Resolution-PC 2009-064RESOLUTION NO. PC2009-064
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING CONDITIONAL U3E PERMIT NO. 2009-05410
(2445 EAST BALL ROAD)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Pemrit to establish a convenience market in conjunction with an
existing service station on cerCain 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 refere~ce;
WHEREAS, the property is located in the Genera] Commercial (C-G) zone and is
designated for Medium Density Residential land uses in the City of Anaheim General Plan; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on June 22, 2009, 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 Permlt 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 evide~ce and reports offered at said
hearing, does find and determine Che following facts:
l. A convenience market in the General Commercial (GG) zone is properly one for
wbich a condiYional use pemut is a~thorizzd by Anaheim Municipal Code Sectio~ 18.08.030.O10
(Markets - Small).
2. A convenience market in conjunetion with a service station would not adversely
affect the surrounding commercial, residential, and schoolland uses and Che grpwth and
development of the area in which it is proposed to be located because the property is cunently
impxoved with a commercial building and the site will be improved with parking, landsoaping,
and a trash enclosure in compliance with Code requirements.
3. The size and shape of tbe site is adeqnate to allow the fuIl development of the
proposed use in a manner not detrimental to tbe particular area nor to the health, safety and
general welfare of tt~e public because the property is cunently improved with a commercial
building and 14 parking spaces will be provided. Code requires a total of 14 spaces for the
proposed use; therefore, Cbe parking supply will meet code requiremenYS.
4. The traffic generated by the business would not impose an undue burden upon the
streets and highways designed and improved to cany the traffie in the azea because the number
of cars and tmcks enCering and exiting the site aze consisYent with typical commercial businesses
that would be permitted as a matter of right wiThin tf~e General Commercial zone.
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5. 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.
WHEREAS, the proposed project falls within the definition of Categoricaf
Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requiremant to prepare additional environmental documentation.
THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission,
for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2009-0541 Q
subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated
by this reference which aze 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. Extensions for further time to complete conditions of approval may be granted
in accordance with 5ection 18.60.170 of the Anaheim Munieipal Code. Timing for compl3ance
with conditions of approval 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 Municipa( Code and (iii) the
applicant has demonstrated significant progress towazd establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that this permit is approved without ]imitations
on the duration pf 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-Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code. '
BE IT FURTHER RESOLVED that 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 or fmdings as to compliance or approval of the ~quest regarding any other
applicable ordinance, regulation or requirement
BE IT FURTHER RESOLVED that the applicant is responsible for paying aIl
charges related to the pmcessing of this discretionary cese application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the P]anning Commission
meeting of June 22, 2009. Said zesolution is subject to the appeal provisions set forth in Chapter
18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal
procedures nnd may be replaced by a City Council Resolutio~ in the event of an appeal.
~
CHAIRMAN, AHE CZTY PL G COMMISSION
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ATTEST:
, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anabeim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meetinb of the Anaheim
City Planning Commission held on June 22, 2009, by the following vote of the members thereof:
AYES: COMMI3SIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMIvIISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 22"`' day of June, 2009.
SECRETARY, ANAHEIM CITY ~LANNING COMMISSION
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EIHIBIT "A"
CONDITIONAL LTSE PERNIIT NO. 2009-05410
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05410
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
GENERAL
1 Trash storage areas shall be maintained ~n a locaYion acceptable Planning,
to the Public Works Department and in accordance with p~blic Works
approved plans on file with said Department. Said storage areas
shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways.
PRIOR TO FINAL BUILDING AND ZOING INSPECTIONS
2 The three public telephones located outside of the building on Planning
the west property line setback 20 feet from Ball Road shall be Code
removed. Enforcement
3 The applicanY shall monitor the area onder their control in an Police
effort to prevent the loitaring af persons abo~t the premises.
4 Parking lots, driveway, circulakion areas, aisles, passageways, Police
recesses and ground contiguous to buildings, shall be maintained
with lighting of a minimum one (1) foot candle power to
illuminate and make clearly visible the presence of any person
on or about the premises during the hours of darkness and
; provide a safe, secure environment for all persons, property, and
~ vehicles onsite.
5 The business to be equipped with alarm system (silent or Police
audible)
6 A No Trespassing 602(k) P.C sign shall be posted on the Police
building.
7 All exterior doors shall have their own IighY source, which shall Police
adequaCely illuminaYe door azeas at all haurs to make clearly
v~sible the presence of any person on or about the premises and
provide adequate illumination for persons exiting the building
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8 Closed circuit television (CCTV) security cameras are Police
recommended, with the following coverage areas:
• Entry and Exit to the store
• Cashier's area
If security cameras are not monitored, signs indicating so
should be placed at each camera.
CCTV monitor and recorders should be secured in a
separate locked compartment to prevent theft or, or
tampering with, the tape.
CCTV recording should be kept for a minimum of 30
days before being recorded over.
CCTV videotapes should not be recorded over more than
10 iCems per tape. Use of digital recording equipment as
an altemative to videocape is encooraged.
9 On-going during project operation, no required parking areas Code
shall be fenced or otherwise enclosed for outdoor storage uses. Enforcement
10 ' The property shall be permanently maintained in an orderly Code
fashion through the provision of renular landscaping Enforcement
maintenance, removal of trash or debris, and removal of graffiti
within two business days from the time of discovery.
11 A right turr~ only sign shall be installed at each driveway along Planning
Sunkist Street. Traffic
12 The subject properCy shall be developed substantially in Planning
accordance with plans and specificaCions submitted to the City of
Anaheim by the petitioner and which plans are on fle with the
Planning Department marked Exhibit Nos. 1(Site Planj, 2
(Elevations), 3(F1oor Planj and 4(Landscape Plan)and as
conditioned herein.
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