Resolution-PC 98-66RESOLUTION NO. PC98-66
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMh11SSION
THAT PETl71UN FOR CONDITIONAL USE PERMIT NO. 4021 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditionai Use Permit for cert2in real property situated in the City of Anaheim, County of Orange, State
of Cal:fornia, and described on Attachment "A"; and
WHEREAS, the City Planning Commission did hoid a pubiic hearing at the Civic Center in
the City of Anaheim on April 27, 1998 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 (nvestigate 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 e.ffered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section Sections 18.44.050.155 and 18.84.061 to permit a 40,000
sq. ft. physical fitness facility in an existing tenant space Iocated in a 157,794 sq. ft. commercial center
with waivers of the following:
(a) Sections 18.06.050.0211 - Minimum number of parking soaces.
18.06.050.022 (1.220 soaces required for the shopping center;
18.06.050.0221 814 soaces proposed and concurred with by the
18.06.050.0231 City Traffic and Transportation Manager ior !his
18.06.050.0232 specific shopping center)
18.06.050.0233
18.06.050.0234
18.06.08Q
and 18.44.066.050
(b) Sections 18.05.091.011 - Permitted commercial center identification sian.
and 18.84.062.040 (one sinale-faced 26 sq. ft. sign on a maximum 3-foot
~ wall permitted for each street frontage;
one double-faced with 24 sq. ft. display areas on each
side, on a 4.5-foot hiQh by 10 foot wide monument sign
proposed adjacent•to Imperial Highway)
(c) Sections 18.05.091.020 - Permitted wali sipns.
and 18.84.062.040 one permitted; two proposed)
2. That a parking study was prepared by to determine the appropriate number of
spaces needed for physical fitness centers exceeding 4,000 sq. ft. (the proposal is 40,000 sq. ft.); lhat the
study ident~fied 236 spaces are needed for this specific physical fitness center (L.A. Fitness); and that lhe
conclusions of said study were approved by the Cily Traffic Engineer and Transportation Manager.
CR3267PL.DOC -1- PC98-66
3. That the parking waiver (a), under the conditions imposed, will not cause fewer
off-street parking spaces to be provided ior such use than the number of such spaces necessary to
accommodate all vEhicles attriCutable to such use under the normal and reasor.ably foreseeable
conditions of operation of such use because the parking supply on the project site exceeds the combined
needs of the proposed project and the other businesses in the shopping center; and th~t the project
parking area is in full compliance with City of Anaheim Engineering Standards.
4. 7hat waiver (a), under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use and,
although adjacenY street curb-side parking is available and mostly vacant, on-site parking is more than
adequate to accommodate parking needs of the proposed L.A. Fitness fac.ility.
5. That waiver (a), under the conditions imposed, will not increase the demand and
competition fc~r parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which pruperty is not expressly provided as parking for such use under an agreement in compiiance
with Sec'ion 13.06.010.020 of this Code) because adjacent properties and parking areas are located too
inconvcnient!y to be of practical use lo patrons or employees of the proposed business; and that there wil!
be no reason to encroach into the adjacent parking facilities because the on-site parking supply exceeds
the needs of lhe proposed business.
6. That waiver (a), under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use because the parking study did not identify
any internal traffic flow prob~ems.
7. That waiver (a), 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
because the proposal will not change existing tra~c circulation nor access ta or from the adjacent streets.
8. That waiver (b), permitted commercial center identification sign, is hereby
approved on the basis that lhis 15.0-acre irregularly-shaped site (s located below grade relative to tho
adjacent arterial hic~hways, with the buildings oriented toward Santa Ana Canyon Road and thereby
reducing visibility to the center and the major tenant from Imperial Highway; that strict application of the
Zoning Code deprives the property of privileges enjoyed by similar properties in the identical zoning
because other businesses are located at grade with greater visibility from adjacent streets; and that the
proposed sign is consistent with other commerciai center signs located in the Scenic Corridor.
9. That waive~ (c), permitted wail signs, is hereby approved on the basis that this
tenant space is below grade relative to the ~djacent arterial highways, il is set back more than 400 feet
from said adjacent highways, other buildings block visibility from the adjacent highways, and that these
circumstances do not apply to other identically zoned properties in the vicinity and strict application of the
Z~ning Code would deprive this property of privileges enjoyed by similar properties in the identical zoning
because other businesses are located closer to the arterial highways and have adequate visibility.
10. That the proposed use will not adversely affect lhe adjoining land uses and the
growth and development of the area in which it is proposed to be located bocause it will provide a service
to benefit area residents and surrounding businesses.
11. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safery and general welfare.
12. That lhe tra~c generated by the propcsed use will not impose an undue burden
on the streets and highways designed and improved to carry the traffic (n the area because ihe physical
fitness center will occupy a former supermarket tenant space with similar iraffic generalion.
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13. 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.
14. That no one indicated their presence at the public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a 40,000 sq. ft. physical fitness f~cility in an
existing tenant space located in a 157,794 sq. ft. commercial center with waivers of the minimum number
of parking spaces, permitted commercial center identification sign and permitted wali signs on a 15.0-acre
parcel located at the northeast corner of Santa Ana Canyon Road and Imperiai Highway, and having
frontages of 1,095 feet on the north side of Santa Ana Canyon Road and 570 feet on the east side of
Imperial Highway (5755 East Santa Ana Canyon Road, "Canyon Plaza Shopping Center"); and does
hereby approva the Negative Declaration upon finding that the declaration reflacts 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 generai welfare of the Citizens of the City of Anaheim:
1. That signs for this business shall be limited to that which is specifically shown on the exhibits
submitted by the petitioner and approved by the Pianning Commission. Any additional signs shall
be subject to review and approval by the Planning Commission as a"Reports and
Recommendations" item.
2, That lighting of any signs on the property shall be prohibited between the hours of midnight and
6:30 a.m. as specified by Zoning Code Section 18.05.091.052, unless a variance is applied for
and granted.
3. 7hat window signs facing Santa Ana Canyon Road shall be prohibited.
4. That outdoor display and/or special eve~ts shall not be permitted wi:hout the approval of a Special
Events Permit in compliance with Code.Section 18.02.055.
5. That the roof-mounted equipment identified on the pians shall be completely screened from uiew
by the existing parape;; and that the equipment shatl be painted the same color as the roof to
further minimize any potential adverse aesthetic impact. This information shall be specifically
sho~vn on plans submitted for building permits.
6. That trash storage area(s) shall be provided and maintained in location(s) acceptable to ihe Public
Works Department, Streets and San~tation Division, and in accordance with approved pians on fiile
with said Department. Such information shall be specificaily shown on the plans submitted for
building permits.
7. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
8. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department,
Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans
submitted for buiiding permits.
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That prior commencing operation of this business, a valid Business License shall be obtained
from the Business License Division of the Finance Department.
10. That the owner of this property shall submit a letter to the Zonir.;3 Division requesting termination
of Variance No. 4222 (waiver of permitted number of wall signs), Conditional Use Permit No. 2372
(permitting a walk-up window at an existing restaurant with waiver of minimum number of parking
spaces) and Conditional Use Permit No. 2348 (permitting sales of beer and wine for on-premises
consumption in a proposed resEaurant with waiver of minimum number of parking space~).
11. That subject property shall be deveioped substantiaily in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on ile with the Pla~ning
Department marked Er,hibit Nos. 1 through 2, and ~s conditioned herein.
12. That within a period of ninety (90) days from the date of this resoluticn, the Canyon Plaza
shopping center property owner shall submit a written agreement to the City Traffic and
Transportation Manager stating that the needed right-of-way will be provided to improve access to
Via Cortez and giving permission for construction of the appropriate street improvements, said
improvements to be approved by the City Engineer.
13. That within a period of ninety (90) days from the date of this resolution, the Canyon Plaza
shopping center property owner shall dedicate the ane (1) foot strip of land on the east side of Via
Cortez and come to an agreement regarding appropriate reimbursement for any improvements
made along Via Cortez.
14. That the existing free-standing wood sign on imperial Highway shall be removed.
15. 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. 5, 6, 7, 8, 10 and 14, 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.
16. That prior to final building and zoning inspections, Condition No. 11, above-n'ientioned, shall be
complied with.
17. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoniny Code and any other applicable City, State arid
Federal regulations. Approval does not include any action or findings as to compliance or
aoproval of the request regarding any other applicable ordinance, regulatiun or requirement.
BE IT FURTFIER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanPs 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 2nd void.
THE FQREGOING RESOLUTION was adopted at tho Planning Commission meeting of
Aoril 27, 1998. ~ ,
~~..GGC~ ~--~"+~c:~, rl<,t' ..
CH~RMAN ANAHEIM CITY PIANNING CON~~~IISSION
ATTEST:
UdIJ~,~r ~~
SECRETARY, HEIM CIIY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY (~F ANAHEIM )
i, Margarita Soloria, 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 Planninc~
Commiss;on held on April 27, 1998, by the follo~ving vote of the members thereof;
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSlONERS:NONE
,4BSENT: COMMISSIONERS:NONE
VACANCY: ONE SEAT VAC~INT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~,
1998.
~ll-~ ~1.~'
SECRE ARY, AHEIM CITY PLANNING COMMISSION
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ATTACHMENT "A"
FILE NO. 59985-CT
PC~LICY NO. 27-042-92-482030
SCHEDiJLE C
THE LAND REFERRED TO IN THIS POLICY IS SITliATED I1V THE STATE OF
CALIFORMA, COLTNTY OF ORANGE, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
Thac porcion of Lo~ 4 of the Dominguez Estate, as shown on a Licensed Surveyor Map filed
in Book 2, Page 15 of Record of Surveys, in the office of the County Recorder of Orange
Councy, California, described~s~ollows:
. ,~ _ .
Beginning a~ the Southwesterly corner of Tract No. 7470, as shown on a map recorded in
Book 326, Pages 18, 19 and 20 of Miscellaneous Maps, records of said Orange County, being
a poinc on the Northwesterly line of the Santa Ana Valley Irrigation Company, as described
in a deed recorded IVlarch 7, 1940 in Book 1033, Page 362 of Of#icial Recurds; thence along
said Norchwescerly line, South 74° 10' 35" West 507.09 feec, Noc-~h 15° 49' 25" V/est 3.00 feet,
and Sou~h 74° 10' 35" West 298.59 feec to the Southwescerly corner of the land described in
deed to W.F. Gleason and wife, recorded May 22, 1951 in Book 2191, Page 226 of said Official
Records, being *. ;e true point of beginning; thence continuing along said Northwescerly line,
South 74° 10' 35" West 715.09 feet co the beginning of a tangent curve concave Norcherly,
having a radius of 818.20 feet, and Westerly along said curve, through a central angle of 09°
21' 14", ar. arc distance of 133.58 feet to a point on the Westerly line of said Lot 4, a ndial
line of said curve passing through said point bears South 06° 28' 11" East; thence along said
Wescerly line, North 0° 16' 25" West 609.25 feet to che Southwescerly corner of the land
desc•;ibed in deed co the Stare of Caliiornia, recorded Feb:uary 2?, 1969 in Book 8885, Page
~77 of OEficial Records; thence along the Southeasterly line of said last mentioned land, North
70° 23' 17" East 132.19 feet, Nonh 60° 52' Ol" Easc 189.71 feet, and Nor~h 56° 00' S3" East
179.51 fee~ to ehe Northeasterly line of said Loc 4; cheace zlong said Nor~heasterly line, South
81" 34' 2~" East 125.13 feet, South 50° 34' 25" East 132.d0 feet, and South 65° 19' 25" East
142.68 Eeet to the Northwescerly corner of said larid of ~'V.F. Gleason; tkience along the
Wescer(y line of said last menxioaed land, South 03° 22' 25" East 464.60 feec to the true point
of beginning.
EXCEPTING FROM the Easterly portion of said land, one-sixth of all oil, gas and other
hydrocarbon substances under and in said land, but without excepting or reserving any right
to use che surface of said land for any purpose whatsoever, as resecved by Jo Ann G.
Tomlinson in deed recorded February 21, 1964 in Book 6933, Page 741 of Official Records.
15
FILE NO. 59985-CT
POLICY NO. 27-042-92-482030
(LEGAL DESCRIPTTON CONTTNUED)
ALSO EXCEPTING from the Westerly porcion of said land, an undivided cne-eighch incerest
ia all oil, gas or other hydrocarbon subscances under and in said land,.but without excepting
or reserving any right to the use of the surface of said land for any puipose whatsoever, as
reserved by Jo Ann G. '''omlinson in deed recorded February 21, 1964 in Book 6933, Page 739
of Official Records.
ALSO EXCEPTING all remainiag oil, gas, minerals and hydrocarbon substznces below a
depch of 500 feec .from the surface of said land, but withouc the right of entry upon any
portion of che surface above a depch of 500 feec for any purpose whauoever, as reserved by
Frederick K. Gleason and others in deed rec~ rded Uecember 14, 1973 in Book 11025, Page 620
of Official Records.
PARCEI, lA:
Commencing at the Southwest corner of Tract Nc. 7470, as per map recorded in Book 326,
Pages 18 through 20 of AQiscellaneous Maps, recor;ls of said Orange County, being at a point
on the Norchwescerly line of Santa Ana Canyc;n Road, 71.60 feet, Northwesterly at right
angles from the centerline of the Westbound lane thereof, as shown on said Traa No. 747Q;
thence along said Northwesterly line of Santa Ana Canyon Road, South 74° 10' 35" West
507,098 feet, and North 15° 49' 25" West 3.00 feet and South 74° 10' 35" West 269.55 feet to
che true point of beginning; thence South 15° 49' 25" East 42.60 feet; thence South 74° 10' 35"
Wesc, 66Q.11 feet to the beginning of a tangent curve concave Nor~hwesterly and having a
radius of 1968.00 feet; thence along said curve, through an angle of 6° 39' 31", an arc length
of 228.71 feet to a point on che Southerly prolongation of the Westerly line of said Lot 4;
thence along said prolongacion and said Westerly line, North 00° 16' 15" West 41.74 feet to
a point on a curve concave Nanhwesterly and having a radius of 818.20 fee~, a radial line
through said point bears Norch'6° 28' 11" West; thence Easterly along said curve, through an
angle of 9° 21' 14", an arc lengch of 133.56 feet; thence along a cangent line, North 74° 10' 35"
East 744.13 feec to the crue point of beginning.
PARCEL 2:
Thac por~ion of Lot 3 of the Dominguez Estate, as shown on a map filed in Book 2, Page 15
of Record of Survey, in che office of the Councy Recorder of said Counry, described as
follows:
16
FILE NO. 59985-CT
POLICY NO. 27-042-92-482030
(LEGAL DESCRIPTION CONITNUED)
Commencing at a point in the centerline of Placentia-Yorba Road, as shown on plans entitled
"Plan and Profile of Placentia-Yorba Road" on file in che office of the County Surveyor of said
County, distant thereon North 0° 28' 35" East 389.41 feet from its. intersection with the
centerline of Santa Ana Canyon Road, 60.00 feet wide, as shown on a map on file in said
office oE the County Surveyor; thence South 83° 46' S7" East 230.68 feec co che West line of
that cenain parcel of land described in deed ~o the Stace of California, recorded January 23,
19~3 in Book 2441, Page 84 of Official Records in said office; thence Nor~h 65° 02' 06" East
202.77 fee~ to tfie crue poinc of beginning; thence Nor~h 86° 25' 25" East 160.31 feet; chence
Norch 71° 12' 00'.' F..ast 116.09 feet to the Southerly cor*~er of that cer~ain parcel of land
described in deed (S'.a~e Parcel C25TI) recorded February 27, 1969 in Book 8885, Page 577 of
Official Records; thence along said Norchwesterly line, South 74° 10' 35" Wesc 507.09 tee~,
Nor~h 15° 49' 25" VVe;* 3.Q0 feet, and South 74° 10' 3S" West 298.59 feet to che Southwescerly
corner of che land described in deed to W.F. Gleason and wife, recorded May 22, 1951 in Book
2191, Page Z26 of said Official P.ecords, being the true point of ueginning; thence contiiiuing
along said Northwesterly line, South 74° 1~' 35" West 715.09 fee~ to the beginning of a
tangenc curve concave Northerly, having a radius of 818.20 fee~, and Westerly along said curve,
through a central angle of 09° 21' 14", an arc distance of 133.58 feet to a point on the Westerly
line of said Lot 4, a radial line of said curve passing through said poine bears Seuth 06° 28' 11"
Ea~t; thence along said Westerly line, North Q° 16' 25" West 6G9.25 feet to the Southwesterly
corner of the land described in deed to the State of California, recorded February 27, 1969 in
Book 8885, Page 577 of Official Records in said office; chence along the Easterly line of said
LoC 3, Souch 0° 32' 18" West 609.26 feec to a point in the Northerly line of the Santa Ana
Vxlley Irrigacion Company Canal Righc-of-Way, the cencerline of which is shown on map filed
in Book 4, Page 44 to ~0 inclusive of record of surveys in said office, said point being on a
curve concave Northerly and having a radius of 818.20 feet; thence from a tangenc bearng
Souch 84° 20' 31" West, Westerly along said curve, through an angle of 22° 40' 42", an arc
distance oi 323.85 feet to che Southerly terminus of the Easterly line shown as "Souch l." 50'
03" West 257.30 feet" in Parcel2 of that portion of Imperial High~vay relinquished to the City
of Anaheim (Fe1-820) by Resoiution of the California Highway Commission, a certi:iec! copy
of which resolution is recorded in Book 10969, Page 47 of said Official Records, and as shown
on map recorded May 23, 1973 in Book 9, Page 9 of State Highway Maps in said office; chence
along said Easterly line of Irnperial Highway, Norch 1° 50' 03" East 257.80 feet; thence North
9° 56' 32" Easc 276.4b f.:ec to che crue poinc of beginning.
EX~~EPT all oil, minerals, nacura! gas, and ocher hydrocarbons by whatsoever name known
chac may be within or under the herein conveyed parcel of land, and the rights thereto,
~o;echer ~ich certain conditions, as excepted and reserved in deed to ~he State of California,
(Scate Parcei C2~64) recorded in Book 8625, Page 802 of Official Records.
17
FILE NO. 59985-CT
POT.ICY NO. 27-042-92-482030
(LEGAL DESCRIPTTON CONTTNUED)
PARCEL 2A:
All that cercain real properry being thac portion of the Santa Ana Valley Imga~ion Company
Canal conveyed to the Santa Ana Valley Imgation Company by deed recorded July 18, 1934
i:i Book 685, Page 255 of Official Records, records of said County, lying within the limits of
the Southerly prolongation of the side lines of Lot 3 of "Dominguez Estate", as shown on a
map filed in Book 2, Page 15 of Record of Surveys, in the office of the County Recorder of
said County.
EXCEPTING THEREFROM, chat porci~n lying Westerly of the Eascerly line, and the
Southerly prolongation of said Eazterly line of the land described in the deed to the State of
Calif4rnia recorded January 23, 1953 in isook 2441, Page 84 of Official Records, records of said
County.
CT/oc
18