Resolution-PC 97-98s ~
RESOLUTION N0. PC97-98
A REuOLUT10N OF THE ANAHEIM CITY PIANNING COMMiSSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3941 BE GFlANTED
WHEREAS, the Anaheim Ci.y Planning Commission did receNa a verffied Petition for
Condftional Use PermR for certain real property sftuated in the C('y af Anaheim, Counry of Orange, State
of Califomia, described as:
PA!iCEL A:
PARCE~ 2, AS SHOWN ON A MAP FILED IN BOOK 29, PAGE 45 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFURNIA.
PARCEL B:
THE RIGHT OF FREE ACCESS TO AND THE USE OF THE "COMMON USE AREA° AS
CONTAINED IN THAT CERTAIN AGREEMENT EXECUTE-~ BY AND BETWEEN STAT~R
BROS. MARKEiS AND INTERNATIONAL MANAGEMENT CORPORRTION RECOHDED
A6f1RCH 3, 1969 IN BOOK 8889, PAGE 89 AND THAT CERTAIN ADDENCUM SO
AGREEMENT RECORDED DECEMBER 17, 1970 IN BOOK 9432, PAGE 656, BOTH OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Ciry Planning Commission dki hdd a public hearing at the CNic Center
fn the City of Anaheim on July 21, 19~7 at 1:30 p.m., notice of said pubifc hearing having been duly given
as required by law and in accordanc~ wfth the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for arxi against said proposed condftional use pertnit and to investigate and
make flndings and recommendatfons in connect(on 4herewith; and
WHEREAS, said Commisston, after due inspection, investigation and study made by itseli
and in fts behalf, and after due consideration of all evidence and reports offered at said hearing, does tlnd
and determine the f~llowing facts:
1. That the prcposed use is properly one for which a conditional use permft is author(zed by
Anaheim Municipal Code Sections 18.01.040 and 18.44.050.135 to permit one addftional tenant space in
an existing commercial retail center wfth the following waiver:
Sar.tinns 18.06.050.022 - Minimum number of oarklna soaces.
~g. , 21 required; ~ exist(ng and recommended by the City
and 18.qq.066.050 Traffic and Transportation Manager)
2. That the parking study and analysis submttted by the petitfoner indicates that the peak
parking demand (based on the demand at the existing commercial retail center) for off-street parking (94
spaces) (s substantially lower than the number of spaces (200) provided;
3. That the waiver, wxfer the conditfons imposed, wfll no2 cause fewer off-street parking
spaces to be provkled for such use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonably foreseeable condftions of operation of
such use;
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4. That the waNer, urxier the conditions imposed, will not increase the de ~ u 8 be°~USenthe
for parking spaces upon the pubifc streets in the Immediate viciniry of the propo
project parkin9 lot has more than adequate parking to accommodate the peak parktng demands;
5, That the waiver~ s~nder the conditions imposed, will not increase the demand and
competition for parfcing spaces upon adJacent prNate prupertY ~n the immediate vicinity of the proposed
use (which pro~eRy is not expressly p~o^tkled as Parking for such use under an agreekinntaS i~° i~t~ in
wfth Section 18.06•010.020 of this Cede) because the project site provides ample par 9
the parking analysis;
6, That the walver, under the conditions fmposed, will not increase traffic congestion within
the off-street parking areas or lats krovi~dtied fo~esTU~ch~u a~ i~hat theha substant al u~rplus of pa king spaces
is greater than the anticipated pea Pa 9 k hour;
is expected before and after the 4:30 P•m• Pea
7, That the waNer, under the conditiar~~ ~mPosed~ Will not impede vehicular ingress to or
egress from adjacer~t proPe!ties upon the public atreets In the immediate vicinfry of the propased use
because the proJec4 ~s not arrt~cipated to ~enerete in demand for on-street parking; and that excellent
Iines-of-sight and tuming areas for ihe Fsroject drivewa;~s on Lincoln Av~nue exist and will remain
unaffected by the proposa~;
12 is roperly one for whicaSCOnditionai~e Parmitris authorized by the Zon ng Codeunfts from 11 to
~ P
g. That the pr~posed use wll~ not adverseiy affect the adjoir~ing land uses and the ~rowth and
development of the area in which ft is proposed to be located, that addftiona! retail space wfthin the
existing commercial center wfll create a negligible traffic impact on the area because the center was
designed to accommodate a varietY of retail uses and this space was previously occupied by retail garden
sales in conJunction wfth a home improvement store; and that this store will provide a variery of automobile
parts and accessories in a location that la compatiblee ~entiaieneighborhoodsa~n9 land uses; and that
the store will be accossiWe and bene~cial to nearby
~p, That :he size and shape of the site for the proposed use is adequate to allaw the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safery and general welfare;
11. That the traffic generated by the propo ted traff c1l in ~he ar~e,ae an undue burden upon th~
streets ar~d highways des(gned and improved te carry
12. That the granting of the condftional use permft, under ihe condftions imposed, will not be
detrimental to the peace, health, safety and general weifare of the cftizen~ of the City of Anaheim; and
13. That no one indicated their presence at said public hearing in opposnion; and that no
correspondence was receNed in opposition to the subJect petition.
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~ALJFORNIA ENVIRONMENTAL QUAUTY ACT FINDING: That the Anahefm City Planning
Commission has revieweci the proposal to permft one additional tenant space in an existing commercial
retail center on a 6.0-zicre propeRy iocated south and east of the southeast comer of Uncoln Avenue and
Knott Street, with ftontages of 590 feet on the souch sfde of Lincoln Avenue and 198 feet on the aast side
of Knott Street, havtng a maximum depth of 378 feet, and befng located 198 feet east of the centerline of
Knott Street (34U0~3456 West Llncoln Avenue); and does hereby approve the Negatbe Declaration upon
finding that the declaratton reflects the independent Judgement of the lead agency and that ft has
considered the Negative Dedaration together wfth any comments recelved during tha public review
process and further ftnding on the basis of the inRiai study and any comments received that there is no
substantial evidence that the project will have a signff(card effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subJect Petftion for CondRio~al Use Permit, upon the following condftions which are hereby
found to be a necessary prerequisfte to the proposed use of the subJect property in order to presErve the
safery and generai w~lfare of the Cftizens of the Cfty of Anaheim:
1. That no roof-mounted equipment shall be permitted unless iully screened from view from all public
streets and adJacent properties in accordance with the Anaheim Municipal Code standards. If roof-
mouMed equfpmerrt is proposed, the awner/developer shall show detailed screen information on the
plans submitted for building permfts.
2. That sfgnage for subject facility shall be Iimfted to that shown on the exhibits submitted by the
petftioner and approved by t!~e PlanninSl Commission. Any additional signs shall be subject to review
and approvaf by the Planning Commis:,lon as a`Reports and Recommendations` ftem.
3. That automobile repair and maintenanc~ shall not be permitted on the subjoct property, including fn
the parking lot adjacerrt to the business. Sfgns shall be posted in the parking !ot proh~bit(ng any type
of vehicle malMenance arxi/or repair on the premises.
4. That the applicant shall be responsible fcir maintaining the premises free of Iitter at all times.
5. That all landscaped areas shall be refurbished, planted, inigated and maintained, and shall conform
wfth Exhibit No. i, except as otherwise condftioned herein.
6. That the owner at subJect property shail ixs responsible for the removal of any on-sfte grafffti wfthin
twenty four (24) hours of fts application.
7. That any tree or other landscap(nfl planted on-site shall be replaced in a timely manner in tlie event
that it Is removed, damaged, diseased and/or dead.
8. That trees shall not bo unreasonably t~immed to increase vfsibilit~~ of the building.
9. That the property owner shall submR a letter requesting term(nation of Condftional ~Jse Permit No.
1044 (permitting a 129-unft, 3-story motel with waNer of maximum building hefght) to the Zoning
DNisfon.
10. That minimum fifteen (15) gallon sized trees sh;ill be planted on maximum twenry (20) foot centers;
and that fast-growing tall shrubs and groundcover shall be installed in the existing and new planters
on the east side of the building.
11. That trash storage sreas ahall be refurbished 1.o the satisfaction of the Public Works Department,
Streets and Sanitation DNision, to com~'y wfth approved plans on flle with said Department.
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12. That a plan sheet for solid waste storage and cdlection, and a plan for recyding shall be submitted
to the Pubiic Warks Department, Streets and Sanitation DNision for review and approval.
13. That an on-site trash truck tum-around area shall be provided and maintained to the satisfaction of
the Public Works Depa;tment, Streets arui Sanitatfon DNisfon. Said tum-around area shall be
specffica~ly shown on plans submftted for building permfts.
14. That any exterior vending machfne shall not be visibie to any pubUc right-of-way.
15. That prlor to the commencernent of business operatians, a valid Ctcy of Anaheim busineas Iicense
shall be obtafned ftom the 8usiness License Division of the Finance Department.
16. That the parkfng lot serving the pre~mises shall be equipped wfth lighting of sufficient power to
flluminate and make easily discemible the appearance and conduct of all persons on or about the
parking lot. Said UgMing shall be directed, posftioned and shielded in such a manner so as not to
unreasonabiy i'~luminate the window areas of nearby businesses.
17. That four (4) addftional minimum frfteen (15) gallon sized trees shall be planted in the landscape
setback area adJacent to Lincdn Avenue, for a totai of sixteen (16) trees includfng twelve (12) existing
trees.
18. That the graMing of the parking waNer is contingent upon operatfon of the use in conformance with
the assumptions and/or condusions relating to the operation and intensity of use as contained in the
parking demand study that formed the basis for approval of said waiver. Ex.ceoding, violating,
intensffyfng or otherwise deulattng from any of said assumptlons and/or conclusions, as conta(ned
in the parking demand study, shall be deemed a violation of the expressed corxiftions imposed upon
sa(d waNer which shali subJect this condftional use permit to termination or modffication pursuant to
the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
19. That the existing eight (8) foot high chain Ifnk fence with barbed wire located along the rear portlon
of the east property Iine shall be removed and replaced wfth a new sbc (6) foot high wrought iron
fence to match the caor and style of the existing conttguous wrought iron fence; provided, however,
ff ft is determined that the (8) foot high chain Ifnk fence is not on tha appl(cant's property, the
applicant shall work wtth the adjoining property owner and offer to pay for replacement of the
chafnlink fence. If after a good fafth effort, the adJacent properry owner is noi wiiling to allow thQ
removal and replacement of the existing fence, the appllcant will not be required to replace it.
20. That subJect property shall be developed substantially in accordance with plans and specffications
submitted to the City of Anaheim by the petftfoner and which plans are on file with the Plann(ng
Deparment marked Exhibft Nos. 1 and 2, and as r..onditioned herein.
21. That p~ior to issuance of a building permit or within a period of one (1) year from the dato of this
resolution, whichever occurs flrst, Condition Nos. t, 9,12 and 13, above-mentioned, sFiall be complied
wfth. Extensions for further time to complete said conditions may be 9ranted fn accordance wfth
Section 18.03.090 of the Anaheim Municfpal Code.
22. That pior 4o final buNding and zoning inspections Condition Nos. 3, 5, 10, 11, 16, 17, 19 and 20,
above-mentioned, shall be complied wich.
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23. That approval of this app!'~catlon constftutes approval of the proposed request only to the extent that
ft complies wich the Anaheim Munfcipal Zonfng Code and any other applfcabie Ciry, State and Federal
regulations. Approvai does not Indude any action or findings as to campliance or apprcval of the
request regarding any other applicable ordinance, regulation ar requirement.
BE IT FURTHER RESOLVED that the Anahefm Ctty Pianning Commission does hgreby flncl
and determine that adoption of this Resolution Is expressly predicated upon applicaM's ~ rt thereof, be
each and ail of the condftions hereinabove set fortt~. Should any such condltion, or any pa
dedared im-aitd or une~orceaWe by the flnal Judgmgnt c~f eny co~rrt of competent Jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed nuil and vofd.
THE FOREGOING RESOLUTION was adopted at the ~'lanning Commisslon meeting of July
21, 1997.
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CHAIRPERSON ANAH I CITY PLANNING COMMISSION
ATTEST: , n
'~~.~u"~vdfi.~lS
SEGRETARY, HEIM CIlY PLANNIN~ COMMISSION
STATE OF CALIFCIRNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Sdo~io, Secretary of the Anaheim Ctty Planning Commissfon, do hereby certify
Commissioneheld on July 21n 1997, bySthe fdlrn+ri g~vote of tha members thereof:~haim Ctty Planning
AYES: COMMISSIONERS: BOSTWICK BOYDSTUN, BRlSTOL, HENNINGER, MAYER, PERAZA NAPOLES
NOES: COMMISSIONERS: NONF
ABSENT: COMMISSIOtJERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of _~~,(~ U ~
1997. `~W,
1
SECRETARY, AN EIM CITY PLANNING COMMISSION
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