Resolution-PC 2004-5• •
RESOLUTION NO. PC2004-5
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04813 BE GRANTED
WHEREAS, the Anaheim City 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:
PARCEL1: THAT PORTION OF THE WEST 5.13 ACRES OF THE NORTH HALF
OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, IN THE
RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 24 AND RUNNING THENCE SOUTH 0° 12' 35' WEST 328.90 FEET
ALONG THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89° 59'
42" EAST 338.71 FEET TO THE SOUTHEAST CORNER OF THE LAND CONVEYED
TO GORDON L. HODGE, A MARRIED MAN, BY DEED TO HIM RECORDED AUGUST
1, 1962, IN BOOK 6216, PAGE 580, OFFICIAL RECORDS THENCE NORTH 0° 12' 35"
EAST 329.00 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID LAND
GRANTED TO GORDON L. HODGE, A MARRIED MAN, TO THE NORTHEAST
CORNER OF THE LAND CONVEYED TO ELMER L. BEESON AND WIFE BY DEED
RECORDED MAY 18, 1948 IN BOOK 1638, PAGE 150, OFFICIAL RECORDS;
THENCE SOUTH 89° 59' 15" WEST 338.71 FEET ALONG THE NORTHERLY LINE OF
SAID NORTHEAST QUARTER OF THE POINT OF BEGINNING.
PARCEL 2: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1;
THENCE SOUTH 0° 12' 35" WEST 206.90 FEET; THENCE SOUTH 89° 59' 42" EAST
45.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 0° 12' 35" EAST
8.00 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 1 ABOVE DESCRIBED;
THENCE SOUTH 89° 59' 42" EAST ALONG THE SOUTH LINE OF SAID PARCEL
1,800 FEET; THENCE SOUTHWESTERLY TO THE TRUE POINT OF BEGINNING.
PARCEL 3: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1;
THENCE NORTH 89° 59' 15" EAST ALONG THE NORTHERLY LINE OF SAID
NORTHEAST QUARTER 199.71 FEET; THENCE SOUTH 0° 12' 35" WEST 53.00 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89° 59' 15" WEST 7.00 FEET
TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 1 ABOVE DESCRIBED;
THENCE SOUTH 0° 12' 35" WEST ALONG THE EASTERLY LINE OF SAID PARCEL 1,
10.00 FEET THENCE NORTHEASTERLY TO THE TRUE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 12, 2004 at 1:30 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
18.03 (Zoning Procedures-Amendments, Conditional Use Permits and Variances), 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:
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1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.135 to wit: to construct a four (4) unit commercial retail
center.
2. That the proposed use, which is located on property zoned CL (Commercial, Limited), will
not adversely affect the adjoining land uses and the growth and development of the area in which it is
located because the adjacent properties to the east and south are also zoned CL and are developed with
commercial uses; that a commercial center containing only two units can be built by right in the CL Zone;
and that the location is at an arterial highway intersection where the other three corners are also zoned
and developed commercially.
3. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare; and that no waivers from the CL Zone development standards were
requested in connection with this conditional use permit.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area.
5. That granting this conditional use permit, under the conditions imposed including providing
a loading area satisfactory to the City, will not be detrimental to the peace, health, safety and general
welfare of the citizens of the City of Anaheim.
6. That no one indicated their presence at the public hearing in opposition to the proposal,
and no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 3, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City 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:
That no convenience markets and/or retail sale of alcoholic beverages shall be permitted unless a
separate conditional use permit is approved by the Planning Commission and/or City Council.
2. That no video, electronic or other amusement devices shall be permitted on the premises.
3. That all public telephones shall be located inside the building.
4. That all trash generated from this commercial retail center shall be properly contained in trash bins
located within approved trash enclosure(s). 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 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.
5. 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 dies.
6. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
7. That no outdoor vending machines shall be permitted on the property.
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That four (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 to the adjacent streets or
properties. Said information shall be specifically shown on plans submitted for building permits.
That no outdoor storage shall be permitted on the premises.
10. That all roof-mounted equipment shall be screened from view in accordance with the requirements
of Anaheim Municipal Code Section 18.44.030.120 pertaining to roof-mounted equipment in the CL
(Commercial, Limited) Zone. Said information shall be specifically shown on plans 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 or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
12. That the number of tenant spaces for this commercial retail center shall be limited to four (4). Said
information shall be specifically shown on the plans submitted for building permits.
13. That any wall signage for this building shall be limited to the lower band below the tile roof treatment
and pediment. One (1) wall sign per unit shall be permitted for 'interior' units and two (2) wall signs
(one (1) sign per exterior direction) shall be permitted for `end' units.
14. That final sign plans for the monument sign shall be submitted to the Zoning Division for review and
approval. Said plans shall incorporate the architectural features, materials and colors utilized on the
commercial building and shall include an eighteen inch (18") high base with nine inch (9") high
address numbers and letters. The monument sign location shall be approved by the Traffic and
Transportation Manager in order to specifically identify a location outside the required "sight-distance
triangles" adjoining the driveway entrances to the property. Any decision made by staff regarding
said sign plans may be appealed to the Planning Commission as a`Reports and Recommendations'
item.
15. That final landscaping plans shall be submitted to the Zoning Division for review and approval, and
shall include the following:
(a) The size and specific type of trees to be planted in the required setbacks and parking areas. A
total of seven (7), minimum twenty four inch (24") box sized, non-deciduous trees shall be
planted in the setback areas along both street frontages. The plans shall also specify parking
lot trees and planters in compliance with Code requirements, including a total of four (4) parking
lot trees and associated planters.
(c) Decorative paving to be incorporated at the driveway entrances.
Any decision made by staff regarding the final landscaping plans may be appealed to the Planning
Commission as a'Reports and Recommendations' item.
16. That final elevation plans shall be submitted to the Zoning Division and Community Development
Department for review and approval. Said plans shall incorporate a canopy along the north
elevation with decorative columns and planters between the walkway and parking lot. Any decision
made by staff may be appealed to the Planning Commission as a`Reports and Recommendations'
item.
17. That all new requests for new water services or fire lines, as well as any modification, relocation or
abandonment of existing water services and fire lines shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
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18. That ail backflow equipment shall be located above ground and outside the required street setback
areas 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
the required street setbacks in a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans submitted to the Water Engineering Division and the
Cross Connection Control Inspector for review and approval.
19. 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 regarding water
conservation. Said information shall be specifically shown on the plans submitted for building
permits.
20. That trash storage area(s) shall 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. Access in front of the trash bin gates shall have a minimum width of five (5)
feet and, further, the design of adjacent landscaping planters shall be curved in order to allow for
improved accessibility to trash bins. Said storage area(s) shall be designed, located and screened
so as not to be readily identifiable from adjacent streets or highways. The walls of the storage
area(s) shall be protected from graffiti opportunities by the use of plants 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 the plans submitted for building permits.
21. 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.
22. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for
building permits.
23. That 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 601/602
pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans as approved.
24. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
25. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns in
conformance with Engineering Standard No. 137. Said information shall be specifically shown on
the plans submitted for building permits.
26. That the legal owner of subject property shall provide the City of Anaheim with a public utilities
easement for primary cable underground and around the pad-mounted transformers.
27. That any required relocation of City electrical facilities shall be at the property owner's expense.
Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
outside the easement area of the equipment. Said information shall be specifically shown on the
plans submitted for building permits.
28. That all electrical engineering requirements of the City of Anaheim along Ball Road and Dale
Avenue, including preparation of improvement plans and installation of street lights on said streets
as required by the Electrical Engineering Division, shall be secured in the form of a bond, in an
amount and form satisfactory to the City of Anaheim, to be posted with the City to guarantee the
satisfactory completion of said improvements.
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29. That the legal property owner shall submit an appiication for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division. A Certificate of
Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and
recorded in the Office of the Orange County Recorder prior to issuance of a building permit.
30. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement
for a corner cutoff at Ball Road and Dale Avenue.
31. That prior to approval of the grading plan, the applicant shall obtain approval from the City of Stanton
indicating that the existing storm drain facilities have adequate capacity to serve the proposed
development. A copy of said approval shall be furnished to the City.
32. That prior to approval of the grading plan, the developer shall submit a Water Quality Management
Plan ("WQMP") to the Public Works Department, Development Services Division, for review and
approval. The WQMP shall specifically identify the best management practices tha
33. t will be used on-site to control predictable pollutants from storm water runoff. The WQMP shall be
submitted to the Public Works Department, Development Services Division.
34. That the property owner shall implement appropriate non-structural and structural Best Management
Practices ("BMPs") in order to minimize the introduction of pollutants to the storm water drainage
system, to the satisfaction of the Public Works Department, Development Services Division.
35. That the property owner shall submit a letter to the Zoning Division requesting termination of
Variance No. 1711 (waivers of sign maximum height limit and minimum distance between two roof
signs) and Variance No. 2416 (waivers of minimum distance between freestanding signs, maximum
number of freestanding signs, permitted location of freestanding signs and minimum height of
freestanding signs to construct two lighter box signs and two canopy signs in conjunction with an
existing freestanding sign).
36. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be
fully screened by architectural devices and/or appropriate building materials; and that said
information shall be specifically shown on the plans submitted for building permits.
37. (a) That the subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file
with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein.
(b) That the loading area shown on Exhibit No. 1 shall be moved to a location satisfactory to the
City Traffic and Transportation Manager and the Zoning Division. Any decision made by staff
regarding the loading area may be appealed to the Planning Commission as a'Reports and
Recommendations' item. The proposed loading area shall be specifically shown on the plans
submitted for building permits.
38. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 8, 10, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25,
26, 27, 28, 29, 30, 31, 32, 34, 35, 36(b) and 40, herein-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits,
Variances and Administrative Adjustments.) of the Anaheim Municipal Code.
39. That prior to final building and zoning inspections, Condition Nos. 33 and 36(a), above-mentioned,
shall be complied with.
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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.
40. That the applicanUdeveloper shall pay a fee to mitigate the sewer impact in the combined "West
Anaheim Zone A Area." The estimated cost to mitigate the impact is forty one dollars ($41) per one
thousand (1,000) square feet of development.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 12, 2004.
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HAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
A'
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 12, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO,
VANDERBILT-LINARES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this (( ~~day of
, 2004.
~~,~ /~O ~~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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