Resolution-PC 94-15RESOI.UTIQN NO P -1
A RESULUTIQN UF 7HE ANAHEIM CITY PIANNING COMMISSION
7HA7 PETITIOIJ FOR CONDITIONAL USE PERMIT N0. 3659 BE GRANTED
WHEREAS, the Anahefm City Planning Cor~ ~nission did receiva a verified Petition for
Condltion~l Use Permit far certaln roal property situatod In the City of Anahelm, County of Orange, State
of Californla, dusarfbed aa;
PARCeL 1: THA7 PORTION OF THE NORTHEAST QUARTER OF THE
NORTHEAST ~UAR'I'ER OF SECTION 19, TOW~JSHIP 4 SOUTH, I~ANGE 10
WEST, SAN BERNARDINU MERII~IAN, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OP C~ILIFORNIA, DESCRIBED AS FOLLOWS:
f3EGINNING AT A PQINT IN THE EAST LINE C7F SAID SEGTION 19. SOUTH 0
DEG. 27 MINUTES WEST 230 ~EEf FROM THE NORTHEAST CORNER OF SAID
SECTICN 19, SAID POINT ALSO BEING THE NORTHEAST CORNER OF T'rIE
ll~~l~ [~ESCRIBED IN THF DEED TO EARL. SINGLETON AND WIFE, RECORDED
MAY 16, 1949 IN BOOK 1t343, PAGE 420, OF OFFICIAL RECOR~S; T~iENCE
FRQM SQID POINT OF BEGINNING SOUTH 0 DEGREES 27 MINUTEu WEST
ALUNG SAID EAST LINE 120 FEET; THENCE S~JUTH 89 D~GREES 54 MINUTES
40 SECONDS WEST, PARALLEL T4 THE NORTH LINE OF SAID SECTION 19,
175 FEET TO A POlN7 IN THE WEST LINE OF SAID LAND CONVtYED TO
SINGI.ETON ANQ WIFE; THENCE NORTH 0 DEGREES 27 MINUTES EAST
ALONG THE W~~T LINE OF SAID IAND CnNVEYED TO SINGLETON AND WIFE,
120 FEET TO THE NOFiTHWEST COFlNER THEREOF; TI-IENCE IVORTH 89
DEGREES 5~t MINUTES 40 SECUNDS EAST AI.ONG THE NORTIi I.INE OF SAID
LAND CONVEYED TO SINGLE''ON AND WIFE, 175 FEET TO THE POINT OF
BEGINNING.
WHFREAS, the City Planning Commission clfd hold a put~lic hearing ~it the Clvic Center
in tho City of Anaheim on February 7, 1394 at 1:30 p.m„ notlce of said public hearing having been duly
c~iven as roqu!red by law and fn accordance with the provisions of the Analieim Municfpal Code, Chepter
18.03, to hear and consider evidence tor and against said proposeci conctitional i~se perrnit and to
inv~stigate and make findings and recommendations in conne~tion therewith; and
WHEREAS, said Cnmmission, after due inspection, invostigation and study made by Itseif
and In its behalf, and aftor due cnnsfderation of all evidence and reports offered et said hearing, does flnd
and determino the followin~ fects;
1. That the proposed use Is pmperly ~ne tor which a conditional use permit is auth~rized by
Analie(m Municfpal Code Sectfon 1f1.44.050.195 to perrnn the expansion of an existing market/grocery
store;
2. Tt~at 4he proposed use is consistent with the Anahe(m General P~an and the F3rookhurst
Commercial Corridor Redevelopment Plan;
3, 7hat the proposed use will not edvorsely affoct tha adjoining land uses and the growth and
development of the area In which it is proposed to be located;
_~ _ PC94-15
CN200&MS.wp
4. That th9 siie and shape of tho site f~r tha proposed use is adequate to allow the full
dovolopment of the proposed use in a manner not detrimental ta the particular area nor to tho peace,
hoalth, safety, and general welfare;
5. That the traffic generated by the proposed uso will not impo~e an undue burden upon the
stroets and highways dosigned and (mproved to carry the tra(fic (n the area;
6. That the granting of tho conditlon2l uso parmit under the aonditians imposed will not be
delrimental to the peace, heaith, safety and genQral welfaro of the oit!zens of the City of Anaheim; and
7. That na one Indicated thelr presence at said public hearing in oppositlon; and that no
correspondence was received In oppositlon to tho subJer,t potftion.
A I NI VIRONMFN7A~ ~UALITY ACT FIND{~: That the Anaheim City Planning
Commission has reviowod tho proposal to permft the expanslon of an exlsting market/grocery store on
a rectangulariy-shaped parcel of land consisting of approxfmately 0.31 acre, havinfl a frontage of
npproximately 115 feot on the west side of Broakhurst Streot, being located ~pproximately 280 feet south
of the centoNfne of Ball Road and further roferred to as 1217 South Brool<hurst ~treet (Altayebat Market);
and doe~ hereby approve the Nagative Doclaration upon finding that the deciaration reflects the
indepondent judgement of the lend agency and that it has consideretJ tho Nogative Declaratlon together
wltl~ any comments recefvdd durfng the public roview process and further finding on the basis of the initial
sludy and any comm9nts recelved that there is no substantlal evidence that the project wlll have a
slgnfficant effect on the envlronment.
NOW, 7HEREFORE, BE IT RESOLVED that tho Anahelm Cfty Plannin4 Commission does
hereby grant sub~ect Petitfon for C~nditlonal Use Permit, upon the followinp cond(tions which are hereby
lound to be a nece5sary prerequisfte to the proposed use ~f the sub~ect property In order to preserve the
safety and general welfare of the Citfzens of the Cfcy of Anahoim:
1, That there shall be no sales of alcoholic beverages permitted on-site.
2, Th~t all existfng Ccide v~olations shali be rectified to the satisfactinn of the Code Entorcoment Div(sian.
3. That prior to commencement of activfty ai~thorized by this resolutfon, the construction AuthorizQd
under Variance No. 4214 (storage shed end block well) shall be completed and the building pormit
for such construction finaled.
A. That trash storage ereas shal( be provided and maintalned fn a locatiun acceptable to the Department
of Maintonance and In accordance with approvod plans on ffle wfth sfaid Department. Such
fnformation shall be specifically shown on the plans submftted for building permits.
5. That a plan a~~oci ior solid waste storage and collection, and a plan for recycling shail be submitted
to the Department oF Maintenance for review and approval.
G. That an unsubordfnated recipracal access and parking agreement (between sub~ect property and the
adjacent property to the south), in a torm satisiactory to the Cfty Attorney, shall be recorded with the
Office of the Orange Counry Recorder. A copy of the recorded egreement shail be submitted 4o the
Zoning Division.
7. That p~Ans ;;hal( be submitted to the Cfty Traffic and Transportatfon Manager for his revlew and
approval sliowing contormance ~Nnh the latest revislons of Engineering Standard Plan Nos. 496 and
602 pertaining to parking standards und driveway locations (includfnp on-site veh(cle cfrculation).
Subject property shall thereupon be developeci ~nd malntained in conformanco with said plans.
_2_ PC94-15
~, That lhe devoloper shall submft a Water Ouality Managoment Plan (WnMP} spocifically (dentifyin~
managernent prectices that wlli be used on-site to control prediciable pollutants irom stormwater
n~noff. Tho WoMP sh~ll be submittt~d to the PuWic Works Depa~tment, uubtlNision Se~tion, (or
rev(ow and approval prior ta issuance oi a building pArmit.
9, That the legal property owner shall submR evidRnce to the Public Works Department, Subciivislon
Scction, that sublect property is e lepal parcels in conformance with the 3ubdivisian Map Act. If R
Is determin~d that the property was conveyod In violatlon ol the MAp Act, ihe logal property owner
shall submft an application for a certiticate of compllance. The certiflcation oF compliance, if requfrecl,
ahali be recorded prfor to issuance of a buitcii~{~ permit.
10. 7hat the owner of subject pro ~^rty shall subrnft a latter requesttng terminatlon oi Varlance No. 1 t 54
(permitting the sale and consumption of boc~r and wina) to the Zonfnfl Division.
tt. lnat sub)ect property shall be developed substanttally in accordance wMh ~lans and spocif(cattons
submitted to tho Cfty of Anahotm by the petitior,er and which plans are on file with tho Planning
Oepartment marked Exhiblt Nos. t and 2.
12. That prior tU issuance of a buNding permft, or prior to commencement of activity ~ulhorfzed by this
rdsolution, or wfthtn a porlod oi ono (1) year irom the date ai this resdution, whichaver occurs tirst,
Conditfon Nos. 2, 4, 5, B. 7. ~J. 9 and 'A, above•mentfoned, shall be complieci whh. Extensions tor
further tirt~e to c,bmptete satd conditiona may bR grantecl In accordance with Section 8.03.090 0} the
Anaheim Municipal Code.
13. That prior to final building and zoning in3~ectlons, Corxlition No. 1 t, alwve-mentloned, shal~ bo
compllHd wrih.
t~. 7hat sub(ect use prarmtt is grentEi lor a pe-IorS ot ihree (3) yaars and seven ('7) months to oxplre on
September 30, 1997; provided, however, that time extenalons ~nay bo scHig: t in c4n~ec1lon with
Plann(ng Cor-mission pub~~c hearings.
15. That approvai ot this applfcation •stitutes apprrnral of the propn~. rc~quQSt only to the oxterrt it~at
N compttes with the Anaheim Mu •,+I Zoning Ccxfe and any ather applicable City, State and Fcxleral
regulatlons. Apprwal docsa not ~~ xfe any actbn or Ilixfings as ta rnmpliartr~+ or approval oi the
request rag~rding arry c~ther appicat~e ordinance, reyulation cx roquirement.
BE IT FURTHER RESGLV~D Ihat the Anahelm Clry Pk~nninq Commissfon ~tces her~bY Ifnd
ancf cletermine ihat adoptfon of thls Resolutfon fs exprc~ssly predicated upon applicssnt's cortipllance with
each aixf all of the condilbna hereinabove set fonh. Shadd arry such condition, or any part thareot, bo
declared invalkf a unanforcenWo tn+ tho finai ~udgmarn oS ony couR ut compo:urn ~uriaclletion, then ~his
Res;~lulion, c~rxt any approvats hare!n conc~Uted. sheN be deemHd null and void.
TFSE ~ORC(301N(i R~SOLUI1UN was adopted at the Ptanning Commfasfon meetiny of
Felxuary 7, 1U4Y1.
i '; ~"~ .
FIAIhMAN ANAF{EIM CITY, NNIN(i COMMI~SION
At7EST:
s~~~ ./i ~~~ , ~~ Z% ~Ci~~'IZ[_~
SE(.'NETD.Rti~ NAH~~M CITY PIANIi!NCi COMMI3SION
.3, PC~34-15
i•9'ti\
r
S~'; ATE OF CALIFORNIA )
tOUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Margarita So~orio, 5scretary nf the Anaheim Gity Planning Commission, do horeby certify
that the forogoing resolution was passed and adopteci at a meeting ai the Anahoim City ?lanning
Commisslon held on Fobruary 7, i994, by the ToHowing vute ot tho members thernof:
AYES: COMMISSIONERS: CALDWELL, HENNINGER, MAYER, MESSE, PERAZA, TAIT
NOES: COMMISSIONERS: NOPIE
ABSENT: COMMISSIONERS: F30YDSTUN
IN WITNE3S WFIE!'EOF, 1 hsve hereunto set my h~nd this J~r~ day df
RMI~ .1f~J4.
~; . . ' ' ~
SECRETARY, HEIM CITY PLANNINC3 CGtiiMISSION
.,~- PC94-i S