Resolution-PC 97-15~ ~
RESOLUTION NO. PC97-15
A RESOLJTION OF THE ANAHEIM CITY PIANNING COMMISSIQN
THAT FETITION FOR CONDITIONAL USE PERMIT ~!O. 3901 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified PetiYion for
Conditionai Use Permit for certain real property situated in the Ciry of Anahaim, County of Orange, State of
California, described as:
THE WEST 317.00 FEET OF THE SOUTH 283.00 FEET OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTIGN 5, TOWNSHIP 4 SOUTH
RANGE 10 WEST, IN THE RANCHO L.OS COYOTES, IN THE CI"f`( OF ANAHEIM,
COUNTY OF ORANGE, STATE OF C/aLIFORNIA, AS PER MAP RECCRDED IN
BOOK 51, PAGE(S) 10, MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER Or SAID COUNTY.
EXCEP7 THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 53.00
FEET WITH THE EAST UNE OF THE WESTERLY 190.OQ FEET OF SAID SECTION,
THENCE NORTH 0 DEG. 19' 44" WEST ALONG SAID EAST LINE 107.00 FEET TO
A POINT 40.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE
SOUTHERLY 200.00 FEET; THENCE NORTH 45 DEG. 16' 14" WEST 56.63 FEET
TC~ A POINT IN THE NORTHERLY LINE OF SAID SOUTHERLY 200.00 FEET, SAID
POlN'f BEING 40.Q0 FEET WESTERLY OF SAID EAST LINE OF SAID WESTERLY
190.00 FEET; THENCE SOUTH 89 DEG. 46' 26" WEST ALONG LAST MENTIONED
NORTHERLY LINE 80.00 FEET TO A POINT IN THE EASTERLY LINE OF THE
WESTERLY 60.00 FEET OF SAID SECTION; THENCF SOUTH 0 DEG.19' 41" EAST
ALONG LAST MENTfONED EASTERLY LINE 122.00 FEET TO A POINT 25.00 FEET
NORTHERLY OF SAID NORTH LINE G~F THE SOUTH 53.00 FEEI' OF SAID
SECTION; THENCE SOUTH 46 DEG. 23' S8" EAST 36.10 FEET TO A POINT IN
SAID N~RTH LINE OF SAID SOUTH 53.00 FEET OF SAID SECTION, SAID POINT
BEING 26.00 FEET EASTERLY OF SPID EP.STERLY LINE OF THE WESTERLY
60.00 FEET OF SAID SECTION; THENC~ NORTH 89 DEG. 46' 26" EAST ALONG
LAST MENTIONED NORTH LINE 104.00 FEET TO THE POINT OF BEGINNING.
Al.SO EXCEPT THAT PORTION THEREOF DESCRIBED IN A DEED TO THE STATE
OF CALIFORNIA RECORDED IN BOOK 11088, PAGE 1871, OFFICIAL RECORDS.
WHEREAS, the City Planning Commiss~an did hoid a public hearing at the Civic Center in
the City of Anaheim on January 6, 1997 at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance wfth the provisions of the Anaheim Munic(pal Code, Chapter 18.U3,
to hear and consider evidence for and against safd proposed condft(onal use permft anci to investigate and
make findings and recommendations (n connection therewfth; anci that said public hearing was continued
to the February 19, 1997 Planning Commission meeting; and
WiiEREAS, said Commissior, after ciue inspectfon, investigation and study rriade by itself
and in its behalf, and after due consideration of all evidence and reports offered at said h~aring, does find
and determine the following facts:
1. That the proposed use is properly one for which a condftionai use permit is
authorized by Anaheim Municipal Code Section 18.44.050.195 to permft a 1,400 sq.ft. expansion of an
existing convenience market withEn an existing commerclal retail centQr.
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2, That the psoposal, consisting of a 1,400 sq.ft. expansion, was incorrectfy advertised
as a 1,460 sq.ft. expansion; and that the proposal involves removing two existing paRition wall~ and creating
one retail unit in the same space previously occupied by three retail unfts;
3. That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code; and that said use is compatible with the retail center in which ft is located
and ~vith the immediate neighbochood and will provide f~od ftems witi~in walking distance of adjacent
neighborhoods;
4. That the proposed use will not adversely afiect the adJoining land uses and the
growth and development of the area in which it is proposed to be located;
5, That the size and shape of the site for :he proposed use is adequate to allow the
full development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare; and that the proposed expansion does not require an increased nurnber
of parking spaces;
g. That the traffic generated by th~ proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because it is located
within an existing commercial center;
7. That the granting of the conditional use permft, under the conditions imposed, will
not be detrimenta! to the peace, health, safery and general weifare of the citizens of the ~City of Anaheim;
and
8. That no one indicated their presence at sai~ public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRGNMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal io permit a 1,400 square-foot expansion of an exlsting conven(ence
market within an existing commercial retail center on property consisting of approximately 0.91 acre, located
north and east of the northeast corner of Brookhurst Street and La Palma Avenue, having approximate
irontages of 83 feet on the east side of Brookhurst Street and 127 feet on the north side of La Palrna
Avenue, a~id further described as 1112 North Brookhurst Street, Suite 8(Super Jahan Market); and does
hereby approve the Negative Declaration upon finding that the declaration reflects the independent
judgemenz of the lead agency and that it has considered the Negative Declaration together with any
comments received during the public rev?ew process an~J further finding on the basis of the initial study and
any comments received that there is no substantial evidence that the project will have a significant effect
an the environment.
NOW, THEREFORE, BE IT RESOLVED th2.t the Anaheim City Planning Commissior~ does
hereby grant subject Petitioere~uis te tot~the I os osed ufseuof~ he subjelcWproperty ini~order tio p Eserveehe
found to he a necessary p q P P
satety and general welfare of the Citizens of the C'dy of Anahaim:
t. That, as specified by the petitioner, the hours of s~bject business shall be limited to 9 a.m. to 9 p.m.
2. That no food which is cooked, heated, reheated, assembled or altered on the srte (as defined in
Section 18.01.040 "Convenience Market, Take-Out, Food Service' of ihe Anahefm Municipal Code) shall
be permitted without a separate request and approvai of a waNer ~i minimum number of parking
spaces, or the provision of the Code-required number of parking spaces. -_
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~, Tt;aY i~ E existing 'san~scapie~~ ~:hrl~ .",a r~furbished/replanted a~ n~,: ~~•~:,~:ry and maintained in good
conclition 2:-sii t!m~s.
4. That a maximum of two (2) wail s+giis si~a~l t~ ada~t~2r' `nr :;ubject b~ :r,es~ or~ itio rE;na!nfng unused
wall sign shali be r2maved ar,d the wal{ tace ttie+~eurdEi si'•a!I be refuy ~ished w~th ;~~ ;r~y (30) days after .
the date of this resoiution.
5. That there shail be no public telephones maintained on th~,~ ,.:i~pertY ~hat r~~~ ~^^'a~=~•~ '~~'~•~ iaa
building and within control of the applicant
g. That there shall be no coin-operated games maintained upon the premises at any time.
7. 7hat there shall be no sale of alcoholic beverages within the subject premises unless a cnrd,itl~~:al ~.ise
permit is first approved authorizing s~ch use. '
g. That Condftion Nos. 3, 4 and 9, herein-mentioned, shall be completed within a periai a* thirty (30) days
of the date of this resolution.
g, That the o. 555 0~ sue jmft on-premisesasale a d consuemption ofI beee in ia haufbra )~o the Zoning
Permft N ( p
Division.
10. That subjeto phe City ofaA aheim bythe pecit onerland whichdplans a ehe~afile with hecPlantning
submitted Y
Department marked Exhibit No. 1.
11. That prior to finai building and zoning inspections, Condition No. 10, above-mentioned, shaii be
complied with. Extensions for further time to complete said condftions may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.
12. That approval of thfs application constitutes approval of the propased request only to the extent that
it complies with the Anaheim Municipal Zoning Gode and any other applicaple Ciry, State a~ aF of the
regulations. Approval does not include any action or flndings as to com liance or app
request regarding any other applicabie ordinance, reguiation or requfrement.
BE IT FURTHER RESOLVED that the Anaheim City Planning CommcanYs compl'an ce with
and determine that adoption of this Resolution is expressiy predicated upon app'
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 nuli and vofd.
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PC97-15
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THE FOREGOING RESOLUTION was adopted at the Planning Commission rneeting of
Febr~ary 19, 1997. ~/~J ~„ ~.
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CHAIRPERSON ANAHEI CITY PLANNING COMMISSION
ATTEST:~ ~ ~
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S~CRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that
the foregoing resolution was passeci and adopted at a meeting of the Anaheim City Plannfng Cummission
held on February 19, 1997, bY the foliowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWIGK, BOYDSTUN, BRfST~L, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER
IN WITNESS WHEREOF, I have hereunto set my hand this _,~,~ day of ~~ .
1997. - .
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SECRETARY, ANAHEIM CITY PLANNIN~3 COMMISSION
~_ PC97-15