Resolution-PC 99-125RESOLUTION NO. PC99-125
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDIT(ONAL USE PERMIT NO. 4134 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 2, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE
ADJUSTMENT NO. 297 RECORDED MAY 16, 1994 AS INSTRUMENT NO 94-
0335958 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on Juiy 7, 1999 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 investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itseif 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 proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.61.050.135 and 18.61.050.145 to permit a retail and wholesale
flooring company in an industrial complex.
2. That the proposed use wili not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
3. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposal in a manner not detrimental to the particular area nor to the peace, heaith,
safety and general welfare because the proposal complies with all applicable ML(SC) "Limited Industrial -
Scenic Corridor Overlay" Zone development standards, including the minimum number of parking spaces.
4. That the tr~ffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the fraffic in the area.
5. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safe!y and general welfare of the citizens of the City of Anaheim.
6. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That lhe Anaheim City
Planning Commission has reviewed the proposal to permit a retail and wholesale flooring company in an
industrial complex on a irregularly-shaped 21.6-acre property located at the westerly terminus of Crystal
Drive, having a frontage of 45 feet on the west side of Pullman Street and a maximum depth of 2,265 feet
(5095 East Crystal Drive, Building A); and does hereby approve the Negative Declaration upon finding
that the declaration reflects the independentjudgment 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 thet there is no substantial evidence
that the project wiil have a significant effect on the environment.
CR3684PK.DOC -1- PC99-125
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planninc~ 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 weifare of the Citizens of the City of Anaheim:
1. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with appraved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable from adjacent streets. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials such as minimum one (1) gailon sized clinging
vines planted on maximum three (3) fout centers, or tall shrubbery. Said information shall be
specificaliy shown on the plans submitted for building permits.
2. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
3. That an on-site trash truck turn-araund area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
S~~d turn-around area shal~ be specifically shown on plans submitted for building permits.
4. That wall signs for this building shall comply with all sign regulations for the ML(SC) Zore and the
Conditions, Covenants and Restrictions (CC & R's) governing this industrial compiex. No wall signs
shall be visible to either the Riverside Freeway or the Santa Ana River channel. Plans for any
signage shall be reviewed by the Zoning Division to verify that such signage is in compliance with
Code and the CC & R's for this industrial complex.
5. That no Special Event Permits shall be issued for this business location, and that banners and other
advertising devices shall be not be permitted.
6. That any ground-mounted and roof-mour.ted equipment shall be subject to Anaheim Municipal
Code Secti~n 18.84.062.032 pertaining to the "SC" Scenic Corridor Overlay Zone. Such
information shall be specifically shcwn on the plans submitted for building permits.
7. That prior to commencing operation of this business, a valid business license shall be obtained from
the City Business License Division of the Finance Department.
8. That three (3) foot high address numbers shall be displayed on the roof in a contrasting color to the
roof material. The nurnbers shall not be visible to any street or adj~cent property.
9. That this business operation shall be limited to wholesale and retail sale of flooring, ~s stipulated to
by the petitioner in the letter of operation submitted to and on file with the Planning Departmeiit.
10. That subject prope,•ty shall be developed substanti~lly 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 Exhibit Nos. 1 through 6; and as conditioned herein.
11. That prior to commencement of the activity authorized by this resolution, prior to issuance of a
building permit, or within a period of one (1) year from the date of this resoiution, whichever occurs
first, Condition Nos. 1, 2, 3, 4 and 6, 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.
12. That prior to commencement of the activity authorized by this resolution or prior to finai building and
zoning inspections, whichever occurs first, Condition Nos. 8 and 10, above-mentioned, shail be
complied with.
CR3684PK.DOC -2- PC99-125
13. That approval of this applicatfon constitutes approval of the proposed request oniy 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.
14. That within a period of ten (10) days from the date of approval of this project, the property owner
shall make a check pa.yaole to K-Mart Corporation in the amount of thirty eight thousand five
hundred eighty sevsn dollars and twenty seven cents ($38,587.27) in accordance with the
agreement that has been recorded in the County of Orange. Evidence of said payment shall be
submitted to the Planning Department.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be deciared invalid or unenforceable by the final judgment of any cou of competent jurisdiction, then this
Resolution, and any approvals lierein contained, shall b eme and void.
THE F~JREGOING RESOLUTIO ad ed t nning Commission meeting of
July 7, 1999.
CHAI ON, HEIM CITY PLANNING COMMISSION
Al?EST:
~~~ ~'~~
SECRETARY, ANAH M CITY PLANNING COMMISSION
STATE OF CA~IFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 July 7, 1999, by the following vote of the memhers thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMnAISSiONERS: NONE
ABSENT: COMMISSIONERS: ESPING,
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~, 1999.
~~ ~efo~
SECRETARY, AHEIM CI i Y PLANNING COMMISSION
CR3684PK.DOC -3- PC99-125