Resolution-PC 2005-76• ~
RESOLUTION NO. PC2005-76 ~
ARESOLUTION OF THE ANAHEIM PLANNING COMMISSION .
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-04979 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verifiedPetition for Conditional
Use Permit forcertain real property situated in #he City of Anaheim, County of Orange, State of California,
described as:
LOTS 8, 9 AND 10 OF TRACT NO. 2300, IN THE CITY OF ANAHEIM, COUNTY OF '
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK
68, PAGES 35 AND 36 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
_ COUNTY, CALIFORNIA
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 2, 2005, at 2:00 p.m., notice of said public hearing having been duly given as
required by law and in accortlance with the provisions of the Anaheim Municipal Code, Chapter 18.66, 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 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 proposed construction of a third tenant space within a previously-approved two-unit
commercial retail center is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section 18.08.030.040.0402.
2. That the use will not adversely affect the adjoining land uses or the growth and development of the
area in which it is proposed to be located.
3. That 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 br to the health and safety.
4. That the tra~c generated by the use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area
5. That the granting of the conditional use permit under the conditions imposed, if any, will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
6. That one person indicated their presence at said public hearing in opposition pertaining to traffic
concerns; and that no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to construct a third tenant space within a previously-approved two- '
unit commercial retail building and does hereby find that the Negative Declaration previously approved in
connection with the originally approved permit is adequate to serve as the required environmental
documentation in connection with this request. .
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of.the subject property in order to preserve the ,
health and safety of the Citizens of the City of Anaheim:
Cr\PC2005-076 -1- PC2005=76
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1. That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a
separate conditional use permit is approved bythe Planning Commission.
2. That no video, electronic or other amusement devices shall be permitted`on thepremises:' :
3. That all public phones shall be located inside the building.
4. That all trash generated from #his commercial retail center shall be properly contained in trash bins
located withiri approved trash enclosures. The number of bins shall be adequate and the trash pick-up
shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the
property. The Community Preservation Division of the Planning Department shall determine the need
for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-
up shall be paid by the business owner. _
5. Tfiat any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that
it is removed, damaged, diseased and/or dead.
6. That no roof-mounted balloons or other inflatable devices shafl be permitted on the property.
7. That no outdoor vending machines shallbe permitted on the property.
8. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
' hours from time of occurrence.
9. That the number of tenant spaces for this building shall be limited to three (3). Said information shall be
specifically shown on plans submitted for buildingpermits. '
10. That fandscape improvements along State College Soulevard shall be consistent with the State College
Corridor Master Plan. Said information shall be specifically shown on plans submitted for building
permits.
11. That final sign plans for the monument and wall signs shall be submitted to the Planning Services
Division for review and approval. Said plans shall incorporate the stone treatment identical to the
treatment utilized on the commercial building, an 18-inch high base including 9-inch high address
letters, and a decorative cornice treatment along the full length of the monument sign. The final sign
plans shall reflect the location of any monument sign outside the sight-distance triangle at the
intersection ofSouth Street and State College Boulevard. Any decision made by staff regarding said
sign plans may be appealed to the Planning Commission as a"Report and Recommendation" item.
12. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2, and 3, and as conditioned herein.
13. That a security plan shall be submitted to the Police Department, Community Services Division and the
Planning Department, Planning Services Division for review and approvaL The plan shaU address
potential security issues resulting from the building rearing onto State College Boulevard.
14. That prior to issuance of a building permit for the first tenant space, or within a period of one (1) year
from the date of this resolution, whichever occurs first, Condition Nos. 9, 10, 11 and 13, above-
mentioned, shall be complied with. Extensio~s fo~ further time to complete said conditians may be
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
15. That prior to final building and zoning inspections, Condition No. 12, above-mentioned, shall be
complied with.
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16. That approvat of this appfic~tion 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 Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
AND BE 1T FURTHER RESOLVED that the property owner/developer is responsible for
paying all charges related to the processing of this discretionary case application within 7 days of the
' issuance of the final invace 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.
' THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 2, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertainin a a rocedures and may be replaced
by a City Council Resolution in the event of an appeal.
~iL~
CHAIRMAN, ANAHEIM PLANNWG COMMISSION
ATTEST:
,
~~~.,,o-..__ /`~ C~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA ) '
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) ~
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on May 2, 2005, by the folfowing vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of '
!/a c , 2005.
~~~'''~.,"~' ~~~'~'a~ts~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION