Resolution-PC 2010-122RESOLUTION NO. PC2010 -122
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 AND CLASS 11 CATEGORICAL
EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05529
AND VARIANCE NO. 2010-04838
(DEV2010- 00162)
(440 SOUTH ANAHEIM HILLS ROAD)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2010 -05529 and Variance No. 2010 -04838 to establish a
grocery store to include the sale of beer and wine for off - premises consumption (Fresh & Easy
Market) and install two wall signs with letter and logo heights larger than permitted by Code 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 developed with a 11,033 square foot vacant
tenant space within an existing 10 -acre shopping center and is located in the C -G (SC)
(General Commercial; Scenic Corridor Overlay) zone. The General Plan designates this
property for Neighborhood Center land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on December 6, 2010, at 5:00 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 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 with respect to the request for a conditional use permit, does find and
determine the following facts:
1. The request to permit a grocery store to include the sale of beer and wine for off -
premises consumption in the C -G (SC) (General Commercial; Scenic Corridor Overlay) zone is
properly one for which a conditional use permit is authorized under Code Section 18.08.030.010
(Alcoholic Beverage Sales — Off-Sale; Markets — Small) of the Anaheim Municipal Code.
2. The grocery store will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be Located because the site can
accommodate the proposed use and there will not be an adverse affect on the adjacent
commercial or residential uses in the vicinity.
PC2010 -122
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area or to the health and safety
because this use will be conducted entirely within the building.
4. The traffic generated by the grocery store will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because this
activity is consistent with other commercial and multiple- family residential uses and levels of
activity in this area.
5. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim because the use is consistent with other
commercial and multiple family residential uses in the area.
WHEREAS, the Planning Commission does further find and determine that
the request for a variance to install two wall signs with letter and logo heights larger than
permitted by Code should be approved for the following reasons:
SECTION NO. 18.40.040.040
Maximum wall sign letter and 10 o height.
(24 inch letters and 36 inch logos permitted;
39 inch letters and 46 inch logos proposed).
1. The requested variance is hereby approved, as the proposed wall signs would be
appropriate for the scale and height of the building, the aggregate area of the wall signs would
not exceed the maximum sign area permitted for each building elevation and there are special
circumstances applicable to the property, including to the large size and depth of the parcel and
strict application of the Code would deprive the property of privileges enjoyed by other
businesses which have had this standard waived under similar circumstances.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 (Existing Facilities) and Class 11 (Accessory Structures) 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 does hereby approve Conditional Use Permit No. 2010 -05529 and Variance No.
2010 -04838 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 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 Section 18.60.170 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.
2 PC2010 -122
BE IT FURTHER RESOLVED, that this conditional use permit is approved
without limitations on the duration or hours of operation for the use.
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 findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
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. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was asloo ted at the Planning Commission
meeting of December 6, 2010. T1 )
A'1'1 EST:
N//
CHAIRMAN, ANA Ily1 CITY PLANNING COMMISSION
SENIOR SE TARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2010 -122
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, 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
City Planning Commission held on December 6, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 6` day of December, 2010.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2010 -122
APNs:
356 - 181 -08
356 - 181 -06
356 - 181 -09
356 - 181 -10
ti 356 - 181 -19
356 - 181 -07
356 - 181 -18
50
Fee.
—1M1 11 11 1 1 i ∎•MI MI
EXHIBIT "A"
DEV2010 -00162
100
F
20 �\�
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1E11 HMI III 1•11
- 5 -
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
11047
•
1
PC2010 -122
GENERAL CONDITIONS
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2010-05529
AND VARIANCE NO. 2010-04838
(DEV2010- 00162)
NO. CONDITIONS OF APPROVAL
1 No required parking area shall be fenced -off or otherwise
enclosed for outdoor storage uses.
2 The property shall be permanently maintained in an orderly
fashion through the provision of regular Iandscaping
maintenance, removal of trash or debris, and removal of graffiti
within two (2) business days from the time of discovery.
3 The location of a trash enclosure shall be provided in a Location
acceptable to the Public Works Department, Streets and
Sanitation Division, and in accordance with approved plans on
file with said Department. Said information shall be
specifically shown on the plans submitted for building permits.
4 The 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 Nos. 1 (Site Plan), 2 (Floor Plan),
and 3 -8 (Sign Program), and as conditioned herein.
6
SIGNED
REVIEW BY OFF BY
Code
Enforcement
Code
Enforcement
Public Works,
Streets and
Sanitation
Division
Planning
PC2010 -122