Resolution-PC 2007-20•: •
RESOLUTION NO. PC200720
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING RESOLUTION NO. PC2005-146 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 2005-05030
- (1500 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, on October 3, 2005, the Anaheim Planning Commission did, by Resolution No.
PC2005-146, grant Conditional Use Permit No. 2005-05030 to permit accessory retail sales in conjunction
with a plant nursery; and included the following conditions:
"8. That a landscape and irrigation plan for the property shall be submitted to the Planning
Services Division for review and approval identifying the size,`type and location of all
proposed plantings as required by Code. Plans shall reflectthe 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 trees within
the front setback along State College BouleVard.
• The addition of three'(3) 24-inch box sized evergreen trees distributed throughout the
parking area."
"14. That the petitioner shall submit grading plans#o the Public Works Departmentto improve
State College Boulevard and Cerritos Avenue per Public Works Standard Detail Na 160-A, -
In addition, a five (5) foot pa~kway 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 the required improvements shall be posted in an amount
approved by the City Engineer and in a form approved by the City Attorney prior to the
issuance of a building permit. A Right of Way Construction Permit shall be obtained from the
Development Services Division for all work perFormed in the right-of-way. These
improvements shall be constructed prior to final building and zoning inspections"
"17. That a sidewalk access ramp with truncated domes shall be constructed at the corner of State
Col{ege Boulevard and Cerritos Avenue in conformance with Public Works Standard Detail
Na 111-2. Said information shall be specifically shown on plans submitted for building
permits:'
"28. 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 plans are on ~le
with the Planning Department Exhibit Na 1 and as conditioned herein."
WHEREAS, the property is vacant and is within the 1(Industrial) Zone. The Anaheim General
Plan designates this property for Open Space land uses; and is 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 SECTION 24, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A
MAP RECORDED IN 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 PACIFIC IMPROVEMENT COMPANY TO SOUTHERN
PACIFIC RAILROAD COMPANY, RECORDED JUNE 27, 1889 IN BOOK 570, PAGE
288, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY
OF LOS ANGELES.
' WHEREAS; the applicant has requested an amendment to this conditional use permit to
amend exh,ibits for a previously approved plant nursery; to permit a temporary modular unit;
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City ,.
of Anaheim on March 5, 2007, 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 that said public hearing was continued to the March 19,
2007, Pianning Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself and
in its behalf, and after due consideration of aA evidence'and reports offered at said hearing, does find and
determine the following'facts: .
1. That the requesfito amend exhibits for a previously-approved nursery, to permit a temporary
modularunit is properly one for which a conditional use permit is authorized by Section 18.60.190.030 of the
Zoning Code with waivers of the following provisions:
(a)SECTION`NO. 18`10.060.020.0201 Minimum landscaqe setback
20 feet required; 0 feet proposed)
(b)SECTiON NO. 18.40.060.030 Improvement of riqht-of-wav '
Sidewalk and parkways required along
State College Boulevard and Cerritos
Avenue; No sidewalk qroposed)
2. That the requested waiver (a) is hereby approved, because the property is an irregular triangle .
shape with a large frontage along Cerritos Avenue. The parcel is unique because it is developed with
Southern California Edison utilities that limi# the development of the property and its ability to sustain a
permanent land use. Application of the zoning code would deprive the property of reasonable use given the
other limitations already on the site.
3. That the requested waiver (b) is hereby approved in part, as follows: (a) apqrovinq the waiver
to construct a 5-foot wide sidewalk along State College Boulevard, requiring a 10 foot wide parkway instead,
(b) denvina the waiver along Cerritos Avenue from the corner of State College and Cerritos east to the
proposed driveway along Cerritos Avenue, requiring both a 5-foot sidewalk and 8-foot parkway, (c) approvina
in qart, the waiver for the sidewalk along Cerritos Avenue from the proposed driveway to the east property
line, requiring a 13-foot wide parkway instead, and (d) denying the waiver for corner cut-off improvements at
the corner of State College Boulevard and Cerritos Avenue. For the corner access ramp and sidewalk
improvements, there is a reasonable relationship between the proposed use and the need for the required
improvements. Since the proposed use is an intensification of the vacant property, there is a reasonable
relationship between the need for a portion of the required improvements based upon the existing
improvements in the area, and the project's potential for generating additional vehicular and pedestrian traffic
in relation to the existing vehicular and pedestrian traffic resulting from the property's current vacant state.
However, due to the extensive frontage on Cerritos Avenue the cost of the full improvement would
unreasonably exceed the burden or impact created by the development project.
4. 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
5. That 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 safe of tile and floor coverings sales are clearly incidental to the
warehousing and/or 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
6. ' 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
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area nor to the health and safety of the citizens ofAnaheim, as the site would provide for the minimum code-
required parking, setbacks, and screening; and
7_ That the traffic aenerated bv the proposed use will not, under the conditions imposed, impose
an undue burden upon the streets and highways designed and irnproved to carry the traffic in the area as the
site is located within an industrial area at the intersection of two 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
8. That granting fhis 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 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''
9. ' That no one indicated their presence at sa+d public hearing in opposition; and that no
correspondence was received in opposition to the subject petition. :
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING The Planning staff. 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 the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESO~VED that the Anaheim City Planning Commission for the
reasons hereinabove stated does hereby approve the modification to Conditional Use Permit No. 2005-
05030 to amend exhibits for a previously-approved plant nursery, to permit a temporary modular unit. -
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
amend the conditions of approval in Resolution No. PC2005-146 pertaining to Gonditional Use Permit No.
2005-05030 in their entirety to read as follows:
Prior to issuance of a buildina permit or within a period of one (1) vear from the date of this
resolution whichever occurs first the followinq conditions shall be complied with:
1. That 4-foot high street address numbers shall be dispfayed on the roof of the modular bui{ding in a
color that contrasts with the roof material. The numbers shall not be visible from the streets or
adjacent properties. Said information shal{ be specificaNy shown on plans submitted for building
permits.
2. 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 and materials. Any decision by staff may be appealed to the
Planning Commission as a"Reports and Recommendations" item.
3. That a landscape and irrigation plan for the property shall be submitted to the Planning Services
Division for review and approva{ identifying the size, type and location 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 trees within
the front setback along State College Boulevard.
• The addition of three (3) 24-inch box sized evergreen trees distributed throughout the
parking area.
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Any decision by City staff may be appealed to the Planning Commission as a"Reports and
' Recommendations" item. `
4. That a final screening and fencing plan for the property shall be submitted to the Planning Services
Division for review and approval. Plans shall reflecY 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, Walls and Hedges).
- The design and the materials used for the fence or wall shall comply with the provision
of Section 18.40.450 (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 not in use excepf that the gate may be kept operr during business
hours provided on-site storage cannot be seen from adjacent public 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 shall be decorative and located
outside of the minimum landscape setback.
• 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.
5. 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 specifically shown on
plans submitted for the Public Utilities Department, Water Engineering Division approval.
6. 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.
7. 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.
8. 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 the review and approval of the City Traffic and
Transportation Manager. Said information shall be specifically shown on plans submitted for
building permits.
9. 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 devices (i.e. landscape screening, color of walls, materials, identifiers, access
points, etc.).
10. That plans shall be submitted to the Traffic 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. Subject property
shall there upon be developed and maintained in conformance with said plans.
11. That an on-site trash truck turn around area be providedper Engineering Standard Detail No. 476
and as. required by the Public Works Department, Streets and Sanitation Division. Said information
shall be specifically shown on plans submitted for building permits.
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12. 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 shall 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.
13. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses
and grounds continuous to buildings shall be provided withJighting 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 pfans submitted for Police
Department, Community Services Division approvaL
14. That the applicant shall post a bond in an amount approved by the City Engineer and a form
approved by the City Attorney to improve State College Boulevard with a ten (10) foot wide parkway
landscaping strip with parkway irrigation connected to the on-site'irrigation system maintained by
the property owner. The bond should also include improvements on Cerritos Avenue with a eight
(8) foot parkway and five (5) foot sidewalk from the corner of State College Boulevard to the -
proposed driveway and a thirteen (13) foot wide landscaping strip from the proposed driveway to
the east property line, with,parkway irrigation connected to the on-site irrigation system and -
maintained by the property owner.
15. That final elevation plans for the proposed modular building incorporating architectural
enhancements including a skirt to screen the wheels of the structure, for all elevations visible to
State College Boulevard and Cerritos Avenue, shall be submitted to the Planning Services Division
for review and approval prior to issuance of building permits. Any decision by staff may be appealed
to the Planning Commission as a"Reports and Recommendations" item.
Prior to issuance of aradinq permit or within a period of one i11 vear whichever occurs first, the
followina conditions shall be complied with;
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.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Pfan.
• 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.
17. 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 at State
College Boulevard and Cerritos Avenue for road, public utilities and other public purposes.
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Prior to final buildinq and zoninq inspections the followina conditions shali be complied with:
18. That the applicant shall improve State College Boulevard with a ten (10) foot wide parkway
landscaping strip with parkway irrigation connected to the on-site irrigation system, to'be maintained
by the property owner and to improve Cerritos Avenue with an eight (8} foot parkway and five (5)
foot sidewalk from the corner of State College Boulevard to the proposed driveway and a thirteen
(13) foot wide landscaping strip from the proposed driveway to the east property line, with parkway
irrigation connected to the on-site irrigation system and maintained by the property owner. A Right
of Way Construction Permit shall be obtained from the Development Services Division prior to the
commencement of the work.
19. That a new driveway approach, curb, gufter, parkway landscaping and sidewalk shall be '
constructed in conformance with Public Works Standard Detail Na'1:15-B. Said information shall be
specifically shown on plans submitted for building permits.
20. That a sidewalk access ramp with truncated domes shall be constructed at the corner of State
College Boulevard and CerritosAvenue in conformance with Public Works Standard Detail No. 111-
2. Said information sha{I be speciflcally shown on plans submitted for building permits.
21. 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
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.
22. That "No Trespassing 602(k) P.C" signs be posted at the entrances of parking lot and be located in
other appropriate places as determined by the Police Department. Signs must be at least two (2)
feet by one (1) foot in overall size with white background and 61ack two (2) inch lettering.
23. That prior to final building and zoning inspections, an Emergency Listing Card, Form APD-281 shall
be completed and submitted in a completed form to the Anaheim Police Department.
24. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the applicant and which plans are on file with the
Planning Department labeled Revision 1, of Exhibit No. 1 and as conditioned herein.
General Conditions:
25. That all sales transactions shall take place within the enclosed building on-site.
26. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
27. 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.
28. That outdoor storage except for plants, pottery; and fountains, shall be in accordance with the
requirements of Anaheim Municipal Code Section 18.38.200 pertaining to outdoor storage.
29. 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 discovery.
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30. That approval of this application constitutes approyal 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.
31. That timing for compliance with conditions of approval maybe amended by the Planning Director
upon a showing of good cause provided (i) equivalenttiming is established that satisfies the original
intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal .
Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use
or approved structure. ; `
BE IT FURTHER RESOLVED that, except as amended herein, Resolution No. PC2005-146
shall remain in full force and effect.
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 #inal 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 appl+cant 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
March 19, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures nd y be r a City Council
Resolution in the event of an appeaL ~
.,..,.
HAIRMAN, A AHEIM PLANNING COMMISSION
ATTEST:
/~~ ~~ ~«
~-~-
SENIOR SECRETARY, ANAHEIM PLANNWG 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 March 19, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ .
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
T~
_ , lN WtTNESS WHEREOF, I have hereunto set my hand this CJr day of
, 2007. ~
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SEN10R SECRETARY, ANAHEIM PLANNING COMMISSION
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