Resolution-PC 2008-118RESOLUTION NO. PC2008-118
A RESOLUTION OF THE ANAHEIM PLANNING COMMISS[ON
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05368
(716 SOUTH BEACH BOULEVARD)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit to permit a small market within an existing tetail bnildiog on
certain real property situated in the City of Anaheim, County of Orange, State of Califomia,
shown on Exhibit "A", attached hereto and incorporated herein by this reference.
WHEREAS, the property proposed For a small market is currently developed with
two retail freestanding rekail buildings located in the General Commercial zone and the Anaheim
General Plan designates this property for Corridor Residential land uses, and
WHEREAS, the Planning Commissipn did hold a public hearing at the Civic
Center in the City of Anaheim on December 8, 2008, at 230 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 18.60, 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 dae 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:
L That a sma11 market in the General Commercial (C-G) zone is properly one far
which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040
(Markets - Small).
2. That the market would not adversely affect the adjoining residential and
commercial land uses and the growth and development of the area in which it is proposed to be
tocated because the property is currently improved with retail structures and uses with no
expansion proposed.
3. That the size and shape of the site is adequate to allow the full development of hhe
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the property is currently improved with retail skructures
and uses with no expansion proposed and there is designated area for loading and unloading.
4. That the traffic generated by the market would not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in"the area because the
number of cars and trucks entering and exiting the site are consistent with a typical retait
business that would be permitted as a matter of right within the General Commerci~l zone.
PC2008-118
5. That no persons indicated their presence at said public hearing in opposition; and
that no correspondence was received in opposition to the subject petition.
WHEREAS, the proposed project falls within the definition oFCategorical
Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is -
therefore, exempt from the requirement to prepare additional environmental documentation.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for
the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2008-05368
subject to the following conditions of approval described in Exhibit "B" attached hereto and
incorporated by this reference which are hereby found to be a necessary prerequisite to the
proposed use of the subject property in order to preserve the health, safery and general welfare of
the Citizens of the City of Aitahe]m.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or the duration of the use. Amendments, modiFcations and revocat~ons
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption oFthis Resolution is expressly predicated upon
applicant's 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 approuals herein contained,
shall be deemed null and void.
BE [T FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within I S days of the
issuance of the Final invoice or prior to the issuance of building permits for this project,
whichever occurs First. Failure to pay all charges shall result in detays 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 December 8, 2008. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code peRaining to
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
CHAIRMAI~ANAFfEIM PLANNfNG COMMISSION
A
SECRETARY, ANAHEIM PLANN[NG COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Madina, Senior Secretary of the Anaheim Ciry Planning Commission, do
hereby certify that the Foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on December 8, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: KARAKI, AGARWAL, FAESSEL, EASTMAN, RAMIREZ,
BUFFA, KOMERQ
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WI1'NESS WHEREOF, I have hereunto set my hand this ~ day of
December, 2008.
SECRETARY, ANA~M PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2008-05368
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05368
Responsible for
No. Conditions of Approval Monitoring
PRIOR TR ISSUAIVCE OFA BUILDING PE~TIOR ONE (1) YEAR FROMTHE DATE '
OF THISRESOLUTION, WHICHEYER OCCURS FIRST
L That plans submitted for building permits shall Planning
demonstrate that the existing wrought iron fence will be
removed. A new fence with a maximum height of three
feet may be proposed.
2 That plans submitted for building permits shall Flanning
demonstrate that additional shrubs and ground cover will
be provided in front of the proposed fence along Beach
Boulevard and within the planters adjacent to the
building.
3 That plans submitted for building permits shall Planning
demonstrate that rooftop address numbers for the police
helicopter shall be painted in a contrasting color to the
Police
roofing material. Numbers should be four inches in
height and lwo inches wide.
4 That plans submitted for building permits shall Police
demonstrate that the business shall be equipped with an
alarm system (silent or audible).
PR70R TO FINAL BUILDING AND ZONING INSPECTION OR COMMENCEMENT OF
CFSE, WHICHET'E`R~~~~ OCCURS` FIRST I
5 That the subject property shall be developed substantialfy Planning
in accordance with the plans and specifications submitted
to khe City of Anaheim by the applicant and which plans
are on file with Che Planning Depariment Exhibit Nos. 1
through 3 and as conditioned herein.
6 That the business owner shali File Emergency Listing Police
Card, Form APD-2$1, with the Police Departmant,
available at the Police Department front counter.
7 That the business owner shall complete a Police
Burglary/Robbery Alarm Permit application, Form APD
516, and rehun it to the Police Depariment prior to initial
alarm activation.
GENER9L CONDITIONS I
8 That approval of this application constitutes approva] of Planning
the proposed req~est only to the extent that it complies
with the Anaheim Municipal Zpning Code and any other
applicable City, State and Federal regulations. Approva]
does not include any action or findings as to compliance
or approval of the request regarding any other applicable
ordinance, regulation or requirement.
9 That extensions for further time to complete conditions of Planning
approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
10 That timing for compliance with conditions of approval Planning
may be amended by the Planning Director upon a
showing of good cause provided (i) equivalent timing is
established that satisfies the original intent and purpose of
the candition(s), (ii) the modification coznplaes with the
Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment
of the use or approved development.
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