Resolution-PC 2005-118~ ~
`'RESOLt1TION N0. PC2005-118
A BESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR'CONDITIONAL USE PERMIT N0. 2005-05000 BE GRANTED
(440 SOUTH ANAHEIM HILLS ROAD -ANAHEIM HILLS PLAZA)
WHEREAS, theAnaheim 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: PARCELS 1, 2, 4 AND 5, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAF FILED IN BOOK 63, PAGE
5 OF PARCEL MAPS, W THE OFFICE OF `THE' COUNTY RECORDER OF ORANGE
COUNTY, CAUFORNIA
PARCEL B: PARCEL 3, AS SHOWN ON A MAP FILED IN BOOK 50, PAGE 43 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL C: APPURTENANT EASEMENT AS SAID EASEMENT ARE SET FORTH 1N
SECTION 3"COMMON AREA" OF THAT- CERTAIN , bECLARATION OF
ESTABLISHMENT OF PROTECTIVE COVENANTS, CONDITIONS AND
RESTRICTIONS AND GRANT OF EASEMENTS RECORDED -0CTOBER 17, 1974 W
BOOK 11266 PAGE 268 OF OFFICIAL RECORDS OF ORANGE COUNTY,
CAUFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 8; 2005, at 2:30 p.m., notice of said hearing having been duly given as required
by law`and in accordance with the provisions of the Anaheim Municipal Code,' Chapter 18.60 "Procedures",
to hear and consider ev'idence for and against said proposed conditional use permit; 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 small market in the existing commercial shopping center is properlyone
for which a conditional use permit is authorized by Anaheim Municipal Code Section Na
18.08.030.040.0402.
2. That the use as a small market would not adversely affect the adjoining land uses and the
growth and deve~opment of the area in which it is located. :
3. That the size and shape of the site for the use is adequate to allow full development of the ~
use in a manner not detrimental to the particular area nor to the health, safety.
4. That the traffic generated by the proposed small market would not impose an undueburden
upon the streets and highways designed and improved to carry the traffic in the area.
5. That granting of 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 said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition. ''
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit the small market in the existing commercial shopping
center and has determined that the project is within the definition of Categorical Exemptions, Class 1,
Section 95301, (Existing Facilities); as defined in the CEQA Guidelines and is, therefore, exempt from the
requirement to prepare additional environmental documentation.
' Cr\PC2005-118 ' -1- PC2005-118
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby granYsubject Petition for Condi4ional UsePermit, upon the following conditions which are hereby :
found to be a necessary prerequisite to the proposed use of the subject property in brder to preserVe #he
health and safety of the Citizens of the City ofAnaheim:
1. That, as stipulated by #he applicant, the hours of operation for the market (including deliveries) shall be
from 7:00 a.m. to 7:00 p.m. daily. '
2. That the juice bar area shall accommodate no more than 10 seats and shall comprise no more than
25% of the gross floor area of the market. Said information shall be specifically shown on plans
submitted for building permits.
3. That no alcoholic beverages shall be sold or consumed on the premises.
4. That all trash generated from this facility shall be properlycontained in trash bin(s) contained within
approved frash enclosure(s). The number of bins shall be adequate and the trash pick-up shall be as
frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. ,
The Community Preservation Division of the Planning Department shall determine the need for
additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up
shall be paid by the business owner.
5. - That the existing trash enclosure gates shall be replaced 'per City Standard.: Said information shall be
specifically shown on plans submitted for Streets and Sanitation Division approvaL
6: That no shopping carts shall be stored outside the market.
7. That no video, electronic or other amusement devices or games shall be permitted in conjunction with
#his market.
8. That no outdoor storage, display or sales of inerchandise of fixtures shall be permitted.
9. That window signs shall not exceed the area allowed by the Sign Code.
_ 10. That the activities occurring in conjunction with the operation of this establishment shall not cause :
noise disturbance to surrounding properties.
11. That there shall be no public telephones on the premises located outside the building.
12. That the business owner shall obtain a valid businesslicense from the Business License Division of
- the Planning Department.
13. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2, 3, and 4; and as conditioned herein.
14. That a Burglar/Robbery Alarm permit application, Form APD 516, and an Emergency Listing Card, '
APD-281 shall be obtained, completed and submitted to the Anaheim Police Department.
15. That no outdoor vending machines shall be permitted.
16. That all fixtures, displays, merchandise and other materials shall be setback a minimum of three (3)
feet from all window areas. Said information shall be specifically shown on plans submitted for building
permits.
17. That rear entrance doors shall be numbered with the same address numbers or suite number of the
business.
18. That 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. 2, 5 and 16; above-mentioned, shall be complied
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with. Extensions for further time to complete said conditions may be granted in accordance with
'Section 18.60.170 of the Anaheim Municipal Code. -
19. That prior to final building and zoning inspections, Condition Nos. 12, 13 and 14, above-mentioned,
shall be complied with.
20. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim MunicipaLZoning 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 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 Resolution,
and any approvals herein contained, shall be'deemed null and void.
AND BE 1T FURTHER RESOLVED that the property owner/developer is responsible for
paying all charges related to the processing of this discretionary case application within 7 days of the
issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this
project, whichever occurs first. Failure to pay all charges shall result in delays in the,'issuance of required
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 8, 2005.:Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures a d ma replaced uncil
Resolution in the event of an appeaL
CHAIRMA , ANANEIM PLANNING COMMISSION
Al'TEST:
~ ~~~~o
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on August 8, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA, PEREZ -
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
tJ ~ , 2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION