Resolution-PC 2007-58•
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RESOLUTiON NO. PC2007-58
' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05198 BE GRANTED
(1740 SOUTH ZEYN STREET & 1755 AND 1763 SOUTH ANAHEIM BOULEVARD)
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 SOUTH 185 FEET OF THE NORTH 270 FEET ON THE WEST 200 FEET
OF THE EAST 440 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF
THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, SAN BERNARDINO BASE & MERIDIAN, CITY OF
ANAHEIM,- COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID
SEGTION IS SHWON ON A MAP RECORDED IN BOOK 51, PAG 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 30, 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 May 14, May 30, and June 11, 2007 Planning Commission meetings; 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 expand a legal nonconforming commercial laundry facility is
properly one for which a conditional use permit is authorized by the Anaheim Municipal Code Section
18.116.020.050.0503.01 and 18.116.070.040.0402 (Nonconforming Uses - Expansion) with waivers of the
following provisions:
(a) SECTION NO. 18.116.090.020
(b) SECTION NO. 18.116.100.020
(c) SECTION NO. 18.116.140.1102
(d) SECTION NO. 18.42.040.010
Minimum landscape and structural setback
adiacent to Zevn Street and Anaheim
Boulevard.
20 feet required; 0-16 feet proposed)
Maximum permitted fence Meiqht:
`8 feet permitted; 24 feet proposed)
Minimum distance between drivewavs
servinq adiacent parcels.
(40 feet required; 20 feet proposed)
Minimum number of parkina sqaces.
83 required; 77 proposed)
2. That the above-mentioned waiver (a) is hereby approved as the site is an irregular shape
and the location of existing buildings further constrains the ability to provide the minimum landscape and
structural setbacks. The existing property is not developed with any landscape setbacks, and fhe proposed
landscaping is greater than what is currently provided and would enhance the property.
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3. That the above-mentioned waiver (b) is hereby approved because the solid metal fence
would screen the existing chemical tanks which are currently not screened and visible from the abutting hotel
rooms to the`east. The proposed height of the screen would bring the property into greater conformity and
minimize the existing negative visual view of the tanks from the adjacent hotels. The screen would not be
visible from the public right-of-way because the buildings along Anaheim Boulevard and Zeyn Street are of
greater heights.
4. That the above-mentioned waiver (c) is hereby approved because the property to the south
would be developed in 2008 by the City which include plans to relocate the existing driveway forty (40) feet
south of the shared property line. This property is unique because it abuts a City substation site. This
waiver would only be temporary and would no longer be needed after the City develops the site to tfie south.
5. That the parking waiver is hereby approved based upon the parking demand study prepared
by Clyde E. Sweet and Associates, providing evid,ence that adequate parking would be provided on the
property for the expansion of the commercial laundry facility.
6. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for the commercial laundty facility than the number of spaces necessary to
accommodate all vehicles attributable to'such use under the normal and reasonable foreseeable conditions
of operation because the parking study indicates that the peak parking demand for off-street parking spaces
is lower than the quantity provided for the project site. '
7. That the parking waiver, under the conditions imposed, if any, will not increase traffic
: congestion and will not increase the demand and competition for parking spaces upon the public streets in
the immediate vicinity of the use because the commercial laundry facility will have adequate parking to
accommodate the projecYs peak demands and the expansion would not result in an increased amount of
employees.
8. That the parking waiver, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the project site is physically separated from adjacent private properties. Furthermore,
it has been determined by the parking study that adequate on-site parking spaces are being provided.
9. That the proposed commercial laundry facility would not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located.
10. 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 particular area or to the health and safety.
11. That granting of the conditional use permit under the conditions imposed, will 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.
12. 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: The Anaheim Planning
Commission has reviewed the proposal to expand a legal nonconforming commercial laundry facility and
does hereby determine that the proposed project's environmental effects are within the parameters,
assumptions and fime frames analyzed in fhe previously-certified Environmental Impact Report No. 313 for
the Anaheim Resort Specific Plan and that it has considered the previously-certified Environmental Impact
Report together with any comments received during the public review process and further finding on the
basis of the initial study and any comments received, including Mitigation Monitoring Plan No. 075, 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 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: .
Prior to issuance of a buildinq permit or within a period of one (1) vear from the date of this
resolution for Phase 1 and two (2) vears from the date of this resolution for Phase 2, whichever
occurs first the followina conditions shall be comalied with:
1. That adequate lighting 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. Said
information shall be specifically shown on plans submitted for Police Deparfinent, Community Services
Division approvaL
2. That 4-foot high street address numbers shall be displayed flat on the roof of#he 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.
3. 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
4. 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 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.
5. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said
turn-around area shall be specifically shown on plans submitted for building permits.
6. That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically
shown on plans submitted for building permits.
7. That all new 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 manner fully screened from all public streets and alleys. Said information shall be
specifically shown on plans and approved by the Water Engineering Department.
8. 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.).
9. 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 there upon be developed and maintained in conformance .
with said plans.
10. That plans shall be submitted to the Planning Services Division for review and approval in conformance
with the current version of Engineering Standard Flan Nos. 115-B and 116 indicating the relocated
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driveway approaches. Relocated driveway approaches shall be contained within property lines and shall
nof encroach into adjacent property.
11. That final elevation plans shall be submitted to the Planning Services Division for review. Said plans
shall incorporate the use of varied material, detailed informationpertaining to the materials and colors
proposed, and detailed information pertaining to the quality and design'bf proposed lighting. Said plans
shall be reviewed by the City's architectural consultant for compliance with the design standards of the
Anaheim Resort. Plans shall be modified as necessary to demonstrate compliance: Any decision by
staff may be appealed to the Planning Commission as a"Reports antl Recommendations" item.
12. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fuAy
screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
13. That the property owner shall submit a letter requesting termination of Conditional Use PermitNo. 1392
(to expand an existing nonconforming automobile maintenance and repair facility for the purpose of `
maintain and requiring motorhomes and campers waiving (a) minimum required front setback and (b)
minimum required number of parking spaces) to the Planning Services Division.
14. That the applicant shall submit street improvement plans to the Public Works Department to improve
Zeyn Street with twenty (20) foot centerline to curb with a six (6) foot wide parkway and four (4) foot wide
sidewalk in conformance with the Anaheim Resort Specific Plan. A bond shall be posted to guarantee
that Zeyn Street is improved per the Anaheim Resort Specific Plan.
15. That a lot line adjustment shall be submitted to the Public Works Department, Development Services
Division to merge the existing parcels into one legal lot. The Lot Line Adjustment shall be approved'by
the City Engineer and recorded in the office of the Orange County Recorder prior to issuance of a
building permit.
Prior to issuance of qradinq permit or within a period of one (1) vear whichever occurs first for Phase
1 and two (2) vears for Phase 2 the followina conditions shall be complied with:
16. That the applicant shall submit to the Public Works Department bevelopment Services Division for
review and approval a Water Quality Management Plan that:
. Addresses Site Design Best Management Practices (BMPs) such as minimizing imperious
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.
17. That the City of Anaheim Drainage Impact Mitigation Fee for the South Central Area shall be paid. The
fee is currently $26,101 per 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 proportional to the increase.
18. That the City of Anaheim Sewer Impact Mitigation Fee for the South Central Area is $208/1,000 s.f., shall
be paid.
Prior to final buildinq and zoninq inspections the followina conditions shall be complied with:
19. That the temporary structure shall be removed upon completion of construction for Phase 2.
20. That street improvements on Zeyn Street shall be constructed.
21. That prior to issuance of certificate of occupancy, the applicant shalL•
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• Demonstrate that all structural SMPs described in the Project WQMP has 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.
22. That the subjectproperty shaU 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 Departmentfxhibit Nos. 1 fhrough 7, and as conditioned herein. :
General Conditions:
23. 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 Plan Na 75 as
establisfied; 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.
24. That any required relocation of City electrical facilities shall be afithe developer's expense. '
25. That all requests for new water services, fire hydrants, or fire lines, as well as any modifications,
relocations, or abandonmenYs of existing water services and fire lines, shall be coordinated through
Water Engineering Division of the Anaheim Public Utilities Department.
26. That no required parking areas 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 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.
29. That all trash generated from this commercial laundry facility 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.
30. That the applicant shall provide a parking plan indicating the assignment of parking stalls to utilize on-site
parking to the Planning Services Division for review and approval.
31. Extensions for further time to comptete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
32. That timing for compliance with conditions of approval may be amended by the Planning Director upon a
showing of good cause provided (i) equivatent fiming is esfablished 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.
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33. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with theAnaheim 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 thefina! 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 the: issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall resuft in de(ays in the issuance of required permits or #herevocation of the approval of this application.
' THEFOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 11, 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 ppeal cedures and may be replaced
by a City Council Resolution in the event of an appeal.
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, NAHEIM 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 cerfify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on June 11, 2007, by the following 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 ~ day of
2, , 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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