Resolution-PC 2002-79C~
RESOLUTION NO. PC2002-79
•
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04537 BE GRANTED, IN PART
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 1 OF PARCEL MAP NO. 81-727 FILED MAY 24, 1982 IN BOOK 170 PAGES
39 TO 46, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER, COUNTY OF ORANGE, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 3, 2002 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 that the hearing was continued
from the April 22 and May 20, 2002 meetings; 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 properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.03.030 and 18.88.050.052 to expand an existing tennis club with
accessory food, beverage and alcohol sales by constructing three (3) additional tennis courts for a total of
twelve (12).
2. That the proposal is hereby approved, in part, to permit two (2) additional tennis courts
for a total of eleven (11) tennis courts at the existing tennis club with accessory food, beverage and
alcohol sales.
3. That the proposed use, as approved to allow additional two tennis courts with no lighting
at an existing tennis club in the OS(SC) "Open Space-Scenic Corridor Overlay" Zone and including a new
driveway approach from Anaheim Hills Road with proper screening for nearby residences on the opposite
side of the flood control channel, will not adversely affect the adjoining and nearby residential land uses,
and the growth and development of the area in which it is proposed to be located.
4. That the size and shape of the site for the two proposed additional tennis courts with no
lighting, and under the conditions imposed, is adequate to allow full development of the proposal in a
manner not detrimental to the particular area nor to the peace, health, safety and general welfare.
5. That the traffic generated by the proposed use, as approved, will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area; and that the
new driveway approach from Anaheim Hills Road has been reviewed and approved by the City Traffic
and Transportation Manager.
6. 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
CR5374DM -1- PC2002-79
• •
7. That five people spoke at the April 22, 2002 meeting (one represented the Anaheim Hills
Citizens' Coalition) with concerns or opposition regarding the proposal, and four letters were received
voicing concern or opposition; and that five people spoke at the June 3, 2002 public hearing (one
represented the Anaheim Hills Citizens' Coalition) with concerns or opposition regarding the proposal,
and four letters were received voicing concern or opposition.
8. Two letters were received at the April 22, 2002 meeting in favor of the proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to expand an existing tennis club by constructing three
additional tennis courts for a total of 12 courts on an irregularly-shaped 8.13-acre property located at the
southwest corner of La Paz Way and Anaheim Hills Road, having frontages of 44 feet on the south side
of La Paz Way and 2,185 feet on the west side of Anaheim Hills Road, and further described as 415
South Anaheim Hills Road (Anaheim Hills Racquet Club); 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, in part, subject Petition for Conditional Use Permit to permit construction of two (2)
additional tennis courts for a total of eleven (14) courts at an existing tennis club with accessory food,
beverage and alcohol sales, 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 general
welfare of the Citizens. of ihe_Cit~c of Aoahei .m..:.
That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department.
2. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the most current versions of Engineering Standard Plan Nos. 436, 601
and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon
be developed and maintained in conformance with said plans. Further, any landscaped areas in the
parking area shall be protected with six (6) inch high concrete curbs.
3. That the existing thirty (30) foot high light standards shall be directed downward to protect the
residential integrity of the area to the west. Said information shall be specifically shown on plans
submitted to the Zoning Division for review and approval. No additional lighting shall be added for
the two (2) most northerly tennis courts.
4. That the property owner shall submit revised maintenance and indemnity agreements pertaining to
the existing and proposed specimen trees on the property to the City Attorney's Office for review and
approval; and that said agreements shall be recorded with the Orange County Recorder's office
prior to commencement of the activity authorized by this resolution.
5. That the tennis facility shall not remain open later than 10:00 p.m., daily.
6. That there shall be no sale or service of alcoholic beverages except to customers engaged in tennis
club activities; and that the recreational activities and service of alcoholic beverages shall cease at
10:00 p.m.
-2- PC2002-79
• •
That the developer shall provide the following along the west property line of subject property to
screen the tennis club uses and the new driveway from the residences uses on the opposite side of
the Walnut Creek flood control channel; including that the petitioner shall obtain approval from the
Flood Control District for any improvements which are required on flood control property. (If the
petitioner is unable to obtain the Flood Control DistricYs approval for the required landscaping and/or
fencing improvements, the petitioner shall request amendment to this condition of approval in
connection with a duly noticed public hearing in accordance with Chapter 18.03.060 "Public
Hearings on Petitions" of the Anaheim Municipal Code.)
(a) Install a green scrim material (matching the scrim material used for the tennis courts) on the
west side of the existing chain link fence along the entire length of the west property line south
from La Paz Way.
(b) Plant vines on maximum three (3) foot centers on the east side of the flood control channel for
the entire length of the property south from La Paz Way.
(c) Plant dense bushy trees on maximum twenty (20) foot centers on the east side of the flood
control channel for a minimum distance of two hundred (200) feet opposite and perpendicular
to the new driveway on Anaheim Hills Road (i.e., for a distance of one hundred (100) feet to the
north, as measured from an extension of the centerline of the driveway, and one hundred (100)
feet to the south, as measured from an extension of the centerline of the driveway). The trees
shall be on the east side of the chain link fence facing the residences.
(d) Install an irrigation system for the new landscaped areas.
The above-described landscaping and screening information shall be specifically shown on plans
submitted to the Zoning Division for review and approval. Following installation, said landscaping
and fencing shall be properly maintained thereafter in conformance with the approved plans.
8. That the legal property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit Nos. 1406 (to establish a private tennis club) and 2466 (to expand an
existing tennis club with on-sale alcoholic beverages).
9. That the approved expansion is limited to finro (2) additional tennis courts as shown on Exhibit Nos. 1
and 2, for a total of eleven (11) tennis courts for this tennis club; and that no additional lighting shall
be permitted for the two new tennis courts.
10. That no outdoor vending machines which are visible off-site shall be permitted.
11. That no outdoor pay telephones shatl be permitted on the premises.
12. That the "scrim" used for the tennis courts and other fencing shall be continuously maintained in
"like-new" condition.
13. That the existing driveway on La Paz Way shall be retained to allow left-turn movements to and from
the property.
14. 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, 2, 3, 4, 5 and 6, and as conditioned herein; provided, however,
that the number of parking spaces shall be limited to the fifty nine (59) existing spaces.
15. That prior to commencement of the activity authorized by this resolution or within a period of one (1)
year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 7, 8, 18 and 19,
herein-mentioned, shall be complied with.
-3- PC2002-79
~ •
16. That prior to final building and zoning inspections or prior to commencement of the activity
authorized by this resolution, whichever occurs first, Condition No. 1 and 14, above-mentioned, 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 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 applicabte ordinance, regulation or requirement.
18. That the applicant shall submit a landscaping plan and final site plan to show the precise locations
and dimensions of the two (2) additional tennis courts in order to ensure that the remaining
specimen trees are protected. Said plan shall be reviewed and approved by the Planning
Commission as a"Reports and Recommendations" item.
19. That the applicant shall meet with the City Traffic and Transportation Manager to create a"traffic-
calming" solution for the existing drive aisle parallel to Walnut Creek Channel and to report back to
the Planning Commission as a"Reports and Recommendations" item.
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 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.
THE FOREGOING RESOLUTION. was adopted at_the Planning Commissioa meeting of
June 3, 2002.
.
c./t. f Z~`-C.l
CHAIRPE N, ANAHEIM I PLANNING COMMISSION
ATTEST:
~
SE RETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 June 3, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: ARNOLD, VANDERBILT
ABSENT: COMMISSIONERS: NONE
l ~
IN WITNESS WHEREOF, I have hereunto set my hand this 0 day of
~u n ~ , 2002.
~ ~.e~,,~.,~ ~
~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2002-79