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Resolution-PC 2004-6~ RESOLUTION NO. PC2004-6 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04817 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 1: THE NORTH 15 ACRES OF THE EAST 33.10 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF THE SANTA ANA BRANCH OF THE SOUTHERN PACIFIC RAILROAD COMPANY, WHICH EXTENDS SOUTHERLY ACROSS SAID WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23. ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 OF A DEED TO THE SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, RECORDED SEPTEMBER 20, 1961 IN BOOK 5854 PAGE 457, OFFICIAL RECORDS. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 12, 2004 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 (Zoning Procedures-Amendments, Conditional Use Permits and Variances), 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 properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.03.030 and 18.61.050.360 to wit: to permit an indoor sports complex in an existing industrial building. 2. That, as conditioned herein, the proposed sports center will not adversely affect the surrounding land uses or the growth and development of the area. 3. That the size and shape of the property is adequate to allow full development of the sports center in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. Cr\PC2004-006 -1- PC2004-6 • ~ 4. That a Traffic Impact and Parking Study, prepared by Linscott, Law and Greenspan Engineers and dated December 30, 2003, indicates that on-site parking spaces will be adequate to serve the sports center; and that the Study was reviewed and approved by the City Traffic and Transportation Manager. 5. That granting this conditional use permit for an indoor sports center will not, under the conditions imposed, be detrimental to the peace, health, safety 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 no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit an indoor sports complex in an existing industrial building on an irregularly-shaped 18.6-acre property located at the southeast corner of Cerritos Avenue and Anaheim Boulevard with frontages of 1,260 feet on the south side of Cerritos Avenue and 530 feet on the east side of Anaheim Boulevard, and being further described as 1500 South Anaheim Boulevard; 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 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 the City of Anaheim: That the hours of operation shall be limited to the following: Activities other than tournaments & special events: Monday through Friday: 6 a.m. to 10 p.m. Tournaments and special events: Saturday and Sunday: 8 a.m. to 8 p.m. Any request to allow tournaments and special events on days other than Saturday and Sunday, shall be accompanied by an updated parking and traffic study submitted to the Traffic and Transportation Manager for review. The applicant's request and the Traffic and Transportation Manager's recommendation shall then be considered by the Planning Commission as a`Reports and Recommendations' item. 2. That no public telephones which are located outside the building shall be permitted on subject property. 3. That plans shall be submitted to the Building Division demonstrating compliance with all Building and Fire Code requirements pertaining to the change in occupancy. 4. That the proposal shall comply with all signing requirements of the underlying ML(SABC) (Limited Industrial -South Anaheim Boulevard Corridor Overlay) Zone unless a variance allowing sign waivers is approved by the Planning Commission. Any new signs shall be submitted to the Zoning Division for review and approval. The decision of the Zoning Division relating to new signs may be appealed to the Planning Commission as a'Reports and Recommendations' item. 5. That the developer shall submit evidence to the Public Works Department, Development Services Division, that the site is a legal parcel of record as defined by the Subdivision Map Act. If the site is not a legal parcel, the developer shall submit a Certificate of Compliance for review and approval by the City Engineer. -2- PC2004-6 . • Proposed Condition No. 6 was intentionally deleted at the January 12, 2004 public hearing. 7. That the property owner shall implement appropriate non-structural and structural Best Management Practices ("BMPs") as specified in the Orange County Drainage Area Management Plan ("DAMP"), Appendix G. The selected BMPs shall be implemented and maintained to minimize the introduction of pollutants from entering the City of Anaheim storm water drainage system. 8. That all requests for new water services or fire lines, as well as any modifications, relocations or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 9. That all existing water services shall conform to current Water Utility Standards. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards or abandoned by the property owner/developer. Any existing service that is no longer needed shall be abandoned by the property owner/developer. 10. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601/602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said approved plans. 11. That no required parking area shall be fenced or otherwise enclosed for outdoor storage. 12. That bicycle racks shall be provided adjacent to this sports center facility. 13. That a"Traffic and Parking Management Plan" for tournaments and other special events shall be submitted to the City Traffic and Transportation Manager for review and approval. Said plans shall specify the number of parking attendants needed to direct traffic during tournaments and other events, including the number of parking attendants needed to direct overflow traffic to the roof top parking lot located at 500 East Cerritos Avenue and accessed from the south via Claudina Avenue and Anaheim Way. 14. That, if required, the legal property owner shall dedicate to the City of Anaheim an easement along the property line (dimensions will vary) for public utility purposes. 15. That any required relocation of City electrical utilities shall be at the expense of the property owner/developer. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be outside the easement area of the equipment. Said information shall be specifically shown on the plans submitted for building permits. 16. That three (3) foot high street address numbers shall be displayed and maintained on the roof of the building in contrasting colors to the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. 17. That the property owner shall submit a letter to the Zoning Division requesting termination of Variance No. 3148 (waiver of maximum fence height to construct a 15-foot high fence) and Variance No. 1961 (waiver of minimum required landscaped setback to permit a private parking lot). 18. 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 and 3, and as conditioned herein. -3- PC2004-6 ~ ~ 19. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 3, 5, 9, 10, 14, 15, 16 and 17, 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. 20. That prior to final building and zoning inspections, Condition Nos. 12, 13 and 18, above-mentioned, shall be complied with. 21. 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 applicable ordinance, regulation or requirement. 22. That within a period of sixty (60) days from the date of this resolution, authorization for Conditional Use Permit which is satisfactory to the City Attorney's Office shall be submitted to the Zoning Division and the City Attorney's Office. 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 t the Planning Commission meeting of January 12, 2004. ~vrn.P~- ~l~n-vteJ-c~~~ ^~ c,~ru,UtQ-~ HAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTES~: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior 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 January 12, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~~day of , 2004. ^ ~ ~ ~~~~~~~~ IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2004-6