Resolution-PC 99-156RESOLUTION NO. PC99-156
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4144 BE GRANTED
WHEREAS, the Anaheim City Flanning 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:
PARCEL1:
THAT PORTION OF LOT 6 OF TRACT N0. 2517, IN THE CITY OF ANAHEIM
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 133, PAGE(S) 40, 41, AND 42, INCLUSIVE, MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS: PARACEL 1 AS SHOWN ON A MAP FILED IN
BOOK 8, PAGE 25 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
PARCEL 2:
THE EAST 279.33 FEET OF THE SOUTH TWO ACRES OF THE SOUTHEAST
C2UARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUART'ER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 1C WEST, IN THE
RANGE LOS COYOTES, IN THE CITY OF ANAHEIM, AS PER MAP
RECORDED IN A BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE
OFFICL OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 16, 1999 at 1:30 p.m., notice of said public hearing having been duly
given as requir;:d 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
itself 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 properiy one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.135 to establish conformity with existing zoning code land
use requirements for an existing commercial center and to construct a new unit for a retail carpet sales
warehouse with waiver of the following:
Sections 18.06.050.020.022 - Minimum number of reQUired parkina s~aces.
18.06.050.021.0212 77 s aces required;
18.06.050.022.0221 57 soaces proposed and approved by the City Traffic and
18.06.050.023.0231 Transportation Manager)
18.06.080
and 18.44.066.050
2. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate
all vehicles attributable to the proposed use under the normal and reasonably foreseeable conditions of
operation of such use.
CR3728PK.DQC; -1- PC99-15G
3. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the pubiic streets in the immediate vicinity of the proposed use.
4. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compllance
with Section 18.06.010.020 of the Zoning Code).
5. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for the proposed use.
6. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinfty of the proposed use.
7. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located; and that the existing commercial
center has been operating without adversely affecting surrounding land uses.
8. That the size and shape of the site for the proposed use is adequate to allow the fuil
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safery and general welfare.
9. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
1A. That granting of this conditional use permit, under the conditions imposed, wili not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and
that the warehouse addition is approved on the basis that there will be additional landscaping provided
along the wall.
11. 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 the Anaheim City
Planning Commission has reviewed the proposal to establish conformity with existing zoning code land
use requirements for an existing commercial center and to construct a new unit for a retail carpet sales
warehouse with waiver of minimum number of required parking spaces on a rectanguiarly-shaped 0.94-
acre property having a frontage of 172 feet on the west side of Euclid Street, a maximum depth of 277
feet and being located 130 feet north of the centerline of Glenoaks Avenue, and further described as
821-825 North Euclid Street (Glen Oaks Plaza); and does hereby approve the Negative Declaration
upon finding that the declaration reflects 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 foliowing 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 general welfare of the Citizens of the City of Anaheim:
Commercial center
1. That (a) a minimum of eight (8) minimum twenty four fnch (24") box trees shall be planted in
existing planter areas adjacent to Euclid Street or in areas approve:i by the Planning Department,
and the Public Works Department, Tral~c Engineering Division; and (b) a minimum of lwo (2),
minimum twenty
CR3728PK.DOC -2- PC99-156
four inch (24") box, broad-headed trees shall be provided in the ten (10) foot planter adjacent to the
wall along the west property line; and (c) vines shall be planted on maximum three (3) foot centers,
including frrigation facilities, to screen and cover the wall on the west property line from the north to
south to the jog in the property line and (d) the existing landscape planters shall be refurbished.
Said information shall be spe~ifically shown on plans submitted for Zoning Division and City Traffic
and Transportation Manager approval. Said landscaping shall be planted within sixry (60) days
from the date of plan approval.
2. That trees shall not be unreasonably trimmed in order to increase visibility to this commercial
center.
3. 7hat trash bins/barreis shall be stored out of the public's view.
4. 7hat any existing or future public telephone(s) shali be located inside the building. Existing exterior
4elephones shail either be removed or placed inside the building.
5. That the owner of subject property shall be responsible for the removai of any on-site graffiti within
twenty four (24) hours of its application.
6. That no outdoor vending or water machines shall be visible to the public right-of-way (Euclid
Street).
7. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
8. That ail trash generated from the uses on this property shall be properly contained in trash bins
inside approved trash enclosures. The number of bins shall be adequate and the trash pick-up
shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from
the property. The Code Enforcement Division of the Planning Department shail determine the need
for additional bins or additional pick-up. All costs for increasing the number of bins or additional
frequency of pick-up shall be paid by the business owner(s).
9. That all debris in the parking areas and around the building shall be removed immediately and the
property shall be maintained free of litter at all times.
10. That signage for subject faci~iry shall be limited to that which is shown on the approved exhibits and
photographs submitted by the petitioner. Any additional signs shail be submitted to the Zoning
Division for review and approval by the Planning Commission as a"Reports and
Recommendations" item.
11. That this commercial center shall be limited to a maximum of eight (8) units, as stipulated to by the
petitioner, unless a separate future application is submitted and granted for additional units.
12. That no outdoor stc~rage, display or sales of any merchandise or fixtures shall be permitted outside
the building.
13. That the existing roof-mounted 2quipment shall be visuatly screened from the adjacent residential
land uses to the west.
14. That the parking stalls shall be re-striped where the painted lines have faded.
15. 7hat the base of the existing sign shall be repaired.
CR3728PK.DOC -3- PC99-156
Car~et and Floorinq Sales
16. That the hours of operation shall be limited to the following as stipulated to by the petitioner.
Monday through Friday, 8 3.m. to 6 p.m.
Saturdays: 8 a.m. to 5 p.m.
Sunday: 10 a.m. to 4 p.m.
17. That plans shali be submitted to the City Traffic and Transportation Manager for review and
aoproval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
18. That an on-site trash truck tum-around area shall be provided per 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 building permits.
19. That no new roof-mounted equipment shall be permitted unless compliance with screening
requirements, as specified in Anaheim Municipai Code Section 18.44.030.120, (s provided. Said
information shall be specifically shown on the plans submitted for Zoning Division approval and the
approved screening shall thereupon be constructed when such equipment is installed.
20. That the legal owner of the subject property shall provide the City Electrical Enaineering Division of
the Public Utilities Department with a public utilities easement to be determined as electrical design
is completed.
21. That the developer shall pay the Sewer Capacity 6litigation Fee for the North Central Area based
an the floor area to be constructed.
22. That granting of this parking waiver is contingent upon operation of the use in conformance with the
assumptions and/or conclusions relating to the operati~n and intensiry of use as contained in the
parking demand study that form2d the basis for approvai of said waiver. Exceeding, vlolating,
intensifying or otherwise deviating from any of said assumptions andlor conclusions, as contained
in the parking demand study, shall be deemed a violation of the expressed conditions imposed
upon said waiver which shall subject this conditional use permit to termination or modification
pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
23. That prior to commencing operation of the new business, a valid business license shall be.obta(ned
from the Business License Division of the Finance Department.
24. That subject property shall be developed substantially 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 and 2, and as conditioned herein.
25. That within a period of two (2) months from the date of this resolution, Condition Nos. 1, 4, 13, 14
and 15, above-mentioned, shall be completed.
26. That prior to issuance of a building permit for the new tenant unit or within a period of one (1) year
from the date of this resolution, whichever occurs first, Condition Nos. 17, 18, 19, 20 and 21,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.G3.090 of the Anaheim Municipal Code.
27. That prior to final buiiding and zoning inspections for the new tenant unit, Condition No, 24,
ahove-mentioned, shall be complied with.
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2F. 1'hat a~proval 06 this application constitutes approval of the proposed request only to the extent that
~t com~ties with the Anaheim Municipal Zoning Code and any other applicable City, State and
Fed~;;al rer,ulations. Approval does not fnclude any action or findings as to compliance or approval
oi ±he reauest regarding any other applicable ordinance, regulation or requirement
BE IT FURTHEP, RESOLVED that the Anaheim City Plannin5 Commission does hereby
fir-! _;~{ determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
•aith~ ~ac,h and ail of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invaiid or unenforc~able by the final judgment of any court of competentjurisdiction, then this
R2solution, and any approvals herein contained, shall be deemed null and void.
THE FOREGUING RESOLUTION was adopted at the Planning Commission meeting of
August 16, 1999.
//'" ~Etic.c/ ./~ G~-~-««v
CHAIRP~ SON, ANAHEIM CITY NNING COMMISSION
ATTEST:
. ~~'f~'1.1~'
SECRETARY, AN EIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Soiorio, 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 August 16, 1999, by the follo;nring vote of the members thereof:
(1) Regarding waiver of the minimum number of parking spaces.
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS,
NOES: COMMISSIONERS: NAPOLES, VANDERBILT
ABSENT: COMMISSIONERS: ESPING
(2) Regai ding establishfng conformity with current Zoning Code land use requirements for the existing
commerciai center.
AYES: COMMISSIONERS: BOSNVICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ESPING
(3) Regarding construction of a new unit for retail warehouse sales.
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, KOOS, NAPOLES,
NOES: COMMISSIONERS: BRISTOL, VANDERBILT
ABSENT: COMMISSIONERS: ESPING
~/}(h~I~ WITNESS WHEREOF, I have hereunto set my hand this ~`/~ day of
__~~~p~~, 1999. ~/ •
4C~.1~ ~01e~.8~
SECRETARY, NAHEIM CITY PLANNING COMMISSION
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