Resolution-PC 2009-003RESOLUTION NO. PC2009-003
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, CLASS 1 AND
APPROVING CONDITIONAL USE PERMIT N0.2008-05377
(1440 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2008-05377 to permit a tattoo and body piercing
establishment on 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, the property proposed for the tattoo and body piercing establishment
is developed with an indoor commercial marketplace located in the General Commercial (C-G)
zone, and the Anaheim General Plan designates this property for General Commercial land uses;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 5, 2009, 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 the Anaheim
Municipal Code, Chapter 18.60, to hoar and consider evidence for and against said proposed
conditional use permit and to investigate and make findings and recommendations in connection
Cherewith; 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 request to permit a tattoo and body piercing establishment in the General
Commercial (C-G) zone is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.08.030.040.0402 (Personal Services-Restricted).
2. That the tattoo and body piercing establishment would not adversely affect the
adjoining land uses or the growth and development of the area in which iC is proposed to be
located because all activities would occur inside the building.
3. That the size and shape of the site for the tattoo and body piercing establishment
is adequate to allow the full development of the proposed use in a manner not detrimental to the
particular area nor to Che health, safety and general welfare of the public because all activities
would be limited to the inside of the building and the building was designed to contain numeraus
similar small businesses.
4. That the traffic generated by the tattoo and body piercing establishment would not
impose an undue burden upon the streets and highways designed and improved to carry the
traffic in the area because adequate parking is provided on-site.
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5. That the granting of the conditional use permit under the conditions imposed will
not be detrimental to the health and safety of the citizens of the City of Anaheim.
6. That no persons indicated their presence at said public hearing in apposition; and
that no correspondence was received in opposition to the subject petition.
WHEREAS, the proposed project falls within Che definition of Categorical
Exemptions, Section 15303, 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 specified does hereby approve Conditional Use Permit
No. 2008-05377 subject to conditions of approval described in Exhibit "B" attached hereto and
incorporated by this reference, which conditions are hereby found to be a necessary prerequisite
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 1T FURTHER RESOLVED that this permit is approved without limitations
on the durakion of the use. Amendments, modifications and revocations of this permit maybe
processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and
18.60.200 (City-Initiated 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 he deemed null and void.
BE IT FURTHER RESOLVED that Che 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 of required
permits or the revocation of the approval of this application.
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THE FOREGOING RESOLUTION was .adopted aC the Planning Commission
meeting of January 5, 2009. Said resolution is subjecC to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
ATTEST:
SENIOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIIv1 )
r
CHAIRMA , A AHEIM PLA NING COMMISSION
PLANNING COMMISSION
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 January 5, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONER: NONE
IN WITNESS WHEREOF,1
January, 2009.
hereunto set my hand thisc_.f~ day of
SENIOR ~ECRE`~'ARI~; ANAHEIM PLANNING COMMISSION
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EXHIBYT "A"
CONDITIONAL USE PERNIIT N0.2008-05377
CERRITOS AVENUE
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° 4° 11° Source Recorded Trart Maps and/or City GIS.
Please note [he accuracy is +/- two to five fee[,
EXHIBIT "B"
CONDITIONAL USE PERMIT N0.2008-05377
RESPONSIBLE
NO. CONDITIONS OF APPROVAL FOR
MONITORING
PRIOR TR FINAL ~UILDINGAND ZONING INSPEC~'IONS, OR ONE (~} YEAR
FROM THE DATE OF THI5 RESOLUTION, WHICHEVER OCCURS FIRST
1 That subject property shall be developed substantially in Planning
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.
:GENERAL CONDITIONS
2 That signs advertising subject business shall not be Planning
displayed outside of the building.
3 That approval of this application constitutes approval of Planning
the proposed request only to the extent that it complies
with the Anaheim Municipal Zoning Code and any ether
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.
4 That extensions for further time to complete conditions of Planning
.approval maybe granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
5 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 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.
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