Loading...
Resolution-PC 2001-111~ • RESOLUTtON NO. PC2001-111 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04408 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 Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 0 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF SID NORTHWEST QUARTER OF SAID SECTION 8, 474.67 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF SAID SECTION; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF THE NORTH 25 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8, 238 FEET; THENCE SOUTHERLY PARALLEL WI.TH THE WEST LI.N€ OF THE NOk~THWEST Q~JARTER OF S~4fD SECTION 8, 168.15 FEET, MORE OR LESS, TO A POINT 306.92 FEET NORTHERLY OF THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE OF SAID NORTHWEST QUARTER 238 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID WEST LINE 183.02 FEET TO A POINT 123.90 FEET NORTHERLY OF THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE EASTERLY PARALLEL WITH SAID SOUTH LINE OF SAID NORTHWEST QUARTER 822 FEET; THENCE NORTHERLY PARALLEL WITH TNE WEST LlNE OF SAID NORTHWEST QUARTER 367.63 FEET TOT HE SOUTH LINE OF THE NORTH 25 ACRES OF THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER OF SECTION 8; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID 25 ACRE TRACT OF LAND 8232 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID WEST FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE SOUTHERLY ALONG SAID WEST LINE OF THE NORTHWEST QUARTER, 16 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WESTERLY 60.00 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT LAND DESCRIBED IN THE CITY OF ANAHEIM RESOLUTION 724-191 RECORDED MAY 23, 1972 IN BOOK 10138, PAGE 544, OFFICIAL RECORDS OF SAID COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN INSTRUMENT RECORDED FEBRUARY 15, 1961 IN BOOK 5630, PAGE 618, OFFICIAL RECORDS OF SAID COUNTY. CR5165PK.doc -1- PC2001-111 • • TOGETHER WITH THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED JUNE 24, 1959 IN BOOK 4772, PAGE 191 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE S. 0 DEGREES 35' 50" E., 35.00 FEET ALONG THE WEST LINE OF SAID LAND; THENCE N. 89 DEGREES 57' 10" E., 54.74 FEET PARALLEL WITH THE NORTH LINE OF SAID LAND TO A LINE PARALLEL WITH AND NORTHWESTERLY 70.00 FEET FROM THE SOUTHEASTERLY LINE OF SAID LAND; THENCE N. 71 DEGREES 01' 05" E., 107.86 FEET ALONG PARALLEL LINE OT THE fVORTH LINE OF SAID LAND; THENCE S. 89 DEGREES 57' 10" W., 157.10 FEET ALONG SAID NORTH LINE TO THE PINT OF BEGINNING, AS DESCRIBED AS PARCEL NO, 803-1 IN THE DEED TO THE CITY OF ANAHEIM RECORDED MARCH 13, 1962 IN BOOK 6037 PAGE 504 OFFICIAL RECORDS. EXCEPT THEREFROM THE WESTERLY 30.00 FEET THEREOF. WHE~2EAS, tk~~ ~ity PlaFlning Eomm4ssion did-hold a public heaFiRg at ~~te Civic Center - in the City of Anaheim on August 13, 2001 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 Anaheim Municipal Code Sections 18.55.044 and 18.55.0442.040 to permit a dry cleaners. 2. That the proposed use, which is focated in the CL(BCC) "Commercial, Limited - Brookhurst Commercial Corridor Overlay" zone and in the Brookhurst Commercial Corridor Redevelopment Project Area, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site for the propased use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. 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 tra~c in the area. 5. That granting this conditional 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. 6. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. -2- PC2001-111 ~J • CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative 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 the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry 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 the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That three (3) foot high street address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 2. That no pay telephone shall be located outside the tenant space. 3. That signage for subject facility 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 review and approval by the Planning Commission as a"Reports and Recommendations" item. 4. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. __ 5. That any roof-mounted_equipment shall__be fully screened-from-th~ public rights-of-way and - surrounding properties in a manner compatible with the architecture of the building. Said information shall be specifically shown on plans submitted for building permits. 6. 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 to 5, and as conditioned herein. 7. Proposed Condition No. 7 was deleted at the August 13, 2001 Planning Commission public hearing. 8. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs flrst, Condition Nos. 1 and 5, above-mentioned, 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. 9. That the approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning CommissiQn do~~ here~y find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with 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 null and void. -3- PC2001-111 ~ ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 13, 2001. p ERSON, ANAHEIM CITY PLANNIIVG COMMISSION ATTEST: SE RETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. ClTY OF ANAHEIM ) I, Eleanor Fernandes, 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 Planning Commission held on August 13, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: CO-MMISSION-ERS: BO--Y-D~TUN- - IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of 6 , 2001. .~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-111