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Resolution-PC 94-120RESUI_UTION N0. PC94-120 A RESOLUTION OF THE ANAHEIM CITY PI.ANNING COMMISSION THAT PETITION FOR COPJDITIONAI. USE PERMIT N0. 3i 16 BE GRANTEL WHEREAu, the Anahelm City Planning Commission dld recelve a vorifiad Petitfon for Conditional Use Perrnit (or certain reai property situated fn tho City of Anaheim, County o Orange, State of Califurnia, describod as: f'ARCEL 2 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, 5TA7E OF CALIFORNIi~, AS PER MAP RECORDED IN BOOK 106, PAGE 13 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNI'Y. WHEREAS, the City Planning Commission did huld a public hearing al the Clvic CentEr (n tfie City of Araheim on September 7, 1994 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance wfth the provisions of the Aneheim Munlcipal Code, Chapter 1d.03, to hear and cons(der evidQ~ce for and against said proposed conditional use permft an•j to investigate and mako findings and rocommendations in connection therewith; and WHEREAS, said Commission, after due inspection, inve~tigation and study made by itself and in its behalf, and after due cons(deratlon of a!I Qviderice and reports offQreci at said hearing, does Iind and determine the following facts: t. That the proposed use is proporly one for which a conditional usQ permit is authorized by Anahoim Municfpal Code Section 18.61.050.072 to permlt an automobile parking lot for evont-typo parking purposes with wa:der of the following: (A) ,Section 18 61.083.012 - Minimum landscaped setback abutting a freewav right-of-wa~. 1 f t required; none feQ proposed) (B) Sectic~s 16.06.020.010 - Mlnimum lavout and desiqn of vehicular and 18.61.066.0?.0 parkina spaces and_~~gsSWAV~. 24-fo t w(de minim~m clrive aisle required; •10 to 20-foot wido minimum drive aisles proposed) (C) ~ctions 18.OA.060.050 - Minimum ~arkinc,Llot landscapina. ancl 18.61.06 .~ (Roquired: ne 11 fifteen [151 aallon tree per three thousand ,f~.~p s.ft. of parking area and/or vehicular accessway, mfnimum fortv zi .~,ht f481 sp.ft. of ~lanter aro~er tree, and mfnimum fiVi~[~ ioot wide lanciscaqg aroa separating everv ten ~jt01 or fewer ~arkfn~ ~p~cos adjacent to each other in a row; Pro!:osed: no interior oarkinglot landscaoina) 2. That waiver (A) is hereby approved on tho basis that there are speclal circumstances applicable to the property consistinfl of its topogr~phy, location and surroundinc~s adjacant t~ the State Ruuto 57-Orange Freeway, which freeway Is elevated adf acent to sub~ect property, which circurnstances do not apply to other identically zoned propertfes in the vicirn:y, and tliat sirict application of the Zoning Cocle deprives tha proporty of privileges enjoyed by ather properties under ident(cal zoninfl classfficatiun in the vicinity; CR2 ~85MS,WP -1 • PC94-120 3. That wa(vers (B) and (C) are hereby appr~ved on the basis that there arA special circumstances applicable to the property consisting of its shape and location, which do nut apply to other identically zoned propert{es in tho vicinity; that the City Traffic and Transportation Maneger concurs with the proposed aisle widths for this type of event parking and, further, that this type of event park(ng benefits from the absence of landscape islands because the speed ta load and unload tlio parking lot is increased; 4. That strict applic~tion of the Zonin~ Code deprives tho property of priv(leges enjoyed by other properties under identical zoning classification in the vicinity; 5. That the proposed uso i~ properly ono for which a conditianal use permit is authorized by the Zoning Code; 6. Th~t the proposed use will not adversely affoct the adjoining land uses and tho flrowth and develo~ment of the area in which it Is proposed to ~e located, ~nd that subject property's close proximity to the Anaheim Stadium and Arena just'fies tho need for additionAl event-type parking facilitles in the immediate area; 7, That the si~e and shape oF the site for the praposed use is adequate to allow the full development of the proposed use in a mGnner not detrimentai to the particular area nor to the peace, health, safety and general welfare; S. That the traffic generated by tne proposed use will not Impose an undue burden upon the st.reets and hic~hways desi~ned and improved to carry the traffic in tha area; g. That the granting of the condit(onal uso permit under tlie conditions imposed wfll not be dotrimental to the peace, I~ealth, safety and general welfare of the citizens ~f the City of Ariaheim; and 10. That no one indicated their presence at said publfc hearing in opposition; and that no corrospondence was raceived in opposilfon to the subJect petition. C,ALIFORNIA ENVIqONMENTAL OUALITY ACT FINDIN : Thai the Anaheim City Planning Commissfon has reviewed the propos~l to permit an automobilo parking lot for event-typo parkinq purposes with waivers of minimum landscaped setbacl< abutting a ireeway right-of-way, minimum layout and design of vehicular parking spaces and acc~ssways, and minlmum parking lot landscaping on an ir:egularfy-shaped parcel of land c~nsisting of approximately 3.2 acres having a frontage of approxlmately ?50 feet on the west side of Douglass Road, hav(ng a maximum depth of approx(mately 257 foet, being located approximately 448 foet south ol the centerline of Katella Avenue, and further described as 1725 - 1751 South Douglass Road; and doos hereby approve a Mitigatoci Negatfve Declaration and adupt Mitigation Monitoring Proc~ram No. 84 with tho deletion of Mitigation Measure A05 found on Pago 2, pursuant to Sectlon 21081.6 of the Public Resources C;ode on thQ basis that the declarat(on reflects the independent (udgoment of tho IQad agency and that the Planning Comm(ssion has con5ldered the proposal with ~nitigated Nogat(ve Declaration and Monitoring Proc~ram No. 84 together with any comments received durinc~ the public review process and lurther find(ng, on the basis of the Initial Study, that there Is no substantial evidence that the project wlll havQ a significant eHect on the environm~nt. NOW, THEREFORE, BE I i RCSOWED that the Anaheim City Planning Commissfon doos hereby grant subJect Potition for Conditional Usa Permit, upon tho followirg conditfons which ara hereby found to be a necessary prerequisite to ti~e proposed use of the subJe~t property in order to preserve the safety and general we!fare e' the Citizens of the City of Anaheim: _2_ PC94-120 1. That a rninimum of foity seven (47) eucalyptus trees shall ba planted along tho ent~re length of the southwest property Iino adjacent to the freeway right-of-way spaced ~t maximum Inteivr~ls of twonty (20) feot on-cenier. Tho trees shall be not les~ than iifteen (15) gatlons in stze at time of planting. Furthermore, all interior parkins !ot surface areas not otherwiso utilized for parking stalls or drive aisles shall be tully landscapod and equfpped with an autornatic Irrig~tion system and permanently maintained. A niinimum fivo (5) foc~t wide landscape area shall ba provided botween evory ten (10) contiguous parklnc~ spaces in a row for the parKing lot serving the l..A. Fitness Health Club. 2. That prior to issuance of a grading pormit or prior to paving the parking lot, whichever occurs first, the developer shall submft a detailed landscape and frripatian plan to the Planning Departmant for review and approval, l.an~scaping and Irrigation sha!! be installed prior to commencement of actfvities or final bullding and zoning inspections, whichever occurs flrst, and permanently m~intainod thereaiter. 3. That a fee for street Iic~hting purposes shall be pald tu the City of Anahoim based on the length of strget frontaye along Douglass Road !n an amount as established by City Counci! resolutlon. 4. That subject proporty shall bo served by undQrground utilitfes. 5. 'fhat the Iogai property owner shall abandon the existing electrica{ publio utility easements and arrange to hava the Idied electrical facilitles removQd by City of Anaheim electrical crews. 6. That a revised final site plan showing the location of the handicappecl parking spaces in the northerly portion of the parking lot with minimum (ten} 10-foat wide driva aisles throughout, and a landscapo plan including the landscaping for the parking lot serving che LA Fitness Health Club, shall be submitted to the Planning Commissfon for review and approval as a"Reports and Recommendations" item. 7. That the legal owner(s) of subject pr~perty shall execute and record An unsubordinated covenant In a form approved by the City Attorney's Office wherefn such ownar(s) agree not to contest the formatlon of any assessm~nt district(s) which may hereafter may be Formed for the purpose of financing the undergrounding of utilities in the Stadium Business Center Area. e. That plsn3 shaif ~e submitted to the City Traffic and TrAnsportation Manager for his review and approval showing c~nformance with !iie most current vers(ons of Engfneerinc~ Standard Plan Nos. 436 and 602 pertafning to ~arkfng standards and driveway location, including that park(ng spaces shall have a minimum widtli of efght and one-half (e~) feet. Subject property sFiail thereupon bo developed and malntained in conformance with said plans. 9. That the most southerly driveway on Douglass Road shall be designated and shall operate as an "entrance only" for inbound tra(f(c during everd loading. Outbound ex(ting fro~n this driveway shall be perminod only durinq evont unloadirig. 10. That tho property ownor(s) shall enter to an agreement with tF~e City of Anaheim, satistactory to the City Engin~or and the City Attorney, to coordinate all parking events and pay their fair share of the cost for Police Department and TraHic Management Center (TMC) staff. 11. That the devol~per shall be responsible for compliance and any direct costs associated with the Mitigat(on Mon(tor(ng Pian No. a4 established by the City as requlred by Section 21081.6 of the Public I~esources Code to ensure (mplementation of those mitfgation measures Identiffed in tho Mitfgated Negative Dsclaration. 3_ PC94-1 ~0 12. That the triangularly shaped parcal shown as "properly owned by Deslgn Development Corporation, re%r to accompanying tiUe report" on Exhibit No, 1 submitted by the petitioner shall be purchased by or under lease to the petitioning property ownor 13. Tl~at tho sign shown on Exhibit No. 1 shall be tha only sign permitted on subject property. Safd sign ~hall identify only the name and purpose of subJect parking lot facility. 14. That if a chain Ilnk fence Is proposed along Douc~lass Road, !t shall be landscaped so as to be completely screened by said landscaping with(n one (1) year after plantfng or, alternatively, large docorative boulders may ba used !n place of chaln Ilnk to Iimit access to tha park(ng lot. 15. That no storags sh111 bo permitted on-site. 16. 7hat no flags, banners or balloons shall be permitted or used. 17. That a traffic and parking managerrient plan shall be submi!ted to and appruved by the City i raffic and Transportation Managar. 18. That subject proporty shall be developed substantlally in accordance with plans and specifications submittecl to the City of Ai7aheim by the petitioner and which plans are on Iile with the Planning Department marked Exhibit Nos. 1 and 2. 19. That prior to gradiny or pavfng of subJect parking lot or within a period of ono (1) year from the date of this rasolut(on, whichever occurs first, Condition Nos. 2, 3, 5, 6, 7, 8, 10, 12 and 17, shall be con~pl(od with. 20. That prior to the commencoment of the dctivity authorized by this resolution or prior to final bullding and zonfng ins~ections, whichever occurs (irst, Condition Nos. t, 4, 9 and 18, above-menti~ned, shall be compiled with. 21. That approval of this appiication constitutes approval of the proposed request unly to the extent that it compllos with the Anaheim Municipal Zoning Codo and any ottier applicable Clty, State and f=oderal regulations. Approval does not include any action or findlnps as to compliance ~r ap~roval of the request regarding any other applicable ordfnance, regulation or requlrement. BE IT FURTFIER RESOLVEU that the Anahefm City Planning Commisslon does hereby find and determine that adoption of this Resolutlon is expressly predicateci upon applicant's compliance with each and all of the conditfons hereinabove set forth. Should any such condition, or any part thereaf, be declared inval(d or unonforcoable by thie final judgment uf any court of competont jurisdiction, then this Resolution, and any approvals here(n contained, shall be deemed nuil and void. THE FOREGOING RESOLUTION was adopted at the Planning Commisslon meeting of September 7, 1994. ~ ~ ,,C~~~ ~~ ~ ' ~~.~~.. CNAIRWOMAN ANAHEIM CIIY PLANN G COMMISSION ATT~S7: ~ v~. CRETARY, A EIM CITY PLANNING COMMISSION ~. PC9h-i 20 Sl'ATE O~ CAI.IFORNIA ) COUNTY UF ORANGE ) ss. C~7'f OF ANAHEIM ) I, Janet l. Jensen, Secrotary uf tho Anaheim City Planning Commission, do horeby certify . that the toregoing rQSOlution ~vas passed and adaptecl at a meeting ot the Anaheim City Planning c;or,~missiun held on September 7, 1994, by the following vote of the members tliereof: AYES: COMMISSIONERS: BUY9STUN, CALDWELL, HENNINGER, MAYEFi, PERAZA, TAIT NOES: COMMISSIONERS: NON~ ABSENT: COMMISSfONERS: MFSSE , IN WITNESS WHEREnF, I have hereunto sot my hand this ,4J~r,~ day of ~~_ 19Q4. ~ ; S RETARY, tiNAHEIM C ~PLANNING COMMISSION .5. PC~N- t?.0