Resolution-PC 2002-180• ~
RESOLUTION NO. PC2002-180
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04633 BE GRANTED, IN PART
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, Counry of Orange, State
of California, described as:
THOSE PORTIONS OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP
4 SOUTH, RANGE 9 WEST, S.B.M., DESCRIBED AS FOLLOWS; PARCEL 1, AS
SHOWN ON A MAP RECORDED IN BOOK 72, PAGES 37 AND 38 OF PARCEL
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 16, 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
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 fin~t anc~ de~er~ine-the #ollowir~g- facts: _ _
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.110.070.050.0529 to permit an indoor batting cage business with
waiver of the following:
Sections 18.06.050.020.025.0251 - Minimum number of parkinQ spaces.
18.06.050.030.031
18.06.080
and 18.110.070.110
2. That the proposed batting cage business is a conditionally permitted use in Development
Area 2(DA 2) of the Northeast Area Specific Plan No. SP 94-1.
3. That the proposed waiver of minimum number of parking spaces is hereby denied on the
basis that following public notification of this use permit and preparation of a parking study of existing
batting cages with comparable services, it was determined that said waiver was unnecessary because
the number of required parking spaces for the proposed use plus the other existing uses on the subject
property (38) is less than the number of available parking spaces (45) on-site.
4. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
5. 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.
6. That the traffic generated by the proposed batting cage business will not impose an
undue burden upon the streets and highways designed and improved to carry traffic in the area.
7. 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.
CR5516DM -1- PC2002-180
• ~
8. 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 for an indoor batting cage business on an irregularly-
shaped 1.2-acre property located at the northeast corner of La Palma Avenue and Hawk Circle, having
frontages of 25 feet on the north side of La Palma Avenue and 397 feet on the east side of Hawk Circle,
having a maximum depth of 340 feet, being located 53 feet north of the centerline of La Palma Avenue,
and further described as 3901 East La Palma Avenue (proposed Ichiban Batting Cages); and does
hereby approve the Negative Declaration upon finding that the declaration reflects the independent
judgment of the lead agency and that it has considered the 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 grant subject Petition for Conditional Use Permit, in part, 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 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.
2. That four (4) foot high street address numbers shall be displayed on the flat area of the building roof
in a contrasting color to the roof material, provided that 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.
3. That trash storage area(s) shall be refurbished (including painting the trash enclosure gates) to the
satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with
approved plans on file with said Department.
4. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
5. That the landscaping planters shall be permanently maintained with live and healthy plant materials.
6. That no ex#erior vending machines (i.e., vending machines located outside the building) shall be
permitted that are visible off-site.
7. That signage for subject facility shall be limited to finro (2) wall signs, including the wall sign shown on
the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional
signage shall be subject to review and approval by the Zoning Division staff.
8. That there shall be no outdoor storage in any required parking area.
9. That based upon the parking demand study prepared for the project and approved by the City Traffic
and Transportation Manager, the hours of operation shall be limited to the following:
Office: Monday through Friday: 9 a.m. to 5 p.m.
Batting Cages: Monday through Friday: 3 p.m. to 9 p.m.
Saturday and Sunday: 10 a.m. to 9 p.m.
-2- PC2002-180
•
~
10. That subject properry shall be developed substantially in accordance with pfans 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.
11. That prior to commencement of the activity authorized by this resolution or within a period of one (1)
year from the date of this resolution, whichever occurs first, Condition Nos. 2 and 3, above-
mentioned, shall be complied with.
12. That prior to final building and zoning inspections or prior to commencement of activity authorized by
this resolution, whichever occurs first, Condition No. 10, above-mentioned, shall be complied with.
13. 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 16, 2002.
-- ~ - -
~R RSON, ANAHE M CITY PLANNING COMMISSION
ATTEST:
~'~s,.~.,r._ /r~'~'''''~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 t~ecember 16, 2002, by the foliowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO,
VANDERBILT
NOES: COMMISSIONERS: NOiVE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this .31 ST day of
D~ c erf, 6 c~ , 2002.
~~=-
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2002-180