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Resolution-PC 2008-100RESOLLTfION NO. PC2008-100 A RESOLUTION OF THE ANAHEIM PLANNING CONIMISSION DETERMINING THAT A PREVIOUSLY-APPROVED CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AIYD APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2007-05226 AND RESOLITTION NO. PC2007-85. (1112 NORTH BROOKF-NRST STREET AND 2157-2165 WEST LA PALMA AVENUE) WHEREAS, on July 23, 2007, the Anaheim City Planning Commission, by its Resolution No. PC2007-85, did approve Conditional Use Permit No. 2007-05226 to expand an existing commercial retail center and to construct a drive-through coffee shop; and WHEREAS, the project is comprised of two contiguous properties, one of which is currently developed with a commercial retail center and the other is vacant, and are located in the GG (BCC) (General Commarcial - Brookhurst Commercial Corridor Overlay) zone; that the Anaheim General Plan designates this property for General Commercial land uses; and WF3EREAS, the Anaheim Planning Commission did receive a verified Petition for certain real property in the City of Anaheim, County of Orange, State of Califomia, shown on Exhibit A, attached hereto and incorporated herein by this reference for an amendment to previously-approved Conditional Use Permit No. 2007-05226 to modify the approved plans to increase the number of units from 12 to 14 and to pernvt a convenience market; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 13, 2008, 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 amendment to the conditional use pernvt 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: l. That an amendment to the conditional use pemut to modify plans to increase the number of units from 12 to 14 and to pemut a convenience market is permitted under authority of Code Section 18.60.190; 2. That an amendment to the conditional use pernut will not adversely affect the adjoining land uses or the growth and development of the area because the addition of two units including a convenience mazket is consistent with the uses on the property and in the vicinity; 3. That the size and shape of the site for the commercial retail center, as amended, is adequate to allow full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfaze because appropriate areas have been designated for pazking and circulation; - 1 - PC2008-100 4. That granting of the amendment to 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 because the requested modifications would allow activities to be conducted on-site and are consistent with uses predominantly surrounded by other commercial uses; 5. That the amendment will not cause fewer off-street parking spaces to be provided for the commercial retail center than the number of spaces necessary to accommodate all vehicles for employees and visitors and is consistent with the analysis of the previously- approved parking demand study prepared by Rafiq and Associates in July 2p07; and 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. WHEREAS, the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously-approved in connection with Conditional Use Permit No. 2007-05226 is adequate to serve as the required environmental documentation in connection with this request. NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional Use Permit No. 2007-05226 as requested by the applicant. BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2007-85 and as adopted in connection with Conditional Use Permit No. 2007-05226, as described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations oFthis permit may be processed in accordance with Chapters I 8.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipai Code. BE IT FURTHER RESOLVED that the Anaheim 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 declazed invalid or unenforceable by the final judgment of the court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. - 2 - PC2008-100 BE IT FURTHER RESOLVED that the property owner/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, prior to the issuance of building permits or commencement of - activity for this project, whichever occurs first, Failure to pay all chazges shall result in delays in the issuance of required permits or the revocation of the approval of this application THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 13, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ~ ~ CHAIRMA , AN HEI LANN G ISSION ATTEST: SENIOR~fSE~RETARY, ANAHEIM PLANNING COMM[SS[ON STATE OF CALIFORNIA ) COUNTY 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 13, 2008, by the Following vote of the members thereo£ AYES: COMMISSIONERS: EASTMAN, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, BUFFA IN WITNESS WHEREOF, I have hereunto set my hand this 16`h day of October, 2008. ~~ SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2008-100 EXHIBIT ~°A" CONDITIONAL USE PERMIT NO. 2007-05226 H W W ~ H ~ ~ ~~/ I.I~ ~T 1 Y O O ~ m ~.:~ ~~ r.:~ H ~ ~ ~ ~ O J LA PALMA AVE Saurce: Rawrded Tract Maps and/or C0y GIS. Please no~e ihe accuracy is+/- pvo to five feel. - 4 - PC2008-100 EXHIBIT °GB" CONDITIONAL USE PERMIT NO. 2007-05226 Responsible for No. Conditions of Approval Monitoring PRIOR T( ) ISSUANCE 0~,4 G~f1 DING PERMLT <;; ;" ., , ~ ,, ' 1 That the applicant shall submit to the Public Works Department, Development Public Works Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Pracrices (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 Treahnent Control BMPs as defined in DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. o Describes the long-term operation and maintenance requirements for the Treahnent Control BMPs. e Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs. 2 That the applicant shall obtain a demolition permit for demolition of existing Planning structures. PRIOR TO ISSUANCE OF'BUILDING PERMIT - 3 That the number of tenant spaces for this commercial retail center shall be limited Planning to fourteen (14). Said information shall be specifically shown on plans submitted for building permits. 4 That the property owner shall submit plans which detail the lighting system for Planning any parking facilities adjacent to residential uses. The systems shall be designed and maintained in such a manner as to conceal light sources to the extent feasible to minimize light spillage and glare to the adjacent uses. All lighting fixtures, types and locations shall be identified on the plan submitted for building permits. 5 That 4-foot high street address numbers shall be displayed flat on the roof of the Planning building in a color that contrasts with the roof material. The numbers shall not be Police visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. - 5 - PC2008-100 Responsible for No. Conditions of Approval Moniforing 6 That a plan sheet for solid waste storage, collection and a plan for recycling shall Public Works be submitted to the Public Works Department, Streets and Sanitation Division for . review and approval. 7 That trash storage azeas shall be provided and maintained in a location acceptable Public Works 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. A decorative trellis feahue shall be installed across the top of all Yrash enclosure areas. 8 That an on-site trash truck turn-around area shall be provided per Engineering Public Works 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. 9 That the project shall provide for accessible truck deliveries on-site. Said Pla~ning information shall be specifically shown on plans submitted for building permits. 10 That a final coordinated sign pragram for the entire center, including Planning specifications for the monwnent 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 stone treatment used on the building. The signage shall be designed to complement the architecture of the commercial retail center. Said plans shall also indicate the removal of the existing non-conforming pole sign adjacent to Brookhurst Street. Any decision by staff may be appealed to the Planning Commission as a"Reports and Recommendations" item. 11 That all new backflow equipment shall be located above ground and outside of Public Utilities the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shal] be brought up to current standazds. Any other lazge 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. Said information shall be specifically shown on plans and approved by the Water Engineering Department. - 6 - PC2008-100 _ ._. Responsible for No. Conditions of Approval Monitoring 12 That all requests For new water services, fire hydrants, or fire lines, as well as any, Public Utilities modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 13 That since this project has a landscaping common azea exceeding 2,500 square Public Utilities feet; a sepazate 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. 14 That the locations for future above-ground utility devices including, but not Planning 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.). 15 That any required relocation ofCity electrical facilities shall be at the developer's ' Public Utilities expense. 16 That any removal or relocation of any traffic signal equipment or any other Public Works related item to the traffic signal shall be at the developer's expense if the project requires street widening or new/modification of the driveway. 17 That building and parking lot lighting shall be decorative. Additionally, lighting Planning fixtures shall be down-lighted and directed away from nearby residential properties to protect the residential integrity of the area. Said information shall be Community specifically shown on the plans submitted for building perrrtits. Light fixtures Development shall be subject to the approval of the Planning Director and Community Development Director. 18 That all plumbing or other similar pipes and fixtures located on the exterior of the Planning 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. 19 That the applicant shall abandon any City of Anaheim public utilities easements Public Utilifies that conflict with Yhe proppsed building footprint. 20 That a Lot Line Adjustment shail be submitted to the Public Works Department, Public Works Engineering Division, Development Services to adjust the property line. The Lot Line Adjustment shall be approved by the City Engineer and recorded in the office of khe Orange County Recorder. - 7 - PC2008-100 Responsible for No. Conditions of Approval Monitoring 21 That an alarm system or security key or card pad shall be provided for the reaz Planning entry of Building "C" to ensure access limitations to employees only. 22 That street improvement plans with landscaping and irrigation to improve La Public Works Palma Avenue shall be submitted to the Development Services Division of the Public Works Deparhnent. Said plans shall indicate a 5-foot wide sidewalk and 5-foot wide parkway with landscaping along Brookhurst Street and La Palma Avenue. Street trees along La Palma Avenue shall be per the City's Master Plan. Irrigation in the public right-of-way along La Palma Avenue shali be connected to the on-site irrigation system and maintained by the property owner. A right-of- way construction permit shall be obtained from the Development Services Division of the Public Works Deparhnent for all work performed in the right-of- way. The improvements shall be constructed prior to final building and zoning inspections. 23 That the westerly driveway approach along La Palma Avenue shall be removed Public Works and replaced with a new curb and gutter, parkway landscaping and sidewalk. The remaining driveway approaches on Brookhurst Street and La Palma Avenue shall be removed and reconstructed per Engineering Standard Detail No. 115-B. 24 That decorative hardscape patterns shall be installed on-site at each driveway on Planning La Palma Avenue and Brookhurst Street with a minimum depth of 5 feet. The wlor and pattem shall be subject to the approval of the Community Development Community Director. Said information shall be specifically shown on the plans submitted for Development building permits. PRIOR T( 1 FINACBUIL-I14~G.~ND20NIN~IN~PECTI~N..` .` 25 That prior to final building and zoning inspection, the applicant shall: Public Works o Demonstrate khat ali structural BMPs described in the Project WQMP have been constructed and installed in conforntance with approved plans and specifications. o Demonstrate that the applicant is prepazed to implement all non- structural BMPs described in the Project WQMP. o 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. - 8 - PC2008-100 26 That an Emergency Listing Card, Form APD-281 shall be completed and Police submitted in a completed form to the Anaheim Police Deparhnent. ~ GENERAG 27 That there shall be no outdoor storage on the property. Code Enforcement 28 That no video, electronic or other amusement devices shall be permitted on the Code premises without appropriate permits. Enforcement 29 That all public phones shall be located inside the building. Code Enforcement 30 That no outdoor vending machines that are visible to the public right-of-way shall Code be permitted on the property. Enforcement 31 That all trash generated from this commercial retail center shall be properly Code contained in trash bins located within approved trash enclosures. The number of Enforcement 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 Preservarion Division of the Planning Department shall determine i 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. 32 That the property shall be permanentiy maintained in an orderly fashion through Code the provision of regular landscaping maintenance, removal of trash or debris, and Enforcement removal of graffiti within twenty-four (24) hours from the time of discovery. Public Works 33 That any tree or other landscaping planted on-site shall be replaced in a timely Code manner in the event that it is removed, damaged, diseased and/or dead. Enforcement 34 That subject property shall be developed substantially in accordance with plans Planning and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1, 3, 5, 6, 7, 8, 9 and Exhibit Nos. 2 and 4 of Conditional Use Permit No. 2007-05226, and as conditioned herein. 35 That timing for compliance with conditions of approval may be amended by the Planning 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. 36 That extensions for further time to complete conditions of approval may be Planning granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. - 9 - PC2008-100 No. Conditions of Approval Responsible for Monitoring 37 That approval of this application constitutes approval of the proposed request Planning 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. - 10 - PC2008-100