Resolution-PC 96-85~ ~
RESOLU710N NQ.~C9~
A RESOLUTION OF 7HE ANP.HEIM CITY PLANNING COMMISSION
THAT PEfITIOt~ FOR ~NDlTIONAL USE PERMIT N0. 3859 BE GRA.'~ITED
WHEREAS, the Anahelm Cfty Planning Commfssion did receh~e a verified Petftfon for
Corxiftionai Use PeRnft for cert~iln real property situated in the City of Anahelm, County o# Orange, State of
Califomia, desc~ibed as:
1'ARCEL 4 OF PARCEL MAP NO. 86~33 ACCORDING TO li MAP THEREFORE
FILED IN BOOK 222, PAGES 37 TO 41 IN(:LUSIVE OF PARCEL MAPS, RECORDS
OF SAID ORANGE COUNTY, Mc~RE FARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CARNER OF SAID PARCFL, SAID CORNER
BEING IN A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 561.00 FEET,
A fiADIAL L1NE TO SAID CARNER BEING SOUTH 6 DEGREES, 44' 34' EAST;
THENCE I~4RTHEASTERLY ALONG SAI~ CURVETHROUGH A CEPJTRALANGLE
20 DEGFt~ES, 23' Ot' AN ARC DISTANCE OF 199.58 FEET TO THE BEGINNING
OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RA.~IUS OF
35~.00 FEET, A RADIAL LJNE T0~ SAID CURVE BEING SOUTH 27 DEG. 07' 35'
EAST; THENCE SOUTHEASTERLIr' ALONG SPJD CURVE THROUGH A CENTRAL
ANGLE flF 88 DEG. 03' 12' AN ARC DISTANCE OF 53.79 FEET TO A P~INT OF
TANGENCY IN THE NORTHEASTERLY LJNE OF SAID PARC~L; THL=NCE SOUTH
29 DEG. 04' 23' EAST ALONG SAID UNE 261.75 FEET; THENCE SOUTH 73 DEG.
20' 38` WEST 349.14 FEET TO T!-IE BEGINNING OF A NON TANGENT CURVE
CaNGAVE EASTERLY HAVING A RADIUS OF 67.00 FEET, A RADIAL IJNE TO
SAID CURVE BEING SOUTF'i 73 DEG. 44' 21' EAST; THENCE SOUTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGIF OF 24 DEG. 39' 00' AN ARC
DISTANGE OF 28.83 FEET, THENCE TANGENT TO SAID CURVE, SOUTH 8 DEG.
23' 21' EAST 166.77 FEET TO A POIN'i' IN THE NORTHERI_Y LJNE OF PARCEL'C
OF SAID MAP; THENCE SOl3iY £~1 DEG., 36' 39' WEST, ALONG SAID
NORTHERLY UNE 46.00 FEET; THENCE NORTH 8 DEG. 23' 21' WEST 166.T7
FEET; THENCE NORTH 81 DEG. 36' 39' EAST 23.00 FEET TO TNE BEGINNING
OF A CURVE CONCAVE EASTERLY HAVIN~a A RADIUS OF 90.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE. THROUGH A CENTRAL ANGLE OF 74
DEG. 13' 39' AN AHC DISTANCC OF 116.60 FEEf; THENCE NORTH 65 DEG. 50'
18' EAST, TANGENT TO SAID CURVE 39.10 FEET; THENCE NORTH 24 DEG. 09'
42' WEST 225.56 FE~ TO THE POINT OF BEGINNINCz. TOGF.THER WITH
PARCEL'C AS SHOWN ON SAID PARCEL MAP.
1NHEREAS, the City Planning Commisslon dk! hold a public hearing at the Civ~ CeMer in
the City of Anaheim on August 19, 1996 at 1:30 p.m., noiice d sald public hearing having bean duly gfven
as required by law and in sccordance with the prov~sior~s of the Anahe~m Munkipal Code, Chapter 18.03,
to hear and conside~ avldance for ar~ against sa~d p-oposed c~ndft~onal use PermK and t~ irnestlgate and
make flndings and recommerxlatlons In connection therew~th; ard
WHERFAS, sald Commisslon, akor due Inspection, investigation arxi study rnede by Itself
a.rxl In Its behalf, and after due consideratfon of all evidence and reports offered at safd hearln9, do~'And
and determine the fdlowfng taccs:
1, That the proposed use is propecly one for which a c~ndiUonal use peRnft is autho~iZed by
Anaheim Municlpal ~.ode Section 18.U3.030.010 to retain two, fully-screened, roaf-mourrted satellfte dfshes
in connec;tton wfth an exl.~ting service station.
That the proposed use Is not Iisted In the Zoning Code as be6ng a permitted srse;
3. That the proposed use wGl not adversely atfect the adjdning land uses and the growth end
developmeM ot the area in whi~h it fs proposed to be located;
CR2717DM.WP -1- PC9S-85
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4. That the size and shape af tha sfte for the proposed use is adec~,s~ate Yo allow ihe full
develoFment of the proposed use in a manner not dbt~imental to the partkuiar area nor to the peace, health,
safery, and generei w~fare because the fuAy-screened satellfte dishes, as shown cxi the approved wchibits
submitted by the petftioner, wR; not be vislble to the suncurxiing properties or to ihe publ~ a~ Weir Canyon
Road arxl Santa Ana Canyon Raad; and, ~ince the satellfte dishes wpl not be vlsible, t6~ere wUl be no impact
to the surrounding nelgFioorhood;
5. That the trafflc generated by the proposed use wNl nat Impoae an undue burden upon the
stree4s arod highvvays deslg~ed and (mproved to carry the~ traffic in th~ area;
6. That the granting of the ~ondRional use permh unc,+er the conditbns imposed, if any, wfll not
be detrimental to the peace, health, safety arxi general weifare ot the ~ft(zens of the City of Anahetm; arx;
7. That indicated their presence at sak! pubHc hearing In oppas.'Uan; and t~et no
coRespondence was received in opposttion to the subjact petftion.
~LIFORNIA ENVIRONMENTAL QUALIT( ACT FINQiNG: The planntng Director's
authorizea rspresenta!ive has determined that the ~xaposed proje ;t falls wkhin the deNnftion of Categoricai
F~cemptions, Clas~ 11, as defined in the State of CalHomia Ernironmentel Impact Report (EIR) u^uideiines
and is, therefore, categorically exempt ftom the requirement to prapare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry Planning Commission ~oes
hereby gram subJect Petftron for Corxiftional Use Permk, upot~ the fdlowing candftions which are here~by ,
found to be a necessary pra,~requlsite to tne proposed use of the subje~ct propa+ty in c~der to preservs the
safety ancl general welfare of the Cftlzens of the Clty of Anaheim:
1. That subject property shall be developed substaMtall~ In accordance wfch plans an~ specfflcstlons
submttted to the Ciry of Anahelm by the petftbner and which plae~ ers on flie with ihe Planninp
DepaRmerrt mar{ced F.xhibit Nos. 1 and 2.
2. That prior to flnal buqding and zonin~ inspectlona or vrithin e perk~ of one (1) year from the dete of
this resolutlan, wh~hevei a.curs flrst, ConcilUon No. 1, above-msr~tioroed, shaA bo compilai wfth.
Extenslons for further time to complete said oonditbns may be graMed In accordance wfth Secticn
18.03.090 cf the Anahelm Municipal Code.
3. That appraval of thls application constkutes apFroval of the {.+.roposed req~~est hnly to the exteM t.h~t
ft com~!(es with tMe Maheim Mun~ipa! Zoning Code and any other applicable City, scace e~d Fede~
regu~atiuns. Approval does not include any actton or ftndings as to compliance or approval oi the
request regarding any other appl~able ordfnance, regulation or requ:re+nerK.
~. That wtthin a period d ninety (~) days trom the date of this resdution, the satellite dishos shali ba
completely acreened end relocated, as spproved herein.
5. That no outside audb advertising of beer and wine p~oducts shall be permitted in conJu:~C.ion wfth the
operation of subject satellfte dishes.
BE 17 FURTHER RESOLVED that the Mahelm Clty Plannin~ Commfsslon does hereby fl~xJ
and deteRnine that adoption of thEs Resolution is expressly pred(csteci upon appl~aM's compl(ance with
each and ail of the condftlona herelnabwe set fath. Should ar~y such c~reditbn, or any paR thereof, be
dedared invalkl or unerrfnrceable by the finel Judgment of any court of c~npeteM JurisdkKlon, then this
Resdution, and any app~ovals herein cor+tained, shail be deemed nuil and vofd.
-2- PC95-85
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TH~ FOREGOING RESOLUTIOPJ was adopted s! the Plan Ing Commissfon meeting of
Aug~st 19~ 1996. ~
~HAIRMAN ANAHEIM Cl PLANNING COMTAISSION
~T~~S7:
LUI~.~-~ ""~"~
- RETARf, a~~~+~: EIM CITY PLANNING COM~dISSION
SEC
STATE OF CALJFI~RNIA )
COUNT'! OF OFtANGE ) ss•
CITY OF ANAHEINi )
I, Margari'~ Sdorio, Sf•cretary of the Anaheim Cfcy Planning Commi~slan, do hereby certify
tha~ the foregoirs~ resolut~on was Passed arxi adopted at a meetin9 of the An~hsfm Lfry P~anning
Com:missiun heid on August !9. 199fi, by the foflowtng vote of the members k'ie~eof:
AYES: COMMISSION~RS: BOSTWICK BOYDSTUN, BRISTOL, liENR~ING~R, MAYER, MESSE
NI~ES: COMMISSIOWcRS: NOhI~
ABSENT: COMMISSIONERS: PERA7J1 I ~~~.
IN WITNESS WHEREOF, I have hereunto :~et mY ibnd this 1 C~~~ day of ~~_r_______
.~ ~ -- ~ .
i
SECRETARY, °FHEIM CITY PLANN~NG COMMISSiOt~!
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PC95-85