Resolution-PC 94-14RESOLUT~ON NO. PC94-14
A RESOLUTION OF THE ANAHEIM CIT`l PI.ANNING COMMISSION
THAT PETITION FOR CONDITIONAI. USt NERMIT NO. 3661 BE GRANTED
WHEREAB, the Anaheim City Planninfl Commisslon did receiva a verifled Petitlon for
Conditlonal Use Permit tor certain real proporty situated in the City of Anaheim, County of Orange, State
of Galifornla, dascribed sas:
PARCEL Ai: THAT PORTION OF THE WES7 HALF OF THE SOUTI~IWEST CUARTER
OF SECTION 9, TOWNSHIP 4 SOU7H, RANGE 10 Wt~S'~, IN THE RANCHO SAN
JUAN CAJON L`E SANTA ANA, AS THE SAID WEST HALF OF THE SOUTHWEST
QUART~f~ OF SECTIpN 9 IS SHOWN ON A MAP FILED IN 130CK 35, PAGE 15 OF
RECORD OF SIJRVEYS, IN THE OFFICE OF THE COUNTY RECC~RDER OF ORANGE
COUN7Y, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NOFiTH WEST CORNER OF PARCEI. 1, DESCRIBED IN THE
DEED TU THE STATE OF CALIFORNIA, FiECORDEq UCTOBER 21, 1955 IN BOOK
3253, PAGE 442, OFFICIAL RECORDS OF SAID OFiANGE COUNTY, BElNG A POINT
ON THE W~ST LINE QF SAID SECTION 9, NOP,YFI Q DEG. 15' 30" WEST, 717,99
FEET FROM ITS IhTERSECTION WITH TME NORTFiEASTERLY LINE OF THE
SOUTHERN PACIFIC RAILROAD COMPANY'S t00.Q0 FOOT RIGHT OF WAY;
THENCE AT RIGNT ANGLFS, NORTH 89 DrG. 44' 30" EA5T, 40.00 FEEI'; 'THENCE
SOLTH 0 DEG. 15' 30" EAST, 50.00 FEET PARALLEL WiTH SAID WEST LINE;
TNENCE SOUTH 16 DEG, 57' 27" EAST, 221.1d FEET TO THE NORTHFASTERLY
LIIVE OF 7HE LAND DESCRIBED IN CERTIFICP.TE QF TIT~,~ NO. 9191; TH[NCE
ALONG SAIQ NOR'fHEAS7ERLY L.IN~, SOUTH 45 DEfi. 15' d0" EAST, 3325 FEET TG
THE REGINNING OF A CURVE CONCAVE TO THE SOUTHVUEST AMD HAVING A
RADIUS OF 92.OQ FEET; 7HEMCE SOUTHEASTERLY 4.69 FFET ALONG SAID CUI~VF
TO THE NQRTHWESTERtY CORNER OF THE LAND DESCI'.BED IN PAHCEL 2 IN
THE DEED TO THE STATE OF CALIF09NIA RECORDED OCTOBER 21, 1955 IN
800K 3253, PAGE 44?_ OF SAID OFFICIAL RECORDS; THENCE ALONG THE
NORTMERLY AND NORTHEASTERLY 4JNE OF SAID PARCEI. 2, SOUTH 09 DEG. 26'
58" EAST, 110.i8 ~EET TO THE BEGINNING OF A CURVE CONCAVE TO THE
SOU71iWEST AND NAVING A RALIUS OF 200 FEET; THENCE SOUTHEASTERIY
?59.47 FEET ALONG SAID CURVE; 7HENCE SOUTH 1~ DEG. 10' 23" EAST, 138.00
FEET; 7HENCE SOUTH 19 DEG. 28' 13" WEST, 112.30 FEET; THENCE SOUl'H 30
DEC. 27' 58` WEST, 90.00 FEET TO A POINT ON A NQN-TANGEiVT CURVE
CONCAVE TO 7FlE NOR'HEAST HAVING A RADIUS OF 1913.U0 F[ET TO WHICH
POINT A RADlAL BEARS SOUTI-I 23 DEG. 35' 16' WCST; YHENCE SQUTHEASTERLY
494.34 FEEI' ALONG SAIO CURVE TO THF FAST UNE OF THE LAMD ~ESCRIF3ED
IN ' rED TO WILLIAM KOERNEA R~COA~ED APRIL 6, 1892 IN BOOK 53, PAGE 244
OF UEEDS OF SAIO ORAtJGE COUNTY, THENCE SOUTH 0 DEG. 15' 10' EAST,
29.00 FEFT, MORE OR LESS, Tp A LINE PARALLEL WITH AND 481.42 FEEl'
SOUTHcRLY ;MEASURED AI.ONG THE EAS7ERLY LINE) OF THE SAID NORTHERLY
LINE OF THE SOUTHWEST OUARTER OF THE SQUfHWEST OUARTER OF SAID
SECTION fl; Th1ENCE NORTH 09 DEG. 39' 00" EAST, 4&{.33 FEET ALONG SAID
LAST MENTIONED PARRLLEI. LINE TO THE EAST LINE OF THE SAID WEST HAIF
OF 7HE SOUTHWEST ~UARTER; 7HEPICE NOHTH U DEG. '16' 50' WEST, 1@01.47
FEET AI.ONG SAI~ LAST MENTiONED EA57EHLY LINE TQ THE NORTHEAST
CORNER OF THE BAID WEST NALF OF tHE SOUfHWESI' OUAR7ER OF SEC710N
~J; THENCF SOUTH 89 DEt3. 39' 15' WEST, ~i318.t39 FEET ALONG THE NORTHERLY
LINE OF 5AID SOUTHWEST OUA.RTtR TO 7HE NORTHWEST CORNER THEREOF;
THENCE SOUTH 0 OEG. 15' 30" E/!5T 87G,39 FEET ALONG SAID WEST LINE TO
THE PQINT OF BEGINNING.
CR2005h1S.WP -1- Pf;~a•1 a
EXCEPT THAT PORTIQN THER[O~ INCLUDED WITHIN THE FOL.IOWING
DESCRIBED LAND.
BEGINNING AT A POINT ON THE EAST LINE O~ THE SOU'THWEST QUARTER OF
THE SOUTHWEST OUARTER OF SAID SE~TION ~J, DISTANT ALO~!G SAID EAST
LINE NOR7H 0 DEG. 16' 55" WEST, 420.26 FEET FROM THE CENTERLINF OF THAT
PORTION OF MANCHESTER AVENUE, 60.00 FEET WIDE, DESCRIDED IN DEED TO
7FIE STATE 7F CAUFORNIA, fiECORDED MARCH 21, 1935 IN BQOK 743, PAGE IB
OF SAIf7 OFFICIAL RECORDS;1 i~.:NCE CONTINUING NORTH 0 DEG. 18' S5" WEST,
208.68 FEET;THENCE AT RIGH7 ANGLES, SOUTH 89 DEG. A3' 05" WEST, aa.oo
FEEI'; TFiENCE SOUTH 1 DEG. 51' 25" WEST, 94.83 FEET TO THE F3EGINNING OF
A NOP1=fANGENT CURVE, CONCAVE TO THE NORTHW~ST AND HAVING A RADIUS
OF 115.00 ~EET TQ WHICH POINT OF BEGINf~ING OF CUHVE A RADIAL BEARS
NORTH e~ DEG. 43' 05" [AST; THENCE SOUTWW~STENLY iG620 FEET ALONG
SAID CURVt TO THE NORTHERLY L~NE OF'fHE LAND DESCRIE~ED IN DEED TO
THE STATE OF CALIFORNIA, RECURnED AUGUST 2, 1944 IN BOOK 1257, PAGE
100 OF SAID OFFICIAL RECORDS; THENCt NI~RTH 89 DEG. 39' 00" EAST, 144.14
FEET TO THE POINT QF BEGINNING.
ALSO EXCEPT THAT PORTInN THEFlEdF INCLUDcD WITHIN 71-IE FOLLOWING
DESCR'BEO LAND.
BEGINMING AT THE POINT ON THE NORTI~ERLY IINE OF THE LAN~ DESCRIBED
IN DEED TO THE STATE OF CALIFORNIA RECOADED AUGUST 2, 194A IN BOOK
1267, PAGE 100 OF SAID OFF-CIAL RECORDS, DISTANT ALONG SAID LINE SUUTH
Fl9 DEG. 39' 00' WEST, 172.67 FEET FROM 7HE EAST LINE OF THE SUUTHWEST
~UARTER OF 7HE SOl1THWEST taUARTER OF SAID SECTION 9; THENCE NORTH
85 DEa. 5t' 08" WEST, 161.39 FEE'r TO THE BEGINNING OF A NON=fANGENT
CURVE CQNCAVE TO THE NURTH ANf~ HAVING A RADIUS OF 1913.00 F[ET TO
WHICH POINT OF BEGINNING OF CUHVE A RADIAL BEARS SOIJTH 4 DEG. 49' 49"
WEST; THENCE WESTEFiLY 131.95 FEET ALONG SAID CURVE TO TNE EASTERLY
LINE OF THE IAND DESCRIBED ~N CERTIFICATE OF 71TLE ~1~. 16055; 7HENCE
SOUTHERLY 29.09 FEET ALONG 5AID EASTERLY LINE TO SP.ID NQRTHERLY LI~IE;
THENCE EAS7ERLY 291.8a FEET TO THE POINT OF BEGINNING.
ALSO ~XCEPT THA7 PORTION TFlEREOF INCLUDED WITHIN Tt~IE FOLLOWlNG
DESCRIBED LAND:
BEGINNING A7 A POINT QN THE NORThI UNE OF SAID SOUTIaWEST QUARTER,
HEING THE CENTER UNE OF CRESCENT AVENUE, SOUTH 89 ~EG. 39' 15' WEST
733.00 FEET FRONi THE CENTER LINE OF LOARA STREET; THENCE S~UTH 0 DEG.
16' 55' EAST 29.00 FEEY 70 THE TRUE POINT dF BEGINNING; 7HENCE SOUTH
0 D~G. 16' 55" EAST 359.A2 FEET; THENCE NORTIi 89 DEG. A3' 05" EAST 352.00
FEE'1'; THENCE SOUTH 0 ~tG. 16' S5' EAST 1.C~0 F00T; THENCE NO~TH 89 DECs.
43' 05" EAST ~46.00 FEET TO THE EAST LliVE O~ TFiE 44.074 ACRE PARCEI
SHOWN OM SAID MAP FILED IN BOUK 35, PAGE 15 OF SAID RECORD OF
SURVEYS; i HFNCE NnRTH 0 DEG. 16' 55" WEST 341.14 FEET, ALONG SAID EAST
LINE OF THE BEGINNING OF A CURVE THERElN, CONCAVE SOUTHWESTERLY,
HAVING A RADIUu OF 20.00 FEET; THENCE NORTIiEALY AND SOUTHWESTERLY,
HAVING A RADIUS OF 20.00 FEE'f~ THENCE NORTHERLY ~4ND WESTERLY 31.4a
FEET ALONG SAID CURVE TH'riOUGH A CEPITRAL AN(aLE AF 90 DEG. 03' S0";
THENCE SOl ~TH 89 DEG. 39' 15" WES7 683.98 PEE'T TO Th1E TRUE ('OI(VT dF
BEGIhNING.
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PARCEL A2: THAT PORTION OF THE NURTHWtST ONE-QUARTER OF THE
SQUTHWEST ONE-~UARTER OF SECTION ~J, TOWNSHfP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, DESCRIBED AS THAT
PORTION OF THAT CEFiTAIN 44.074 ACRE PARCEL SHOWN ON A MAP RECORDED
IN BOOK 35, PAGE 15 OF RECORD OF SURVEYS OF ORANGE COUNTY,
CALIFORNIA, DESCRIED A8 FOLLOWS;
BEGINNING {N 7HE NORTH LINE OF ~AID PARGEL AT A POINT DISTANT SOUTH
0 pEG. 16' 55" EAST 29.00 FEET FROM A PQINT IN 7HE CENTERLINE OF
~„RESCENT AVENUF, SAID CENTERLIN~ BEING THE NOR7H LICJE OF SAID
SOU7HWEST ONE-~UA~ITER, DISTAfdT THEREON SOUTH 88 D~G. 39' 15" WES'f
733.00 FEEf FROM THE IN7ERSEC'fION THEREOF WITH THE CENTERLING OF
LOARA STREET AS SHQWN ON SAID MAP; THENCE SOUTH 0 DEG. 16' 55" EAST
359.42 FEET; THENCE NORTH 89 DEG. ~43' 05" EAST 358.00 FEET; THENCE SOUTH
0 DEG. 16' 55" EASI' 1.00 FOOT; THENCE NORTH 89 DEG. 43' 05" EAST 346.U0
FEET TO THE EAS7 L.INE QF SAiD 44.074 ACRE PARCEL; THENCE NORTH 0 DEG.
16' 55" WEST ALONG SAID EAST LINE 341.19 FEET TO A CURVE ~N THE
B~UNDARY OF SAiD PARCEL CONCAVE SOUTHWESTFRLY AND HAVING A RADIUS
OF 20 FEET; THENC~ NORTHERLY AND WESTERLY 31.44 FEET ALONG SAID
CURVE THFiOUGH A CENTRAL ANGLE OF 9fi DEG. 03' 50"; THENCE SOUTH 89
DEG. 39' 15" WEST ALONG THE NORTH~RLY LINE OF SAiD PARCEL 683.98 FEET
TO THE POItvT OF BEGINNING.
EXCEPT THAT PORTION 71-IEREOF DESCRIB~D AS FOLLOWS: BEGINNING AT 7HE
NORTHEAST CORNER OF THE WEST HALF OF THE NQR7HWEST QUARTER OF
THE SOUTHWEST qUARTEFl OF SAID SECTION 9; THENCE SOUTHERLY 40.00
FEET ALONG THE EAST LINE OF SAID WEST HAL.F; THENCE AT RIGHT ANGLES,
WESTERLY 20.00 FEE'f; THENCE AT RIGHT ANGLES SOUTHERLY 1Q,U0 FEET;
7HENCE AT FlIGHT ANGLES EASTERLY 10.00 FEET; THENCE AT RIGHT ANGLE&
NORTHERLY 10,00 FE~T.
WHEREAS, the CiYy Planning Commicsion dfd hold a public he~ring at the C(vic Center
in the Clty uf Anahefm ~n February 7, 1994 at 1:30 p.m., notice of said publ~c hearing havinp been duly
givQn As requlrai by law and fn accordance wfth the provisions of the Anaheim Municipal Co~o, Chapter
18.03, to hear and consfder evidence tor and against said propased conditional uso permit and to
investl~ate and make (indings and recommendations in connectton therowlth; end
WHEREAS, said Corrimission, aitar due inspection, investigation and study made by itself
and in its behalf, and after due consideratlon of all avidenca and reports ~ifered at sald hearing, does iind
nnd determ(no the following facts:
1. That the proposed use is properly one for which a conditional use permit fs autliorized by
Anaheim tilunicipal Code Section 18.44.050.24U to permft an outdoor piant nursery in conjunction with a
major rotail est~blishment;
2. Thai the proposed uso is cansistent wiih the Anaheim General Plan and with the Ptaza
Redevolopment Project as ~dopted by City Councfl on June 12, 1990;
3. Thut the proposed outdcx~r garden shnp Is consistent with the scope of davelopment
approved and authorized pursuant to the Ownor Perlicfpation Apreement botwaen the City of Anahefm
and the property owner, Caliiomia State Teachers' Ret(rement System, for tho development of Anaheim
Plaza;
.3_ PC94-14
4. That the proposed use will not adversely affect the adJoining land uses and the grc~wth and
devolopmont of the area in which it is proposed to be located;
5. 'I'hat the sizc~ and shape of the site for tho proRosed use Is adequate to allow the full
devefopment of the proposed use in a manner not dotrimental to the particular ~area nor to the peace,
~iealth, safety, and general woliare;
F,, That ths granting af thie conditional use permit under the conJitions imposed will not bA
d~trimental to the peace, health, ~afety and general welfaro of the citizens of tho Cfty of Anaheim;
7, 7hat the proposed outdoor garden shop will not create ~-n undi:~ burdon upon the streets
and highways d~signed to carry trafflc In the immediate vicinity, nor adver~ely impacts aclJacent land uses,
nor be detrimental to ihe peace, health, safety ar general welfare of tha surraund(ng community; and
8, That no one indicated their presence at said public hoaring In opposition; and that no
correspondenco wAS received i~ oppasition to the subJect petition.
QALlFORNIA ENVIR,QN~AENTAL ~UALITY ACT FIND~NG: 7he Plann(ng Qirector or his
authorized represantatNe has determinAd that the proposed proj9ct f~lls within the dofinitlon of Cate~oricAl
Exemptions, Class it, as deiinod in the State Environmental Impact Report (EIR) Guldfllinos and is,
therofore, catec~oricaliy exempt frorn the requirement to praparA an EIR.
NOW, THERcFOtiE, BE IT RESOLVED that the Anahnim Gity FlAnning Commission doos
hereby grant s~bJect P9tition for Condittonai Use Permit, upon the following cundltions which are hereby
found to be a necessary prerequislte to ths proposed use of the subject property in orde~ to preserve the
safety and gonerF.d welfare of the Citizens of the City of Rnaheim:
1. That all vi i I outdoor storage/displ~ys sha~l be iimited to Ifve plant materials only. All areas dovoted
to outdoor storage c~i ftems otl~er than Ilvo plant materiai shali adoquately be screened trom view by
a masonry wall fintshed to match the exterlor walls of the buiiding. Such storage sliall not ;axceed
tho height of the wall and shall be limited to botanically-rolated materlals only. All outdoor stora~e
or displays shall be contained within the garden shop enclosuro at ~11 times.
2. 7hat the deUvery accessways sshall be located on the south or east side of the outdoor garden si~op
area and orionted away trom the Euclid Streot irontage.
3. That subJect pr~porty shall be developed substantially in flccordance with pians ~nd specifications
submitted to the City of Anaheim by the petitioner and which p~ans are on file ~vith the Plann(nq
Departmont markod Exhibit No. 1.
4. That within a period o( one (1) year from the date of this resolution or prfor to ilnal building and
zoninc~ inspections, whichover occurs tirst, Condition Nos. 2 end 3, at~ove-mentioned, shall be
r,omplied with.
5. That approval of this application constftutds approval of the proposed request only to the extent that
it complies wlth the Anaheim Municipal Zoning Code and eny othor appllcable Cky, State and Federci
reflulations. Approval does not include any action or findings as to compliance or approval of the
r~yuest regarding Any other applfcable ordinance, regulation or requirem~nt.
BE IT FURTHER RESOLVED that the Anahefm City Planr~ing Commfssion daes hRreby fird
and determ(ne that adoption af th(s Resolutlon is expressly precilcated upon applicant's compliance with
each and all of the conditlons her~fnabove set iorth. Should any such condfti4n, or Any part thereof, be
declared invalid or unenforceable by the ffnai judgment of any court of compotent jurisdiction, thon this
Resolution, and any approvals herefn contained, sholl be deemed null and void.
~, PC94-14
~.~tvy ~'''^
' 1
TFiE FOREGOING RESOi.UTION was adopted et the Planning Commission meoting of ;
FebruFlry 7, 199~t. L~~'lr~v ~~
._~ _ ~ -__- ~
CHAIRMAN PRO-TEMPOR
ANAHEIM CITY PLANNING OMMI°iION
ATTEST:
~ CZlu.~'r ~o~Ufz~~r .
SECRETARY NAI~EIM CITY PI.ANNIMG COMMISSION
S'TATE OF CAI.IFORNIA ) ~
CO~~~TY OF qRANGt ~ ss. I
CITY OF ANAHEIM ) ~
I, Margarita Solorlo, Socretary of the Anahoim Cfry Plannkng Conzmiss~on, do I~ereby certify
that the foregoing resolutlon was passed and adopted at a meeting ot the Anaheim City Planninfl
Commission hold on Fobruary 7, 1994, by the following vote of the members therec+f:
AYES: COMMISSIONERS: CAIDWELL, I~iFMNlNGER, NlAYER, MESSE
NOES: GOMMIS810NERS: NONE
ABSENT: COMMIuSiONERS; BOYUSTUN, PERAZA, TAII' ~
~ IN WITNESS WHFREOF, I havo hereunto set my hand thi~ '" ~~~day of
~, 1 ~J94, C
~./) ~l ~rQlO~Lb
SECR /dRl~, NAFIEIM CITY PLANNING COMMISSION
i
I'
-5. PC94-14