Resolution-PC 2002-125•
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RESOLUTION NO. PC2002-125
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04569 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
LOT 70 OF TRACT 2517 AS PER MAP RECORDED IN BOOK 13, PAGES 40
TO 42 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
WHEREAS, on November 14, 1989, the City Council did, by its Resolution No. 89R-434,
grant Conditional Use Permit No. 3203 to permit the division of commercial space in an existing
commercial retail center at 601-697 North Euclid Street (from 30 to 39 units) with waiver of minimum
number of parking spaces; and that the petitioner has submitted this Conditional Use Permit No. 2002-
04569 to further divide existing commercial space in the retail center to create five additional tenant
spaces for a total of 44 tenant spaces; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 29, 2002 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 conditional use permit and to investigate
and make findings and recommendations in connection therewith; and that the hearing was continued to
the August 12 and August 26, 2002 Planning Commission meetings; 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 use is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Sections 18.44.050.135 and 18.45.050.135 to wit: for the division
of tenant spaces within an existing commercial retail center to create five (5) additional retail units (for a
total of 44 tenant units) with waiver of the following:
Sections 18.06.050.020.021.0211
18.06.050.020.022
18.06.050.020.023.0231
18.06.050.020.023.0233
18.06.~80
18.44.066.050
and 18.45.066.050
- Minimum number of parkinq spaces.
(942 spaces required;
722 proposed and concurred with by the City Traffic and
Transportation Manager)
2. That the parking waiver, under the contlitions imposed, will not cause fewer off-
street parking spaces to be provided for the approved use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
conditions of operation of the use.
3. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
4. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use.
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5. That the waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the proposed use.
6. That the waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed
use.
7. That the use, which is proposed on property zoned CL (Commercial, Limited)
and CG (Commercial, General), will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
8. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
9. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area.
10. That granting this conditional use permit, under the conditions imposed, will not
be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
11. That no one indicated their presence at the public hearing in opposition to the
proposal, and no correspondence was received in opposition; and that one concerned person spoke at
the public hearing regarding signage in the existing market in this commercial center (which subject is
unrelated to this conditional use permit).
12. That this Conditional Use Permit No. 2002-04569 supercedes the
aforementioned Conditional Use Permit No. 3203 including the conditions of approval.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1(Existing Facilities), as defined in the State of California Environmental
Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare
an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions 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:
That trash storage areas shai~ be refurbished to the satisfac~ion of the Public Works Department,
Streets and Sanitation Division, to comply with approved plans on file with said Department. Said
information shall be specifically shown on the plans submitted for building permits.
2. That all trash generated from this commercial retail center shall be properly contained in trash bins
contained 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 Department shall
determine 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 for by the business owner.
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3. That the water back flow equipment shall be above ground and outside street setback areas in a
manner fully screened from all public streets and alleys. Any other large water system equipment
shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or
outside street setback areas in a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans submitted to the Water Engineering and Cross
Connection Inspector for review and approval before plans are submitted for building permits.
4. That all existing water services shall conform to current Water Utility Standards. Any existing water
services that are not approved by Water Utility staff for continued use shall be upgraded to current
standards, or abandoned by developer. If the existing services are no longer needed, they shall be
abandoned by the developer.
5. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
6. That any necessary relocation of existing electrical facilities or streetlights shall be paid for by the
developer. Landscape and/or hardscape screening of all pad-mounted equipment shall be required.
7. That no public telephones on the premises shall be located outside the buildings.
8. That no outdoor storage, display or sale of inerchandise or fixtures shall be permitted.
9. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dies.
10. That no roof-mounted balloons or other inflated devices shall be permitted.
11. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property without the proper permits having first been issued by the City of Anaheim.
12. That no vending machines which are visible to any public right-of-way shall be permitted on the
property.
13. That any existing or proposed roof-mounted equipmeni shall be subject to the screening
requirements of Anaheim Municipal Code Sections 18.41.030.090 and 18.44.030.420 pertaining to
the CL and CG Zones. Said information shall be specifically shown on plans submitted for Zoning
and Building Division approval.
14. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
15. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
16. That the owner shall be responsible for maintaining the premises free of litter at all times.
17. That the number of tenant spaces shall be limited to forty four (44) units as shown on the approved
Exhibit No. 1(the site plan).
18. That signage for subject facility shall be limited to all lega! existing signs as of the date of this
resolution. Any additional signs shall be subject to review and approval by the Planning Commission
as a"Reports and Recommendations" item.
19. That all wall sign cabinets shall be properly maintained with sign copy panels.
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20. That shopping carts shall be stored inside the building and there shall be no outdoor storage or
stacking of shopping carts.
21. (a) That the parking lot serving the premises shall be maintained with lighting of sufficient power to
illuminate and make easily discernable the appearance and conduct of all persons on or about
the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as
not to unreasonably illuminate adjacent properties.
(b) That within a period of three (3) months from the date of this resolution, a plan showing the
parking lot lighting described in subparagraph (a), above, shall be submitted to the Community
Services Division of the Police Department for review and approval.
22. That four (4) foot high street address numbers shall be displayed on the roof of the building(s) in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or
properties. Said information shall be specifically shown on plans submitted for Police Department,
Community Services Division, review and approval.
23. That 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 and 2, and as conditioned herein.
24. That the legal owner of subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 3203 (which permitted the division of floor space in an
existing commercial retail center to increase the number of units from 30 to 39, with waiver of
minimum number of parking spaces). -
25. That the property owner shall submit a preliminary title report to the Zoning Division showing legal
vesting of title, a legal description and a map of subject property. (Said documents will be used in
connection with the reclassification of subject property from the CL (Commercial, Limited) and CG
(Commercial, General) Zones to the CL (Commercial, Limited) Zone under Reclassification No.
2002-00082, which petition was initiated by the Planning Commission concurrently with their
approval of this Conditional Use Permit No. 2002-04569.)
26. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 3, 13, 22, 24 and 25, above-mentioned, shall be
complied with.
27. That prior to final building and zoning inspections, Condition Nos. 4, 6, 7 and 23, above-mentioned,
shall be complied with.
28. That approval of this a~pl~catior~ cor~stitutes approvaf of the proposed reqaest or~ly to the extert ~hat
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.
BE IT FURTHER RESOLVED that the Anaheim City 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 26, 2002.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~ .~~-,~-a.~.oCs.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 August 26, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
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IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of
, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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