Resolution-PC 2011-040RESOLUTION NO. PC2011 -040
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND AMENDING CONDITIONAL USE PERMIT NO. 3253
AND VARIANCE NO. 2011 -04854
(DEV2010- 00123)
(5645 -5675 EAST LA PALMA AVENUE)
WHEREAS, on September 11, 1990, the Anaheim City Council ( "City Council "),
by its Resolution No. 90R -353, approved Conditional Use Permit No. 3253 to permit a 30 -unit
commercial retail center (including 14,000 square feet of semi- enclosed fast food restaurants)
and a freestanding semi- enclosed restaurant with sales of alcoholic beverages for on- premises
consumption with waivers of minimum number of parking spaces, minimum structural setback,
and prohibited roof - mounted equipment for that certain real property located at 5645 - 5675 La
Palma Avenue in the City of Anaheim, County of Orange, State of California, as more
particularly shown on Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, on June 1, 1994, the Anaheim City Planning Commission ( "Planning
Commission "), by its Resolution No. PC94 -65, did amend certain conditions of approval of
Resolution No. 90R -353 pertaining to Conditional Use Permit No. 3253; and
WHEREAS, on November 27, 1995, the Planning Commission, by its Resolution
No. PC95 -160, did further amend the conditions of approval of Resolution 90R -353 pertaining to
Conditional Use Permit No. 3253; and
WHEREAS, on December 9, 1996, the Planning Commission, by its Resolution
No. PC96 -123, did further amend the conditions of approval of Resolution 90R -353 pertaining to
Conditional Use Permit No. 3253, by amending Condition No. 37 and adding new Condition No.
38 to read as follows:
"38. That this amendment to Conditional Use Permit No. 3253 (Readvertised) is
granted subject to the approval of, and compliance with, all conditions of approval for
Conditional Use Permit No. 3881, now pending. Further, that the increase to the maximum area
of restaurant uses (one thousand one hundred sixty three [1,163] sq.ft. shall be specific to the
proposed outdoor dining area at 5645 East La Palma, #170 (Foscari's Italian Cuisine); and that
the subject business shall be limited to a maximum of one hundred eighteen (118) seats (both
interior and exterior)."
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WHEREAS, on November 18, 1997, the City Council, by its Resolution No. 97R-
224, did further amend the conditions of approval of Resolution No. 90R -353 pertaining to
Conditional Use Permit No. 3253, by further amending Condition No. 37 to read as follows:
37. The total area of restaurant uses shall not exceed twenty six thousand forty
(26,040) square feet and shall be limited to the following:
Juice Bar Fast Food Fast Food Restaurants Restaurants
(Space restaurants restaurants with table with
#135) with with service outdoor
10 10 customer 11 customer seating
Customer seats seats or less seats or more
or less
1,300 sa. ft total 1,612 sq_ .ft. total 4,442 so. ft. total 5,779 sa. ft. total 12,907 sq . ft.
total
Required
parking: 5.5
spaces per 1,000
sq. ft.
Required
parking: 5.5
spaces per 1,000
sq. ft.
Required
parking: 16
spaces per 1,000
sq. ft.
Required
parking: 8 spaces
per 1,000 sq. ft.
Required
parking: 8 spaces
per 1,000 sq. ft.
WHEREAS, the Planning Commission (hereinafter referred to as "Planning
Commission ") did receive a verified Petition for an amendment to Conditional Use Permit No.
3253 and Variance No. 2011- 04854, as described below; and
WHEREAS, the applicant requests an amendment to Conditional Use Permit No.
3253 to delete Condition No. 37 and amend Condition No. 38 of Resolution No. 90R -353 as
shown in Exhibit "B" attached hereto and incorporated herein by this reference, to permit the
expansion of the square footage for restaurant uses with less parking than required by Code; and
WHEREAS, the subject property is located in the Northeast Area Specific Plan,
Commercial Area (Development Area 5 - Scenic Corridor Overlay) (SP94 -1, DA5) (SC) zone,
and the Anaheim General Plan designates this property for General Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on May 9, 2011, at 5:00 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
amendment to conditional use permit and variance and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said 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, does find and determine the following facts:
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1. The proposed request to expand the permitted square footage for restaurant uses
with less parking provided than required by Code in the Northeast Area Specific Plan,
Commercial Area (Development Area 5 - Scenic Corridor Overlay) (SP94 -1, DA5) (SC) zone is
properly one for which a conditional use permit is authorized by Anaheim Municipal Code
Section 18.120.100.050.0510 (Commercial Retail Centers).
2. The proposed conditional use permit to expand the permitted square footage for
restaurant uses, 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 demand for
parking will not exceed the parking spaces provided as identified in the parking study for this
request;
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed restaurant and retail uses in a manner not detrimental to the particular area or to
the health and safety because the proposed restaurants and retail uses will be located within an
existing commercial building and is surrounded by compatible commercial uses.
4. The traffic generated by the proposed restaurant and retail uses will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the
area because the majority of traffic generated by this use will occur after the highest peak
afternoon hours on the adjacent highways.
5. The granting of the conditional use permit and the variance under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as
the proposed restaurant and retail uses will be compatible with the surrounding area because the
use is integrated with other uses on the property and is not a health or safety risk to the citizens
of the City of Anaheim.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance to permit less parking than required by Code in conjunction with a request
to expand the permitted square footage for restaurant uses should be approved for the following
reasons:
SECTION NO. 18.42.040.010
Minimum number of parking spaces.
(479 spaces required for the entire commercial
center; 316 spaces proposed).
1. The requested variance is hereby approved based upon the findings and
conclusions contained in a parking demand study prepared by Pirzadeh and Associates, Inc.
dated March 31, 2011, to determine the number of parking spaces necessary for the proposed
commercial retail center. The study concludes that the existing number of parking spaces was
sufficient as 303 spaces would be needed for all existing and proposed uses, including the new
restaurant square footage and that this will not cause fewer off - street parking spaces to be
provided for the proposed use than the number of such spaces necessary.
3 PC2011 -040
2. The variance will not will not increase the demand and competition for parking
spaces upon the public streets in the immediate vicinity of the proposed use because all parking
will be contained on the subject property.
3. The variance will not increase the demand and competition for parking spaces
upon adjacent private property in the immediate vicinity of the proposed use because all parking
will be contained on the subject property.
4. The variance will not increase traffic congestion within the off - street parking
areas or lots provided for the proposed use because the project does not propose new ingress or
egress points and is designed to allow adequate on -site circulation.
5. The variance will not impede vehicular ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of the proposed use because the
project does not propose new ingress or egress points and is designed to allow adequate on -site
circulation and therefore will not impede vehicular ingress to or egress from adjacent properties
upon the public streets in the immediate vicinity of the commercial retail center.
WHEREAS, 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 Planning Commission for the
reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No.
3253 to delete Condition No. 37 and amend Condition No. 38 of Resolution No. 90R -353 and
grant Variance No. 2011 -04854 subject to the conditions of approval of Resolution No. 90R -353,
as previously amended, and as further amended herein. Extensions for further time to complete
conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress
toward establishment of the use or approved development.
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) and 18.60.200 (City- Initiated Revocation or Modification of Permits) 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 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.
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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
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, except as expressly amended herein, the .
provisions of Resolution No. 90R -353, approving Conditional Use Permit No. 3253, shall remain
if full force and effect.
BE IT FURTHER RESOLVED that this resolution is subject to the approval of
the amendment to Conditional Use Permit No. 3881 to delete Condition No. 6 of Resolution No.
PC96 -124, now pending.
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. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 9, 2011.
ATTEST:
CHAIRMAN, ANAHEYlVI CITY PLANNING COMMISSION
7/ l—
SENIOR SECR.I - FARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on May 9, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 9' day of May, 2011.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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APN: 346- 281 -06
152.68
60'
E LA PALMA AVE
EXHIBIT "A"
DEV NO. 2010 - 00123
E ORANGETHORPE AVE
N
LC)
1 69.95'
(
i
IESPERANZA RD
11 I r -�
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
11099
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EXHIT IT "t"
CONDITIONAL USE PERMIT NO. 3253
AND VARIANCE NO. 2011-04854
(DEV20Il0- 00123)
MEW SIGNED
NO. CONDITIONS OF APPROVAL BY OFF R Y
GENERAL CONDITIONS
37 Deleted. Planning
38 This property shall be developed substantially in accordance Planning
with the plans, technical studies and specifications submitted
to the City of Anaheim by the applicant and as conditioned
herein, which include the Site Plan dated May 9, 2011
(Exhibit No. 1) and the corresponding Parking Study dated
March 31, 2011. Said plans and studies are on file in the
Planning Department.
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