Resolution-PC 94-43RESOLl~TION N0, PC9~
A FiESOLUTIOfV OF THE ANAHEIM CIIY PLANI~IING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3668 BE GAAN7ED
WHERE/1S, ihe Anaheirn City Planning Commissfon dfd receive a verHied Petitiun (or
Conditlonal Use Permft tor c:~rtafn real property sMtuated ~n tho City ot Anahoim, County of Orange, State
af Calilornia, described as:
THE SOUTH 130 FE~T, MEASURED A7 RIGh1T ANGLES TO THE SnUTH LINE
OF ALL THAT POR i 10~I OF THE WEST 5.13 ACRES OF THE NORTH HALF 0~
THE NOR7HWES7 OUARTE9 OF THE NORTHEAST OUARTER OF SErTlQN 24,
TOWNSHIP 4 SQUTH, RANGE 11 WESY, SAN BERNARDINO BASE AND
MERIDIAN, IN THE RANCHA LOS COYOTES, CITY OF ANAHEIM, COUNTY OF
ORANGE, S7HTE OF CALIFURNIA, DESCRIBED A5 FOLl.OWS:
BEGINNING AT THE NORTMWEST CORNER OF 1'HE NORTHEAST QUARTER OF
SAIQ SECTION 24 AND RUNNINr THEIVCE SOUTN ALONG TH : WEST LINE OF
SAID NOHTHEAST QUARTER 328.90 FF.ET; THENCE SOUTH d9 DEG. 69' 42"
EAST 192.7t FEE'T; THENCE NORTH 0 DE3. 12' 35' EAST 328.97 FEET TO A
POINT IN TFIE NORThI UNE OF SAID NORTHCAST ~UARTER 192.7t FEET TO
THE POINT OF BEGINNING.
~ XCE?T THE NCRTH 198.97 FEET 7HEREOF.
WfIEREAS, the Ciry Plenning Commission did hold a publi~ hua:ing at the Civic Center
in the City o( Anaheim on March 21, 1934 et 1:30 p.rr., notice of aaid public hearing hnving boen duly
gtven as required by Iaw and in accordanca with the provisions ut the Anahalm Municipal Cafe, Chapter
'0.03, to hear and conslder evidynco tor and a(~ainsi safd proposed condhlonal use permft anci to
~ivestipate a~d make (indings dnd recommenciatbna tn conne~tion therewith; and
WHEFiEAS, said Cammfssfon, aitor due Inspectlon, irrvestigatiors and study rr~de by ftse!t
and (n ks behalf, erxl utter due consideration of all evklence and reports oHered et safd hearing, does find
nrxf cietermine the toll~wing lacts:
+. Tnat th~ propused use is pruperly one !or whtch a conditlonal use permft is autharizeci by
Anaheim Municipal Code Section t8.44.050.t95 tu permR a 990 sy.R. conver~ience m~rket ;grocery store)
in nn exist(ng commercial retaN center;
~ That the proposed use Is proporly one for wh(ch a cond'Alonai iise ~rrntf is euthorizetl by
the Lor~ing Codo;
3. Th:tt tho pro;~:.aed use wAI not adversdy allect tfx~ adjoining land usog and the growth arxl
davdopment o( the area In whk~n rt fa proposed to be I~tacf becaase a corrvenience ma-ket/grorery
stora wpl bo compa!Ible wRh the ad~acern ex!sting and :~oposed rotau usas. arw ti~at tho Inck ot alcuhnl
sale.: v~ill lessen tha u+se's ~wsrible impsct an surrcwndin~ maWoMial propertto;,;
4, That ttuf sizo anti at-~pe ol Itw sRe (o- the aroposed use Is adequate to allow the fuli
dFV~lopment of tho use In a mannor not Ar~rlmental to tha ~rticular arda nor to the poace. heaitli, safaty
a~-c1 flPnarai w4~fare;
C-i2051 MS.VYP -t - P(,'YJ4 •43
5. That tl~e traHic genarated by the proposed use will not impose an undue burdan upc ~ th~
streots and highways designed and improved to carry !he traf(ic in the area;
6. That the granting of thQ condition2l use pormft uncfer the conditions imposod will not
dotrimental to the peace, heafth, safety and genoral wetfare of the citizens of the City of Anaheim; and
7, That no one indicat9d thoir presence at said public hearing in oppesition; and that no
correspondence was recelved in opposition to the subJect petition.
C~ALIFORhIA ENVIR NM qL (lUA~ITY ACT FINUiNG: That th~ Anahelm City Planning
Commission has reviewod tho proposat to permit e 990 sq.ft. convenlence market (grocery stare) in an
existing commercial rotail center on a rectangularly-shaped parcef of land consisting af approximateiy .43
acre, having a Irontago of epproximately 128 feot on the oast side of D,ale Avenuo, having a meximum
depth u( approximatoly 147 teot, being locatod approx(rnataly 210 feet south of tho centerline of Ball Road
end further described as t214 South Dale Avenuo; and does hereby approvo the Nogative Declaratlon
upan finding that the decleration reflQCts the Indepondent Judgement of th~ lead agency and that It has
considered the Negative Declaration togetlier with ~ny comments roceNed during the public review
process and further finding on the basis of ttie initial study arxi any comments rec~NecJ that there is no
substantial evidence tl~at the pro~ect w(II have a significant effect on the Anvironment.
NOW, THEREFORE, BE IT RCSOL.VED that the Anahelm City Planning Commission doAs
hereby grant subject PeUtfon for Conditlonal Uso Permft, upon the tollowing condrtions :+nich are hereby
lound to be a nocessary prerequisfto to the prop~sed use of the subjoct property In r,rdor to preserve the
safety and general weliare ot the Cftizens oi tho City of Anahoim:
1. That there shatl be no alcohol sates permitted in con~unction with subjaai uso.
2, That ther~ shall be no vWeo garnes or other cain-operated devices perm~tted on the p-emisea.
3. That plans shall be submittod to the City Tratlic and Tran~i~artation Manager for his review anci
approval showing conformanco with the lateat revfs~ons of Engineering Standa~~d Plan Nos. 436 and
C02 portaining to parking standards and drNaway locetions. Sub~ect property shaH thereupon be
doveloped and maiMained in conformance with said plans.
4. That trash storage araas Ehall be provided and mn!ntained in Iocationa acceptable to t~~e Department
ot Maintenance ar~ in accordance with appraved plans on file wRh said De}~artment. Such
Informatfon sl-al! be s;~ecNically shown on the plens submitted lor buiiding pe-mfts.
5. That a Plon 5tieet for sdid waste storoge and cdlectlon, and a plan tor recyclfng ahall ba gubmltted
to the DepnAment ot Matntenancg for review and approval.
6. That sub~ect property shall be de~ieloped substantfally in accordei~ce wtth ptans end specMfcatfons
submitted to ths City ot Anaheim by the petitfoner and which plans are on ifle wNh the Planning
~qpartment markad Exhibit Noa. t and 2.
7, 'fhat prlor so commencement o( tho actfvky hereln approved or withtn a period of forty five (45) d~ys
Irum the data of th:a resolution, whfchevar c~ccurs first. Conditbn Nos. 3, 4, 5 and t3, above-
mentionacf, sliall be completed Fxtensions for IuRl~or tims to complote sakl r,oncthiona may be
yranted in accordance with Section 18.03.090 ot the Anahoim Municipal Goda.
8. 7hat approvai cA 1hLs ~pp~~catfon c~nsUtutes approval ot the proposed requeat r,-nly to the extent thet
it com~lfes wfth thFS Anaheim Municfpel Zoninp Cocle and any other eppl-cat~le CRy, Stete arxl FPCfe!nl
rug~dallos~s. Aparoval does not include any actlon or tirxlings aa to com~liance or appravnl cf the
request repAr~°.~ any oiher apWicable ~rdinence, regulation or requfrement.
.2_ PCJ4•43
BE IT FURTHER RESOLVED that tl~e Anaheirn City Planning Commission does hereby ilnd
and determine that adoption of this Resolution Is expressly predicated upon applicanYs compllance wfth
each snd all of the conditions horelnebove set torth, Should any such cundftion, or a~y part theroof, he
declared Invalid or unen(orceable by tho final ~udgment o( any court oi competent )urisdictlon, then th(s
Resolution, and any approvals herein contained, shall be deemed null and void.
1'HE ~OREGO~tVG RESOLUTION was adopted at the Planning Commisslon meoting of
March 21, t994.
( /~_/%' /J .%'/~~
CHAIRMAN ANAHFIM CIIY PLANNING COMMISSION
ATi EST:
~i r
~i ~~~' ~CC~2t.~~Zl ~~~U ~(.,,~~
BECRETARY, A HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNIY OF ORANGE ) ss.
CITY QF ANAHEIM )
1, Margarka Solorio, Secretary of the Anahofm City ?lann~nq Commfsaton, do hereby certHy
th3t the toregoing rasoiution was passed and adopted at a meotinq of tlio Anaheim Gity Planninp
Commtssion held on March 2t, 1994, by the following vote ot the mombers thereof:
AYES: COMMISSIONERS: BOYDSTUN, CALDWELL, FiENNINC;ER, MAYER, MESSE, PERA7A, TAIT
NOES: COMMISSIONERS: NQR1E
ABSENT: COMMISSIONERS: NONE
IN WiTNESS WHEREOF, I have hereunta gei my hand this "7 ~~ day ot
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i_.:~S=u'1= ~-~ -_ C, ;' : ~~ Lc~ x~.~.
~ECRETAHY, ANdH[IM I:ITY Pl1iNNING COh~1i11SSI0~J
.g. PC94-43