Resolution-PC 2007-116~ ~
RESOLUTION NO. PC2007-116
A RESOLUTION OF THE ANAI~IM PLANNING COMIVIISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05250 BE GRANTED
(1440 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Anaheim 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:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP SOLTTH, RANGE 10 WEST, IN
THE RANCHO SAN JUAN CAJON IN SANTA ANA, MORE
PARTICULARLY DESCRIBED BELOW.
DESCRIPTION:
THAT PORTION OF THE SOUTHWEST QUA RTER OF THE NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT
OF WAY LINE OF A 60 FOOT STATE HIGHWAY, AS DESCRIBED IN A
DEED RECORDED JULY 10, 1914 IN BOOK 258 PAGE 66 OF DEEDS,
WITH THE NORTHERLY RIGHT OF WAY LINE, OF CERRTTOS AVENUE
40.00 FEET IN WIDTH, SAID POINT BEING ON A CURVE IN SAID
NORTHEASTERLY TIGHT OF WAY LINE CONCAVE SOUTHWESTERLY
HAVING A RADNS OF 630.00 FEET, A RADIAL LINE THOROUGH SAID
POINT BEARS NORTH 82°54'41" EAST THENCE NORTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE, OF 4°3T 14' A DISTANCE
OF 50.81 FEET, THENCE NORTH 6°55'00" WEST ALONG THE
WESTERLY LINE OF LAND DESCRIBED IN A DEED TO THE STATE OF
CALIFORNIA RECORDED APRII. 33, 1929 IN BOOK 257 PAGE 462 OF
OFFICIAL RECORDS TO THE SOUTHWEST CORNER OF TRACT 3313 AS
SHOWN ON A MAP RECORDED IN BOOK 107 PAGES 34 TO 37
INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA. THENCE NORTH 89°56'S1 EAST 1161.91 FEET
ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 3313 TO THE
WESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF
WAY, AS DESCRIBED IN A DEED RECORDED AUGUST 18 1899. IN
BOOK 44 PAGE 226 OF DEEDS, THENCE SOUTH 15°25'43" EAST 78.88
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FEET ALONG SAID WESTERLY LINE TO THE EASTERLY LINE OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 23, THENCE SOUTH 09°10' 18" EAST 640.48 FEET ALONG SAID
WESTERLY LINE, TO THE SOUTHERLY LINE OF THE NORTHWEST
QUARTER TO SAID SECTION 23, THENCE WEST ALONG SAID
SOUTHERLY LINE TO THE NORTH WESTERLY RIGHT OF WAY LINE
OF SAID 60.00 FOOT STATE HIGHWAY, THENCE NORTHERLY ALONG
SAID NORTHEASTERLY LINE TO THE POINT OF BEGINNIlVG.
EXCEPT THEREFROM THE WEST 144.51 FEET OF SAID LAND.
ALSO EXCEPT THEREFROM ALL THAT PORTION OF SAID LAND
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF A LINE WHICH IS PARALLEL
WITH THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 23 CENTER LINE OF CERRITOS STREET AND DISTANT
NORTH 220.00 FEET MEASURED AT RIGHT ANGLES FROM SAID
SOUTHERLY LINE AND THE EASTERLY LINE OF THE LAND
DESCRIBED IN A DEED TO THE STATE OF CALIFOR1vIA RECORDED
APRIL 23, 1929 IN BOOK 237 PAGE 462 OF OFFICIAL RECORDS
EASTERLY LINE OF LOS ANGELES STREET, THENCE SOUTH 6°55'00"
EAST ALONG SAID EASTERLY LINE A DISTANCE OF 250.99 FEET TO A
POINT ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS
OF 830.00 FEET SAID POINT BEING IN THE NORTHEASTERLY RIGHT
OF WAY LINE OS A 60.00 FOOT STATE HIGHWAY AS DESCRIBED IN A
DEED RECORDED JULY 28, 1914 IN BOOK 258 PAGE 66 OF DEEDS
RADIAL LINE THROUGH SAID POINT BEARS NORTH 78°17'27" EAST
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 6°26' S9" AND AN ARC DISTANCE OF 70.92 FEET.
TO A POINT IN THE SOUTHERLY LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 23, A RADIAL LINE THROUGH SAID
POINT BEARS NORTH 84°44'26" EAST THENCE EAST ALONG SAID
SOUTHERLY LINE A DISTANCE OF 221.36 FEET THENCE NORTH AND
AS RIGHT ANGLES TO SAID SOUTHERLY LINE A DISTANCE OF 220.00
FEET THENCE WEST AND PARALLEL WITH SAID SOUTHERLY LINE A
DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 1, 2007, at 2:30 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 18.60, 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
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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 deternune the following facts:
1. That the proposed tattoo and piercing parlor is properly one for which a
conditional use pernut is authorized by Anaheim Municipal Code Section 18.08.030.010 (Personal
Services - Restricted); and
2. That the proposed use would not adversely affect the adjoining land uses and the
growth and development of the area in which it is located because the operation would be contained
within the building and other existing tattoo and piercing parlors have adversely affected
surrounding areas; and
3. That the traffic generated by the use would not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because adequate
parking is provided on-site; and
4. That granting this conditional use pernut, under the conditions imposed, will not
be detrimental to the health and safety of the citizens of the City of Anaheim; and
5. That no one indicated their presence at said public hearing in opposition; and
that no correspondence was received in opposition to the subject petition.
CALIFORIVIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff
has determined that the proposed project falls within the definition of Categorical Exemptions,
Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission
does hereby grant subject Petition for Conditional Use Pernut, 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 health and safety of the Citizens of the City of Anaheim:
Prior to final and zoning inspections or within a period of one (1) vear from the date of this
resolution, whichever occurs first, the following conditions shall be complied with:
That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the applicant and which plans are on file
with the Planning Department marked Exhibit Nos. 1 through 3, and as conditioned herein.
General Conditions:
2. That signs advertising subject business shall not displayed outside of the building.
3. That timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that
satisfies the original intent and purpose of the condition(s), (ii) the modification complies with
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the Anaheim Municipal Code and (iii) the applicant has demonstrated signi~cant progress
toward establishment of the use or approved development.
4. That extensions for further time to complete conditions of approval may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal.
5. 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.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby
find and deternune that adoption of this Resolution is expressly predicated upon applicant's
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.
BE IT FiJRTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project, whichever
occurs first. Failure to pay all charges shall result in delays in the issuance of required pernuts or
the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of October 1, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the ev~nt of an app al.
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CHA AN;'ANAHEIM P ~NNING COMMISSION
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ATTEST:
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OR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CTTY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on October 1, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: CONIMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
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SECRETARY, ANAHEIM PLANNING COMMISSION
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