Resolution-PC 92-97RE I;U710N NO. PC92-97
A RESOLUTION OF THE ANAHEIM CITY Pl~1NNIN~ COMMISSION
7HA7 PETITION FOR CQNDI710NAL USE PERMIT NO, °530 BE GRANTEn
WHEREAS, the Anaheim Cf!y Planning Commission dic~ recelve a vorifiod Petition for
Condttional Use Permlt (or certain re~l proparty situated in the City of f~naheim, County of Orange, 5tata
of Califr~rnia, described as;
THRT P(~R'1'ION QF 7HE NOR7HEAST QUARTE? OF TF~E NORTHcAST ~UARTER
OF SECTION 19, TnWNSHiP 4 50UTN, RANGE 10 WES7, SAN BERNARDINO BASE
AND MERIDIAN, QESCRI~ED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF IAND DESCRIBED AS PARCF.L 1 IN
DEED 70 HUGO R. HILLE AND WIFE, FiECORDED MARCH 27, 1951 IN DOOK 2164,
PAGE 356 OF OFFICIAL RECORDS, S41D POIN'~ BEING ON THE EAST LINE OF
SAID SECTION 19 AND DISTANT SOU7H 0 DEGREES 27' OQ" 4VEST 4U0.00 FEET
FRUM THE NORTHEAST CORNER OF SAID SECTIpN 19; THENCE SUUTy 89
DEGREES 54' S0" WEST, PARALLFL YUITH THE NORTHERLY LINE OF SAID uECTION
19, A DISTANCE OF i75.00 FEET'; 1'HENCC SOUif-I 0 I~EGREES 27' 00" WEST
100.00 FEET 70 THE NORTHWEST CORNER OF LAND DE~CRIBED AS PARCEI. 1
IN DEED TO LEEHMAN H. VAUGHAN AND W~FE, FiECO(iDED MARCH 26, 1J51 IN
BOOK 2164, PAGE t3 OF OFFICIAL RECOFiDS; THENCE NUR'1'H 89 QE(3REES 54'
40" EAS'f 175,00 FEET ALONG THE NORTHERLY UNE OF SAID LAND qF L.EEHh~AN
H, VAUGHAN TO 7HF EAS7ERLY LIN~ OF SAID SF.CTIQN 18; THENCE NOHTH 0
DEGREES 27' 00" EAST 100,00 FEET Tp THE POINT OF BEGINNING.
WHEREAS, the City Plann(n~ Commiss(on did hold a public hoaring at the CNic Center fn tho
City of Anahefm on August 10, 1992, at 1:30 p.m., notice of sald public hea~ing heving bean duly given
as roqufrod by law and in accordance witli the `~ravisions of the Anghe(m Municipal Codo, Cl~apter 1&.03,
to hear and consider ovidenco (or and agalnst said proposod condftional use permft and ta Imrestlgatu and
mako findtngs and rer,ommendation~ (n conne~;tfon therewlth; and
WHEREtiS, sald Com~nission, after due insp~ction, investigatior7 s~nd study made by itself and
in its behali, ond after due consideratfon oF all evidenco and reaorts oHered et sa(d hAarin~, does Iind and
determine the (ollowing iacts:
1. Tt~at the proposed use Is properly one tor which a conditionai use permit is authurizod
by Anaheirti Municipal Codv S~cilon18.44.050.230 to permit a 3•unit, 3,503 sq.R. commercEal retail centor
with waNer of the followinq:
,Sg t n 1 4 1 - ,~+1.~x(mum ~;tructura0 h~igh~.
(5 foet ~ermitted whnn located 10 feAt ~e~~i single•
(omfly residentlal z~ning; ,~,Ql@@i proposed)
2. That thoro are specia! cfrcumstanc~s applfcable to th9 property such aa size shapo,
topography, location or surroundln~:~, which do noi apply to ather klontfcally zoned properties In tha
viciniry because the raquoatud wah:e~ Is intended to screen the existing ainglo-(amily residonces trom any
potentlsl Impacts croataal by tho proposecl commercial center; and, (urthAr, the d9sign oi the proposed
bulldfng wfll serve to ~rev~nt loftering behin~ the R;uliding and the proposod landsCape screen will servo
to buf(er nearby residences from the proposal structure.
CR15T7MS -1- PC92-97
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3. Tf~at strict appilcation of the Zoning Ccxfe deprtdc~s the praperty oF privlleges enJoyed
by other propeities under !!iontical zoning classificat(on in the vlcinity;
4, That the proposed use 13 proporly one ior which a conditlonal use permit Is authorized
by the Zoning Code;
5. That the pru~osed use will not adversely affect tho adJofning land usea and the growth
and development of the area fn which it Is proposod to be located becauso th~ proposed commercial retail
center, as daolgned, is compatiblo with the surround(ng land uses and the existfng GonerAl Plan
designation;
6, That the size and shapa of the site for the proposecl use is adequate to allow the 9ull
deveiopment of the proposed use in a manner not detrimental to the partl;.ular area nor tu the peac9,
health, safety, and flene!al welfare;
7. That tlio traffic goner~ted by the prpposed use will not impose an untlue burden upon
tho ~treets and highways designed and improvod to carry tho traHic In the areA;
8. That the granting of tfie conditfonal use permft unclar the candftions Imposod, H any, wlll
not be detr(montal to 4he poace, health, safety and general wolfare of ihe cftlzens of the City ot Anaheim;
and
9, That no one indicateci their presence at said public hearing in opposftion; and that no
corrospondence was r~ceived ln opposition to tho subJect petition.
A I QqNIA Ef~VIRONMENTAI~QUALITY ACT FINL11N4: That the Anahelm City Plenning
Commisslon has reviowed tlie proposa- to permit a 3•unlt, 3,503 sq.R. cornmercial retail centor with waiver
of rnaximum structural height or~ a rectangularly-shaped percel of land consisting nf approxfmately 0.28
acre, havi~~g a frontago of approximately 100 teet on the weat side of Brookhurat Street, having s
mFUCfmum depth of approximatsly tt5 feet, being located approxirnatety 400 feet south uf the ce~tevline
of Ball Road and furthr~r descr(bed as 1225 Soutl~ Brookhurst Stroet; and does hereby approve the
Negative Doclarat(on upon finding that the declaratfon reflects tt~e indeporxfant ~udgement ol the lead
agency and that it has aonsidorod the Negative Declaratlon tngether with any com-nents recelved during
tho public revfew process and further iinding on the basis of the Inftfal study and any comments received
that thora is no aubstantial evidonca that the proJect will havo u sfgnHicant e(foct on the emrironm9nt.
NOW, THFREFORE, BE 17 HESOLVED that the Anahelm City Pianning Commlaslon daes
heroby grant sub~ect Fetitit,n ior Conditional Use Permft, upon tha fWlc~wfng conditlons which ere hereby
found to be a neces;sary prc~vequis(te to thn praposed use of the subJect property in order to preserve the
safety and qonaral vN~alfare of the Citfzens of the City o( Anahefm:
S. That thera shall Ne no outdoor storuge of products, rofuse or other materi~is behfnri tho propused
bu(ldfng.
2. That a Plan Sf~eo: for soikf waste starugt and coll~ctfon, arxi e Pian for recycling shall be s~ibmittAd
tu the Department ot Maintenance tor roview and approval.
3. 7hat priar ta commencement ot ~ructural traming, a fire hydrant ,hall be InsWlled and charg~~ as
requirod hy the G:y Fire depertment.
4. That a~lan shcwfng An adequate loading spF:e for delivery truaks shall be submftted to tha TraHic
and Transpo~tatlun M~nager fo~ review and aaproval.
5. That tht~ pr~{~osed driveway shall be constructt+d with (iiteon (15) teot radlus curb retums.
-2- PC92-97
6. That subjeat property shal~ be dovelopod sulastantially in acoardance with plans and specffications
submittod to the City of l~n~heim by the potitionor and which plans Are on filo with the Planning
Department maiked Exhihit Nos. 1 through 3; and that the froo-standing signage sh~ll be Iimited to
a maximum tour (4) foot higi~ monumant sign as ahown on Exhibft No, 3.
7. That the block wall located along tl~e rear (west) proporty Ilne shall bo repalred ar replaced and that
tho exlating landscapiny shall be extonded along the ontfre west side of eubjoct property.
8. That priar to issuanr,o of a building perrnit or wlthin e perlod of one (1) yo~r from the date of this
rasolution, whichevor occura first, f;onditfon Nos. 2 and 4, above•mentioned, shtill be complled wfth.
Extens{ons fnr further timo to completo said ccnditions may be granted in accordance with Section
18.03.090 of tho Anahelm Municipal Code,
9, That prlor to final buliding and zoning Inspections, CondiSion Nos. 5, 6 and 7, above•montloned, shall
be complied with,
1U. That appruval of t~iis appllaation constit~jtes approval of the proposed req~est only to the extont tha~
ft complies with the Anatieim Municipal Zoning Gode and any oiher appliaable City, State ancl Federal
regulotioiis. Ap~rovAl does nut inclu~e any actfon or findinps as to compllsnce or approval Af the
request regarciing any othor applicable ordinanca, regulation or requlrement.
E3E IT Fl,'R7HER RESOWED that tho Anahglrn f;ity Planning Commissian does hereby tind and
determine that adoption of this Resolution is oxpressly pred~cated upon appllcant's compllance with dACh
and all of the conctitions heroinabov~! set torth. Should any suQh condition, or any patt thereof, be
declared invelid or unen(orceablo by tf~3 ffnal Judyment of any urt of compet nt Jurisdfctlon, thon this
Resolution, and ary approvals hereln containecl, shall be dee ull nd v
71~E FOREGOING RESOLUTION was ed t at t Pla g Commlasloa meeting of
August 10, 1992. ~ ,v ~~~i~,~f.~--.
CHAIRMAN, ANAHEIM CITY
ATTEST:
_~~~~~~~~
SE R AR ANAHEIM CITY PIANNING COMM{SSION
STATE OF Cl-LIFORNIA )
COUNTY OF QRANGE ) s~.
CITY OF ANP,HEIM )
I, Margarita Solorio, Secretary oi the Anahefm Clty Planninp Commissian, do horeby certHy
that the for~~goinQ rASOlution was passed and adoptod a! a meeting of the Anahelm Clty Pl~.~ning
Commfsslor held on August 10, 1992, by the tollowin~ vote oi the members thereM:
AYES: C•OMNIS~IONERS: BOUAS, EHISTQL, HELLYER, HENNIN(3ER, N~~SSE
PEFiAZA, ZEMEL
NOES: COMMISSlONERS: NON~
ABSENT: ~7MMISSIONERS: NONE
IN WITNESS WHEREUF, I havo herew~to set my hand thfs ~~ day ot
~~IljUS'~" _~ 1992.
~_ ~_-
SECR A ANAHEIM CITY PLANNIN3 COMMI5S!ON
.~. Pl:92•97