Resolution-PC 2008-6•
RESOLUTION NO. PC2008-6
C~
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05250
(TRACKING NO. CUP2007-05272) 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 SOUTH,
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 1N A DEED RECORDED JULY 10, 1914 IN BOOK 258
PAGE 66 OF DEEDS, WITH THE NORTHERLY RIGHT OF WAY LINE,
OF CERRITOS AVENUE 40.00 FEET IN WIDTH, SAID POINT BEING
ON A CURVE IN SAID NORTHEASTERLY TIGHT OF WAY LINE
CONCAVE SOUTHWESTERLY HAVING A RADIUS 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°37' 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
APRIL 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°56'51 EAST 1161.91 FEET ALONG
THE SOUTHERLY LINE OF SAID TRACT NO. 3313 TO THE
WESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF
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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
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 BEGINNING.
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
CALIFORNIA 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, 19141N 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°26'59" 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.
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WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 7, 2008, 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
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 determine the following facts:
1. That the proposed tattoo and piercing parlor is properly one for which a
conditional use permit 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 the other existing tattoo and piercing parlor has not 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 permit, 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.
CALIFORNIA 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 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 health and safety of the Citizens of the City of Anaheim:
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Responsible
COA/ for
MMP Conditions of Approval Monitoring
GENERAL
COA 1 That subject property shall be developed substantially in accordance Planning
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 No. 1, Exhibit No. 2 (Revision No. 1), Exhibit No. 3,
and Exhibit No. 4 and as conditioned herein.
COA 2 That signs advertising subject business shall not be displayed outside of Planning
the building.
COA 3 That approval of this application constitutes approval of the proposed N/A
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 determine 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 FURTHER 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
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 7, 2008. 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 maybe replaced by a City Council Resolution in the event of an appeal.
CHA AN ANAHEIM PL ING COMMISSION
ATTEST: ~
/1(/l (its ~'
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY 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 January 7, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, KARAI~I,
ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FAESSEL
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of
January, 2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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