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Resolution-PC 2008-91RESOLUTION NO. PC2008-91 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1(EXI3TING FACILITIES), AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05333 (6300 - 6398 East Santa Ana Canyon Road) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Permit to permit the expansion of an exisring shopping center by dividing one tenant space into two, for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, this property is cunently developed with a commercial retail center within the General Commercial (C-G) zone, Scenic Corridor (SC) Overlay, and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the applicant has requested to permit the expansion of a commercial retail center pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the proposed request to permit the expansion of an existing shopping center by dividing one tenant space into two includes waiver of the following: (a) SECTION 18.44.110AI OA103 Maximum letter height for a wall sien (24 inch maximum letter heieht permitted for a 1 to 3-storv buildine; 35 to 37 inch letter heieht prooosedl WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 15, 2008, at 2:30 p.m., notice pf said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipai Code, Chapter 18:60 "Procedures", to hear and consider evidence for and against said proposed request 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: 1. That the proposed request to permit the expansion of an existing shopping center by dividing one tenant space into two, and allow wall signs larger than permitted by Code and the sale of alcoholic beverages wikhin a market for off-premises consumption is properly one for which a conditional use permit is authorized under Code Section 18.10.030.040.0402 of the Anaheim Municipal Code. 2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the proposed division of a large anchor tenant space into two will not intensify the existing commercial activities of the retail center, and that the division of space will result in physical improvements to the retail center including ADA -1- PC2008-91 compliance parking spaces and walkways, that will improve existing site conditions. In addition, the division of the retail unit into two units will not negatively impact the existing pazking. _,. _. 3. That the size and shape of khe site for the use is adequate to allow the use in a manner not detrimental to either the particular area or health and safety as the property is fully developed and there is sufficient parking to provide for the commercial retai] center. 4, That the traffic generated by the use of the property as a commercial retail center will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the 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. 6. That waiver (a) is hereby approved based on the proposed wall signs being appropriate for the scale and height of the building and the location of the building in relation to the adjacent streets. 7. That no one indicated their presence at said public hearing in opposition; and that no9 correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falis within the definition of Categorical Exemptions, Section 15301, Class 1(Existing FaciliYies) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve Conditional Use Permit No. 2008-05333 with a waiver of maximum letter height for wall signs subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated herein 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 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 duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chaptsrs 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 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 thaY the applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. -2- PC2008-91 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of 3eptember 15, 2008. 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. CHAIRMAI~j, ANAHEIM PLANI~ING COMMISSION ATTEST: /~ < v `~ SENIOR ~CRETARY, ANAHEIM PLANNING COMMISSION 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 September 15, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of September, 2008. ~--. SENIOR~CRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-91 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2008-05333 -4- PC2008-91 , °~ ~' Source: Recorded Tract Maps and/or City GIS. ~ ~D Please nate the atturacy Is+h Rvo to five feet. EXHIBIT °LB" CONDITIONAL USE PERMIT NO. 2008-05333 RESPONSIBLE NO. FOR CONDITIONS OF APPROVAL MONITpRING ~~~~~ 63'' Y ' ~~~~~~~ ~~~~~~~~ ~~~~ ~~~ ~~'~ ` ~~ ~" L~ r6.. ~~ ' $ ~ , ~ lr 3T. ~ ~ ,~ ~ n -~Y .("r ~NIi~Y l . ..e.s~~ ,'Y. et xllr r S 1 That prior to the issuance of a sign permit, wall signs with a maximum Planning letter height of 37-inches for the 14,997 squaze foot commercial tenant space adjacent to Fresh & Easy Market shall be submitted to Planning Department for review and approval. 2 That prior to the issuance of a building permit, plans shall be submitted Public Works showing conformance with the current version of Engineering Standazd Details 436 and 470 pertaining to parking standazds. Subject property shall thereupon be developed and maintained in conformance with said plans. ~ILL ~L ~` ~ ~~~ ll~~~~1 ~ ~~LY11 t': Sl ~~~~~~~ N " ~ ~ n f K M ~ ~ ' L , N ,Y ~ I, .C,. ~ e..,;:: ~~ ,. . f v_ s i ~~,,:' i < .,i,,F.r ~.,.,. . 3 That prior to final building and zoning inspection, fire lanes shall be Public Works posted with "No Parking Any Time." Said information shall be specifically shown on plans submikted for building permits. 4 That all existing water services and fire lines shall conform to current Public Urilities Water Services 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 service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. ~.LO~~ - ~,-s, ~.,.e`~d'!.~l a..v+ l' ?`~y,i~f. $~ 5'hi^Y~' r. vx ' _~ ~ S~ ~ s Fidt ~' 'n~ ~`~,~`~ ~ ,L 2 2~h ~ ~ l/ rr',~"""'.* ~ r ~: tv5 =X : , . , , . .. w .. or. .. , r , .. . .~ ~,cN, ~ , r , - . ~ 5 That on-going during project operation, no required parking areas shall Public Works be fenced or otherwise enclosed for outdoor storage uses. 6 That four feet high street address numbers shall be displayed on the roof Police of the building in contrasting color to the roof material. The lines of the numbers are to be a minimum of six inches thick. Numbers should be spaced 12 to 18 inches apart. Numbers should face the street to which the structure is addressed. The numbers shall not be visible to adjacent streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. -5- PC2008-91 7 Each different unit within the shopping center shall have its particulaz Police address displayed on its front and rear doors or directly above the front and rear doors. 8 Alt exterior doors to have adequate security hardware, e.g. deadbolt Police locks. 9 Monument signs and addresses shall be well lighted during hours of Police darkness. 10 Adequate lighting of parking lots and associated carports, shipping and Police receiving areas, driveways, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of a minimum 1 foot candle to provide adequate illumination to make clearly visible the presence of any person on or about the premises Planning during the hours of darkness and provide a safe, secure environment For all persons, property, and vehicles on-site. Said lighting shall be directed, positioned ad shielded in such a manner so as not to unreasonable illuminate the windows of neazby businesses. I 1 That "No Trespassing 602(k) P.C." shall be posted at the entrances of Police parking lots/structures and located in other appropriate places. Signs must be at least 2' x 1' in overall size, with white background and black 2" lettering. 12 That all entrances to parking areas shall be posted with appropriate signs Police per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. 13 That the applicant shall maintain on file an Emergency Listing Card, Police Form APD-281, with the Police Department. 14 That all trash generated from this commercial retail center shall be Planning 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 Code Enforcement Division of the Planning Depariment sha11 determine the need for additipnal 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. 15 That any tree or other landscaping planted on-site shall be replaced in a Planning timely manner in the event that it is removed, damaged, diseased and/or dead. 16 That no roof-mounted balloons or other inflatable devices shall be Planning permitted on the property. -6- PC2008-91 17 That no outdoor vending machines shall be permitted on the property. Planning 18 That the property shall be permanently maintained in an orderly fashion Planning by the provision of regular landscaping maintenance, removal of trash or ' debris, and removal of grafEiti within twenty-four hours from time of occurrence. 19 That there shall be no public telephones on the premises located outside Planning the building. 20 That any loading and unloading of products associated with the Planning commercial center shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. 21 Trash storage azea(s) shall be provided and maintained in location(s) Public Works acceptable to the Public Works Deparnnent, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage azeas shall be designed, located and screened so as not to be readily identifiable to adjacent streets or highways. The walls of the storage azeas shall be protected from graffiti opportunities by the use of plant materials such as minimum one gallon sized clinging vines planted on maximum three foot centers, or tall shrubbery. Said information shall be specitically shown on plans submitted for building per[nits. 22 Any new roof-mounted equipment shall be completely screened from Planning view from all directions in complia~ce with Sec6on 18.38170 of the Anaheim Municipal code. Said information shall be specifically shown on plans submitted for building permits. 23 The parking lot shall be maintained in good condition free of trash and Planning debris. 24 That subject property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file wikh the Planning Department marked Exhibit Nos. 1 through 8, and as conditioned herein. 25 Timing for compliance with conditions of approval may be amended by Planning the Planning Director upon a showing of good cause provided (i) equivalent timing is estabiished that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipa] Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 7- PC2008-91 26 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. - 27 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. -8- PC2008-91 City of Anaheim PLANNII~IG IJEI'A~ZT~IIEIVT wwvi.anahzim.net September 23, 2008 Eli Beas The Bergman Companies 13745 Seminole Dr. Chino, CA 91710 SUB7ECT: CONDITIONAL USE PERMIT NO. 2008-05333 / PC2008-91 PUBLIC CONVENIENCE OR NECESSITY PERMIT NO. 2008-00045 / PC2008-92 Dear Mr. Beas: Congratulations! Your proposed project at 6300-6398 East santa Ana Canyon Road was approved by the Ptanning Commission on September 15, 2008. Enclosed is a copy of the Planning Commission's decision. Keep in mind that this decision will not be final until the twenty-two (22) day appeal period expires. If an appeal is made or if the City Council decides to hold an additional public hearing, your project planner will notify you immediately and provide you the date of the public hearing. The action of the Planning Commission is contained in the attached resolution. You will notice the resolution has a table containing conditions of approval related to your project. The City department responsible for monitoring this condition is listed i~ the last column (i.e. Planning, Public Works or Police). Please contact Ted White, (714) 765-4949, twhite@anaheim.net, to discuss the next step for moving your project forward. I have also attached a process flow chart so you know what remaining steps are necessary to complete your project. Please keep these documents in a secure place. In the event the property is sold, provide the attached resolution to the new/prospective property owner. Thank you for choosing Anaheim for your project. Make sure to complete and return the enclosed survey regarding our process. If there is any way we can improve our service, please let us know. - Sincer ly, C CJ strup AICP PI ning S ices Manager Enclosures c: Redondo Investments Co., P.O. Box 14478, Long Beach, CA 90803 Orange County Harbors, 6396 E. Santa Aqa Cyn. Rd., Anaheim, CA 92807 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, Calitornia 92803 TEL (714~765-5139