Resolution-PC 2009-052RESOLUTION NO. PC2009-052
A RESOLUTION OF THE ANAHEIM PLANNING COMMI3SION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. ~003-04813 AND
AMENDING CERTAIN CONDIT`[ONS OF APPROVAL OF RESOLUTION NO. 2004-5
(TRACKING NO. 2009-05409) BE GRANTED
(2692-2696 WEST BALL ROAD)
WT~REAS, on January 12, 2004, the Anaheim City Planning Commission adopted
Resolu[ion No. PC2004-5 granting Conditional Use Permit No. 2003-04813 to construct a four unit
commercial retail center at 2790 through 2798 West Ball Road; and
V/HEREAS, this properry is cunenCly developed with a 5,755 square foot
commercial building with four tenant spaces and is zoned General Commerc9al (GG) and the
Anaheim General Plan designates this property as Low-Medium Deosity ResidenYial; and
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition
to ameod Conditional Use PermiY No. 2003-04813 (Tracking No. CUP2009-05409) to delete a
condition of approval perCaining Yo the ma~cimum number of permitted retail ~nits in order to
increase the number of tenant spaces in an existing retail commercial center on certain real property
situaCed in the City of Anaheim, County of Orange, State of California, shown on Exhibik "A",
attached hereto and incorporated herein by this reference; and
WHEREAS, Condition of Approval No. 12 of Resolution No. PC2004-5 states the
following: "That the number of tenant spaces for this commercial retail center shall be limited to
four (4). Said informaYion shall be speciffaally shown on the plans submitCed for building permits."
WHEREAS, Condition of Apgroval No. 35(a) of ResoluCion No. PC2004-5 states the
following:
"35. (a) That the subject property shall be developed substantially in accordance with plans
and specificaCions submitted to the City of Anaheim by the petitioner and which
' plans are on file wiYb the Planning Department marked Exh3blt Nos. 1 through 5, and
as conditioned herein.
WHEREAS, the applicant proposes to increase the number of tenant spaces by
subdiv~ding one of the e~sCing spaces to create a total of five spaces and no new square footage is
proposed;and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 27, 2009, at 2:30 p.m., notice of said public heariqg having been
daly given as required by law and in accordance with Yhe provisions of the Anaheim 1VIunicipal
Code, Chapter 18.6Q to hear and consider evide~ce for and against said proposed amendment to the
conditional use permit and to investigate and make findings and recommendatio~s in connection
therewith; and
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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 detemune the foliowing facts:
1. That the proposed amendment to Conditional Use Pernut No. 2003-04813 to delete a
condation of approval pertaining to a limitation on Che numbez of retail units in order to increase the
number of tenant spaces is properly one for which an amendment is authorized by Anaheim
Municipal Code Section 18.60.190.030 (Major Amendments).
2. That the permit, as proposed for amendment, would not adversely affect the
adjoining residenTial and commercial land ~ses and the growth and development of tl}e area in
wkriph it is proposed to be located beca~se the properCy is cune~tly improved witl~ an existing
commercial retail center and no expansion of the commercial retail center square footage is
proposed.
3. That the size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to Che parCicular area nor to the health, safety and general
welfare of the public because the proper[y is cunently improved wiGh an existing commercial retail
center, no expansion of the commercial retail center square footage is proposed and no variances
from the C-G zone development standards are requested in connection with this amendment to the
conditional use permiC.
4. That the traffic generated by the permit, as proposed for amendment, would not
impose an undue burden upon the streets and highways designed and improved to carry the traffic
in che area as Code requires 32 pazking spaces and 33 pazking spaces are existing and the
commercial retail center is required to comply with the number of parking spaces required by Code
unless a Variance is granted pursuant to the procedures of the Anaheim Municipal Code.
5. That granting this ameodmenC to the conditional use permit, under the conditions
imposed, will not be detrimental Yo the peace, health, safety and general welfare of the citizens of
the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED thaC the Anaheim City Planning
Commissio'n has reviewed the proposed amendment to Conditional Use Permit No. 2003-04813
(Tracking No. CUP2009-05409) and does hereby find that a Class 1 Categorical Exemption-is
adequaCe to serve as the required environmenYal documentation in eannection with this request.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the
reasons hereinabove staCed, does hereby approve the amendment to Conditional Use PermiC No.
2003-04813 (Tracking No. CUP2009-05409) to delete Condition of Approval No. 12 adopted in
connection witb Resolution No. PC2p04-5 and to amend CondiCion No. 35(a) as follows:
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"35. (a) The subject property shall be developed substantially in accordance with plans and
specifications submitted Co the City of A~aheim by tt~e applicant and which plans are
on file with the Planning Department marked Revision No. 1 Co Exhibit No. 1{Site
Plan) and 2(F7oor Plan) and Exhibits 3 through 5, and as condidoned herein.
Modifications to the number and configuraCion of the tenant spaces may occur
subject to the center complying with paxking requirements unless a Variance is
granted pursuant to the procedures of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Planning Commission Resolution No. PC2004-5 adopted in co~nection with
Conditional Use Permit No. 2003-04813 shall remain in full force and effect.
BE IT F[JRTF~R RESOLVED, that this permiC 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 1$.60.190 (Amendment to Permit
Approval) of the Anaheim Municipal Code.
BE TT 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 witb each and all of the condiYions set forth in Planning Commission Resolukion No.
PC2004-5, as amended. Should any such condition, or any part thereof, be declared invalid or
nnenforceable by the final judgment of any court of competent jnrisdiction, Cheu this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FUR1'HER 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 Snvoice or prior to the issuance of bu{lding permits for this project, whichever
occurs firsY. Failure Co pay all charges shall result in delays in the issvance of req~ired permits or
the revocatiou of Che approval pf this applicatioo.
THE FOREGOING RESOLUTION was adopYed at Che Plaoning Commission
meeCing of Apri127, 2009. Said resolutlon is subject to the appeal provisions set forth in Chapter
18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal
grocedures and may be replaced by a City Council Resolution in the evenf of an appeaL --
CHAIRMAN, A~VAHEIPYI CITYPLANNIN~'COMMISSION
ATTEST: ~
~~_ ~,
SENIOR SECRETARY, ANAHEIM CPTY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COLTNTY OF ORANGE ) ss.
C1TY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resoluYion was passed and adopted at a meeting of Che Anaheim
City Planning Commission held on Apri127, 2009, by Che following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EAST`MAN, FAESSEL,
KARAKI,ROMERO
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSiONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 27`h day of April, 2009.
v ~
SBNIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EYHIBIT "A"
CONDITIONAL USE PERMIT NO. 2009-0_5409
APN:12631027
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Source: Rerorded Tract Maps and/or City GIS.
r.a Please note ihe accuracy is +/- ~wo io five (eel.
10744
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