Resolution-PC 99-161RESOLUTION NO. PC99-161
A RESOLUTION OF THE ANAHEIM CITY PLANNING C0IAMISSION
AMENDING RESOLUTION NOS. 96R-150 AND 97R-159,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3855
WHEREAS, on August 19, 1997, Resolution No. 159 was adopted b~ the Anaheim City
Council to amend Resolution No. 96R-150, which was adopted in connection with Conditional Use Permit
No. 3855 to permit two industrially-related sales and cffice uses (including the existing business: wireless
communications device sales including, but not limited to, celiular telephones, beepers, 2-way radios and fax
machines, with service and sales of related accessories and parts, and automotive installation) in an existing
35,000 sq.ft. industrial building and waiver of minfmum number of parking spaces on property located at
1985 South Santa Cruz Street; and that said resolution inciudes the following conditions:
3. That a temporary sidewalk shall be constructed within the public right-of-way adjacent to the
future Anaheim Way. The design of the sidewaik shali meet all ADA requirements and shali be
subject to review and approval by the Public Works Department, Development Services Division.
4. That subject property shall be developed substantialiy 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 ma~ked Revision No. 2 of Exhibif No. 1(site plan), and Revision No. 1
of Exhibit Nos. 4 through 7(illustrative building elevations showing wall signs}; including that the
parapets shown on the building elevations shall be constructed substantially as specified.
5. That the first three (3) mature trees adjacent to each of the building corners along the westem
building elevation sha~l be preserved and, if necessary, the wall signs on said elevation shali be
rnodified so that said signs fit between the trees. This landscaping shall be preserved until
CalTrans' improvement plans are completed. At the time the CaiTrans plans are completeC, a
detailed landscape plan shall be submitted to the Zoning Division of the Planning Department for
review and approval by the Planning Commission as a"Reports and Recommendations" item.
7. 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, 5 and 6,
above-mentioned, shail 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.
WHEREAS, this property is developed with a 35,000 sq.ft. industrial b~ilding (Global
Cellular) in the ML (Limited Industrial) zone; and
WHEREAS, the petitioner requests amendment to this conditional use permit under the
authority of Code Section 18.03.092 to amend or delete certain conditions of approval pertafning to
construction of temporary sidewalks and to installation of landscaping along Anaheim Way; and
WHEREAS, the City Planning Commissfon did hold a public hearing at the Civic Center in
the City of Anaheim on September 13, 1999 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 propossd conditional use permit and to investigate
and make fintlings and recommendations in connection therewith.
WHEREAS, said Commission, after due inspection, investigatian and study made by itself
and in its behalf, and after due consfderation of all evidence and reports offered at said hearing, does find
and determine the following facts:
CR3741 PK.DOC -1- ~C99-161
1. That the existing use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code.
2. That the reason for this request is that an existing CalTrans temporary construction
easement is located adjacent to Anaheim Way in the area where the temporary sidewalk and landscaping
are required to be instailed; that this easement is due to expire on or July 1, 2002, or upon completion of all
necessary work related to the expansion of the I-5 (Santa Ana) Freeway and the surrounding streets; and,
therefore, due to this construction easement, the petitioner is unable to comply with Condition Nos. 3, 4 and
5, above-mentioned, until the CalTrans temporary construction easement is abandoned.
3. That this request is to modify or waive the timing to construct the required improvements
until completion of the I-5 Freeway improvements and abandonment of the CalTrans temporary construction
easement; and that modification of these conditions would aliow the petitioner to lease the remaining portion
of the building to a prospective tenant (Kinko's reproduction services) in compliance with the terms and
conditions of Conditional Use Permit No. 3855 as proposed to be amended.
4. That the proposed modification is reasonably necessary to protect the public health, safety
or general welfare, or necessary to permit reasonable operation under the conditional use permit as originally
granted.
5. That no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to amend or delete certain conditions of approval pertaining to
temporary sidewalks and landscaping for two industrially-related sales and o~ce uses in an existing
industrial building on a irregularly-shaped, 2.4-acre property located on the north side of Stanford Court
between Anaheim Way and Santa Cruz Street, with fro~tages of 171 feet on the north side of Stanford Court,
575 feet on the east side of Anaheim Way and 411 feet on the west side of Santa Cruz Street, and further
described as 1985 South Santa Cruz Street (Global Cellular); and does hereby determine that the Negative
Declaration previously approved fn connection with Conditional Use Permit No. 3855 fs adequate to serve as
the required documentation in connection with this request upon findino 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 proposal will have a significant
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission do~s
hereby amend Resolution Nos. 96R-150 and 97R-159, adopted in connection with Conditional Use Permit
No. 3855, to amend Condition Nos. 3, 4, 5 and 7, gs follows:
3. That a permanent ten (10) foot wide parkway and planter area shall be instalted within the public
right-of-way adjacent to Anaheim Way upon abandonment of the CalTrans temporary
construction easement or sooner if permitted by CalTrans. 1'he property owner shall submit the
design of the parkway and sidew~alk to the Public Wo~ks Department, ~evelopment Services
Division, for review and approva~. Said sidewalk and parkway shall be installed within ninety
(90) days after abandonment of the CalTrans temporary construction easement or such other
timing as approved by the City Engineer.
4. That subject property shall be developed substantially in accordance with plans and
specif•cations submitted to the City of Anaheim by the petitioner end which plans are on file with
the Planning Department marked Revision No. 2 of Exhibit No. 1(site plan), and Revis(on No. 1
of Exhibit Nos. 4 through 7(illustrative building elevations showiny wall signs); including (a) that
the parapets shown on the building elevations shall be constructed substantially as specified,
and (b) that final elevation plans shall be submiGed to th2 Zoning Divislon for review and
approval by the Planning Commission (Ciry Council) as specffied by Condition No. 10 of
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approval by the Planning Commission (Ciry Council) as specified by Condition No. 10 of
Resoiution No. 97R-159.
That within a period of two (2) months from the date of this resolution, a detailed landscape plan
shall be submitted tu the Zoning Division of the Planning Department for review and approval by
the Planning Commission a_s a"Reports and Recommendations' item. This landscape plan
shall include a minimum of twenty seven (27} trees, with at least three (3), forty eight (48) inch
box sized, trees to be pianted adjacent to each of the building comers along the west buiiding
E~evation for a tatal of not less than six (6) trees. The remaining twenty onQ (21) trees shall be
minimum twenty four (24) inch box sized and shall be planted adjacent to Anaheim Way. If
necessary, the wail signs on th2 west building elevation shall be modifiEd so that said signs fit
between the six (6), forty eight (48) inch box sized, trees. Said landscaping shail be installed
within :wo (2) months after abandonment of the CalTrans temporary construction easement
adJacent to Anaheim Way.
That prior to commencement of the activity authorized by this resolution (i.e., activities
canceming the second tenant of this building) or within a period of one (1) year from the date of
this resolution, whichever occurs first, Condition No. 2, above-mentioned, shali be complied with.
Extensions for further time to complete said conditions may be gran;ed in accordance with
Section 18.03.090 of the An~' ~im Municipal Code.
BE IT FURTHER R°SOWED that the Anaheim City Plann(ng Commission does hereby find
and determine that adoption of this Resolution is expressly predicated upon appl~canYs 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 competentjur!sdiction, then this Resolutian,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commiss(on meeting of
September 13, 1999.
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CHAIRPERSON, ANAHEIM CI PLANNING COMMISSION
ATI'EST:
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SECRETARY, AHEIM 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 faregoing resolution was passed and adopted at a meeting ef the Anaheim City Planning
Commission hold on September 13,1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: 60STWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONFRS: ERISTOL, ONE VACANT SEAT
WITNESS WHEREQF, I have hereunto set my hand th(s ~ day of
__~~~~~, 1999. ,
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SECRETARY NAHc I~wi ~ITY PLANNING COMMISSION
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