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Resolution-PC 99-63RESOLUTION NO PC99-63 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4G90 BE GP,ANTED WHEREAS, lhe Anatieim City Planning Commission did receive a veriiied Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCELI: 'i liAT PORTION OF LOT 22 IN BLOCK K OF THE KRAEMER TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 22, SAID POINT BEING SOUTF.t 61 DEG. 00' EAST 534.85 FEET FROM THE NORTHERLY CORNER OF SAID LOT 22; THENCE CONTINUING ALONG SAlD NORTHEASTERLY LINE SOUTH 61 DEG. 00' 00" EAT 1717.70 FEET TO THE EASTERLY CORNER OF SAID LOT 22; THENCE SOUI"H 82 DEG. 15' 00" WEST 1405.40 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 2~ TO THE SOUTHEAST C012NER OF THE 21.87 ACRE TRACT CONVEYED TO HENRY F. DERKSEN BY DEED RECORDED FEBRUARY i6, 1921 IN BOOK 367, PAGE 87 OF DEEDS OF ORANGE CGUNTY, CALIFORNIA; THENCE NORTH 6 DEG. 08' 00" WEST 1028.88 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROPA THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE N~RTHEASTERLY LINE OF SAID LOT 22, SAID POINT BEING SOUTH 61 DEG. 00" 00" EAST 534.85 FEET FROM THE NORTHERLY CORPdER OF SAID LOT 22; THENCE CONTIPdUING ALONG SAID NORTHEASTERLY LINE SOUTH 61 DEG. 00' UO" EAST 355.00 FEET; THENCE WESTERLY 292.00 FEET 1'O A POINT SOUTH 6 DEG. 08' 00" EAST 210.00 FEET FROM THE POINT OF BEGINN~NG; THENCE NORTH 6 DEG. 08' 00 WEST 210.00 FEET TO TIiE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN PARCEL 2 OF THE DEED TO JESSE COYKENDALL AND OTHERS RECORDED IN BOOK 103 PAGE 480 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THElVCE ALONG THE WEST LINE OF SAID LAND NORTH 5 DEG. 37' 28" N/EST 35.38 FEET TO A CURVE CONCAVE NORTNERLY, HAVING A RADIUS OF 4679.00 FEET; THENCE EASTERLY ALONG SAID CURVE, FROM A TANGENT WHICH BEARS SOUTH 83 DEG. 06' 01" EAST, THROUGH AN ANGLE UF 1 DEG. 53' OS" AN ARC DISTANCE OF 153.91 FEET TO THE SOUTH LINE OF SAID LOT 22; THENCE ALONG SAID SOUTH LINE SOUTH 82 DEG. 40' 27" WEST 150.84 FEET TO THE POINT OF BEGIN~JING. THAT PORTION OF LOT 22 IN BLOCK K OF THE KRAEMER TRACT, AS SHOWN ON A MAP RCCORDED IN BOOK 12, PAGES 87 AND 88 OF CR3604PK.DOC -1- PC99•63 MISCELlANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN A DEED TO CARRIE COYKENDALL AND HUSBAyD RECORDED NOVEMBER 30, 1927 IN BOOK 109, PAGE 478 OF OFFIt;IAL RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID SOUTHEAST CORNER BEING A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 22 DISTANT SOUTH 60 DEG. 52' 11" EAS7 889.85 FEET FROM THE NORTHERLY CORNER OF SAID lOT 22; THENCF SOUTH 82 DEG. 52' 17" WEST 102.42 FEET ALONG THE SOUTHERLY LINE OF SAID COYKENDALL LAND TO A LINE THAT IS PARALLEL WITH AND 50.00 FEET SOUTHEASTERL'(, MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY PROLONGATION OF TF+AT PORTION OF THE CENTERLINE OF LA PALMA AVENUE, AS SHOWN IN ORANGE COUNTY SURVEYOR'S ALIGNMENT BOOK A/4-9, PAGE 178; THENCE NORTH 83 DEG. 47' 49" EA~T 84.18 FEET ALONG SAID PARALLEL LINE TO THE NORTHEASTERLY LINE OF SAID LOT 22; THENCE SOUTN 60 DEG. 52' 11" EAST 22.71 FEET TO THE POIiVT OF BEGINNING. PrRCEL A: THOSE FC~RTIONS OF LOTS 3 AND 4 IN BLOCK 23 OF THE GOLDEN STATE TRACT, AS PER MAP RECORDED IN BOOK 4, PAGES 66 AND 67 OF MISCELLANEOUS MA?S IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLY TERMINUS OF THE NORTHERLY LINE OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA BY DF_ED (STATE PARCEL (713) RECORDED JANUARY 13, 1967 IN BOOK 8152, PAGE 1, OFFICIAL RECORDS OF SAID COUNTY, SAID NORTHERLY LINE BEING A CURVE, CONCAVE NORTHERLY, AND HAVING A RADIUS OF 4679.00 FEET; THENCE ALONG THE EASTERLY CONTINUATION OF SAID CURVE FROM A TANGENT WHICH BEARS SOUTH 83 DEG. 06' 01" EAST, THROUGH AN ANGLE OF 10 DEG. 3A' 53", AN ARC DISTANCE OF 864.11 FEET TO THE INTERSECTION OF A LINE PARALLEL WITH AND DIS7ANT WESTERLY, 217.50 FEET, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LOT 3, WITH THE NORTHERI.Y LINE OF THE PARCEL OF LAND CONVEYED TO SAID STATE BY DEED (STATE PARCEL (711) RECORDED JANUHRY 31, 1967 IN BOOK 8165, PAGE 766 OF OFFICIAL RECORDS IN SAID OFFICE, SAID IPJTERSECTION BEING THE TRUE POIN7 OF BEGINNING; THENCE ALONG SAID PARALLEL LINE, NORTH 7 DEG. 19' 33" WEST, 98.64 FEET TO THE NORTHERLY LINE OF SAi'u BLOCK 23; THENCE ALONG SAID LAST MENTIONED NORTHERLY LINE, SOUTH 82 DEG. 40' 27" WEST, 702.63 FEET TO THE CURVE HEREINABOVE DESCRIBED AS HAVING A LENGTH OF 864.11 FEET; THENCE EASTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH AN ANGLE OF 8 DEG. 41' 48", AN ARC DISTANCE OF 710.20 FEET T~ SAID TRUE POINT OF BEGINNING. WHEREAS, lhe City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 12, 1999 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance wilh 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 recornmendations in connection therewith; and CR3604PK.DOC -2- PC99-63 WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behaif, and aker due consideration of a!I evidence and reports offered at said hearing, does find and determine the foliowing facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipai Code Section 18.110.050.050.0531 lo construct hvo indoor roller hockey rinks with accessory retai~ and concession sales to be in conjunction with a future industrial park. 2. That the proposed use is properly one for which a conditionai use permit is authorized by the Zoning Code in Development Area 1(Industrial Area) of the Northeast Area Specific Pian (SP 94-1). 3. 7±~~t 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 located. 4. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposal in a manner not detrimental to the particular area nor to lhe peace, health, safety and generai welfare. 5. That ths traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry lhe traffic in the area. 6. That 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 of the City of Anaheim. 7. That no one indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFO_RNIA ENVIRONMENTAL QUALI7Y ACT FINDING: That the Anaheim City Planning Commission has rev~ewed the proposal to construct two indoor roller hockey rinks with accessory retail and concession sales to be in conjunction with a future industrial park on a irregularly- shaped 11.5-acre property located at lhe southwest corner of La Palma Avenue and White Star Avenue, with frontages of 110 feet on the south side of La Palma Avenue and 1,360 feet on the west side of White Star Avenue (2890 East La Paima Avenue); and does hereby approve the Negative Declaration upon finding that the declaration re8ects 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 e.ffect 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: 1. That neon lighting shall be prohibited on this property. 2. That outdoor uses, including outdoor storage, shall be prohibited. 3. That activities occurring in ccnjunction with this use, including the ventilation/cooling systems shall not cause noise disturbance to surrounding properties in accordance with Section 6.70 "Sound Pressure Levels" of the Anaheim Municipal Code. 4. That no roof-mounted balloons or other inflatable devices shal! be permitted. 5. That no public telephones shall be located outside the building. CR3604PK.DOC -3- PC99-63 6. That the wali signs fnr this use shall be limiked to one (1) sign facing the freeway and one (1) sign over the fi•ont entrance. Said signs shall be limited to the business name and shall be submitted to the Planning Ccmmission for review and approval as a"Reports and Recommendations" item. 7. That licensed security guard(s), approved by the Anaheim Police Department, shall be provided on the premises specifically to provide security and to discourage vandafism, trespass and/or loitering upon or adjacent to the subject property, Said security guard(s) shall remain on-duty as determined to be appropriate by the Anaheim Police Department. 8. That the use of this indoor roller hockey facility shall be limited to roller hockey events only. 9. That the parking lot servi~g the premises shail be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, posit~oned and shielded in s~ch a manner so as not to unreasonably illuminate the window areas of adjacent properties, and that said lighting information shall be specified on plans submitted to the Planning Department and to the Community Services Division of the Police Departm~nt for approval. 10. 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. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The wails of the storage areas shall be protected from graffti opportunities by the use of plant materials such as minimum one (1) gallon sized clir,~ing vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on tye plans submitted for building permits. 11. That a plan sheet for solid waste storage and collection and a plan for recyciing shall be submitted to the Streets and Sanitation Division for review and approval. 12. That an on-site trash truck turn-around area shall be provided in conformance with Engineering Standard Detail No. 610 and shall maintained to the satisfaction of said Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 13. That the legal property owner shall dedicate to the City of Anaheim an easement that varies in Nidth ai a location to be determined as electrical design is completed for public utility purposes. 14. That any required relocation of City electrical facilities shail be at the developer's expense. 15. That the locations for future utility devices including, but not limited to, electrical transformers, water back Flow devices, gas, communications and cable devices, etc., shall be shown an plans submitted for buiiding permits. Said plans shall also identify the specific treatment of each device (i.e., landscape screening, color of walis, materials, identifiers, access points, etc.) and said plans shall be subject to review and approval by the appropriate City departments. 16. That any large water system equipment shall be installed te the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback area in a manner that is fully screened.from all public streets and alleys. Said information shall be specifically shown on plans submitted to and approved by the Water Engineering and Cross Connection Inspector before s~bmittal for building permits. 17. That the water back flow equipment and ai~y other large water system equipment shall be installed to the satisfaction of the Water Utility Division behind the minimum street setback a~ea in a manner fully screened from all public streets and alleys; and that said informatfon shall be shown on plans submitted for building permits. 1 S. That prior to commencing operation of this business, a valid business license shall be obtained from the Business License Division of the City Finance Department. CR3604PK.DOC -4- PC99-63 19. That the legal propeRy owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an easement twenty (20) feet in width from the center Iine of the wafer servic~ mains for operation ar,d maintenance purposes and/or an easement for large meters or fire iines installation. 20. That if this project has landscapinc~ areas exceeding hventy five ihousand (2,500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 oP the Anaheim Municipal Code and Ordinance No. 5343. 21. That the developer/owner shall provide a detailed wat2r usage analysis ~nd building plans for Public Utilities Water Engineering review and approval to determine the adequacy of the existing water system to meet the preject's wat~r requirements. Any system improvements shall be completed in accordance with Rule No. 15A.6 of the Water Utility's Rates, Rules and Regulalions. 22. i hat the developer/owner sh~all submit a set of improvement plans for Public Utilities Water Engineering review and approval to determine the conditions necessary for providing water servi~c to this project. 23. That gates shail not be installed across any driveway ar private street in a manner which may adversely affect vehicular traffic in`the adjacent public street(s). Installation of any gates shail conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 24. 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 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 25. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in ~onformance wilh Engineering Standard No. 137. 26. That a plan shall be submitted to the City Traffic and Transportation Mariager showing that the loading space for trucks conforms with Code Section 18.06.060. 27. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with Engineering Standard No. 137 pertaining to sight distance visibility for sign or wall/fence locations. 28. That the proposed cui-de-sac shall be a private street. 29. That the developer shall comply with Chapter 14.60 of the Anaheim Municipal Code relating to Transpc,rtation Demand Management (TDM) (Ordinance No. 5209 and Resolution No. 91 R-89) by providing on-site taxi and shuitle bus loading zones, and by joining and financially participating in the ATN and Clean Fuel Shuttle Program and by installing bicycle racks. 30. That a traffic signal shail be installed at the intersection of La Palma Avenue and White Star Avenue. 31. That the geometric of the intersection of La Palma Avenue and White Star Avenue shall be improved, as required by the City Engineer, prior to the des(gn of the traffic signal. The designs shall include the widening of White Star Avenue on the noRh side of La Palma Avenue. 32. That the applicant, in accordance with the mitigation measure identified in the traffic sludy, shall pay its propurtionate share consisting of three percent (3%) of the cost of the street improvements on the north leg of the La Palma Avenue and Kraemer Boulevard intersection, currently estimated at thirty thousand dolla; s(~30,000) for the entire property. 33. That the property owner/developer shali pay its proportionate share of the implementation of the SCOOT system along La Palma Avenue at Kraemer Boulevard, Red Gum Street and Blue Gum CR3604PK.DOC -5- PC99-63 Street. Said implementation includes new traKc signal equipmenUcabinet, and using/instailing 2070N tra~c signal controller, cur~ ently estimated to cost seven thousand four hundred seventy four dollars (S7,474) for the entire property. 34. That the applicant/property owner shail provide an easement to ~ne City of Anaheim of approx~mately eighty (80) square feet within lhe landscaped set~ack along La Palma and White Star Avenues for the installation of a traffic signai controller cabinet. The plan for this area shall be submitted and approved by the City Traffic and Transportation Manager and Zoning Division. 35. That the property owner shall restripe White Star Avenue and install "no parking at any time" signs along the west side of White Star Avenue. The striping plan shall be submitted and appro~ed by the City Traffic and Transportation Manager. 96. (Proposed Condition No. 36 was deleted at the P/anning Commission pubiic hearing.) 37. (Proposed Condition No. 37 was deleted at the Planning Commission public hearing.) 38. That special events permit~ shall be prohibited. 39. That no retail saies shall be perrt,itted nther than the accessory sa!es from concessions and the pro shop. 40. That all non-conforming land uses shall be removed. 41. That a maximum of four (4) amusement devices shall be permitted. 42. That a total of one hundred eighty nine (189), minimum lwenty four Inch (24") box sized trees shall be planted along the street frontages and in the parking areas adjacent to Buildings 6 and 30, that minimum fifteen (15) gallon sized trees shall be planted adjacent to the building, and that a minimum three (3) foot high shrub screen shall be planted adjacent to La Palma Avenue and the SR-91 Freeway, in accordance with exhibits approved by the Planning Commission. 43. That a tentative tract map shall be recorded prior to occupancy providing a separate Iegai parcei for Building No. 6, otherwise the entire parcel as shown on Exhibit No. 1 shall be landscaped in accordance with Municipal Code requirements. 44. (Proposed Condition No. 44 was de/eted at the Planning Commission public hearing.J 45. That ~ubject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and wh(ch plans are on file with the Planning Department marked Exhibit Nos. i, 2, 2.a, 3, 4 and 5, and as conditioned herein. 46. That orior 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. 6, 9, 10, 11, 12, 13, 15, 16, 17, 19, 21, 22, ~ t, 24, 26, 27 and 40, 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. 47. That prior to issuance of a building permit or within a period of one (1) year from the date of lhis resolution, whichever occurs first, or as otheiwise approved by the City Engineer, Condition Nos. 30, 31, 32, 33, 34 and 35, above mentioned, shall be eomplied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipai Code. 4A. That prior to final building and zcning inspections, Condilion Nos. 14, 20, 25, 29, 42, 43 and 45, above mentioned, shall be complied with. 49. 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 CR3604PK.DOC -6- PC99-63 Federai regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, reguiation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanPs compliance wi+h each and all of the conditions hereinabove set forth. Shouid any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of co etent jurisdiction, then this Resolution, ; od any approvals herein contained, shall be dezmed n~ nd v id. TNE FOREGOING RESOLUTION w~~adopted'at the PI ing~mmission meeting of April 12, 1999. i'7~ / / /. ATTEST: . ~ ~ ~~o~s ~=~RC i f+nr, HN,~I+i~IM CITY PL4NNMG COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) that the foreg ing aesoluti n~was pa sedta d dopted at al rr, e~ nglof the nahemmSC ty Pla ning y certify Commission held on April 12, 1999, by the fallowing vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BRISTOL, KOOS, tJAPOLES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN, ESPING, ONE VACANT SEAT ~N WITNESS WhlEREOF, I have hereunto set my hand this ~t-1 ~' day of ~, 1999. ~~~ vEvnC I Nt(7 ~~c vHHEIM CITY PLANNING COMMISSION CR3604PK.DOC „~_ PC99-63