Resolution-PC 99-14RESOLIiTION NO. PC99-14
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4092 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petitic~n for
Conditionai Use Permit for certain real property situated in the City of Anaheim, County of Orang~;, State
of California, described as:
THE NORTH 55 FEET OF THE SOUTH 250 FEET OF THE EAST 19;, FEET OF THE
SOUTfitAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHVJEST QUARTER
OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JU.AN
CAJON DE SANTA ANA, AS SNOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, EXCEPTING
FROM SAID PARCEL 1 THAT PORTION THERE OF INCLUDED WITHIN HARBOR
BOULEVARD.
ALSO EXCEPTING THEREFROM THAT PORTION GRANTED TO THE CITY OF ANAIiEIM IN
THE GRANT DEED RECORDED OCTOBER 15, 1998 AS INSTRUMENT 98-0896602.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT OVER THE WEST 25 FEET OF THE EAST 195 FEET OF
THE SOUTH 195 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUP,RTER
OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO SAN JU.4N CAJON DE SANTA ANA AS SHOWN ON A MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELl.ANEOUS MAPS RECORDS OF ORANGE COUNTY,
CALIFORNIA, EXCEPTING FFtOM SAID PARCEL 2 THAT PORTION THEREOF INCLUDED
WITHIN KATELLAAVENUE.
WHEREAS, lhe City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 20, 1999 at 1:30 p.m., notice of said public hearing having been duly
given as required by Iaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against safd proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Cummission, after due inspection, investigetion 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 lhc foilowing facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Seclions 18.78.100.050 and 18.48.070.050.0511 to reconstruct the exterior
facade of an existing, legal nonconforming retail building at 1761 South Harbor Boulevard.
2. That the Disneyland Resort Specific Plan No. 92-1 provides for improvemQnts to legal,
nonconforming buildings or structures in connectfon with approval of a conditional use permit.
3. That the propused improvements to the exterior facade of the legai, nonconforming retail
building will not edversely affect adjoining land uses or the growth and development of the area.
4. That the size and shape of lhe site for the proposed use is adequate to a~low the full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety, and general welfare because no addilional building square footage or er.pansion beyond the
existing building footprint is proposed and the proposed improvements wili bring the property more fnto
conformance with the design criteria and the site development slandards of the Disneyiand Resort
Specific Plan.
CR3535PK.DOC -1- PC9~-14
5. That nc additional traffic wil! be generated that would impose an undue burden upon the
streets and highways designed and improved to carry the tra~c in the area because the proposed
improvements are architectural treatments only and do not add to the overall square footage or traffic
generating characteristics of the use.
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 the citizens of the City of Anaheim.
7. That no one indicated their presence at said put~lic hearing in opposition; and that no
correspondence was received in opposition to the subject pe~ition.
CALIFORNIA ENVlRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the propused project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State Environmental Irrpact Report Guidelines and is,
therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFOR~, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant ~ubject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposecJ use of the subject property in ordPr to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 3.
2. That approval of this application constitutes approval of the proposed request only to the extent that it
compiies with the Anaheim Municipal Zoning Code and any other applicabie City, State and Federal
regulations. Approvai does not inciude any action or findings as to compliance or approva! of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of ihis Resolution is expressly predicated upon applicanY~ compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be ~ieclared invalid or unenforceable by the final judgment of any court of campetent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the authority granted by this conditional use permit is
subject to the time limits established by Section 18.03.090 of the naheim Municipal Code.
THE FOREGOING RESOLUTIO s a opted t th lanning Cemrriission meeting of
January 20, 1999. ' ~ ~
..._. ( , ~ ~
CHAIRP ON, ~IAFI~IM CITY FLANNING CQMMISSiON
ATfEST:
~ti~ue,~T~U u.~Q.t.b~~
SECRE?ARY, A AHEIM CITY PLANNING COMMISSION
CR3535PK.DOC -2- ''^99-14
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CIIY OF ANAH~IM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a me~ting of the Anaheim City Planning
Commission held on January 20, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: CONiMISSIONERS:
IN WITNESS WI
__J~~~~~ 1999.
~
BOSTWICK, BOYDSTUN, BF2ISTOL, ESPING, KOOS, NAPOLES,
WILLIAMS
NONE
NONE
1EREOF, I have hereunto set my hand this ~ day of
~ ~ `~
SECRE ARY, A AHEIM CITY PLANNING COMMISSION
CR3535PK.DOC -3- PC99-14