Resolution-PC 2014-052RESOLUTION NO. PC2014 -052
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING CONDITIONAL USE PERMIT NO. 2013 -05698 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00097)
(1659 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to
as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No.
2013 -05698 to permit an outdoor soccer facilty with two soccer fields (herein referred to as the
"Proposed Project ") for certain real property located at 1659 West Lincoln Avenue in the City of
Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto
as Exhibit A and incorporated herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 1.0 acre, is developed with an
office building and soccer fields. The Anaheim General Plan designates the Property for General
Commercial land uses. The Property is located within the General Commercial (C -G) Zone. As
such, the Property is subject to the zoning and development standards described in Chapter 18.08
(General Commercial Zone) of the Anaheim Municipal Code (the "Code "); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 30, 2014 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against said proposed
Conditional Use Permit No. 2013 - 05698, and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that the Proposed Project is within that class of projects which
consist of the repair, maintenance, and /or minor alteration of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 (Class 1 — Existing Facilities) of
Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant
effect on the environment and is, therefore, categorically exempt from the provisions of CEQA;
and
WHEREAS, the Planning 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 with respect to the request for Conditional Use Permit No. 2013 - 05698, does find
and determine the following facts:
1. The request to permit an outdoor soccer facility in the General
Commercial (C -G) Zone is properly one for which a conditional use permit is authorized
by Section 18.08.030 (Conditionally Permitted Uses) of the Code.
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2. The request to permit an outdoor soccer facilty would not adversely affect
the surrounding land uses and the growth and development of the area in which it is
proposed to be located because the Proposed Project would operate on evenings and
weekends and would not interfere with the businesess in the immediate vicinity; and
3. The size and shape of the site for the Proposed Project is adequate to allow
the full development of the proposed use, in a manner not detrimental to either the
particular area or health and safety because the site can accommodate the parking, traffic
flows, and circulation without creating detrimental effects on adjacent properties.
4. The traffic generated by the Proposed Project will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the
area because the traffic generated by this use will not exceed the anticipated volumes of
traffic on the surrounding streets and there is adequate parking on -site (as indicated in the
Parking Study) to accommodate the use; and
5. The granting of the conditional use permit under the conditions imposed
will not be detrimental to the health and safety of the citizens of the City of Anaheim
because the Proposed Project will be compatible with the surrounding commercial and
industrial land uses.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2013 - 05698, contingent upon and subject to the conditions
of approval described in Exhibit B attached hereto and incorporated herein by this reference,
which are hereby found to be a necessary prerequisite to the proposed use of the Property in
order to preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be
amended by the Planning Director upon a showing of good cause provided (i) equivalent timing
is established that satisfies the original intent and purpose of the condition(s), (ii) the
modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code.
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BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's 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 and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of June 30, 2014. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIR, PLANNING COM ION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the
Planning Commission of the City of Anaheim held on June 30, 2014, by the following vote
of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 30 day of June, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV2013 -00097
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Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2013-05698
(DEV2013- 00097)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
WITHIN 60 DAYS OF APPROVAL OF THE PERMIT
1
All light fixtures shall be refurbished and repaired to adequately
Planning
illuminate the site.
Department,
Planning Services
Division
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
2
That all backflow equipment shall be located above ground outside
Public Utilities,
of the street setback area in a manner fully screened from all public
Water Engineering
streets and alleys. Any backflow assemblies currently installed in a
vault will have to be brought up to current standards. Any other
large water system equipment shall be installed to the satisfaction
of the Water Engineering Division outside of the street setback
area in a manner fully screened from all public streets and alleys.
Said information shall be specifically shown on plans and
approved by Water Engineering and Cross Connection Control
Inspector.
3
All requests for new water services, backflow equipment, or fire
Public Utilities,
lines, as well as any modifications, relocations, or abandonments of
Water Engineering
existing water services, backflow equipment, and fire lines, shall
be coordinated and permitted through Water Engineering Division
of the Anaheim Public Utilities Department.
4
All existing water services and fire services shall conform to
Public Utilities,
current Water Services Standards Specifications. Any water service
Water Engineering
and /or fire line that does not meet current standards shall be
upgraded if continued use is necessary or abandoned if the existing
service is no longer needed. The owner /developer shall be
responsible for the costs to upgrade or to abandon any water
service or fire line.
5
The applicant shall contact Water Services Cross Conection staff to
Public Utilities,
determine whether a backflow prevention device must be installed
Water Engineering
on the applicant's internal and external plumbing systems.
6
The applicant shall complete a Burglary /Robbery Alarm Permit
Police Department,
application, Form APD 516, and return it to the Police Department
Planning &
prior to initial alarm activation. This form is available at the Police
Research Unit
Department front counter, or it can be emailed to applicant by
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
contacting Officer Budds at mbudds @anaheim.net.
7
A security plan shall be submitted to and approved by the Anaheim
police Department,
Police Department.
Planning &
Research Unit
8
Rooftop address numbers for the police helicopter shall be painted
Police Department,
on the roof of the office building. The addresses shall have a
Planning &
minimum size of 4' in height and 2' in width. The lines of the
Research Unit
numbers are to be a minimum of 6" thick. Numbers should be
spaced 12" to 18" apart. Numbers should be painted or constructed
in a contrasting color to the roofing material. Numbers should face
the street to which the structure is addressed. Numbers are not to be
visible from ground level.
9
All typical Public Works code requirements for development of a
Public Works
project by right are required for this project, including but not
Department,
limited to street and landscaping improvement plans; grading,
Development
drainage and water quality management plans; any required
Services
securities to ensure the public improvements are completed by the
applicant during the normal phases of construction and prior to final
building and zoning inspections; setbacks shall be measured based
on the ultimate road right -of -way in accordance with the Lincoln
Avenue Corridor Master Plan dated March 2005.
10
The legal property owner shall submit an application for a
Public Works
Subdivision Map Act Certificate of Compliance to the Public Works
Department,
Department, Development Services Division. A Certificate of
Development
Compliance shall be submitted for approval by the City Surveyor
Services
and then recorded in the Office of the Orange County Recorder
prior to issuance of a building permit.
OPERATIONAL CONDITIONS
11
"No Trespassing 602(k) P.C." shall be posted at the entrances of
Police Department,
parking lots /structures and located in other appropriate places.
Planning &
Signs must be at least 2' x F in overall size, with white
Research Unit
background and black 2" lettering.
12
All entrances to parking areas shall be posted with appropriate
Police Department,
signs per 22658(a) C.V.C., to assist in removal of vehicles at the
Planning &
property owners /managers request.
Research Unit
13
Adequate lighting of parking lots, passageways, recesses, and
Police Department,
grounds contiguous to buildings shall be provided with lighting of
Planning &
sufficient wattage to provide adequate illumination to make clearly
Research Unit
visible the presence of any person on or about the premises during
the hours of darkness and provide a safe, secure environment for all
person, property, and vehicles on -site.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
14
The Property shall be permanently maintained in an orderly
Planning
fashion through the provision of regular landscaping maintenance,
Department, Code
removal of trash or debris, and removal of graffiti within twenty
Enforcement
four (24) hours from time of occurrence.
Division
GENERAL
15
The subject Property shall be developed substantially in
Planning
accordance with plans and specifications submitted to the City of
Department,
Anaheim by the petitioner and which plans are on file with the
Planning Services
Planning Department, and as conditioned herein.
Division
16
Conditions of approval related to each of the timing milestones
Planning
above shall be prominently displayed on plans submitted for permits.
Department,
For example, conditions of approval that are required to be complied
planning Services
with prior to the issuance of building permits shall be provided on
Division
plans submitted for building plan check. This requirement applies to
grading permits, final maps, street improvement plans, water and
electrical plans, landscape irrigation plans, security plans, parks and
trail plans, and fire and life safety plans, etc.
17
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees ") from
Planning Services
any and all claims, actions or proceedings brought against
Division
Indemnitees to attack, review, set aside, void, or annul the
decision of the Indemnitees concerning this permit or any of the
proceedings, acts or determinations taken, done, or made prior to
the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to,
damages, fees and /or costs awarded against or incurred by
Indemnitees and costs of suit, claim or litigation, including
without limitation attorneys' fees and other costs, liabilities and
expenses incurred by Indemnitees in connection with such
proceeding.
18
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days of
Department,
the issuance of the final invoice or prior to the issuance of building
Planning Services
permits for this project, whichever occurs first. Failure to pay all
Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
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