Resolution-PC 99-122RESOLUTION NO. PC99-122
A RESOLUTION OF THE RNAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4118 BE GRANTED, IN PART
WHEi2EAS, the Ar,aheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for ~artain real property situated in the C~ty of Anaheim, County of Orange, State
of Califomia, described as:
THAT PORTION OF THOSE CERTAIN PARCELS OF LAND SHOWN AS "MAX
BAYHA 8.452 ACRES" AND "HERMINE BAYHA LOWE 8.806 ACRES", AS
SHOWN ON A MAP FILED IN BOOK 7, PAGE 12 OF RECORD OF SURVEYS
IN THE OFFICE OF THE COUNIY RECORDER OF ORANGE COUNTY,
CALIFORNIA, SHQWN AS LOT 2 ON THE PARCEL MAP RECORDED IN
BOOK 74, PAGE 17 OF PARC~L MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 7, 1999 at 1:30 p.m.; notice of said public hearing having been duly given as
required ~y law and in accordance with the provisic~s 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
meeting of June 21, 1999; and
WHEREAS, said Commission, after due ir.spection, investigation and study made by itself
and i~ 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 18.01.0~30, 18.44.050.135 and 18.44.050.193 to e~tablish conformity
H~ith existing Zoning Code land use requirements for an existing comn~ercial center, including a liquor
store, and to fuhher subdivide an existing building to add one tenant space for a total of 16 tenant spaces,
and with waiver of the following :
- Minimum number of parkinq soaces.
(296 required; 184 proposed}
2. That approval of this conditional use permit, in part (denying the parking waiver) is
granted oniy for the property addressed at 5031 East Orangethorpe Avenue.
3. Tha; the requested parking waiver is hereby denied becaus~ approval would cause fewer
off-street parking spaces to be provided for the underlying uses than the number of such spaces
necessary to accommodate ali vehicles attributable to such uses under the normal and reasonably
foreseeable conditions of operation of such use.
4. That approvai of the parking waiver would increase the demand and competition for
parking spaces upon the public streets in the immediate vicinity of the proposal.
5. That approval of the parking waiver would increase the demand and competition for
parking spaces upon adjacent private property in the immediate vicinity of the proposal (which property is
not express~y provided as parking for such use under an agreement in compliance with Section
18.06.010.020 of this Code),
CR3681 PK.DOC -1- PC99-122
6. That approval of the parking waiver would increase traffic congestion with'in the ofi'-street
parking areas or lots provided for the underlying uses.
7. That apprnval of the Farking waiver would impede vehicular ingress to or egress from
adjacent properties upon the public streets in the immediate vicinity of the proposal.
8. That this commercial center (containing more than three tenant units) and the liquor store
are conditionally-permitted uses in the CL "Commercial, Limited" Zone, and these uses, as conditioned
herein, will not adversely affect the adjacent commercial and residential land uses.
9. That the size and shape of this site is adequate to serve the existing and proposed uses
and will not be detrimental to the commercial center, the surrounding area, nor to the peace, health, safety
and general welfare; and that creation of one additional tenant unit will not involve any significant exterior
alterations to the existing building nor changes that would be detrimental to the surrounding area.
10. That the proposal, as approved, will not a~iversely affect the adjoining land uses and the
g~ owth and development of the area in which it is located.
11. That the size and shape of the underlying property is adequate to allow full developm~nt
of the propo~ai in a manner not detrimental to the particular area nor to the peace, health, safety and
general welfare.
12. That the tra~c generated by the proposal, as approved, will not impose an undue burden
upon the sFreets and highways designed and improved to carry the traffic in the area.
13. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general weifare of the citizens ~f the City of Anaheim.
14. That one person indicated their presence at the public hearing in opposition to subject
petition; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposai to establish conformity with existing Zoning Code land
use requirements for an existing commercial center, including a liquor store, and to further subdivide an
existing building to add one tenant space for a total of i6 tenant spaces, and with waiver of minimum
number of parking spaces on an irregularly-shaped 3.9-acre property located at the northwest corner of
Orangethorpe Avenue and Kellogg Drive, having frontages of 345 feet on the north ~ide of Orangeth~rpe
Avenue and 500 feet on the west side of Kellogg Drive (5031 East Orangethorpe Avenue); 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 publ~c review process and further finding on the basis of the initiai 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, in part (denying waiver of the minimum
number of parking spaces) upon the following conditions which ~re 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:
Subdivision of tenant soace on the arooertv addressed at 5031 East OranQethorpe Avenue
1. (Proposed Condition No. 1 was deleted at the P/anning Commission public hearing.)
2. That this property is located within Special Flood Hazard Zone AH and if modifications to this
structure (i.e., creating a sixteenth tenant unit) exceed fifty percent (50%) of its structural value, as
determined by the Building Division, the~ this structure shall compiy with ali flood protection
requirements. Said compliance shall be demonstrated on plans submitted for building permits.
CR3681 PK.DOC -2- PC99-122
Coramercial center on the oroaertv addressed at 5031 East Oranaethome Avenue
3. and ~!. (Proposed Condition Nos. 3 and 4 were deleted at ihe P/anning Commission public
hearing.)
5. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department,
Streets and Sani4ation Division, to comply with approved plans on file with said Department.
6. That a gate shall be instalied on the existing trash enclosure.
7. That the property shall be permanentiy maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty four
(24) hours from time of occurrence.
8. That the proposal shail comply with ail signing requirements of the CL (Commercial, Limited) Zone
unless a Variance petition allowing sign waiver(s) is submitted to and approved by the Planning
Commission or City Council.
9. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
10. That trees shall not be unreasonab{y trimmed for the pur~ose of increasing visibility to this
commercial center.
11. That no outdoor vending machines, newspaper racks, or water machines shall be visible to the
neai`tiy public rights-of-way (i.e., Orangethorpe Avenue and Keliogg Drive).
12. That any tree plantF:d on-site shall be replaced in a timeiy manner in the event that it is removed,
damaged, diseased and/ordead.
13. That all trash generated shali be properly contained in trash bins. The number of bins shall be
adequate and the trash pick-u~ 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 shall determine the need for additional bins or additionai pick-ups. All costs for
increasing the number ot bins or the frequency of pick-up si~all be paid by the business owner.
14. That any existing (or future) exterior public telephone(s) shail be relocated inside a building or
placed adjacent to a building wali in a location no further than twelve (12) feet frorn a building
entrance.
i5. That the owner of subject properly shail submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 1640 (permitting on-premises sale of beer and wine at
5031 East Orangethorpe Avenue, Unit B).
16. That this commerciai center at 5031 East Orangethorpe Avenue shali be limited to a maximum of
~ixteen (16) tenant units uniess a separate petition for additional units is filed and granted.
17. That no outdoor storage shall be permitted.
Lfauor Store
18. through 24. (Proposed Condition Nos.18, 19, 20, 21, 22, 23 and 24 were deleted at the Planning
Commisslon public hearing.)
CR3681 PK.DOC -3- PC99-122
General
25. That subject property (5031 East Oran~ethorpe Avenue) 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.
26. That prior to commencement of the activity authorized by this resolution (creating a sixteenth
tenant unit), or 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, 5, 6, 11, 13 and 15,
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.
27. That prior to final building and zoning inspections, Condition Nos. 14 and 25, above- mentioned,
shall be complied with.
28. 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 app~icable City, State and
Federa~ 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.
29. That in the event subdivision of this commercial center to add one (1) tenant space for a total of
sixteen (16) spaces results in a ter~ant use with a higher parking requirement than retail uses (for
example, a dentai office is required to have more parking than retail), the parking lot shall be ra-
striped with additional parking spaces to comply with the increased parking requirement.
BE IT FURTHER RESOLVED that the Anaheim City Plan ing Commission does hereby
find and determine that adoption of this Resolution is expressly predicate~ upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any suc condition, or any part thereof,
be declared inva:~d or unenforceable by the finai judgment~any cDUrYof r~f~petent jurisdiction, then this
Resolution, and any approvals herein contained, sha ( be ~e3~null a~r void. ;
THE FOREGOING RESOLUTIO vJIa~ dopt a'th Plannirig Commission meeting of
July 7, 1999. ~y ~ ~ ~
ATTEST: -
/h~~~,~, ~~
SECRETARY; ANAH CITY PLANNING COMMISSION
CITY
STATE OF CALIFORNIA )
COUNTY OF Ol~ANGE ) 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 Pianning
Commission held on July 7, 1999, by the following vote of the ~nembers thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, I;OOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ESPING
IN WITNESS WHEREOF, I have hereunto set my hand this ~~' day of
_~, 1999. . ~~~)
~'~.~AG!.rwru., ~~/~ca'
SECRETARY, A HEIM CITY PLANNING COMMISSION
CR3681 PK.DOC -4- PC99-122