Resolution-PC 98-163RESOLUTION NO. PC98-163
A RESOLUTION OF 7HE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4066 BE GRANTED
WHEREAS, the.4naheim 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:
LOTS 17, 18 AND 19 OF TRACT NO. 1820, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDE['
IN BOOK 51, PAGES 31 AND 32, OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Pianning Commission did hold 2 public hearing at the Civic Center in
!he City of Anaheim on October 12, 1998 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 conditionai use permit and to -
investig2te and make findings and recommendations in connection therewifh; and
WHEREAS, said Commission, aHer 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 18.01.040 and 18.44.050.135 to permit one (1) additional tenant space
(within existing floor area) for a total of five (5) units in an existing 8,684 sq.ft. commercial retail center.
2. 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 focated because it does not involve any
expansion of building square footage.
3. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor tn !he peace,
health, safety and general welfare because Code-required parking is available on-site.
4. 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.
5. That the granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens ~f the City of Anaheim.
6. That no one indicated their presence at said public hearing in opposition to this proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALIIY ACT FINDING: That the Anahei~~ City
Planning Commission has reviewed the proposal to permit one additional tenant space (within existing
floor area) for a total of five units in an existing 8,684 sq.ft. commeroial retail center located on a
rectangularly-shaped 0.51-acre property having a frontage of 188 feet on the north side of Lincoln
Avenue, a depth of 147 feet and bEing located 95 feet west of the centerline of Grand Avenue (L~± Mirage
Center at 3107-3115 West Lincoln Avenue); and does hereby approve the Negative Dec~aration upon
finding lhat the declaratior. reflects ihe independentjudgement of the lead agen,y and that it has
considered the Negative Declaration together with any comments received during the public review
process and further finding on tho basis of the initial study an~ any comments received tf iat there is no
substantial evidence that the project wi{I have a significant effect on ihe environment.
CR3452PK.DOG -1- P~SS-163
NOW, THEREFORE, BE IT RESOLVED that tho Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditians 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 there shall be no public telephones maintained on the property that are located outside the building.
2. (a) That nine (9), minimum fifteen (15) gallon sized trees shall be pianted in the exi~ting three (3) foot
wide planter adjacent to Lincoln Avenue and that the trees shall be planted on maximum lwenty (20)
foot centers.
(b) That a toial ofi four {4), minimum twenty four inch (24") box size trees shall be planted in the interior
parking lot planters with two (2) trees in each pianter.
(c) That a landscaping and irrigation plan for the subject property shall be submitted to the Zoning
Division for review and approval. Any decision made by the Zoning Division regarding said plan
may be appealed to the Plannir±g Commission and/or Ciry Council. Once approved, the
landscaping shall be insialled and maintained in accordance with the plan. -
3. That the owner of subject property shali be responsible for the removal of any on-site graffiti within twenty
four (24) hours of its application.
4. That any tree or other landscaping pianted on-site shall be replaced in a timely manner in the event that it
is removed, dama9ed, diseased, and/or dead.
5. That the applicant shall be responsible for maintaining the premises free of litter at all times.
6. That any future alterations to the existing lwenty five (25) foot high freestanding pole sign, other than a
plexigias face change, shal! be reviewed and approved by the Pianning Commission as a"Reports and
Recommendations" item.
7. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the cur•rent 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.
8. That security lighting shall be installed in the alley adjacent to the north property line. Said lighting shall
be designed and positioned so as not to unreasonably illuminate or cause giare onto the adjacent
residential properties.
9. That the parking lot shali be slurry-sealed and maintained in good condition at all times.
10. That signage for subject facility shall be.limited to that which is shown on the exhibits submitted by the
petitiorer and approved by the Planning Commission. Any additional signs shall be subject to approval
by the Planning Commission as a"Repo~ts and Recommendations item."
11. 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 w(th the Plannin3
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
12. 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. 2(c) and 7, above-mentioned, sha~l 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.
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13. That prior to the commencement of business in each of the twa (2) new units, a valid business license
shail be obtained frorr- the Business License Division of the Finance Department. '
14. That prior to final buiiding and zoning inspections, Condition Nos. 1, 2(a), 2(b), 8, 9, 11 and 16,
herein-mentioned, shall be complied with.
15. 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 compUance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
16. That the property owner shall install four (4), twenty four inch (24") inch box trees within the public
right-of-way landscaped area, to the specifications of the Community Development Department.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoptian of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the canditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invaiid or unenforceable by the final judgment of any court of competent jurisdic:ion, then this
Resolution, and any approvals herein contained, shall be deemed null rid void. -
THE FOREGOItJG RESOLUTION w~ dopt( ct et th ~ P n/ ing Commission meeting of
October 12, 1998. ,
ATTEST:
~~
SECRETARY, NAHEIM 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 resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on October 12, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
~~~UC~WVN WITNESS WI
, 1998.
BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, WILLIAMS
NONE
ESPING
1EREOr, I have hereunto set my hand this ~ l~ day of
/ Vli.lh~t~QlukLl~ ~I.~~t~D"'
SECRE7ARY, NAHEIM CITY PLANNING COMMISSION
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