Resolution-PC 2015-006RESOLUTION NO. PC2015 -006
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2014 -05775
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00136)
(1671 WEST KATELLA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition to approve Conditional Use Permit No. 2014 -05775
to permit a tattoo shop within premises located within an existing commercial center (referred to
herein as the "Proposed Project ") at 1671 West Katella Avenue in the City of Anaheim, County
of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property "); and
WHEREAS, the Property is approximately 0.8 acres in size and is currently
developed with a commercial center. The Anaheim General Plan designates the Property for
General Commercial land uses. The Property is located in the "C -G" General Commercial Zone.
As such, the Property is subject to the zoning and development standards described in Chapter
18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code "); and
WHEREAS, as the "lead agency" under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that the Proposed Project is within that class of projects (i.e.,
Class 1 — Existing Facilities) which consist of the repair, maintenance, and /or minor alteration of
existing public or private structures or facilities, involving negligible or no expansion of use
beyond that existing at the time of this determination, and that, therefore, pursuant to Section
15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions
of CEQA; and
WHEREAS, on January 26, 2015, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear
and consider evidence for and against proposed Conditional Use Permit No. 2014 -05775 and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, the 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 tattoo shop within a commercial center, does find and
determine the following facts:
1. The proposed request to permit a tattoo shop within an existing commercial
center is properly one for which a conditional use permit is authorized under the classes of
allowable uses set forth in Table 8 -A as "Personal Services- Restricted ", as referenced in
paragraph .0402 of subsection .040 of Section No. 18.08.030 of the Code.
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2. The proposed conditional use permit to permit a tattoo shop, as conditioned
herein, would not adversely affect the adjoining land uses and the growth and development of the
area in which it is proposed to be located because the building is surrounded by compatible
buildings and uses; and, the tattoo shop would be located within an existing building with no
adverse effects to adjoining land uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the tattoo shop in a manner not detrimental to the particular area or to the health
and safety because the facility would be located within an existing commercial center that is
surrounded by other commercial and residential uses.
4. The traffic generated by the tattoo shop will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because the traffic
generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets
and adequate parking will be provided to accommodate the use.
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 as the proposed
land use will continue to be integrated with the surrounding commercial area and would not pose
a health or safety risk to the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2014- 05775, contingent upon and subject to the
conditions of approval described in Exhibit B attached hereto and incorporated herein by this
reference, which are hereby found to be a necessary prerequisite to the proposed use of the
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 Code. Timing for compliance 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 Code and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation
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 the 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 approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 26, 2015. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRM N PRO- TEMPORE, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on January 26, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: SEYMOUR
January, 2015.
IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of
1� /2Z=t�
ECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014-00136
APN: 129 - 392 -21
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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00 s0 a
Feet
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05775
(DEV2014- 00136)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
Each tattoo technician shall obtain and retain a City of Anaheim
1 Planning Department,
Business License. Said license shall be visibly displayed at all Planning Services Division
tim
2 The business shall be operated in accordance with the Letter of Planning Department,
Request submitted as part of this application. Any changes to the Planning Services Division
business operation as described in that document shall be subject to
review and approval by the Planning Director to determine I
substantial conformance with the Letter of Request and to ensure
compatibility with the surrounding uses.
GENERAL CONDITIONS
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 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
may result in the revocation of the approval of this application.
4 The Applicant shall defend, indemnify, and hold harmless the City
and its officials, officers, employees and agents (collectively
referred to individually and collectively as "Indemnitees ") from any
and all claims, actions or proceedings brought against Indemnitees
to attack, review, set aside, void, or annul the decision of the
Indemnitees concerning this permit or any of the proceedings, acts
or determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant's indemnification is intended to
include, but not be limited to, damages, fees and /or costs awarded
I against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys' fees and other
costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
Planning Department,
Planning Services Division
Planning Department,
Planning Services Division
The Property shall be developed substantially in accordance with Planning Department,
plans and specifications submitted to the City of Anaheim by the Planning Services Division
applicant and which plans are on file with the Planning Department I
and as conditioned herein.
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