Resolution-PC 98-130ZESOLUTION NO. PC98-130
A RESOLUTION OF THE ANAHEIM CITY PLANNING COM6lISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4054 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of P,naheim, County of Orange, State
of California, described as:
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF ANAHEIM, DESCRIBED AS FOLLOWS:
THE EAST HALF OF THE NORTH 5.00 ACRES OF THE EAST HALF OF
THE NORTH-EAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO
LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE
11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA. _
EXCEPTING THEREFROP,1, THAT PORTION LYING EASTERLY OF THE
WESTERLY LINE OF PARCEL 2 OF DEED TO THE STATE OF
CALIFORNIA FILED AUGUST 27, 1951 AS DOCUMENT NO. 23960,
CERTIFICATE OF TITLE NO. 14610, ON FILE IN THE OFFICE OF THE
REGISTRAR OF LAND TITLES OF SAID ORANGE COUNTY, AND THE
NORTHERLY PROLONGATION THEREOF.
ALSO EXCEPTING THEREFROM, THE LAND DESCRIBED AS PARCELS
1 AND 3 OF SAID DEED TO THE STATE OF CALIFORNIA.
ALSO EXCEPTIPJG THEREFROM THOSE PORTIONS DESCRIBED AS
PAP,CELS 100008-1 AND 100008-3 IN DEED TO THE STA7E OF
CALIFORNIA RECORDED SEPTEMBGR 9, 1997 AS INSTRUMENT NO.
19970431752 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Ptanning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 17, 1998, at 1:30 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 18.03,
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 use is properly one for which a conditional use permit is authorized by
Anahe(m Municipal Code Sections 18.01.040 and 18.44.050.135 to permit five additional units (in existing
floor area) for a total of 12 units within a 18,214 sq. ft. commercial center.
2. That this commercial center is a legal non-conforming use which was constructed prior to
conditional use permits being required for commercial retail centers containing three or more
businesses/units; and th~a~ .;;:s;;::~,;~si of this request establishes conformity for the entire commercial
center with the CL (Gomme~c:Ai, !_imited) Zone standards.
CR3400PL.DOC -1- PC98-130
3. That the proposed use will not adversely affect adjoining land uses and the growth and
development of the area in which it is proposed to be located.
4. That the size and shape of the site for the proposed use is adequate to allow the ~~II
development of the proposal in a manner not detr~mental to the particular area nor to the peace, health,
safety and general welfare; and that Code-required parking is provided on-site.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. That granting of this conditionai use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of lhe citizens of the City of Anaheim.
7. That no one indicated their presence at the public hearing in opposition; ar~d that no
correspondence was received in opposition io the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representatwe has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 1, as defined in the State of California Environmental Impact Report (EIR) Guidelines
and is, therefore, categorically exempt from lhe requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City 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 lhe proposed use of the subject property in order to
preserve the safety and general walfare of the Citizens of the City of Anaheim:
1. That trash storage areas shail be refurbished to the satisfaction of the Public Works Department,
Streets and Sanitation Division, to comply with approved plans on file with said Department.
2. That trash enclosure gates shall be installed in accordance with City Standards, any graffiti shail be
removed, and the enclosure shall be painted to the satisfaction of the Public Works Department,
Streets and Sanitation Division.
3. This condition was deleted at tho August 17, 1998, Planning Commission public hearing.
4. That this commerciai center shall be limited to twelve (12) commercial units, as stipulated to by the
petitioner, uniess separate future application is made, and approved, for additional units.
5. That the property shall be permanently maintained in an orderly fash(on through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of gra~ti within twenty
four (24) hours from time of occurrence.
6. That the existing vapor extraction unit located in the parking lot shall be removed. Following
remediation, said location shall be landscaped.
7. That the trash enclosure shall be screened from view with plants, inciuding minimum one (1) gallon
sized vines planted on maximum three (3) foot centers.
8. That signage for subject faciliry shall be limited to that which is shown on the exhibits submitted by
the petitioner and approved by the Planning Commission. Any additional signs shall be subject to
approval by the Planning Commission as a"Reports and Recommendations" item.
9. That any exterior vending machine shall not be :~~sible to the pubiic rights-of-way (Lincoln Avenue
and/or 8each Boulevard).
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10. That prior to the operation of each business, a valid business l~?ensa sh~:,? ~,~ obiain~d '^vrr. ~he
Business License Division of the City of Anaheim f;nance L~ ~partrtienc, •
11. That any on-site public telephone(s) shall be Ic:~.ecl inside tr ~ buildinc;~s).
12. That a minimum of thirteen (13), minimum fifteer iE •;,s+:on sized, trees shail isr, ~;rc~~r~w^u ~?or~g
Beach Boulevard and Lincoln Avenue for a tot~,i oi i~~enty six (26) trees within trg ~.~nd>ca¢ed
setback.
13. That any tree planted on-site shall be replaced fn a timely manne~r 1.~ thc event that ~t is remcved,
damaged, diseased and/or dead.
14. That subject property siiall be developed substantially in accordance with,.-.ans ~,id specifications
submitted to the City of;~naheim by the petitioner, and which plans arc on fils wilh the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
15. That prior to issuance ef a building permil or within a period of one (1) year from the date of this
resoiution, whichever occurs first, Condition Nos. 1, 6 and 18, herein-mentionsd, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
16. That prior to final building and zoning inspections, Condition Nos. 2, 7, 12 and 14,
ahove-mentioned, shall be complied with.
17. That approval of this application constitutes approval of the proposed re~uest only to the extent that
it complies with tho Anaheim Municipal Zoning Code and any other applicable City, State and
Federal reguiations. Approval does not include any action or findings as to complfance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
18. That final landscaping pians shall be submitted to the Zoning Division for review and approval by
the Planning Commission as a"Reports and Recommendations" item. Landscaping adjacent to the
public rights-of-way (Linr,oln Avenue and/or Beach Boulevard) shall be installed ninety (90) days
after completion of the Caltrans improvements.
BE IT FURTHER RESOLVED that the A~aheim City Planning Comm'ssion does hereby
find and determine that adoption of this Resoiution is expressly predicated upon sh.~f~cant's compiiance
with each and all of the coneiitions hereinabove set forth. Should any such con ' ion, or any part thereof,
be deciared invalid or unenforceable by the final judgment f-any u of tentjurisdiction, then this
Resolution, and any approvals herein contained, shall be d em null d vo( .
THE FOREGOING RESOLUTION wa a o e at t P ann C mmission meeting of
August 17, 1998. ~ „ ~%
ATTEST:
atu~~ ~k~
SECRETARY, NAHEIM CITY PLANNING COMMISSICiN
COMMISS
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STATE OF CALiFQRNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planninc~
Commission held on August 17, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, PERAZA, WILL.IAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NOI~E
VACANT: ONE SEAT VACANT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
1998. ~~~
~~ ~~~ ~
SECRET~ , ANAHEIYI CITY PLANNING CQMMISSION
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