Resolution-PC 2001-156~
RESOLUTION NO. PC2001-156
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04456 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:
PARCEL A:
THAT PORTION OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN
THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS 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 A SPIKE ON THE CENTERLINE OF LEMON STREET, NORTH
0 DEGREES 23' 00" WEST 509.55 FEET FROM THE SOUTHWESTERLY
CORNER OF THE LAND DESCRIBED IN THE DEED TO HENRY G. MEISER,
RECORDED APRIL 13, 1926 IN BOOK 636, PAGE 354 OF DEEDS, SAID
SPIKE BEING THE NORTHWESTERLY CORNER OF PARCEL 2, AS SHOWN
ON A MAP FILED l.N. BOOK 14, PAGE 4. QF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH
89 DEGREES 37' 00" EAST 42.90 FEET ALONG THE NORTHERLY LINE OF
SAID PARCEL 2; THENCE SOUTH 2 DEGREES 55' 41" EAST 114.96 FEET TO
A POINT EASTERLY 48.00 FEET, MEASURED AT RIGHT ANGLES FROM
SAID CENTERLINE; THENCE SOUTH 4 DEGREES 57' 26" EAST 125.40 FEET
TO A PONT EASTERLY 58.00 FEET, MEASURED AT RIGHT ANGLES FROM
SAID CENTERLINE; THENCE SOUTH 35 DEGREES 55" 16" EAST 43.01 FEET
TO A POINT EASTERLY 83.00 FEET, MEASURED SAT RIGHT ANGLES
FROM SAID CENTERLINE; THENCE NORTH 89 DEGREES 37' 00" EAST
462.00 FEET, AT RiGHT ANGLES FROM SAID CENTERLINE; THENCE
NORTH 89 DEGREES 37' 00" EAST 462.00 FEET, AT RIGHT ANGLES FROM
SAID CENTERLINE; THENCE SOUTH 0 DEGREES 23' 00" EAST 136.00 FEET
PARALLEL WITH SAID CENTERLINE; THENCE SOUTH 28 DEGREES 18' 48"
EAST 111.85 FEET TO THE SOUTHERLY LIEN OF SAID LAND OF MEISER;
THENCE ALONG THE SOUTHERLY AND EASTERLY LINE OF THE LAND
DESCRIBED IN THE DEED TO BETDINE PROPERTIES INCORPORATED,
RECORDED AUGUST 2, 1963 IN BOOK 6659, PAGE 838 OF OFFICIAL
RECORDS, SOUTH 80 DEGREES 13" 59" EAST 381.56 FEET, SOUTH 83
DEGREES 20' 03" EAST 263.53 FEET; SOUTH 84 DEGREES 35' 12" EAST
96.26 FEET AND NORTH 0 DEGREES 24' S6" EAST 109.42 FEET TO THE
CENTER OF SAID SECTION; THEiVCE NORTN 0 DEGREES 25' 30" WEST
922.94 FEET ALONG THE EASTERLY LINE OF SAID LAND OF MEISER TO
THE NORTHEAST CORNER OF SAID LAND, SAID NORTHEAST CORNER
BEING SOUTH 0 DEGREES 25' 30" EAST, 905.00 FEET FROM A LEAD AND
TACK IN THE PAVEMENT ON THE CENTERLINE OF ORANGETHORPE
AVENUE, AND ON A STRAIGHT LINE BETWEEN SAID LEAD AND TACK AND
A 3-INCH IRON PIPE WHICH MARKS THE SOUTHEASTERLY CORNER OF
SAID LAND OF MEISER; THENCE ALONG THE NORTHERLY LINE OF SAID
LAND OF MEISER SOUTH 89 DEGREES 42' 40" WEST 962.66 FEET, SOUTH
0' 25' 30" EAST 8.00 FEET AND SOUTH 89 DEGREES 42' 40" WEST 366.90
FEET TO THE NORTHWESTERLY CORNER OF SAlD LAND OF MEISER,
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SAID NORTHWESTERLY CORNER BEING SOUTH 0 DEGREES 23' 00" EAST
913.00 FEET FROM A BOLT ON SAID CENTERLINE OF ORANGETHORPE
AVENUE, WHICH MARKS THE NORTHWEST CORNER OF THE EAST HALF
OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 0
DEGREES 23' 00" EAST 407.58 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THERE OF LYING SOUTHERLY AND WESTERLY
OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT SAID POINT NORTH 0 DEGREES 23' 00" WEST 509.55 FEET
FROM SAID SOUTHWESTERLY CORNER; THENCE NORTH 0 DEGREES 24'
00" EAST 65.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE
ALONG THE NORTHERLY AND EASTERLY LINES OF THE LAND
DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED
JULY 22, 1957 IN BOOK 3980, PAGE 191 OF OFFICIAL RECORDS; SOUTH
89 DEGREES 36' 00" EAST 50.00 FEET; THENCE SOUTH 2 DEGREES 08' 42"
EAST 180.18 FEET AND SOUTH 8 DEGREES 28' 50" EAST 161.94 FE~T TO
THE MOST SOUTHERLY CORNER OF SAID LAND OF THE STATE.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 5, 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 Section 18.03.030.010 to establish a mobile food concession cart outside an
existing home improvement center (Lowe's).
2. That the proposed use is an unlisted use which is similar to, and compatible with, the
uses permitted or conditionally permitted (the Lowe's Home Improvement Center) in the underlying
pending CL "Commercial, Limited" zone (the ordinance rezoning the property was introduced on October
23, 2001) and, therefore, the proposed use is deemed to be an conditionally permitted use in the CL
zone.
3. That the proposed use will not adversely affect the 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 full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
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 the 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.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
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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 11, 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 fhe 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 the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. Proposed Condition No. 1 was deleted at the Planning Commission public hearing.
2. That the operator of the concession cart shall maintain the area immediately surrounding the cart in a
clean and orderly manner; and shall provide a minimum of one (1) trash receptacle which shall, on a
regular basis, be emptied.
3. That the concession cart operator shall obtain a City of Anaheim business license and an appropriate
Orange County health permit.
4. That the property under the control of this business operator shall be permanently maintained in an
orderly fashion through the provision of regular removal of trash or debris, and removal of graffiti
within twenty four (24) hours from time of occurrence.
5. That no temporary or permanent advertising devices, other than those attached to the hot dog cart,
shall be permitted for this business.
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 No. 1, and as conditioned herein.
7. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a
building permit, or within a period of one (1) year from the date of this resolution, whichever occurs
first, Condition Nos. 3 and 6, 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.
8. That 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 Commission does hereby
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
Ftesolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 5, 2001.
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CHAIR SON, ANAHEI ITY PLANNING COMMISSION
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ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY 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 November 5, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this y T~ day of
~ e ee.w~be.r , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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