Resolution-PC 99-15RESOLUTION NO. PC99-15
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL IiSE PERMIT NO. 4068 BE DEN!ED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use ?ermit for certain real property situated in the City of Anaheim, County of Orange, State
of Califomia, described as
PAR ~ELS 1, 2, 3 AND 4 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP FILED IN BOOK 120,
PAGES 22 AND 23 UF PARCEL MAPS, IN THE OFFICE OF THE CCUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on Januar~R 20, 1999 at 1:30 p.m., iiotice 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 continued from the
Commission meetings of October 26, November 9, December 7, 1998 and January 4, 1999; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of a!I evidence and reports offered at said hearing, does find
and determine the foilowing facts:
1. Tlie petitioner requests approval of a conditional use permit to expand an existing 45-unit,
55,557 sq.ft. commerc~ai center by the 2,266 sq.ft. expansion of an existing building and the construction
of a new 1-story 2,820 sq.ft, building containing 5 new units, for a total of 50 units (office, retail, financial
and restaurant uses) with a total of 60,643 sq.ft., with wa~vers of the foilowing:
(a) Sections 1E.05.091.010 - Permitted number and tyoe of commercial identification
18.44.06 % sians.
and 18.84.062.040 (One sign on a 36-inch hiah decorative-tvpe wall permitted
on each street frontage;
four 6-foot high monument siQns proposed along three street
frontages)
(b) Sections 18.06.050.021 - Min~mum number of oarkinq spaces.
18.06.050.022 (370 spaces required; 294 proposed and concurred with by
18.06.050.0231 the City Traffic and Transportation Manager)
and 18.44.066.050
(c) Section 18.44.062.011 - Maximum structural heiaht adjacent to a residential zone.
(d) Section 18.84.062.011 - btinimum structural setback adiacent to a scenic hiqhwav.
(100 feet required; 92.5 feet proposed alcng Santa Ana
Canyon Road)
(e) Section 18.84.062.013 - Minimum structural and landscaoe setback adjacent to a
local street.
(20 feet required; 4.5 feet proposed along Old Santa Ana
Canyon Road)
CR3536PK.DOC -1- PC99-1 F
2. That this proposal was inadvertentiy advertised with incorrect square footages and
number of units that were larger than the actual proposal which is described in the preceding paragraph.
3. That waivers (a), (d) and (e) (permitted number and type of commercial identification
signs, minimum structural setback adjacent to a scenic highway, and minimum structural and landscaped
setback adjacent to a local street) are hereby denied because there are no special circumstances
applicable to this property such as size, shape, topography, location or surroundings, which do no apply to
other identically zoned properties in the vicinity to justify these waivers; and, further, that any waiver
granted pertaining to these requirements would grant a special privilege noi enjoyed by other properties in
the immediate vicinity.
4. That waiver {b), minimum number of parking spaces, is hereby denied because, although
the number of parking spaces may be adequate, the parking and circuiation could become congested as a
consequence of expanding this particular commerciai center.
5. That waiver (c), maximum structural height adjacent to a residentiai zone, is hereby
denied because it was deleted by plan revisions.
6. That the proposed use is hereby denied on the basis that it would adversely affect the
adjoining residential land uses to the north and west, and the growth and development of the area in which
it is proposed to be located.
7. That the size and shape of the site proposed for the use is not adequate to allow the full
development of the proposal in a manner not detrimental to the particular area nor to the peace, hPalth,
safety and general welfare of the Citizens of the City of Anaheim, as evidenced by the number of waivers
being requested.
8. That granting of this conditional use permit under would be detrimental to the peace,
health, safety and general welfare of the Citizens of the City of Anaheim because of the close proximity of
the new buildings to other buildings, to residential properties and to public rights-of-way; and that the loss
of existing mature landscaping would also be detrimental.
9. That the traffic generated by the proposed use would impose an undue burden upon the
streets and highways designed and improved to carry the tra~c in the area because the higher density
which wouid result from this proposed expansion wouid cause potential vehicular circulation congestion.
10. That the size of this property may be adequate to aliow for axpansion of the commercial
retail center without any Code waivers if properly designed; however, since a number of Code waivers
are necessary, this property may have reached its ultimate development capacity.
11. That two people indicated their presence at the public hearinc~ in opposition to the
proposal; and that correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING; That the Anaheim City
Planning Commission has reviewed the proposal to expand an existing 55,557 sq.ft., 45-unit commercial
center by the 2,266 sq.ft. expansion of an existing building and the construction of a new 1-story 2,820
sq.ft. buildin~ consisting of 5 new units, for a total of 50 units (office, retail, financial and restaurant uses)
with a total of 60,643 sq.ft. on a irregularly-shaped, 5.03-acre property located at the northwest corner of
Santa Ana Canyon Road and Imperial Highway, and having frontages of 700 feet on the north side of
Santa Ana Canyon Road and 500 feet on the west side of Imperial Highway (5555 - 5665 East Santa Ana
Canyon Road - Imperial Canyon Shopping Center); and does hereby deny the Negative Deciaration upon
finding that the declaration reFlects the independent judgment of the lead agency and that it has
considered the Negative Deciaration 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
substantial evidence that the project will have a significant effect on the environment relative to parking,
-2- PC99-15
traffic, circulation, aesthetics, dw,~iacement of historical monuments, and noise.
NOW, THEREFORE, BE IT RESOLVED thzt the Anaheim City Planning Commission
does hereby deny subj2ct Petition for Conditional Us Permit on the b's f the aforementioned findings.
7HE FOREGOING RESOLUTIO w do ted at the lan ' Commission meeting of
January 20, 1999. ' r ~
/
CHAIRP , A EIM C TY PLANNING COMMISSION
Al 1'EST:
./~'u~.~G!~i~~- ~~~
SECRETARY, ANAH M CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resoiution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 20, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWI~K,
WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF,
, 1999.
BOYDSTUN, i3RISTOL, ESPING, KOOS, NAPOLES,
I have hereunto set my hand this ~~~ day of
,/~'I~U~2~'~c~J ~oR-cd~
SECP.ETARY, AN EIM CITY PLANNING COMMISSION
-3-
PC99-15