Resolution-PC 2003-127~J
RESOLUTION NO. PC2003-127
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4045, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC98-120,
ADOPTED THEREWITH
WHEREAS, on August 3, 1998, the Anaheim City Planning Commission did, by its
Resolution No. PC98-120, grant Conditional Use Permit No. 4045 to permit an outdoor portable food
service use (hot dog cart) in conjunction with a permitted retail store (Home Depot) at 800 North
Brookhurst Street; and that said resolution includes the following condition of approval:
1. That this use permit shall expire five (5) years from the date of this resolution, on
August 3, 2003.
WHEREAS, the property is developed with a 130,707 square foot retail home improvement
store; that the underlying zoning is CL(BCC) (Commercial, Limited - Brookhurst Commercial Corridor
Overlay); that the Anaheim General Plan land use designation is General Commercial; and that the
property is located in the West Anaheim Commercial Corridors Redevelopment Project Area; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to
retain the outdoor portable food service use (hot dog cart) in conjunction with a permitted retail store
pursuant to Code Section 18.03.093 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 8, 2003, 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 amendment 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 use, as proposed to be amended, is properly one for which a conditional use
permit is authorized by the Zoning Code.
2. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, as evidenced by the absence of Code Enforcement
complaints; and that the use, as proposed to be amended, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located.
3. That the size and shape of the site for the use, as proposed to be amended, is adequate
to allow full development of the use 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 use, as proposed to be amended, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That granting this reinstatement, 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 this conditional use permit is being exercised in a manner not detrimental to the
pa~ticular area and surrounding land uses, nor to the public peace, health, safety and general welfare;
that it has operated in substantially the same manner as originally approved by the Planning Commission;
Tracking No. CUP2003-04749
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and that Code Enforcement staff has inspected the premises and determined that the facility is in
compliance with all applicable conditions of approval.
7. That deletion of the time limitation is necessary to permit reasonable operation of the use
under the conditional use permit as originally granted.
8. That there have been no changes to the applicable zoning standards that would
invalidate the findings that were the basis for the original approval of this conditional use permit.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
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 the Anaheim City Planning Commission does
hereby reinstate and approve Conditional Use Permit No. 4045 to retain an outdoor portable food service
use (hot dog cart) in conjunction with a permitted retail store without a time limitation; and
BE IT FURTHER RESOLVED, that Condition No. 1 pertaining to the 5-year time limitation
is hereby deleted; and that the conditions of approval in Resolution No. PC98-120, adopted in connection
with Conditional Use Permit No. 4045, are hereby amended, in their entirety, to read as follows:
1. That only one (1) hot dog cart shall be permitted; and that no accessory equipment, displays or
freestanding accessories shall be permitted in conjunction with this approval.
2. That no signs advertising this food service, other than signs affixed to the cart, shall be permitted.
3. That the subject property shall be developed and maintained 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.
4. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 8, 2003. ~
ERSON,~EIM CITY PLANNING COMMISSION
ATT
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Pat Chandler, Senior 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 September 8, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
VACANCY: COMMISSIONERS:
IN WITNESS WHE
, 2003.
BOSTWICK, EASTMAN, FLORES, ROMERO, VANDERBILT
NONE
O'CONNELL
ONE SEAT
REOF, I have hereunto set my hand this ~ day of
R SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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