Resolution-PC 97-63~ ~
RESOLUTION NO. PC97-63
A RESOLl1TION OF THE ANAHEIN! CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 4303 BE GRANTED
WHEREAS, tha Anaheim Ciry Planning Commission did receive a verffied Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of Califomia
described as:
PARCELS 1 AND 2 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 4 OF PARCEL
MRPS, IN THE OFFICE IF THE COUNTY RECORDER OF ORANGE COUNTY,
CAUFORNIA.
WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center in
ths Ciry of Anaheim on May 12, 1997, 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 Anahaim Municipal Code, Chapter 18.03, to
hear and consider evidence for and against said proposed variance and to investigate and make flndings
and recommendations in connection therewfth; and
WHEREAS, said Commission, aiter due inspection, investigation and study made by itself
and in fts behalf, and aftsr due consideration of all evidence and reports offered at said hear(ng, does flnd
and determine the following facts:
1. That the petftioner proposes waivers of the following to construct a 105,984 sq.ft. home
improvement sales building with a 24,723 sq.ft. foot garden center:
(a) Sections 18.04.060.050 - Minimum oark(na lot landscaaina.
18.06.030.040 (37 landscaaed planters requiTed to separate every
and 18.44.066 10 adjacent parking spaces;
24 landscaaed planters proposed)
(b) Sections 18.06.050.022 - Minimum number of aarkinq soaces.
1 s.o6.080 (688 soaces required;
roposed and recommended by the Ciry Traffic and
aces
551 s
and 18.44.066.G50 p
p
Transportation Manager)
2. That waiver (a) is hereby approved on the i~asis that there are special circumstances
applicable to the property consisting of location and surroundings, which do not apply to other identically
zoned properties in the vicinfry;
3. That strict application of the Zoning Code deprives the property of privifeges enjoyed by
other properties under identical zon(ng ciassiflcation in the viciniry;
4. That the parking ~vaNer (b) is hereby approved based on the information provided in the
traffic study (as reviewed and approved by the Ciry Traffic and Transportat(on Manager) and the information
contained in paragraph nos. 21 and 30 of the Staff Report to the Planning Commission dated May 12,1997;
5. That the waiver (b), under the conditions imposed, wfll not cause fewer off-street parking
spaces to be provided for such use than the number of such spaces necessary to accommodate ail vehiclss
attributable to such use under the normal and reasonably foreseeable condftions of operation of such use;
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6. That waiver (b), under the condftions imposed, will not increase the demand and competftion
for parking spaces upon the public streets in the immediate vicinity of the proposed use because the
prcposed on-site paricing and circulation are adequate and will not negatNely affect the surcounding land
uses;
7. That waNer (b), under the conditions imposed, will not increase the demand and competition
for parking spaces upon adjacent private property in the Immed(a2e viciniry of the proposed use (whfch
property is not expressly provided as parking for such use u~ cier an agrPement in compliance with Section
18.06.010.020 of this Code);
8. That waiver (b), under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for such use;
9. That waiver (b), under the condftions (mposed, will not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the immediate vicinity of the proposed use; and
10. That three (3) people in favor of the proposal and one (1) person in opposition (ndEcated
their presence at said pubi(c hearing; and that no correspondence was received in opposftion to subject
pe4ition.
~;ALIFORNIA EPIVIRONMENTAL QUALITY ACl' FINDING: That the Anaheim City Planning
Commission has reviewed the proposal fior waivers of minimum parking lot Iandscaping and minimum
number of parking spacgs to construct a 105,984 sq.ft. home improvement sales building wfth a 24,723 sq.ft.
foot garden center on an a rectangularly-shaped parcei of land located on the north side of Grumercy
Avenue between Brookhurst Street and Valley Street and having frontages of i40 feet on the north side of
Gramercy Avenue, 520 feet on the east side of Brookhurst Street and 620 feet on the west side of Valley
Street, and further descr(bed as 714 North Brookhurst Street; and does hereby find that the previously
certified EIR No. 319 is adPquate to serve as the requ(red environmental documentat(on.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Plann(ng Commissfon does
hereby grant subject Petitfon for Variance, upon the ~ollowfng conditions wh(ch are hereby found to be a
necessary prerequi~fte to the proposed use of the subject properry in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That there shall be no parking lot displays other than by approval of a Special Events Permit.
2. That the business owners shall, at their expense, hire and maintain a full-time security officer to patrd
the parking lot beginning two (2) hours prior to the cpening of the business until ihe close of business
for the purpose of prever.ting loftering on the premises.
3. That the business owner operator shall designate an employee to monftor the parking lot for shopping
cart retrieval every th(rty (30)minutes during operating hours. The business operator shall also post
sfgns on the property and label individual carts prohibiting the removal of carts from the property.
4. That public telephones shall be permitted only inside the building.
5. That the bus(ness owner/develoFer shall submit revised building elevatfon plans, induding elevat(on
plan~ far the enclosure of ihe garden center showing p(Ilars and dark black ot green vfnyl materfals,
and screening plans showing the screening on Valley Street behfnd the landscaping and screening of
the loading area, to the Zoning Div(sion for review and approval by the Planning Commission as a
'Reports and Recommendations' ftem.
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6. That the business owner/developer shall submi-. roof plans specifying all roof-mounted equipmem and
screening devices to the Zoning Division for review and approvai by :he Commission as a"Reports and
Recommendations' item.
7. That the business owner/deveioper shall submft revlsed sign plans #or a freestanding monum9nt-type
sign wfth a maximum height of eight (8) feet (to replace the proposed fifty [50] foot high free~~tanding
pole sign shown on the submitted exhibits) to the Zoning DNision for review and approval 5y.the
Commission as a'Reports and Recommendations" ftem.
8. That the business owner/develo~er ~hall submit a rev(sed landscapfng plan showing aC~itiona!
landscaping including vine pockets adjacer~t to the east building elevation (facing Valley Street) arxi
an addit(onal thirteen (13) trees in the parking lot in twenry flve (25) square foot planters, to the Zoning
DNision for review and approval by the Commission as a"Reports and Recommendations' ttem.
9. That the petitioner shall be responsible for comp~lance with all mitigation measures wfthfn the assigned
time frames and any direct costs assocfated ~vfth the attached Mftigation Monftoring P!ogram No. 73-A
as established by the Ciry of Anaheim and as required by Section 21081.6 of th~ Public Resources
Code to ensure implementation of those identif(ed mftigation measures.
10. That the granting of the parking waiver is contingent upon operation of the use in conformance with
the assumptions reiating to the operation and intensiry af use as contained in the parkfng demand
study that formed the basis for approval of said waiver. Exceeding, v(dating, intensifying or otherwise
deviating from any of said assumptions, as contained !n the park?s?~s :iemand study, st~ail be deemed
a violation of the expressed conditions imposed uRon said waN ~r which shall subJect this variance to
terminat(on or modiflcation pursuant to the provisfons of S~;:ions 18.03.091 and 18.03.092 of the
Anaheim Municipal Code.
11. That plans shall be submitted to the City Traffic arv1 Transpor4ation !~anager for his review and
approval show(ng cor~formance with the latest revision of Engineering ;:anda-d Plan Nos. 436 and 602
pertaining to parkfng standards tnd driveway locations. Subject pro~erty shall thereupon -x~ developed
and maintafned in confnrmance wfth said ulans.
12. That all driveways on Gramercy Avenue and Yaliey Street six.si be conszructed with ten (10) foot radius
curb retums as required by the Ciry Engineer (n conformance vusih En,o,3neering Star~dard No. 137.
13. That there shall be no fenced, unfenced or otherw(se encfosed aroas for outdoor storage uses or
d(splay wfth the exception of the garden center arxi by approval uf a Special Event Permit.
14. That plans shall be submltted to the Ciry TrafFic and Transpor4ation Manager for review and approva!
showing conformance wfth Eng(neering Standard No. 137 pertafning to sight distance vfsibility for the
sign or wall/fence locatinn.
15. That 'no sto~ping any time" signs shall be posted along the frontages of this development on the
follow(ng streets: Brookhurst Street, Gramercy Avenue and Valley Street.
16. That a striping and signing plan for Brookhurst Street (induding raised median island), Gramercy
Avenue, and the intersection of Brookhurst Street/Sequoia Avenue shall be submitted to the City Trafflc
and Transportation Manager for review and approval.
17. That a traffic signal plan for the intersection ot Brookhurst Street and Sequoia Avenue (the preposed
entranre Yo the proposal) shall be submitted to the Cfty Traffic and Transportation Manager for review
and spproval, and that said traffic signal shall be installed by the property owner/developer.
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18. That a fafr share of traffic signal maintenance costs including preventNe or extraordinary maintenance,
unrecoverable damages and elecMcal costs shall be paid by the property owner/developer. The City
of Anaheim will bill for these costs on a regular basis.
19. That trash storage areas shall be provkled and maintained in a location acceptable to the Public Works
Department, Streets and Sanitation DNision, and in accordance wfth approved plans on file with said
Department. Such information shall be specifically shown on the plans submitted for building permits.
20. That a plan sheet for solid waste storage and collection and a plan for recyding shall be submitted to
the Public Works Department, Streets and Sanitation DNision, for review and approval.
21. That an on-site trash truck tum-around area shall be provided and maintained to the satisfaction of the
PubUc Works Department, Streets and Sanitation Division. Said tum-around area shali be specifically
shown on plans submitted for building permits.
22. That the water backflow equipment anc any other large water system equipment shall be installed to
the satisfaction of the Water Utility DNision in either underground vaults or behind the street setback
area in a manner fully screened from all public streets and aileys.
23. That the developer shail submit a water qualiry management plan (WQMP) specffically ident'rfying the
~est management practices that will be used on site to contrd predictable pollutants from stormwater
runoff. The WQMP shall be submitted to the Public Works Engineering Department, Development
Servlces DNision, for review and approval.
24. That a lot Iine adjustrrant to merge the four (4) existing parcels shail be submitted to the Subdivision
Section and approved by the Ciry Engineer and then recorded in the Office of the Orange Counry
Recorder.
25. That prior to grading plan approval, the develope~ shall file a Notice of intent to obtain coverage under
the NPDES statewide Industrial Stormwater Permft for General Construction ActNfties from the State
Water Resources Control Board.
26. That trees shall not be unreasonably tr(mme~d to increase visibflity to the facility.
27. That three (3) foot high street address numbers shall be p~inted on the roof in a contrasting cdor to
the roof materials. Said address numbers shall not be visi~le from ground level.
28. That the owner/developer shall install a landscaped n'-edian Isiand in Brookhurst Street from Crescent
Avenue to Sequola Avenue and tandscaping along the Brookhurst Street nnd Gramercy Avenue
frontages of the proJect sfte, in conformance with the streetscape plan for the Brookhurst Commercial
Corridor. Shoutd the fnstallation of the landscaped median as proposed be impractical (as determined
by the Gty Engineer and the Communfry Development Department), the owner/developer may make
an in-lieu payment to the Ciry equNalent to the dffference beriveen the cost of the proposed
landscaped median and the modian actually approved for construction, subJect to review and approval
by the Communiry De~~lopment Department of a cost estimate prepared Cy the owne-/developer
quantifyfng the amount of the in-Ileu payment. If the owner/developer elects to make an fn-Ileu
payment, it shail be made prior to the issuance of building permits and used to implement the
Brookhurst Commercial Corridor streetscape plan in adJacent public areas.
29. That this Varfance is granted subJect to adoption of a zoning ord(nance in connectlon with
Redassiflcation No. 96-97-06, now pending.
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30. That subject properry shall be developed su ~one~and which aans arehan file w h the Plantning
submitted to the City of Anaheim by the pet P~.
Departmerrt marked Exhibit Nos. 1 through 5, and as conc!itioned herein.
31. That prior to issuance of a building permit or within a period of one (1) Year from the date of this
resoiu[ion, whichever occurs ftrst, Condition Nos. 5, 6, 7, 8, 11, 14, 16, 17, 19, 20, 21, 23, 24, 28, 29,
arxJ 34, above-mentioned, shail be complied wfth. Extensions for further time to complete said
condftions may be 9ranted in accordance with S~ction 18.03.090 of tfie Anaheim Municipal Code.
32. That prior to fina~ building and zoning inspections, Condition Nos. 3, 12, 15, 22, 27, 28 a~d a0~
above-mentioned, shall be complied with.
33. That approval of this application constitutes approval of the propased request only to the extent that
i~ complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not fnclude any ac4ion or findings as to compliance or approval of the
requeM regarding any other applicabie ordinance, regutation or requirement.
34. That the owner of subject properry shal! submft a letter requesting termination of Condftional Use
Permit No. 2604 (to permit an automob(la repair and towing faciliry wfth waNers), Conditional Use
Permit No. 2802 (to retain an auto towing, impound, and repair facility witi~ waNers) and Condftional
Usa Permft No. 2958 (to retain a 672 sq.ft. b(Ilboard with a waiver) to the Zoning Division.
BE IT FURTHER RESOLVED that :he Anaheim City Planning Commission dces hereby flnd
and determine that adoptton of this Resolution is expressly predicated upon appl(canYs compilance with
each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be
declared inval(d or unenforceable by the flnal judgment of any court of competent Jurisdictlon, 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
May 12, 1997. ~
CHAIRPERSON, ANAH IM CITY PLAhNING COMMISSION
ATTEST:
' ~ ~ ' U~
SECRETARY, A AHEIM CITY PLANNING COMMISSION -
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STATE OF CALIFORNiA )
COUNTY 0~ ORANGE ) ss.
CITY OF ANAHEIM )
I, INargarita Solorio, Seccetary of the Anaheim Ciry Planning Commission, do hereby certify
that the foregoing rssolution was passed and adopted at a meeting of the Anaheim City Planning
Commisslon held on May 12, 1997, by the following vots of the members thPreof:
AYES: COMMISSIONFRS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER
IN WITNESS WHEREOF, I have hereunto set my hand this oC0' _~day of ~~~
1997. ~ ~~
SECREiARY, ANAHEIM CITY PLANPIINCx COMMISSION
t
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