Resolution-PC 2003-108~
RESOLUTION NO. PC2003-108
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04721 BE GRANTED
FOR 15 YEARS TO EXPIRE ON JULY 14, 2018
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:
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 47, PAGE(S) 28 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
CALI FORN IA.
WHEREAS, the City Planning Commission did hold a public hearing af the Civic Center in
the City of Anaheim on July 14, 2003 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 find
and determine the following facts:
1-. Tbat the pr.opos-ed use is properly one fo_ r which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.61.050.135 to wit: to permit a retail carpef and flooring business wifh
waiver of the following:
Sections 18.06.050.020.022.0226 - Minimum number of parkinq spaces.
18.06.080 (41 sqaces required; 37 spaces proposed, and concurred with
and 18.61.066.050 by the City Traffic and Transportation Manager)
2. That the petitioner submitted a`parking letter' to substantiate the requested waiver of
minimum number of parking spaces, as discussed in paragraphs (15) and (16) of the Staff Report to the
Planning Commission dated July 14, 2003; and that based on the operational characteristics of this specific
proposal the waiver, under the conditions 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 the use under the normal and reasonably foreseeable conditions of operation of such use.
3. That the waiver, under the conditions imposed, wifl not increase the demand and competition
for parking spaces on 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 on adjacent private property in the immediate vicinity of the proposed use.
5. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for the approved 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 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.
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.
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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 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
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a retail carpet and flooring business with waiver of
minimum number of parking spaces on a rectangular 0.97-acre parcel having a frontage of 187 feet on the
west side of State College Boulevard and a maximum depth of 235 feet, being located 470 feet south of the
centerline of Katella Avenue, and further described as 1841 South State College Boulevard; 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, 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:
-4. 'FFiat granting of tk~e packingwai~er_is. contingent upon operation of the approved use in conformance
with the assumptions and/or conclusions relating to the operation and intensity of use as contained in
the `parking letter' that formed the basis for approval of said waiver. Exceeding, violating, intensifying or
otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking
demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver
which shall subject this Conditional Use Permit to termination or modification pursuant to the provisions
of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
2. That six (6), minimum twenty four (24) inch box sized, trees shall be planted in the landscaped setback
adjacent to State College Boulevard; and that said trees shall be consistent with the Stadium Area
Master Land Use Plan 'Plant Palette'. A landscaping plan showing the trees shall be submitted to the
Zoning Division for review and approval. Any decision by the Zoning Division may be appealed to the
Planning Commission as a'Reports and Recommendations' agenda item. Said trees shall be
maintained in a live and healthy condition.
That any proposed monument sign shall be decorative and complementary to the design elements of
the building. Plans for a proposed monument sign shall be submitted to the Zoning Division for review
and approval. Any decision by the Zoning Division may be appealed to the Planning Commission for
consideration as a'Reports and Recommendations' agenda item.
4. That no outdoor sales, display or advertising shall occur unless a Special Event Permit is first obtained
from the Zoning Division.
5. That no outdoor storage shall be permitted on the premises.
6. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or other
merchandise storage or display.
7. That four (4) foot high street address numbers shalf be displayed on the roof of the building in a color
contrasting to the roof material. The numbers shall not be visible to adjacent streets or properties. Said
information shall be specifically shown on plans submitted to the Police Department, Community
Services Division, for review and approval.
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8. 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.
9. That trash storage area(s) shall be refurbished to the satisfaction of the Public Works Department,
Streets and Sanitation Division, to comply with approved plans on file with said Department including,
but not limited to, painting and installing trash enclosure gates in accordance with City standards and
storing trash bins inside the trash enclosure(s). Plans containing said information shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and approval.
10. 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, 2 and 3, and as conditioned herein.
11. That prior to commencement of the activity authorized by this Resolution, or 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. 2, 7 and 9, above-mentioned, shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
12. That prior to commencement of the activity authorized by this Resolution or prior to final building and
zoning inspections, 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
Feg~rEa~ions. Approual-does ~o.t in.clude any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement. -
14. That this Conditional Use Permit is granted for a period of fifteen (15) years to expire on July 14, 2018.
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.
14, 2003.
THE FOREGOING RESOLUTION was adopteyi at the Planning Commission meeting of July
RPERSON, ANAHEIM CITY PLANNING COMMISSION
A
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Pat Chandler, Senior 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 July 14, 2003, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
VACANCY:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
IN WITNESS WHE
~i , 2003.
BOSTWICK, EASTMAN, O'CONNELL, ROMERO, VANDERBILT
NONE
NONE
TWO POSITIONS
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REOF, I have hereunto set my hand this ~-- day of
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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