Resolution-PC 2004-121~ •
RESOLUTION NO. PC2004-121
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION -
AMENDING CERTAIN CONDITIONS OF APPROVAL-0F
RESOLUTION NOS. PC99-161; 96R-150 ANQ 97R-159 ADOPTED JN CONNECTION WITH
CONDITIONAL USE PERMIT N0: 3855
(1985 SOUTH SANTA CRUZ STREET)
WHEREAS, on September 13, 1999, Resolution No: PC99-161 was adopted by the
Anaheim Planning Commission to amend Resolution Nos. 96R=150 and 97R-159 which was adopted in
connection with Conditional Use Permit No. 3855 to permif fwo industrially-relatedsales and office uses
(including the existing business: wireless'communications device sales including,'but not limited to,'cellular
telephones, beepers, 2-way radios and fax machines, with service and sales of related accessories and
parts, and automotive installation) in an existing 35,000 square foot industrial 6uilding'and waiver of
minimum number of parking spaces on propertylocated at 1985 South Santa Cruz Street; and that said '
resolutions include #he following conditions:
"11. That the proposed second industrially-related sales and oifice use shall be fimited to'the following
listed uses and that an unsubordinated covenant, reviewed and approved by the Gity Attorney's Dffice
so-limiting'said uses, shall be recorded in the Office of the Orange County Recorder, a copy of which
shall be submitted to the ZoningDivision: _
' 1. Accounting - Bookkeeping, CPA Firms or temporary CPA Firms
2. Advertising :
3. Appraisers
4. Brokers - Real Estate, Business Opportunities, Etc. -
5. Business System Companies
6. Communication Consultants
7: Computer Analysis Firms
8. Credit Reporting Agencies
' 9. Designers - Industrial, Interior, Graphic
10. Development Companies
11. Facility Maintenance and Planning
12. Insurance Companies/Agencies
13. Inventory Services
14. Leasing Companies
15. Management Consultants/Companies
16. Marketing Research
17. Personnel Agencies
18. Quality Control Analysis
19. Sales Offices (which serve the industrial area)
20. Secretarial and Business Services
21. Any use permitted under Zoning Code Section 18.61.020 "Permitted Primary Uses and
structures," and subject to all conditions of said Section.
Each individual use shall require the written approval of the Zoning Division prior to occupancy which
approval shall only be given when it is demonstrated that such use is either an expressly permitted
use in such zone or meets the criteria of Section (a) 18.61.050.605 (b)18.61.050.145 "Conditional
Uses and Structures" of the Anaheim Municipal Code.
4. 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 Revision No. 1 of Exhibit No. 1(site plan), and Revision No. 1 of Exhibif Nos. 4
through 7(illustrative building elevations showing wall signs); including (a) that the parapets shown on
the building elevations shall be constructed substantially as specified,`and (b) that#inal elevation plans
shall be submitted to the Zoning Division for review and approval by thePlanning Commission (City
Council) as specified by Condition No. 10 of Resolution No: 97R-159."
CR\PC2004-121 . -1- PC2004-121
~ ~
WHEREAS, the petitioner has requested to amend or delete conditions of approval and
exhibits to permit indoor recreafional and associated sport uses, industrially-related office uses and retail;
and the retail sales of tile and flooring with waiver of the following:
SECTION 18:42'.040.010 ' Minimum number of parkinq spaces
`(154 required, 413 existing and proposed and recommended by
the City Traffic and Transportation Manager).
: WHEREAS; this property is currently developed with an industrial building, the underlying
zoning is 1(Industrial); the Anaheim General Plan designates this property for Office-High land uses; and is '
situated in the,City of Anaheim, Countyof Orange; State of California, described as
PARCEL C, AS SHOWN ON A MAP FILED IN BOOK 150, PAGES 5 AND 6 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hoid a public hearing at the Civic Center in the
City of Anaheim on October 4, 2004, 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 18:60, to
, hear and consider evidence for and against said proposeci amendment and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Commission; affer due inspection, investigation and studymade 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 waiver will not, under the conditions imposed and based on the conclusions
contained in the parking study submitted by the petitioner, cause fewer off-street parking spaces to be
available proposed uses provided the businesses adhere to the assumptions contained in the parking study.
2. That the waiver will not, under the conditions imposed, increase the demand and competition
for parking'spaces on the public streets and adjacent private properties in the immediate vicinity of the
proposed use because the project parking lot has adequate parking to accommodate the peak parking
demands of the proposed uses; that the parking lot would be physically separated from adjacent properties;
and, further, there is no reason to encroach into other parking facilities because the parking lot will provide
ample parking as indicated in the parking study.
3. That the waiver, under the conditions imposed, would not increase traffic congestion within
the off-street parking areas or lots provided for such use.
4. That the parking waiver will not, under the conditions imposed, impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use
because the project site is physically separated from adjacent private properties.
5. That the proposed uses are properly ones for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.10.030.040.0402.
6. That the expansion of uses and interior building modifications would not adversely affect the
adjoining land uses and the growth and development of the area in which it is located.
7. That the size and shape of the site for the use is adequate to allow full operation of the
proposed uses in a manner not detrimental to the area nor to the health and safety.
8. That the traffic generated by the uses would not impose an undue burden upon the streets
and highways designed and improved to carry traffic in the area since there is adequate on-site circulation
for the proposed uses at this location.
_ -2- PC2004-121
M i
9. That the granting of #he conditional use permit under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
10. That no one indicated theirpresence atsaid public hearing in opposition; and that no
correspondence was receiyed in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Pianning '
- Commission has reviewed the proposal to amend or delete conditions of approval and exhibits to permit '
indoor recreational and associated sports uses, industrially-related office and retail uses and the retail sales '
of tile,and flooring with waiver`of minimum number of parking spaces and does hereby find that the Negative -
Declaration previously approved in connection with Conditional Use Permit No. 3855 is adequate #o serve as
the required'environmental documentation in connection with this request upon finding that the declaration
< reflects the independentjudgment of the lead agencyand that it has considered the Negative Declaration
together with any comments received during the public review process and #urther finding on the basis of the
initial study and any comments received that there is no substantia( 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 amend, in its entirety; the conditions contained inResolution Nos. PC99-161; 96R-150 and 97R-159
to read as follows: :
1. That the landscape planters shall be permanently maintained with live and healthy plant materials.
2. That' any tree planted on-site shall be replaced in a timely manner in the event #hat it is removed, damaged,
diseased and/or dead.
3. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards.
4. That anyproposed roof-mounted equipment shall be completely screened from view in all directions by
properly designed and maintained design elements of the building. Said information shall be specifically
shown on plans submitted for building permits.
5. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and
make easily discernible the appearance and conduct of all persons on or about the parking lot.
6. That there shall be no public telephones on the premises located outside the building.
7. That no adve~tising or identification of any fype sha(f be permitted on any outdoor furniture or equipment
including umbrellas, by illustration, text or any other means of visual communication.
8. That the property shall be permanently maintained in an orderly fashion byproviding regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of
occurrence.
9. That four (4) foot high address numbers shall be displayed on the flat area of the roof in a contrasting color
fo the roof material, provided the numbers shall not be visible from the street or adjacent properties. Said
information shall be specifically shown on plans submitted for building permits.
10. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
11. Thaf the installation/service of mobile units shail take place entirely within the building.
12. That the proposed reader board sign is approved for as long as the ceflular phone business occupies this
site. The sign shal! be removed if the cellular phone business ceases to operate.
13. That no banners or other temporary advertising deyices (such as flags, balloons, etc.) shall be permitted at
this property.
-3- PC2004-121
• ~
14. That sign plans for new tenants shall be submitted to the Plamm~g Services Division for review and
approvaL Any decision by staff may appealed to the'Planning Commission as a reports and
Recommendation item.
15. 7hat the proposed industrially-related sales and office uses shall be limited to the foliowing listed uses and
that an unsubordinated covenant, reviewed and approved by the City Attorney's Office so-limiting said uses,
shall be recorded in the Office of the Orange County Recorder, a copy'of which shall be submitted to the
Zoning Division:
1. Accounting - Bookkeeping, CPA Firms or temporary CPA Firms
2. Advertising
3. Appraisers ,
4. Brokers - Real Estate, Business Opportunities, Etc.
5. Business System Companies
6. Communication Consultants
7. Computer Analysis Firms
8. Credit Reporting Agencies
9. Designers - Industrial; Interior, Graphic
10. Development'Companies
11. Facility Maintenance and Planning
12. Indoor Recreation and Associated Sports Entertainment Uses
13. Industrially Related Retail
94. Insurance Companies/Agencies
15. lnventory Services
16. Leasing Companies
17. Management ConsultantslCompanies
18. Marketing Research
19. Personnel Agencies
20. Quality Control Analysis
21. Retail Sales of Tile and Flooring
22. Sales Offices (which serve the industrial area)
23. Secretarial and Business Services
24. Any use permitted under Zoning Code Section 18.10.030 "Permitted Primary Uses and structures,"
and subject to all conditions of said Section.
25. Warehousing sports related products with Internet retail sales.
Each individual use shall require the approval of the Planning Services Division and the City Traffic and
Transportation Manager prior to occupancy which approval shall only be given when it is demonstrated
that such use is either one of the uses listed above, or is determined by staff to be similar in type and :
intensity to said uses. The Traffic and Transportation Manager may, at his sole discretion, require an
updated parking study once a specific tenant(s) is known. Any decision made by staff may be appealed
to the Planning Commission as a`Reports and Recommendations' item.
16. That the 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
Revision No. 1 of Exhibit Nos. 1 and 2, and Exhibit Nos. 3, 4, 5, 6 and 7, as conditioned fierein.
17. That the number of tenant spaces shall be limited to nine (9).
18. That Condition No. 9, above-mentioned, shall be completed within a period of sixty (60) days from the date
of this resolution.
19. 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.
-4=
PC2004-121
• !
AND BE IT FURTHER RESOLVED that#he applicant isxesponsible for paying all charges
related to #he processing of this discretionary Case application within 30 days of the issuance of the final invoice
or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay alf charges
shall result in delays in the issuance`of required permits orthe,revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 4, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of theAnaheim Municipal Code pertaining to appeal procedu and may be repl ed by a City Council
Resolution in the event of an appeal. ~
CHAIRMA , ANAHEIM CITY PLANNING COMMISSION
ATTEST: _ ;
.~ /~z2,~»~b~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STA7E OF CALIFORNIA )
COUNTY OF ORANGE ) ss. _ '
CITY OF ANAHEIM )
, I, Eleanor Morris, 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 October 4, 2004, by the following vote of the members thereof:'
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, VANDERBILT-LINARES
ABSTAIN: COMMISSIONERS: O'CONNELL
ABSENT: COMMISSIONERS: ROMERO, VELASQUEZ
L IN WITNESS WHEREOF, I have hereunto set my hand this o2o2n G~ day of
Q G'G ~~t/!. , 2004.
~l /1 _ _ , ~
SECRETARY, ANAHEIM C1TY PLANNING GUMM1551UN