Resolution-PC 99-180RESOLUTION NO. PC99-180
A RES~LUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLULTIOh NO. PC99-129 ADDOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 4135
WHEREAS, on July 7, 1999, Resolution No. 99-129 was adopted by the Anaheim City
Planning Commission to approve Conditional Use Permit No. 4135, in part, and permit expansion of an
existing restaurank, addition of an outdoc: dining area in conjunction with conversion of two units into a
restaurant, subdivision of three units into three retail units and nine o~ce units for a total of 55 units in the
commercial center, and construction of three monument signs, with waivers of permitted commercial
identification and minimum number of parking spaces); that construction of a 1-story retail pad building
with roof-mounted equipment and construction of a fourth monument sign were denied; and that said
resolution includes the following conditions of approval:
19. That the subject properry shall be limited to a maximum of fifty five (55) units.
20. That revised monument sign plans for Signs A, C and D, as approved by the
Planning Commission, showing decorative enhancements and an opaque
background for the sign faces shall be submitted to the Planning Department for
Planning Commissian review and approval as a"Reports and Recommendations"
item. Sign D shall not be constructed until the new driveway on imperial Highway
is completed. Said information shall be shown on plans submitted to the Planning
Department. Any additional signage shall be subject to the prior review and
approval by the Planning Commission as a"Reports and Recommendations" item."
WHEREAS, this property is developed with a one and two-st~ry 55,557 sq.ft. commercial
retail center ;~ the CL (SC) (Commercial, Limited - Scenic Corridor Overlay) zone; and lhat the Anaheim
General Plan Land Use Element designates the property for Genc ~ommercial land uses; and
WHEREAS, the petitioner requests approval to construct one retaii pad building with roof-
mounted equipment, to subdivide one unit into an office unit and a retail unit (for a total of *:~o ~snits), for
waiver of the minimum number of parking spaces (347 required, 290 proposed), and to arnend the
conditions of approval pertaining to permitted monument signs and maximum number of units in an
existing commercial center; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 11, 1999 at 1:30 p.m., notice of said public hearing having been duly
given as required by Iaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and ~onsider evidence for and against said proposed conditional use permit and ta
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itseif and in its ~ehaif, and after due consideration of all evidtnce and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed amendment to this conditional use permit to permit construction of
one retail pad building with roof-mounted equipment and subdivision of one ~nit into an office unit and a
retail unit (for a total of two units) is properly one for which a conditional use permit is authorized by the
Anaheim Municipal Code; and thac the requested waiv~r is authorized by the following:
Sections 18.06.050.021
18.06.050.022
18.06.050.023'~
18.06.080
and 18.44.066.050
Minimum number of qarkina snaces.
(347 required; 290 proposed and concurred with
by the Ciry Traffic ar~d Transportation Manager)
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2. That the parking waiver is hereby approved.
3. That based on the parking study, the waiver will not cause fewer off-street parking
spaces than the number necessary to accommodate all vehicles under the normal and reasonable
conditions of operation.
4. That, as shown in the parking study, the waiver will not increase the demand and
competition for parking spaces upon the public streets.
5. That the parking waiver will not increase the demand and competition for parking
spaces upon adjacent private property.
6. That, as shown in the parking study, there will be 8% to 10% vacant parking spaces
during the peak parking demand hours at this specific commercial center and, therefore, the waiver wili
not increase traffc congestion within the off-street parking areas.
7. That the parking plan, as laid out, will not impede vehicular ingress to or egress from
adjacent properties, upon the public streets.
8. That the request to amend the conditions of approval pertaining to permitted monument
signs in the existing commercial center is hereby denied.
9. That the request to construct a freestanding retail pad building is hereby denied
because the size and shape of the site for the proposed addition is not adequate to ~Ilow fuil development
of the proposed retail building in a manner not detrimental to the surrounding area as evidenced by the
circulation p~tterns and potential for congestion and vehicle conflicts around the building.
10. That construction of the proposed freestanding building would intensify the commercial
center which is near or at its maximum development capacity.
11. Tha4 the proposed freestanding building may adversely affect the ad~oining land uses
and the growth and development of the area by creating an opportuniry for circulation conflicts which may
not be present without said addition.
12. That no one indicated their presence at the public hearing in opposition to the proposal;
and that one letter was received from the Anaheim Hills CitEzens' Coalition opposing the pruposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct one retail pad building with roof-mounted
equipment, to subdivide one unit into an o~ce unit and a retail unit (for a total of iwo units), to amend the
conditions of approval pertaining to permitted monument signs and maximum number of units in an
existing commercial center, and for waiver of minimum number of parking spaces on an irregularly-
shaped, 5-acre property located at the northwest corner of Santa Ana Canyon Road and Imperial
Highway, with irontages of 700 feet on the north side of Santa Ana Canyon Road a~d 500 feet on the
west side of Imperiai Highway, and further described as 5555 - 5665 East Santa Ana Canyon Road
(Imperial Canyon Shopping Center); and does hereby determine that the Negati~e Declaration previously
approved in connectio~ with Conditional Use Permit No. 4135 is adequate to serve as the required
environmental documentation in connection with this request upon finding that the declaration reflects ihe
independent judgment of the lead agency and that it has considered the Negative Declaration together
with any comments received during the pubiic review process 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 City Plannirg Commission
does hereby amend Resolution No. PC99-128, adopted in connection with Conditional Use Permit No.
4135, to approve waiver of the minimum number of parking spaces (347 required, 290 proposed).
BE IT ~URTHER RESOLVED that the Planning Commission hereby approve the request
to add a thirty nine (39) sq.ft. addition to the Don Jose restaurant and to subdivide one unit (Un~t 5573).,
CR3771 PK.DOC -2- PC99-180
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby delete
Condition IVos. 1, 2, 23 and 24 from Resolution No. PC99-129.
AND BE IT FURTF!ER RESOLVED that •`.he Planning Commission does hereby amend
Condition Nos. 19 and 25 of Resolution No. PC99-129 to read as follows:
19. That the subject property shall be limited to a maximum of fifty two (52) units.
25. That the subject property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by the pe;itioner and which
pians are on fiie with the Planning Department marked Revision No. 1 of Exhibit
No. 1(without 8uilding "Y"), Revision No. 1 of Fachibit Nos. 4 and 7, and Exhibit
Nos. 2, 5, 6 and 8, and as conditioned herein.
AND BE IT FURl'HER RESd[.VED that the Planning Commission does hereby add the
following new conditions of approval to Resolution No. PC99-129:
29. That prior to final building and zoning inspections, the existing wall sign stating
"Imperial Canyon Plaza" shall be removed.
30. That prior to issuance of a building permit, ihe legal owner of subject property shall
irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an
easement twenty (20) feet in width for water service mains and/or an easement for
large meters or fire iines.
31. That prior to issuance of a building permit, the ~wner shali submit required
easements for aIi water utilities for this property.
32. That prior to final building and zoning inspections, three (3) foot tiigh street address
numbers shall be displayed on the roof in a color which contrasts with the roof
material. The numbers shall not be visible to the adjacent streets or prope~ties.
33. 7hat the parking lot serving the premises shall be equipped with lighting of
su7fcient power to illuminate and make easily discernable the appearance and
conduct of ali persons on or about the parking lot. Said lighting shali be directed,
positioned and shielded in such a manner s~ as not to unreasonably illuminate the
window areas of nearby residences. Photometric plans shall be submitted to the
Anaheim Police Department for review and approval prior to issuance of building
permits. Such plans shall be implemented within one (1) month from the date of
approval.
34. That no outdoor pay telephones shall be permitted.
35. 7hat a Final Sign Program shall be submitted to the Zoning Division of the Planning
Department for review and approval by the Planning Commission as a"Reports
and Recommendations" item.
THE FOREGOING RESOLUTION w.~ adopted at the Planning Commission meeting of
October 11, 1999.
I „
,~~i~ ~',~L~ ~ ~ Lv~~
CHAIRP RSON, ANAHEIM CITY LANNING COh~MISSION
ATTEST:
i
0~~~
SECRETARY, AN EIM ~ITY PLANNING COMMISSION
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_,.., _
STATE OF CALIFORNIA ) ~
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheir~ City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meetiny of the Anaheim City Planning
Commission held ort October 11, 1999, by the foliowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: CONiMISSIONERS: NONE
ABSENT: COMMISSIONERS: ONE VACANT SEAT
y~ I WITNESS WHEREOF, I have hereunto set my hand this ~~day of
__ ~' `.~~~i~~ 1999. .
/~~e~~,~u S~~
SECRETARY, A HEIM CITY PLANNING COMMISSION
CR3771 PK.DOC -4- PC99-180