Resolution-PC 2008-19•
RESOLUTION NO. PC2008-19
•
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0.2007-05285
BE GRANTED
(1425 EAST LINCOLN BOULEVARD, UNIT G)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Conditional Use Permit for certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
LOT 3 AND 4 OF TRACT NO. 2481, IN THE CITY OF ANAHEIM, AS SHOWN ON
A MAP RECORDED IN BOOK 72, PAGE 29 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY COMMONLY KNOWN
AS 1421-425 EAST LINCOLN AVENUE, ANAHEIM, CA 92805.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 4, 2008, 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 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 convenience market is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.08.030.010, and
2. That the proposed use would not adversely affect the adjoining land uses and the
growth and development of the area in which it is located because the tenant space was
previously occupied by a retail use, operation would be contained within the building, and the
proposed market is compatible with the adjoining commercial uses and the neighboring
residential properties; and
3. That the traffic generated by the use 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; and
4. That granting this conditional use permit, under the conditions imposed, will not
be detrimental to the health and safety of the citizens of the City of Anaheim; and
5. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff
has determined that the proposed project falls within the definition of Categorical Exemptions,
Section 15301, 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 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:
Responsible
COA/ for
MMP Conditions of Approval Monitoring
GENERAL
COA 1 That subject property shall be developed substantially in accordance Planning
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 No. 1 and as conditioned herein.
COA 2 All loading and unloading shall occur within the on-site parking area to Planning
the rear of the building. No deliveries, loading and unloading shall be
permitted on Lincoln Avenue.
COA 3 All merchandize shall be stored and displayed within the tenant space. Planning
Outdoor storage or display of products is prohibited, except as permitted
by a Special Event Permit.
COA 4 Window signs such as permanent and temporary signs shall not obscure Planning
more than ten percent (10%) of the total transparent area of any window
surface. No signs shall be allowed on the outside of any windows of the
building.
COA 5 Prior to commencement of use, 4-foot high street address numbers shall Police
be displayed flat on the roof of the building in a color that contrasts with
the roof material. The numbers shall not be visible from the streets or
adjacent properties.
COA 6 Sale of alcoholic beverages is strictly prohibited. Planning
COA 7 Prior to commencement of use, plans for installation of an on-site trash Planning
enclosure in accordance with the standard requirements shall be submitted
with the building permit for plan check and the trash enclosure shall be
installed.
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Responsible
COA/ for
MMP Conditions of Approval Monitoring
COA 8 That approval of this application constitutes approval of the proposed N/A
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
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 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 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 February 4, 2008. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to
appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal.
CHA AN, ~ AH IM PL ING COMMISSION
ATTEST:
SENIOR~ECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 February 4, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 20`" day of
February, 2008.
SENIOR SL~'RETARY, ANAHEIM PLANNING COMMISSION
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