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Resolution-PC 2001-10• • RESOLUTION NO. PC2001-10 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3688 FOR TEN (10) YEARS TO EXPIRE ON AUGUST 29, 2010 (CUP Tracking No. 2001-04302) WHEREAS, on June 13, 1994 the Planning Commission adopted Resolution No. PC94-78 to grant Conditional Use Permit No. 3688 and permit a private outdoor roller hockey rink in conjunction with an existing indoor swap meet facility located at 1440 South Anaheim Boulevard; and that said resolution includes Condition No. 1 which specifies that the use permit shall terminate on April 22, 2001, concurrently with the termination of Conditional Use Permit No. 3400 (which perrnits the indoor swap meet); and WHEREAS, this property is developed with a 133,200 square foot former commercial/industrial building which has been modified for use as an indoor swap meet facility with accessory outdoor uses; that the property is located in Sub Area 2 of the South Anaheim Boulevard Corridor of the Anaheim Commercial/Industrial Redevelopment Project Area; that the property is zoned CL(SABC) (Commercial, Limited-South Anaheim Boulevard Corridor Overlay); and that the Land Use Element of the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the petitioner has requested reinstatement of this use permit under authority of Code Section 18.03.093 to re~ain ~he existi~g- o~tdoor rolle- r hockey rink (which will expire on Apr-il 22, 2001); and that the petitioner also requests the use of the outdoor rink for soccer activities. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 17, 2001, 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 Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith. 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 proposal, to reinstate the outdoor roller hockey rink and to permit soccer activities on said outdoor rink, is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That this use permit has been exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission in 1994. 3. That no Code Enforcement complaints or violations have occurred for this outdoor roller hockey rink. 4. That the outdoor rink is concealed from street view and is not located adjacent to any sensitive residentia{ land uses; that the rink is used exclusively by organized non-profit groups and not by the general public; and that the use has been exercised in a manner which is not detrimental to the surrounding land uses, nor to the public peace, health safety and general welfare. CR4996PK.doc -1- PC2001-10 ~ ~ 5. That following inspection of this property the Code Enforcement Division indicated that the property is being satisfactorily maintained with the exception of the deteriorated condition of some of the parking lot paving but that the owner has recently received contractor bids to replace the parking lot asphalt; and that Code Enforcement staff states there are no outstanding complaints or code violations regarding this use. 6. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3688 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved 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 City Planning Commission does hereby reinstate Conditional Use Permit No. 3688 to permit an outdoor sports rink which will be used for roller hockey and soccer activities for a period of ten (10) years to expire on August 29, 2010, in conjunction with the existing indoor swap meet; and AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval o~ Resolution No. PC94 78, adopted in eonnection wi~h Conditional Use Permit No. 3688, to read as follows: That this conditional use permit shall expire on August 29, 2010, concurrently with Conditional Use Permit No. 3400 (which permits the Anaheim Indoor Marketplace). That this outdoor rink shall be utilized by organized, supervised groups only, and shall not be open for use by the general public. 3. That licensed and uniformed security guards shall be provided to the satisfaction of the Anaheim Police Department. 4. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein. 5. 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. THE FOREGOING RESOLUTION was adopted t~h~ ~lann~n~~Commission meeting of January 17, 2001. ~ /~ ~/ ~~ CHAIRPERSdN, A~AHEIM CITY PLANNING COMMISSION -2- PC2001-10 ~ • ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 17, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, KOOS, NAPOLES NOES: COMMISSIONERS: VANDERBILT ABSENT: COMMtSSIONERS: ARNOLD ABSTAINED: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this l 3 day of , 2001. SEGRETARY; ANAHEIM CITY PLAf~NING COMMISStON -3- PC2001-10