Resolution-PC 96-36~ ~
aGC rn t~'T ION NO PC~
A RESOLUTION OF THE ANAHEIM CITY PUWNING COMMISSION
THAT PETITION FOR CANDITIONAL USE PERMIT NO. 3833 BE GRAN7ED, IN PART
WHEREAS, the Anaheim G~Y shuated inthe City c~f Anahe m~~°~^LY °f ~~^9 b~te
Condftional Use Permft for certain real propertY
af Calffomia, described as:
PARCEL 2: THE WEST 662.OU FEET OF THE SOUTH hIALF OF THE
SOUTH~NES~ QUAFITER OF THE NORTHWEST QUAFiTER OF SECTION 9,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCNO SAN JUAN CA.ION
DE SANTA ANA, AS THE WEST HALF OF THE NORTHWEST C.: :''~'~R OF SAID
OF SURVEYS, N HE OF~FNCE OF TH G=' NT( R CORDER OF SAID CAUNTY.
WHEREAS, the City Planning Commission did hdd a pubi~ hea~ing at the Civic Ce~ter
in the Ciry of Anaheim on AprU 15,1996 at 1.30 P•m., notice of said Pubiic heari~9 ~ving been dulY 9iven
as requL•ed by faw and in accorclartce Wnh the provisions of the Anahefm Muni~ipal Code~ ChaPte~ ~e•0~~
to hear and consider evidence for and against sakl p~orwsed c°^diU°nal use Pa~n and to irnrestigate and
make 8ndings and recommendations f~s: yac~~ therewfth; and
andE afte d e consideraUon of alf evidence a~i~d1o eports offseried at said ~hea ga does flnd
and in its behalf~
and determine the fdlowing facts:
~, That the proposed use is properly one for which a condftk~na~ use Pem'•n ~g a~horized by
area in co junct on wKh a ma~Jor e~ home4 mpro ement ceMewri~~~~e of the dlowing: s~orags
o Limftation on oermitted u~AS A^d structureg.
gpction 18.44.025.0..0 -
2. That the requesced wawer is herebey denied because~ fdlowiny public notffica4~on, revised
plans were submftted eliminating satd waNer;
3. That ths proposed use is properly one for wfdch a condftional use pem'-It is suthorized by
the Zoning Cade~
4, Tha4 the pro{~osed use will not adversely affect the adjoining land uses and toh~e~9~o~ ~~
development of the area in which R iso roposedmtaory ~i~~ ~~~~ytap~ ~~ ~njunction wfth
accessory to, flnd a reasonab~e ~P~ P CeMer, and that projected noise impacts
the zoning entiUement for the Anaheim Plaza Ragionai Shoppfn9
associated with outdoor actNfties wUl t~e mi~igate~ to ac^.eptaWe sour~d Pressure levels as requfred by
Code; and that, the outdoor activities wu~ be sem~-endosed by a 12-foot high biock wall and fully screened
from view ftom abutting and nearby residential land uses;
5. That the size and shape of the site for the prW~o-sed ~se is adecl~te to al:ow the full
devetopment of the proposed uso in a manner not detrimeMal to the particular area nor to the peace,
health, safety, and gener5l welfare;
g. That the traffic generated by the proposed i~ ~~~ eP°~ an u^d~ ~~en upon the
streets and highways designed and ~mPro~ed to carry
7. That the granting of the conditional use permft, under the condftions imposed~ wGl not be
det~imernal to the peace, health, safery and general weffare of the citizens of the CnY '~f Anahe~m; znd
-1- PG9636
CR2630DM.WP
~ ~
8. That indicated their presence a* ~~ ~~lonh~ng in opposftion; and that no
correspondence was receNed ln opposition to the subjecc pe
CALIFORNIA EM/IRONMEMAL ~Ur1LIN ACT FIPlDING: That the Anaheim Ciry PlannF~~g
Commission has reviewed the proposai to permft an outdoor garden center and storage area in
conjunction with a maJor retail home improvement center with waNer of ~imitations on pertnitted ~ses and
structures (deleted) on a rectangularly-shaped parcel of land consistin9 of apProximately 9A2 acres located
at the northeast comer of CresceM Avenue and Eudid Street, having approximate froritages of 600 feet
on the north side of GresceM Avenue and 625 feet on the east side of Eudid Street, and furcher described
as 600 North Eudid Street (Anahe~m F~aza Regional Shopp~n9 CeMer - North Siie); and does hereby
approve the NegatNe Dedaration upon flnding that the derJaratfon reflects the (ndependeM Jud9ement of
the lead agency and that it has considered the Negative Declaration together wfth any comments received
receNed that~there is noruebstaMia~ evidence that theh projsect willh ha e a s gniHc:arrtaeffect onethe
environmern.
NOW, THEREFORE, Bc IT RESOLVED that the Anaheim City Flannireg Commission does
hereby grant subJect Petition for Condftional Use Permft, upon the fdlowing conditions which are hareby
fourxi to be a necessary prerequisfce to the proposed use of the subj~ct propert~ in order to preserve the
safery and general welfare of the Citfzens of the Ciry of Anahefm:
1. That a minimum eighteen (18) inch wkie planter, constructed v~rth a sbc (6) inch by six (6) (nch
concrete curb separating the planter from the driveway aisle, shall be installerJ and plantea Wnh fast-
growing ~inging vines ar~d ground cover along the entire exteria' length ot ihe twehie (12) foot high
block wall endosure located on the aast side of the buUding. The vines shali be not tess than ane
(t) gallon in size at time of pianting and and shall not be spaced moi~e 2han three (3) feet apart on-
centars. Said planter may be reduced in size at the comer cut-offs subject to the approval of
Planning Department siaff.
2. That there shall be no audio paging, efthe~ ampl~ed or non-ampl~ied, nor any signal be~~ Pa91ng
systems placed on, or directed toward, the exterior of the buqding.
3. That any security gates Installed across the customer service loading drive-through lanes shail be
constn.rcted cf wrougM iron (not chainlink), and flnished to match the wrought iron treatmerrt used
to endose the outdoor garden center.
4. That any racks of, or stacking of, material~ in the outdoor materials siorage area shali not exceed
a maximum height of twelve (12) feet measured ftom ground level; and that at no Ume shall any
products or materiafs be display9d, stored or temporarily placed outside the outdoor endosure aroas,
except as may be permitted In conjunction with a'specia~ e"~M' through the issuance of a SPe~ial
EveMs PeRnk by the Plann~ng Departmont
5. That no cutt(ng or customizing of mate~iais shall be conducted tn the outdoor materials atorege area;
and that any equipment or machinery used for the cuttfng ofi mate~ials (!•e•, pipe cutters~ saws) g~~
be ptaced inside the building at a reasonable distance from all exterior doors or openings to prevent
such actNities from being audible outside the buUding.
6. That routine maintenar~ae of the diesel-powered emergency generator located on the east side of the
bu(Iding shal be limited to Mondays through Fridays between the hours of 8:00 AM. and 5:00 P.M.
7. That an eight (8) foot high r,oncrete masonry wall shall be constructed on the e~~ ~8 °f the
emergency generator to reduce noise impacts on adjaceni properties.
-2- PC96,36
~ ~
8. That the hydrauiic ramns Incated in the truck docking area shall be covered with a non-slip, resilient
rubber matting to reduce noise caused by noving pallets or other off-loading activfties.
9. That no activfties, induding re-stocking, shall be conducted In the outdoor customer sc3rvice loadtng
and materials storage area prlor to 5:00 AM. or after 9:00 P.M. on M~ndays through Saturdays, or
prior to 8:00 AM. or after 6:00 P.M. on Sundays.
10. That IlgMing ftxtures tocated in the customer service loading and materials storage area shali not
exceed twelve (12) feet in ho(ght measured from ground levsl and shall be shlelded or othervvfss
directed away from adJacent resldeMial ~i~uperties; and that all Ilghts, except low-trrtensity securfty
Iights, shall ~e tumed off no later than 9:30 P.~+1. nighUy.
11. (a) That within a period of ninety (90) days ftom the commencement of outdoor activities in the
customer service loading and materials s~orage area, a noisa tmpact study to evaluate noise
ImpacK.g on the abuttfrr~ residenttat property to the east shall be conducted and submitted to the
Plannfng Departmerrt, and that the business owner/operator shall pay for said study; and
(b) That if any nolse source or Impact is found to exceed maximum allowable sound pressurs levels,
ft shall be mftigated, as recommended by the noise impact study, by and at the expense a; the
business owner/operator within thirty (30) days after the naise fmpact study is flled with the
Planning Department.
12. That subJect property shall be developed substantlally i~i accordance wich pians and specfflcat(ons
suGmitted to the City of Anahelm by the petftfoner and which plans are on flle with the Planning
Department marked F~chibit Nos. 1 through 3.
13. That prior to flnal bulid{ng and zoning inspections or withtn a period of one (1) year from the date
of this resolution, whichever occurs ftrst, Condhion Nos. i, 3, 7, 8, 10 and 12 , abovc+-mentioned, shall
be complied with.
14. That approval of this appl(catfon constitutes approval of the proposed request only to the extent that
R complies with the Anaheim Municipal Zoning Code and any other applfcable C(ty, State and Federal
regulat(ons. Approval does not Indude any action or firxiings as to compliance or approval o# the
request regarding any other applicable orcllr.,ance, regulation or requiremerrt.
BE IT FURTHER RESOLVED that the Anaheim City Plann(ng Cammission does hereby find
and determine that adoption of this Resolution is expressly predicaced upon applicarrt's complianc9 with
each and all of the conditions hereir~above set torth. Should any such corxiftbn, or any part thereof, be
dedared frnalid or unenforceaWe by the flnai judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herain contained, shall be deemed null and vold.
THE FOREGOING RESOLUTION was adopted at tha Planning Commission meeting of
April 15, 1996.
~~
RWOMAN ANAHEIM I PLANNING CAMMISSION
ATTEST:
SECREfA'fFY, (/~NAHEIM CIN PLANNING COMMISSION
~i- PC96-36
~;r ~
~
STATE OF CALlFORNIA )
COUNTY OF ORANGE ) ss.
ClTY OF ANAHEIM )
I, Margarita Sdorio, Secretary of the Anahefm Ciry Planning Commission, do hereb~+ certify
that the foregoing resolu:lon was passed f~ ~a~doPt~ed ~~e m~mbers ihereof: heim Cfty Planning
Comm(ssion held on Aprii 15, 1996, by 9
AYES: COMMISSIONEFIS: BOSTWICK BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHERE6F, i have Y reuMO set my hand th~s ~)~ daY ~~'
1996. -
, rina ~ ~
S~CRErAF~A~INEIM CiTY PLANNING COMMISSION
-4-
PC96-36