Resolution-PC 2009-042RESOLUTION NO. PC2009-042
A RESOLUTION OF THE ANAHEIIvI CITY PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING CONDITIONALUSE PERMTI' NO. 2009-05401
(1881 WEST BALL ROAD)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for CondiYional Use Permit to convert a former service statiou building into a
convenience market on certain real property situated in the Ciry of Anaheim, County of Orange,
State of California, showp on Exhibit "A", akCached hereto a~d incorporated herein by this
reference;
WHEREAS, the property proposed to convert a 1;688 square foot former service
station bailding into a convenie~ce market is located in the General Commercial (C-G) zone and
t6e properCy is desigoated for Low Medium Density ~ZesidenCial land oses in the City of Anaheim
General Plan; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Ceoter in the City of Anaheim on March 16, 2009, aC 2:30 p.m., notice of said public hearing
having been duly given as reqoired by law and in accordance with the provisions of tl~e Anatieim
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 conneetion
therewith; and
WHEREAS, said Comrnission, after due insgection, investigation aod study made
by itself and in its behaif, and after due consideraCion of all evide~ce and reporCS offered at said
hearing, does find and determine the following facts:
1. That a convenience market in the General Commercial (C-G) zone is propedy one
for which a conditional use permit is authorized by Anaheim Municipal Code Section
18.08:030.010 (Markets - Small).
2. That the conversion of a former service station building into a convenience
mazket would not adversely affect the adjoining commercial, residential, and school land uses
and the growth and development of the area in which it is proposed to be located because the
property is currently improved with a commercial building and the site will be improved with
parking, ]a~dscaping, and a trash enclosnre in compliance with Code reqniremeqCS.
3. That the size and sbape of the site is adeq~ate to allow the full developmenC of tt~e
proposed use in a manner noC detrimental to the particular area nor Yo Che healtk~, safery and
general welfare of the public because the property is cunently improved with a commercial
building and 11 parking spaces will be provided. Code requires a total of 9 spaces for the
proposed use; therefore, the parking supply will exceed Code by 2 spaces.
4. That the traffic generated by the business would not impose an undue barden
upon the streets and highways designed and improved to carry the traffic in the area because the
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number of cazs and trucks entering and exiting the site are consistent with typical commercial
businesses that would be permitted as a matter of right within the General Commercial zone.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class ](Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentarion.
BE IT FURTHER RESOLVEp that the Anaheim City Planning Commission, for
the reasons hereinabove stated, does hereby approve Conditiona] Use Permit No. 2009-05401
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 Cirizens of the
City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours oF operation or the duration of the use. Amendments, modifications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) 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 condirions 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
chazges related to the processing of this discrerionary case applicarion within 15 days of the
issuance of the final invoice. Failure to pay all chazges shall result in delays in the issuance oF
required permits or the revocarion of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of Mazch 16, 2009. Said resolution is subject to the appeal provisions set forth in
Chapter T8.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolurion in the event of an appeal.
SION
ATTEST:
SENIOR S~CRETARY, ANAHEIM CITY PLANNING COMMISSION
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STA'TE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning C~mmission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting oY tbe Ana~ieim
City Planning Commission held on March 16, 2009, by the following vote of the members
thereof:
AYES: COivIMISSIONERS: AGARWAL, $UFFA, EASTMAN, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WTTNESS WHEREOF, I k~ave i~ereunto set my hand this 16`h day of March, 2009.
3ENIOR SEC~ETARY, ANAHEIM CITY PLANNING COMMI3SION
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EXHIBIT "A"
CONDITIONAL USE PERNIIT NO. 2009-05401
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05401
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL iVIOIVITORING
GENERAL CONDITIONS
1 Trash storage areas shall be provided and maintained in a Pla~ning,
location acceptable to the Public Works Departmeot and in public Works
accordance wiCh approved plans on file with said Departmeot.
Said storage areas shall be designed, located and screened so as
not to be readily identifiable from adjacent streets or highways.
2 There shall be no public telephones on the property that are Planning
located o~tside of the building and within the control of the
applicant.
3 The applicant shall monitor the area under their conYrol i~ an Police
effort to prevent the loitering of persons about the premises.
4 Parking lots, driveway, circulation areas, aisles, passageways, Police
recesses and a ound contiguous to buildings, shall be provided
with lighring of a minimum one (1) foot candle power to
illominate and make clearly visible the presence of any person
on or about the premises during the hours of darkness and
provide a safe, secvre enviroumenC for all persons, propsrty, and '
vehicles onsiYe.
5 The property shall be permanently maintained in an orderly Code
fashion through tbe provision of regular landscaping Enforcement
maintenance, removal of trash or debris, and removal of graffiti
within two business days from the time of discovery.
6 The subject property shall be developed substantially in Planning
_ accordance with plans a~d sgecifications submitted to tt~e City of. --•
Anaheim by Che petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1(Site Plan), 2(Floor
Plan), and 3(Elevations) and as conditioned herein.
7 Approval of this application constitutes approval of the proposed Planning
i requesC only to the exteot that 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.
8 During project operation, no required parking areas shall be Code
fenced or otherwise enclosed for outdoor storage purposes Enforcement
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