; :
33, 34, and 35, above-mentioned, shall be compfied with. Extensions for further time to complste '
said conditions may be granted in accordance with Section 18.40.040.040 and 18.42.040.010 of the
Anaheim Municipal Code.
39. That prior to final building and zoning inspections, Condition No. 36, above-mentioned, shafl be ,
complied with.
40. 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.
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BE IT RESOLVED thaf 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 Anaheim Planning Commission does hereby find and
determine that the property owner/developer shall be responsible for paying all charges related to the
processing of this discretionary case application within7 days of the issuance of the final invoice or prior to
#he 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
May 2, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining a ocedures nd may be replaced ' -
by a City Council Resolution in the event of an appeaL
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CHAIRMAN, ANAHE{M 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 was passed and adopted at a meeting of the Anaheim Planning Commission
held on May 2, 2005, by the following vote of the members thereof:
AYES: GOMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACAN7: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this Co ~ day of
, 2005.
~~_..~.-~ /~y~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION