Resolution-PC 2006-14~ •
RESOLUTION NO. PC2006-14
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05056 BE GRANTED
(221 SOUTH MAGNOLIA AVENUE, SUtTE G)
WHEREAS, the Anaheim 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 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A MAP FILED IN BOOK 249; PAGES 45 AND 46 OF PARCEL MAPS,
RECORDS OF SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at fhe Civic Center in the
City of Anaheim on January 23, 2006, at 2:30 p.m., notice of said public hearing having been duly given as ~
required by law and in accordance with the provisions of #he Anaheim Municipal Code, Chapter 18.60, 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 expansion of an existing legally non-conforming convenience market into
an adjacent tenant space is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section 18.08.030.040.0402.
2. 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 because the expansion of an existing legal
nonconforming convenience market into an adjacent tenant space will not have a negative impact on the
surrounding area;
3. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimenta! to the particular area nor to the health and
safety as the proposed expansion of the existing legal nonconforming convenience market into an adjacent
tenant space would comply with all provisions of the Zoning Code and would not require any waivers for
development; and
4. That the traffic generated by the proposed expansion of a convenience market will not
impose an undue burden upon the streets and highways designed and improved to carry the traffic in the
area because the site contains adequate circulation and parking for customer vehicles entirely on the
property.
5. That the granting of this conditional use permit will not, under the conditions imposed, be
detrimental to the health and safety of the citizens of the City of Anaheim.
6. A person spoke and submitted a letter with concerns pertaining to the subject business and
commercial center. That no one indicated their presence at said public hearing in opposition; and that no
correspor~dence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Commission
concurs with staff's determination that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is, _
therefore, exempt from the requirement to prepare additional environmental documentation.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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
health and safety of the Citizens of the City of Anaheim:
1. That this establishment shall be operated as a convenience store as defined in Section
18.36.040.030 of the Anaheim Municipal Code.
2. That no outdoor vending machines shall be permitted on the property that is visible to the public right-
of-way.
3. That all fixtures, displays, merchandise and other materials in excess of three feet in height shall be
setback'a minimum of three (3) feet from all window areas. Said information shall be specifically
showrron planssubmitted for building permits.
4. That signs on the inside of the subject tenant space windows shall obscure no more than ten percent
(10%) of the total transparent area of any window surface. No signs sh811 be allOWed OI1 the outside
of any windows. Said information shal.l be specifically shown on plans submitted for building permits.
5. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
6. That there shall be no outdoor storage permitted on the premises.
7. That all trash generated from this market and commercial retail center shall be properly contained in
trash bins located within approved trash enclosures. 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.
8. That the trash enc(osure shall be refurbished and the latch on the trash enclosure gates replaced.
Said information shall be specifically shown on plans submitted for Streets and Sanitation Division
approvaL
9. That all trash generated from the commercial retail center shall be properly contained in trash bins
located wifhin approved trash enclosures.
10. That roof-mounted equipment shall be screened from view in accordance wit the requirements of
Anaheim Municipal Code Section 18.38.170 pertaining to the C-G (General Commercial) Zone. Said
information shall be specifically shown on plans submitted for building permits.
11. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
12. That the parking iot shall be maintained in good condition free of trash and debris.
13. That four (4) foot high street address numbers shall be disp(ayed on the roof of the main building in a
contrasting color to the roof material. The numbers shall not be visible to adjacent streets or
properties. Said information shall be specifically shown on plans submitted to the Police
Department, Community Services Division, for review and approvaL
14. 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 and 2, and as conditioned herein.
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15. 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. 3, 4, 8, 10, and 13 above mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in accordance
with Section 18.60.170 of the Anaheim Municipal Code.
16. That prior to final building and zoning inspections,` Condition Nos. 2 and 14, above mentioned, shall
be complied with. Extensions for further time to complete said conditions maybe granted in
accordance with Section 18.60.170 of the Anaheim Municipal Code.
17. Thaf 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 of findings as to compliance of the request
regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the AnaheimPlanning 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:
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to #he processing of this discretionary case application within 15 days of tfie issuance of the final invoice or
prior to'#he issuance of building permits for this project, whichever occurs first: Failure topay 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
January 23, 2006.' Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to ap I procedures and may be replaced
by a City Council Resolution in the event of an appeaL ~
CHAIRMAN, AHEIM PLANNING COMMISSION
ATTEST:
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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 January 23, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this !~ day of
r , 2006.
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SENIOR SECRETARY, ANAHEIM PLANNINGCOMMISSION
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