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Resolution-PC 2007-113• • RESOLUTION NO. PC2007-113 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05243 BE GRANTED (1841 WEST LINCOLN AVENUE) 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 2 OF PARCEL MAP NO. 2006-265, AS SHOWN ON A MAP FILED 1N BOOK 354, PAGES 32 AND 33 OF PARCEL MAPS, iN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 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 October 1, 2007, public hearing; 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 expansion of an existing commercial retail center and to establish land use conformity, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Commercial Retail Center) with waiver of the following: (a) SECTION NO. 18.08.060.010.0101 (b) SECTION NO. 18.46.110.020 Minimum landscape setback. (10 feet required; 5 feet proposed) Required block wall. ~8-foot wall required; none proposed) 2. That the above-mentioned waiver (a) is hereby approved as the minimum 10-foot landscape setback requirement would be shared between the subject property and the adjacent residential property to the north and west and therefore, an adequate buffer between the two uses would be provided. 3. That the above-mentioned waiver (b) is hereby approved as the required eight (8) foot tall block wall would be constructed by the future residential development to the north and west and therefore, screening of the two uses would be provided. - 1 - PC2007-113 • C~ 4. That the proposed commercial retail center as conditioned herein would not adversely affect the adjoining land uses and the growth and development of the azea in which it is proposed to be located. 5. 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 the health and safety. 6. That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the design of the commercial building provides adequate parking on-site and adequate access from Lincoln Avenue and Crescent Way. 7. That granting this 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. 8. 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: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study 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 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 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 the number of tenant spaces for this commercial retail center shall be limited to six (6). Said information shall be specifically shown on plans submitted for building permits. 2. 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 Department, Community Services Division approval. - 2 - PC2007-113 • • 3. 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 pernuts. 4. That trash storage areas shall be maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. 5. That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits. 6. That a final coordinated sign program for the entire center, including specifications for the monument sign and wall signs, shall be submitted to the Planning Services Division for review and approval as to placement, design, and materials. Said plans for the monument sign shall incorporate the material treatment and colors used on the building. The signage shall be designed to complement the architecture of the commercial retail center. Any decision by staff may be appealed to the Planning Commission as a"Reports and Recommendations" item. 7. That all requests for new water services, fire hydrants, or fire lines, as well as any modifications, relocations, or abandonment's of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. That since this project has a landscaping common 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 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.). 10. That any required relocation of City electrical facilities shall be at the developer's expense. 11. That plans shall be submitted to the Traffic and Transportation manager for his review and approval showing conformance with Engineering Standard No. 115 (10-foot radius curb returns for all driveways and sight distance visibility for the monument sign and wall location). 12. That any removal or relocation of any traffic signal equipment or any other related item to the traffic sign shall be at the developer's expense if the project requires street widening or new/modification of the driveway. 13. 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 thereupon be developed and maintained in conformance with said plans. - 3 - PC2007-113 • • 14. 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 incorporate refurbishment of the existing building and the new expansion, the use of stone or tile material, detailed information pertaining to the materials and colors proposed, and detailed information pertaining to the quality and design of proposed lighting. 15. That lighting fixtures shall be down-lighted and directed away from nearby residential properties to protect the residential integrity of the area. Said information shall be specifically shown on the plans submitted for building permits. 16. 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. 17. That final landscape plans shall be submitted to the Planning Services Division for review and approval. The said plan shall incorporate broad headed evergreen trees planted at 20 foot on center adjacent to the north and west property lines. Said plans shall show 24-inch box size trees along Crescent Way, shrubs, groundcover, and clinging vines to be planted in layers on all walls visible from the public right-of-way and within landscape setbacks. The landscape material selected shall be appropriate to the width of the planter area. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a"Reports and Recommendation" item. 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. 18. That the property owner shall submit a letter requesting termination of Variance No. 2476 (waiver of (a) permitted uses, (b) minimum number of parking spaces to establish an outdoor lot for display and sales of mobile homes in conjunction with an existing shopping center), Conditional Use Pertnit No. 3589 (to permit an automotive repair and parts installation facility) to the Planning Services Division. 19. That the applicant shall abandon any City of Anaheim public utilities easements that conflicts with the proposed building footprint. Prior to final building and zonin~ insqections the followin~ conditions shall be complied with: 20. 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 3, and as conditioned herein. General Conditions: 21. That no video, electronic or other amusement devices shall be permitted on the premises. 22. That all public phones shall be located inside the building. 23. That no outdoor vending machines that are visible to the public right-of-way shall be permitted on the property. - 4 - PC2007-113 • . 24. That all trash generated from this commercial retail center 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. 25. 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. 26. 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. 27. 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. 28. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 29. 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. 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 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. - 5 - PC2007-113 ~ s THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 1, 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. ~~ ~ . -,(~~ ,~ /~ ~~ ~~ ~:~ i 1X ~ ( i_. ~ , " %~~ ~r ~'-:__.--~-- CHAIYZMAI~T~ANAHEIM ~L~INNING CONIlVIISSION . A' ~~ ~ SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COLTNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 1, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BLJFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE , I IN WITNESS WHEREOF, I have hereunto set my hand this ~C~~/~ day of ~ r~ , Zoo~. SR`~ECRETARY, ANAHEIM PLANNING COMMISSION - 6 - PC2007-113