Resolution-PC 2007-47~ ~
RESOLUTION NO. PC2007-47
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THATPETITION FOR CONDITIONAL USE PERMIT NO: 2007-05202 BE'GRANTED
(1055 EAST BALL ROAD)
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:
PARCEL 2, OF PARCEL MAP NO. 98-248, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 313, PAGES 35
AND 36 QF PARCEL MAPS, RECORDS OF SAID COUNTY. `
RESERVING THEREFROM UNTO GRANTOR AND IT'S SUCCESSORS AND
ASSIGNS, THE FOLLOWING:
A. A NON -EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR COMMON
AND GENERAL DRIVEWAY PURPOSES OVER TMAT PORTION OF SAID LAND '
DEPICTED AS "AN EASEMENT RESERVED FOR INGRESS AND EGRESS FOR
COMMON AND GENERAL DRIVEWAY PURPOS~ FOR THE BENEFIT OF
PARCEL 1", ON THE AFORE-MENTIQNED PARCEL MAP NO. 98-248, IN THE
CfTY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP FILED IN BpOK 313, PAGES 35 AND. 36 OF PARCEL MAPS; AND
B. A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS PURPOSES
TOGETHER WITH THE RIGHT TO GRANT OR TRANSFER SAME OVER THAT
PORTION OF PARCEL 2, OF PARCEL MAP NO. 98-248, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PE MAP FILED
lN BOOK 313, PAGES 35, AND 36 PF PARCEL MAPS, LYWG WITHIN THAT
PORTION DEPICTED AS "AN EASEMENT FOR INGRESS AND EGRESS PER
O.R 1 1 208/1 927 & O.R. 12126/16", ON THE AFORE-MENTIONED PARCEL MAP.
PARCEL B:
A NON- EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THAT
PORTION OF PARCEL 1, OF PARGEL MAP NO. 98-248 IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 313,
PAGES 24 AND 36 OF PARCEL MAPS, LYING WITHIN THAT PORTION DEPICTED
AS "AND EASEMENT FOR INGRESS AND EGRESS PER O.R. 11208/1927 & O.R.
12126/163", ON THE AFORE-MENTIONED PARCEL MAP.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 14, 2007, at 2:30 p.m., notice of said public hearing having been duly given as
required by 1aw 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 itseff
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts
' Cr\PC2007-47 -1- PC2007-47
• •
1. That the proposed use, to construct a 5-story office and training buiiding, is properly one for
which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402
(Offices = General) with waivers of the following:
(a) SECTION NO. 18.10.050.010 Maximum structural heiqht:
Deleted
(b) SECTION NO. 18.10.060:020.0201 Minimum landscape setback.
(20 feet'required; 10 -15 feet proposed
(c) SECTION NO, 18.42.040:010 Minimum number of parkina spaces.
519 required; 406 proposed)
2. That the above-mentioned waiver (a) is hereby denied because it has been deleted.
3. That the above-mentioned waiver (b) is hereby approved as the site is unique because of its
irregular shape and frontage on 2 pubfic rights-of-way and 1 private street: The site is further constrained by
a 15-foot wide water easement which xuns through the center of the property and is therefore limited in
useable area: Additionally, the neighboring properties to the north and south provide proportionally similar
landscape setbacks. -
4. That the above-mentioned waiver (c), under,the conditions imposed will not cause fewer off-
streetparking spaces tobe provided for such use than the number of such spaces necessaryto
accommodate all Vehicles attributable to the proposal under the normal and reasonably foreseeable
operation of such use.
5. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity, as indicated in the parking
demand study. A minimum of 366 parking spaces is required and 406 parking spaces would be provided
which results in an excess of 40 parking spaces.
6. That the waiver, will not increase the demand and competition for parking spaces upon
adjacent properties in the immediate vicinity of the proposed use since parking is contained within the ,
property boundaries and the property to the north with a shared parking agreement. There is no circulation
between the subject site and the properties to east, south, and west.
7. That the waiver, will not increase traffic congestion within the off-street parking areas or lots
provided for the proposed uses as ingress and egress to the site would be provided via two (2) driveways
and there is an existing access easement with the property to the north.
8. That the proposed office and training building as conditioned herein would nof adversely
affect the adjoining land uses and the growth and development of the area in which it is proposed to be
located.
9. That the size and shape of the site for the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particufar area or to the health and safety.
10. That granting of the conditional use permit under the conditions imposed, wiU not be
detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is
compatible with the surrounding area.
11. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
PC2007-47
~ ~
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to construct a 5-story office and training building with waivers of
minimum landscape setback and minimum number of parking spaces and does hereby approve the
Mitigated Negative Declaration and the associated Mitigatian Monitoring Plan No. 144 upon finding thafthe
declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated '
Negative Declaration and together with any comments received during the public review process and
further finding on the basis of the initial study, including the analysis of potential aesthetic, air quality and
utilities and service systems impacts 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 UsePermit; upon the following conditions which are hereby
found #o 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:
Prior to issuance of a buildinq permit or within a period of one (11 vear from the date of this
resolution; whichever occurs first, the followinq conditions shall be complied with:
1. That the training facilities shall be operated as a part of the business which occupies the building and shall
not be used for public uses. If at any time the operational characteristics of the training facility changes; a
detailed description of the,operational changes shal( be submitted for review by the City's Traffic and
' Parking Consultant to determine if the changes would cause fewer off-street parking spaces to be
provided than the number of spaces provided on site. If it is determined the expected demand is greater
than the spaces provided on site, an application for modification of the conditional use permit shall be
submitted to the Planning Services Division for approval by the Planning Commission.
2. That the property owner shall dedicate to the City of Anaheim corner cut-off dedications at Ball Road/East
Street and Ball' Road Lewis Street.
3. That an unsubordinated restricted covenant providing reciprocal access and parking be made with the
property located at 1001 East Ball Road for a minimum of 106 parking spaces. . This covenant shall be
approved by Planning Services Department and in a form satisfactory to the City Attorney shall be
recorded with the Office of the Orange County Recorder.
4. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standard No. 115. Said information shall be specifically shown
on plans submitted for building permits.
5. That gates shall not be installed across the 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. 475 and shall be subject to the review and approval of the Planning Services Division prior to issuance
of a building permit.
6. That the developer shall remove and/or relocate any traffic signal equipment or any other related item to
the traffic signal if the project requires street widening or modification of any driveways.
7. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in
conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for the sign or
wall/fence locations.
8. That plans shall be submitted to the Planning Services Division for review and approval showing
conformance with the current version of Engineering Standard Plan Nos. 402B, 436 and 470 pertaining to
parking standards and driveway locations. Subject property shall thereupon be developed and maintained
in conformance with said plans.
-3- PC2007-47
9
10.
11
12'.
13.
14.
15.
~ ~
That no required parking area shall be fenced or otherwise enclosed for storage uses.
That an on-site trash truck turn around area shall be provided per Engineering Standard Detail Na 476 or
an approved alternative, which shall be shown on plans as required by the Department of Public Works,
Sanitation Division. Said information shall be specifically shown on plans submitted for building permits.
That trash storage areas shall beprovided and maintained in a location 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
identifiablefrom adjacent streets or highways. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials such as minimum 1-galion size clinging vines planted on
maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans
submitted for building permits. :
That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approvaL
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.) and shall be
subject to the review and approval of the appropriate City departments:
That a-I requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering
Division of the Anaheim Public Utilities Department.
That all existing water services and fire lines shall conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet currenf standards shall be upgraded if
continued use is necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. '
16. That all backflow equipment shall be located above ground outside of the front setback area in a manner
fully screened from all public streets and alleys. 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 outside of the front setback area in a manner fully screened
from all public street and alleys. Said information shall be specifically shown on plans and approved by
Water Engineering and Cross Connection Control Inspector.
17. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall
be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code.
Said information shall be specifically shown on plans submitted for building permits.
18. That any required relocation of City electrical facilities 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 plans
submitted for building permits.
19. Thaf all air conditioning apparatus and other roof and ground-mounted equipment shall be properly
shielded from view and the sound buffered from adjacent residential properties and the public right-of-way.
Such information shall be specifically shown on the plans submitted for building permits.
20. That final landscape and fencing plans for the subject property shall be submitted to the Planning
Department for review and approval. Said plans shall show minimum 24-inch and 36-inch box size trees,
shrubs; groundcover, and clinging vines to be planted in layers and shall also show decorative hardscape
treatment within the central courryard area. The landscape material selected shall be appropriate to the
-4- PC2007-47 : ,
~ ~
width of either the parkway or the planter area. Any decision made by the Planning Department regarding
said plan may be appealed to the Planning Commission. All trees shall be properly and professionally
maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically
shown on the plans submitted for building permits.
21. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
ground 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 a6out the premises during the
hours of darkness and provide a safe, secure environment for all persons, property, and vehicles
onsite. Said information shall 6e specifically shown on plans submitted for Police Department,
Community Services Division approvai. '
22. That 4-foot high address numbers shall be displayed flat 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 Police Department,
Cammunity Services Division approvaL
23. That the project shall provide for accessible truck deliveries on-site, Said information shall be
specifically shown on plans submitted for building permits.
24. That any required relocation of City electrical facilitiesshall be atthe developer's expense.
25. That plans shall be submitted to the Planning Services Division for review and approval in
conformance with the current version of Engineering Standard Pian Nos. 436, and 470 pertaining to'
parking standards and driveway location: Subject property shail thereupon be developed and
maintained in conformance with said plans.
26. That final elevation plans shall be submitted to the Planning Services Division for Planning
Commission review as a"Reports and Recommendations" item. Said plans shall include additional
architectural enhancements for the elevations facing Ball Road and East Street.
27. That building and parking lot lighting shall be decorative. Additionally, lighting fixtures shall be down-
lighted and direct away from residential properties to protect the residential integrity of the area. Said
information shall be specifically shown o the plans submitted for building permits.
28, That all plumbing or other similar pipes and fixtures located on the exterior of the buifding shaA be fully
screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
29. That the project site under construction will be screened during construction with a temporary fence to
visually screen the construction areas from the adjacent streets and residences. Said information shall
be specifically shown on the plans submitted for building permits.
Prior to issuance of a qradinq permit, the followina conditions shall be complied with:
30. That prior to 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 the DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control BMPs.
-5-
PC2007-47
! i
• Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs, and
• Qescribes the mechanism for funding the long-term operation and maintenance of the Treatment
Control BMPs.
Prior to final buildinq and zoninq insqections the followinq conditions shall be complied with:
31. 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 Project'WQMP are available
onsite.
• : Submit for review and approval by the City an Operation and Maintenance Plan for all structural ' ,
BMPs.
32. That prior to issuance of certificate of occupancy, AQA compliant curb access ramps with truncated domes
shall be constructed at Ball Road/East Street and Ball Road Lewis Street in conformance with Public
Works Standard Detail 111-2.
33. 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 11, and as conditioned herein.
General Conditions:
34. That the developer shall be responsible for compliance with all mitigation measures within the
assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program
No. 144 as established by the City of Anaheim and as required by Section 21081.6 of the Public
Resources Code to ensure implementation of those identified mitigation measures.
35. That all public phones shall be located inside the building.
36. That all trash generated from this office building shall 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 Community Preservation Division of the Planning Department shall determine the 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.
37. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four
(24) hours from the time of discovery.
38. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
39. That timing for compliance with conditions of approval may be amended by the Planning Director upon
a showing of good cause provided (i) equivalent timing 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
development.
-6- PC2007-47
!
i
40. That extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim MunicipaL
41. 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, Sfate and Federal
regulations.` Approval does not include any action or findings as to compfiance or approval of the
request regarding any other applicable ordinance, Yegulation 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 fhe issuance of building permits #or this project; whichever occurs firsf. 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 FOREGOINGRESOLUTION was adopted at the Planning Commission meeting of
May 14; 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to a I procedures and may be replaced
by a City Council Resolution in the event of an appeaL
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
~
i~'~t2,,~+~^-e
SENfOR 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 14, 2007, by the fiollowing vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this y~~ day of
v n G , 2007.
.aCP~iC~s~W'L~ •
SENfOR SECRETARY, ANAHEIM PLANNING COMMISSION
-7-
PC2007-47