Resolution-PC 2007-111~ ~
RESOLUTION NO. PC2007-111
A RESOLUTION OF THE ANAHEIM PLANNING CONIMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05241 BE GRANT`ED
(1325 NORTH ANAHEIM BOULEVARD AND 401 CARL KARCHER WAY)
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:
THAT PORTION OF PARCEL 2 AND 3, TOGETHER WITH THAT
PARCEL OF LAND DESIGNATED AS (RESIDUAL). IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP FIELD IN BOOK 110. PAGES 30 AND 31 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 1:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF
SAID PARCEL 2 WITH THE WESTERLY LINE OF ANAHEIM.
BOULEVARD (FORMERLY KNOWN AS LEMON STREET);
THENCE ALONG SAID WESTERLY LINE N 0°02"38"W 394.60 FEET;
THENCE 89°51'22" E 5.00 FEET;
THENCE N 00°02'38" W 100.00 FEET;
THENCE 8°34'28"W 101.12 FEET;
THENCE N 9°49'32" W 82.89 FEET TO THE NORTHERLY LINE OF THAT
CERTAIN PARCEL DESIGNATED AS RESIDUAL;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL
N 85°43'02" E 76.78 FEET;
THENCE 82°56'35" W 63.32 FEET;
THENCE S 63°37'S3" W 138.10' FEET TO AN ANGLE POINT IN THE
NORTHERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID NORTHERLY LINE S 63°55'29" W 57.391 FEET;
THENCE S 52°29'39" W 128.50 FEET
THENCE LEAVING SAID NORTHERLY LINE S 26"22' 12" E 144.94 FEET;
THENCE S 0°O1' 12" E 368.54 TO A POINT ON THE SOUTHERLY LINE
OF SAID PARCEL 2;
THENCE ALONG SAID SOLJTHERLY LINE N 89°54'00" E 387.19 FEET
TO THE POINT OF BEGINNING
EXCEPTING THEREFROM THAT PORTION IN FINAL ORDER OF
CONDEMNATION RECORDED JANUARY 23, 2001 AS INSTRUMENT
NO. 20010039326 OF OFFICIAL RECORDS.
PARCEL 1 CONTAINS 5.682 ACRES
PARCEL 2
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PARCEL 2 AND 3. TOGETHER WITH THAT PARCEL OF LAND
DESIGNATED AS (RESIDUAL). IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FIELD IN
BOOK 110, PAGES 30 AND 31 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, EXCEPTION
THEREFROM THE FOLLOWING PORTION OF LAND:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF
SAID PARCEL 2 WITH THE WESTERLY LINE OF ANAHEIM
BOULEVARD (FORMERLY KNOWN AS LEMON STREET);
THENCE ALONG SAID WESTERLY LINE N 0°02"38"W 394.60 FEET;
THENCE N 89°57'22" E 5.00 FEET;
THENCE N 00°02'38" W 100.00 FEET
THENCE 8°34'28"W 101.12 FEET;
THENCE N 9°49'32" W 82.89 FEET TO THE NORTI~RLY LINE OF THAT
CERTAIN PARCEL DESIGNATED AS RESIDUAL;
THENCE ALONG THE NOR'TI~RLY LINE OF SAID PARCEL
N85°43'02"E 76.78 FEET;
THENCE S 82°56'35" W 63.32 FEET;
THENCE S 63°37'S3" W 138.10 FEET TO AN ANGLE POINT IN THE
NQRTHERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID NOR'THERLY LINE S 63°55'29"W 57.91 FEET;
THENCE S 52°29'39"W 128.50 FEET;
THENCE LEAVING SAID NORTHERLY LINE S 26"22' 12" E 144.94 FEET;
THENCE S 0°O1' 12" E 368.54 TOA POINT ON THE SOLJTHERLY LINE OF
SAID PARCEL 2;
THENCE ALONG SAID SOiTTHERLY LINE N 89°54'00" E 387.19 FEET
TO THE POINT OF BEGINNING
ALSO EXCEPTING THEREFROM THAT PORTION IN FINAL ORDER OF
CONDEMNATION RECORDED JANUARY 23, 2001 AS INSTRUMENT
NO. 20110039326 OF OFFICIAL RECORDS.
PARCEL 2 CONTAINS 4.05 ACRES
NOTE: BEARING AND DISTANCES HEREON ARE FROM RECORD
INFORMATION PER PARCEL MAP RECORDED IN BOOK 110 PAGES 30
AND 31 OF PARCEL MAPS
BASIS OF BEARINGS:
THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING OF
CENTER LINE OF ANAHEIM BOULEVARD BEING N 0°02'38"W PER
PARCEL MAP RECORDED IN BOOK 110 PAGES 30 AND 31 OF PARCEL
MAPS.
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 17, 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
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 deternune the following facts:
1. That the proposed use, to construct an office building is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040 (Offices -
General) with waivers of the following:
(a) SECTION NO. 18.10.060.020.0201.02
(b) SECTION NO. 18.10.060.020.0202.02
Minimum landscape setback
adjacent to an arterial.
(20 feet required; 15 feet proposed)
Minimum landscape setback
abutting a freeway ri~ht-of-wav.
(15 feet required; 10 feet proposed)
2. That the above-mentioned waiver (a) is hereby approved as the site is unique because of
the property's irregular shape with frontages on two (2) public rights-of-way which significantly limits
the amount of usable land area which further limits the ability to provide the minimum setbacks,
required parking, and adequate circulation. The proposed setback would be consistent with the
property to the south along Anaheim Boulevard has an existing landscape setback of ten (10) feet.
3. That the above-mentioned waiver (b) is hereby approved as the portion of the property
adjacent to the SR-91 Freeway has an irregular shape. The widest portion of the landscape planter is
adjacent to the freeway on-ramp where it will be most visible and the portions of the landscape planter
of only ten (10) feet is adjacent to the freeway right-of-way which has landscaping ranging from sixty
(60) to seventy (70) feet wide.
4. That the proposed office building as conditioned herein would not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located.
5. That the size and shape of the size 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.
6. 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.
7. That a person representing Caltrans spoke with concerns/questions pertaining to the
traffic analysis.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim
Planning Commission has reviewed the proposal and does hereby approve the Mitigated Negative
Declaration and the associated Mitigation Monitoring Plan No. 146 upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative
Declaration 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 TT 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:
Prior to issuance of a building permit or within a period of one (1) vear from the date of this
resolution, whichever occurs first, the following conditions shall be complied with:
1. 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 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
Department, Community Services Division approval.
2. That an on-site trash truck turn-around 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.
3. That a plan sheet for solid waste storage, collection, and a plan for recycling shall be submitted to the
Public Works Department, Street and Sanitation 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 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 maJCimum 3-
foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted
for building pernuts.
5. That 4-foot high street 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 building permits.
6. That all new bacl~low equipment shall be located above ground and outside of the street setback area
in a manner 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
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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.
7. That all 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 Water
Engineering Division of the Anaheim Public Utilities Department.
8. 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.
9. That all existing water services and fire lines shall conform to current Water Service Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or abandoned if the existing water service is no longer
needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water
service of the fire line.
10. That the developer shall improve Anaheim Boulevard with an 8-foot wide parkway and 5-foot wide
sidewalk. The curb may remain in place and does not need to be relocated. Said information shall
be specifically shown on plans submitted for building permits.
11. That the parkway and sidewalk along Anaheim Boulevard shall be constructed with the 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 a
form approved by the City Attorney prior to 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. The improvements shall be constructed prior to final building and
zoning inspections.
12. 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 pernuts. Plans shall also identify the specific screening treatments of
each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).
13. That any existing public or private easements on the property that conflict with the building footprint
shall be abandon prior to issuance of building permits.
14. That any required relocation of City electrical facilities shall be at the developer's expense.
15. That gates shall not be installed across any driveway in a manner which may adversely affect
vehiculaz 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 prior to issuance of a building permit. Said information shall be specifically
shown on plans submitted for building permits.
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16. 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 standazds and driveway location. Subject property shall thereupon be developed and
maintained in conformance with said plans.
17. 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. Said information shall
be specifically shown on the plans submitted for building permits.
18. That street improvement plans shall be submitted for the modified traffic signal and related traffic
circulation improvements at the intersection of Commercial Street and Anaheim Boulevard to the
Public Works Department, Development Services Division for review and approval.
19. That a bond shall be posted for all traffic related street improvements, including, but not limited to,
traffic signals(including modification of the signals and relocation of signal poles and equipment),
directional signage, striping, and median islands as required for said project.
20. That a performance bond shall be posted to guarantee installation of right-of-way improvements in
an amount approved by the City Engineer and a form approved by the City Attorney. A Right-of-
way Construction Pernut shall be obtained from the Development Services Division for all work
performed in the right-of-way. The improvements shall be made prior to certificate of occupancy.
21. 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.
Prior to issuance of a grading permit, the following conditions shall be comnlied with:
22. That grading plans shall be submitted to the Public Works Department, Development Services
Division to improve Anaheim Boulevard in conformance with Public Works Standard Detail No.
110-B and the Department of Public Works Landscape and Irrigation Manual for Public Streets,
Highway, Right-of-way and Easements.
23. That a Drainage Study shall be prepared be prepared by a registered Civil Engineer in the State of
California. The study shall be based upon and reference the latest edition of the Orange County
Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the project area.
All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The study
shall include: an analysis of 10 and 100-year storm frequencies; an analysis of all drainage impacts to
the existing storm drain system based upon the ultimate project build-out condition; and address
whether off-site and/or on-site drainage improvements will be required to prevent downstream
properties from being flooded.
24. That it shall be demonstrated 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 to the State Water Resources Control Board and a copy of the subsequent
notification of the issuance of a Waste Discharge Identification (WDID) Number. A Stormwater
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Pollution Prevention Plan (SWPPP) shall be prepared and implemented. A copy of the current
SWPPP shall be kept at the project site and be available for City review on request.
25. 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, maacimizing 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 DAMP.
• Describes the long-term operation and maintenance requirements for the
Treatment Control BMPs.
• 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.
26. That a Lot Line Adjustment shall be submitted to the Public Works Department, Development
Services Division to merge the existing parcels into one (1) 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 final building and zoning insaections the following conditions shall be complied with:
27. That the Project shall make a proportionate share contribution to signalize the Anaheim
Boulevard/Carl Karcher Way intersection.
28. 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 Projects
WQMP are available onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan
for all structural BMPs.
29. That all street improvements shall be installed for the modified traffic signal and related traffic
circulation improvements at the intersection of Commercial Street and Anaheim Boulevard.
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30. That fire lanes shall be posted with "No Parking Any Time."
31. 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.
General conditions:
32. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
33. That all trash generated from this office building shall be property 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 sha11 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.
34. 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.
35. 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.
36. 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 putpose 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.
37. 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 dces not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE TT 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 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.
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THE FOREGOING RESOLIJTION was adopted at the Planning Commission meeting
of September 17, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
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CHAIR Al~y°,',ANAHEIM PL ING COMMISSION
ATTEST: `~
SECRETARY, ANAHEIM PLANNING CONIMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CTTY 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 September 17, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: CONIlVIISSIONERS: NONE
~l_1~, IN WTTNESS WHEREOF, I have hereunto set my hand this ~~~ day of
la ~ v~~ , 2007. _
~/l.vr G~ /~.r ~:•~~ : i
SECRETARY, ANAHEIM PLANNING COMMISSION
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