Resolution-PC 2008-120RESOLUTION NO. PC2008-120
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION ----
APPROVING A CEQA CATEGORICAL EXEMPTION, CLA9S 1
AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05349
(301 NORTH ANAHEIM BOULEVARD)
WI~EREAS, the Anaheim City Planning Commission did receive a verified
Petition for a Conditional Use Permit to permit the division of an existing three unit commercial
building into a five unit commercial retail center with fewer parking spaces for certain real
property situated in the City of Anaheim, County of Orange, State of California, shown on
Exhibit "A", attached hereto and incorporated herein by this reference.
WHEREAS, this property is cunently developed with a three unit commercial
building within the C-G (General Commercia]) zone, and the Anaheim General Plan designates
this property for Mixed Use land uses; and
WHEREAS, the applicant has requested to permit the division of the existing three
unit commercial building into a five unit commercial building pursuant to Code Section Code
Section 18.08.030 of the Anaheim Municipal Code; and
WHEREAS, the proposed request to permit the division of the three unit
commercial building into a five unit commercial retail center includes a waiver of the following:
(a) SECTION 18.42.040.010 Minimum required pazkine snaces.
(29 spaces required; 20 spaces proposed)
WHEREAS, the Planning Commission 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 "Procedures", 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 Planning 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 above-mentioned waiver, under the conditions imposed wilt not cause
fewer off-street parking spaces to be provided for such use than the number of such spaces
necessary as the applicant indicates that the existing automotive repair facility only demands
approximately two pazking spaces and 18 pazking spaces are needed do serve the retail area.
2. That the waiver, under the conditions imposed, will not increase ttfe demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposal.
3. That the waiver will not increase tra~c congestion within the off-street parking
areas or lots provided for the proposed use because the parking for the adjacent buildings is not
readily accessible from this property and there is no circulation between the subject site and
adjacent properties.
4. That the waiver, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use because driveways and parking areas for the adjacent properties are self- _
contained and separate from the proposed project
5. That the proposed request to permit the division of a three unit commercial
building into five units and establish ]and use conformity for an existing commercial retail center
is properly one for which a conditional use permit is authorized under Code Section
18.10.030.040.0402 (Commercial Retail Centers) of the Anaheim Municipal Code.
6. That the proposal, as conditioned, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located as no new construction is
proposed and the proposed retail uses is consistent with uses on adjacent properties along
Anaheim Boulevard.
7. That the size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area or the health and safety in that
there is no new square footage proposed with this request.
8. That the traffic generated by the use will not impose an undue burden on the
streets and highways designed and improved to carry the traffic in the area since the retail space
is existing and the division of the units by itself does not generate a significant increase in traffic.
9. That granting of the conditional use under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
10. That no persons indicated their presence at the public hearing in opposition; and
that one conespondence was received in opposition to the subject request.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission for the reasons hereinabove stated does hereby approve the proposed Conditional
Use Permit No. 2008-05349 as requested by the applicant.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby approve Conditional Use Permit No. 2008-05349 with f~wer parking spaces than
required by Code subject to the conditions of approval described in Exhibit `B" attached hereto
and incorporated by this reference, which are hereby found to be a necessary prer~quisite to the
proposed use of the subject property in order to preserve the health, safety and general welfare of
the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18:60.190 (Amendment to Permit Approval) and
18.60.200 (City-[nitiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this 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 approvals herein contained,
shall be deemed null and void.
BE IT 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.
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 "Procedures" of the Anaheim Municipal Code pertaining to appe~l procedures and
may be replaced by a City Council Resolution in the event of an appeal. ~
A'
/ ~
SECRETARY, ANAHEIM PLANN[NG COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City 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, ROMERO, RAMIREZ, BUFFA
NOES: COMMISSIONERS:
ABSTAINED: COMMISSIONERS: EASTMAN
ABSENT: COMMISSIONERS:
IN WITNESS WHERF~E, I have hereunto set my hand this 0/~ day of
December, 2008. \ ~
ARY, ANAHEIIGI PLANNING COMMISSION
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EXHIBIT °~A"
CONDITIONAL USE PERMIT NO. 2008-05349
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05349
NO. CONDITIONS OF APPROVAL RESPONSIBLE
FOR
MONITORING
~~NERa F ,
'c+«, , '.. ; fi, ~ r. '-,.. ,.
1 That prior to final and zoning inspecrions or within a period of Planning
one (1) yeaz from the date of this resolution, whichever occurs
first, the 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 No. 1, through No. 2 and
as conditioned herein.
2 That timing for compliance with conditions of approval may be Planning
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 condition(s), (ii) the modification complies
with the Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment of the use or
approved development.
3 That extensions for further time to complete conditions of approval Planning
may be granted in accordance with Section 18.60.1'10 of the
Anaheim Municipal.
4 That approval of this application constitutes approval of the proposed Planning
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 or
findings as to wmpliance or approval of the request regarding any
other applicable ordinance, regulation or requirement.
5 That the property shall be permanently maintained in an orderly Code
fashion by providing regulaz landscape maintenance, removal of trash Enforcement
or debris, and removal of graffiti within twenty-four (24) hours from
time of discovery.
6 That any tree and/or landscaping planted on-site shall be replaced in Planning/ Code
a timely manner in the event that it is removed, damaged, diseased Enforcement
and/or dead.
7 That no outdoor storage shall be permitted. Code
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
FOR . . _
MONITORING
~ ~ Enfor'aement
8 That the business shall designate an employee to monitor the parking Code
lot every 30 minutes during business operating hours for cart Enforcement
retrieval. The operator shall also post signs on the property and label
each individual cart prohibiting the removal of carts from the
, property. This condition is only applicable in the event there is a
tenant that provides shopping carts.
9 That wheel stops shall be properly maintained at all times. Code
Enforcement
10 That rooftop address numbers (minimum four (4) feet in height, two ' Police
(2) feet in width and six (6) inches thick spaced twelve (12) Co
eighteen (18) inches) shall be provided. Said numbers shall be
facing the street to which ffie structure is addressed. Numbers shall
be painted or constructed in a contrasting color.
11 That no outdoor vending machines or public phones shall be Code
; permitted. Enfoxcement
12 That no trespassing signs shall be posted at the entrances of parking Police
lots/structures and other appropriate locations. Signs shall be at least
' 2 feet by one foot with white background and black lettering.
13 That all entrances to pazking areas shall be posted with appropriate Police
signs per 22658(a) C.V. C. to assist removal of vehicles at the
property owner's request.
14 That overhead roll-up doors shall also be secured on the inside so Police
that a lock cannot be defeated from the outside and shall be secured
with a cylinder lock or padlock from the inside.
I S That address numbers shall be positioned so as to be readily readable Police
from the street. Numbers shall be illuminated during hours of
darkness.
16 That the parking lot serving the premises shall be equipped"and Police
maintained with decorative lighting of a minimum 1-foot aandle to
illuminate and make easily discemable the appearance and conduct
of all person on or about the parking ]ot. Said lighting shall be
directed, positioned and shielded in such a manner so as not to
NO. CONDITIONS OF APPROVAL ~ RESPONSI~LE
FOR .
MONITORING
unreasonably illuminate the window areas of nearby residences.
17 That automotive-related activities shall be limited to those in which ' Planning
no cars are left unattended by their owners during service and shall
be conducted only in the service bays and shall not be conducted on
any vehicles parked in required pazking spaces or vehiculaz
circulation azea including drive aisles or service bay aprons.
18 That all smog check-related pax-ts, machinery and materials shall be Planning
stored wholly inside of buildings.
19 That banners shall not be displayed within any vehicle service bays Code
in a manner that is visible to the public right-of-way. Enforcement
20 That gates shall not be installed across any driveway in a manner Planning
which may adversely affect vehicular traffic in the adjacent public
streets.
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