Resolution-PC 2008-74RESOLUTION NO. PC2008-74
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION `
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING CONDIT~ONAL USE PERMIT NO. 2008-05329 "~ ~
(2201 WEST LINCOLN AVENIJE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Conditional Use Pennit for a convenience market without alcohol sales on certain real
property situated in the City of Anal~eim, County of Orange, State of California, shown on
Exhibit "A", atCached hereto and i~TCOrporated herein by Ylus reference.
WHEREAS, tlie property is developed with a retaal building IocaYed in the
Commercial-General zone and Broold~urst Coinmercial Corridor Overlay zone and the Anaheim
General Plan designates the property for General Conimercial laiad uses; and
WHEREAS, the Plamiing Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 4, 3008, at 2:30 p.m., notice oF said public hearing
l~aving been dtidy given as required by law and in accordance wiYh the provisions of the Anaheim
Miuiicipal Code, Chapter 18.60, to I~ear and consider evidence for and against said praposed
conditional use pennit and to investigate and rnake findings and recommendations in connection
therewiCl~; and
WHEREAS, said Commission, after due inspection, investigation and shidy made
by itself and in iYs behalf, and after due consideration of all evidence and reports offered at said
hearing, does find and determine Yhe following facts:
That a convenience market in the Commercial-General and Brookhurst
Commercial Corridar Overlay zones is properly one for which a conditional use permit is
auU~orized by .Anaheim Municipal Code Section 18.08.030.010 (Marl<ets - Small).
2. TUaY Che convenience inarket would not adversely affect the s~irro~mding
coinmercial land uses and the growth ajid development of Yhe area in wliich ]t is proposed Co be
located because no expansion to the existing building is proposed.
3. Tl~at the size and shape of the siCe for tlie convenience market is adequate to allow
t13e full developme;it of the proposed use in a manner not detrimental to the parCicular area nor to
tlie health, safety and general welfare of the public because no expansion to the existing building
is proposed.
4. Tl~at the traffic generated by tlie use of the property as a convenience marlcet
witUin a commercial retail center will not impose an undue burden ~ipo~a tlie streeCs and higliways
desigiied and improved to carry the traffic in tlle area because tl~e business requiras no more
parking tlian any other reGail uses and;
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5. That fhe granting of the conditional use permit iuider Che conditions imposed will
not be detrimental to the health and safety of the citizens of the City of Anaheim because no
expansion to Yhe existing b~~ilding is proposed.
6. Tl~at no one indicated flieir presence at said public hearing in opposition; and that
no correspondence was received in opposition to tl~e subject peYition.
WHEREAS, tUe proposed project falls within the definition of Categorical
Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Gt~idelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Plamiing
Commission for Yhe reasons l~ereinabove stated does hereby approve Conditional Use Pern~it No.
2008-05329 snbject to the conditions of approval described in Exliibit `B" attached hereto and
incorporated by this reference wllich are hereby found to be a necessary prerequisite to Ule
proposed use of tl~e subject property in order to preserve the health, safety and general welfare of
the Citizens of Yhe City of Anaheim.
BE IT FURTHEI2 RESOLVED hl~at tliis permit is approved without limitaCions
on tl~e hours of operation or the duration of tlie use. Amendments, modifications and revocations
of this pemiit may be processed in accordai~ce with Chapters t 8.60.190 (Amendment of Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) o£the Anaheim
Mmiicipal Code.
BE IT FURTHER RESOLVED Yhat the Anaheim Planning Commission does
heraby ftnd and determine tl3at adoption of this ResoluYion is expressly predicated upon
applicant`s compliance with each and all of Uie conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceaUle by the final judgment of
any courC of cotnpetent jurisdiction, then this RosoluYion, 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 15 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 delays in the issuance ofrequired permits or Yl~e
revocation of Ylie approval of t]Zis applicarion.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August 4, 2008. Said resolution is subjecY to the appeal provisions set Fortl~ in
Cl~apter 18.60, "Zot~ing Provisions - General" of the Anaheim Mimicipal Code pertaining to ~
appeal procedures and may Ue replaced Uy a City Council Resolution in Yhe event of an appeal.
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CHAIRMAN, NAH IM PLANN MMISSION
A
SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORIVIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Plarming Commission, do
hereby certify Yhat k11e foregoing resolution was passed and adopted aY a meeting of the Anaheim
Plaruiing Commission lield on August 4, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, ICARAICI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have liereunto set my hand this ~`~ ~day oF
A~~gust, 2008.
SECRETARY, ANAHEIM PLANNING COMMISSION
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Exhibit A
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F«, Please noke the accuracy is +/- two to ~ve feet.
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2201 West Lincoln Avenue io~~i
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EXHIBIT "B"
Conditional Use Permit No. 2008-05329
Responsible for
No. Conditions of Approval Monitoring
PRIOR TO ISSUANGE OF A B UILDING PERMIT OR' ONE (I) YEAR FROM THE DATE
OF THIS RESOLUTION, WHICHEVER OCCURS FIRST
1 That all non-coiifomiing signs sliall be removed. Any Pluming
new signs sl~all comply with Code unless a variance is
approved by the Planning Commission or Zoning
Adininistrator.
2 That any monunaent signs shall be located outside of any Planning
siglit distance triangle and the ultimate right-of-way. Said
information shal] Ue sllown on plans submitted for sign
Public Works
pennits.
3 That additional lai~dscaping shall be provided to screen Plaiming
tl~e existi3ig baekflow preventor from public view. Said
information shall Ue shown on plans submitted for
building permits.
4 That rooftop address numbers for the police helicopter Planning Police
shall be painted in a contrasting color to Yhe roofing
matezial. Numbers should be four inches in height and
two incl~es wide.
5 Tl~at the business shall be equipped with an alarm sysYem Police
(silent or audible). Said informatio~i shall be shown on
plans submitted for building permits.
PRIOR TO FINAL B UILDING AND ZONING'INSPEGTION OR COMMENCEMENT OF '
USE, WHICHEVER OCCURS FIRST '
6 That tlie subject property shall be developed substantially Planning
in accordance with the plans and specifications submitted
to the City of Anaheim by the applicant and which plans
are on file with the Planning Aepartment Exhibit Nos. 1
and 3 and as conditioned herein.
7 Tliat tlae business owner shall File Emergency Listing Police
Card, Form APD-281, with the Police Department,
available at the Police DepartmenY front counter.
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8 Tl~at the business owner shall complete a Police
Burglary/Robbery Alarm Permit application, Fonn APD
516, and retum it to tl~e Police DepartmenC prior to inirial
alann activation.
GENERAL CONDITIONS '
9 Ti~at deliveries to tlTe convenience maricet sliall be limited Code Enforcament
to the l~ours between 9 a.m. and 4 p.m.
10 That approval of this application constitutes approval of Planning
flie proposed request only to the extent that it complies
with the Anaheim Municipal Zoning Code and any oYUer
applicable City, State and Federal regulations. Approval
does not include any action or findings as to compliance
or approval of fhe request regarding auy other applicable
ordinance, regnlation or requirement.
11 That extansions for further time to camplete conditions of Planning
approval may be gra~rted in accordance with SecYion
18.60.170 of the Anaheim Muuicipal Code.
12 That timing for compliance with cond'ations of approval Planning
may be amended by the Planning Director upon a
showing of good ca~ise provided (i) equivalent timing is
establisUed that satisfies tlle original intent and purpose of
the condition(s), (ii) tl~e modification complies with Che
Anaheim Municipal Code and (iii) the applicant has
demonstrated siguificant progress toward establishmenY
of the use or approved development.
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