Resolution-PC 2011-082RESOLUTION NO. PC2011 -082
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 2 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION
AND APPROVING VARIANCE NO. 2011 -04869
(DEV2011- 00114)
(275 SOUTH HARBOR BOULEVARD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of
California shown on Exhibit "A ", attached hereto and incorporated herein by this reference; and
WHEREAS, the petitioner requests a variance from the street setback to reconstruct a
fast food restaurant in the Commercial- General (C -G) zone and the Anaheim General Plan designates
this property for Mixed -Use land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 7, 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 "Procedures," to hear and consider evidence for and against said proposed 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:
1. That the applicant requests to deviate from the following to reconstruct a fast food
restaurant:
SECTION NO. 18.08.060.010
Minimum street setback abutting an
arterial highway (15 feet required adjacent
the ultimate right -of -way lines for
Broadway and Harbor Boulevard; no
setback to the ultimate right -of -way lines
proposed)
2. The requested variance is hereby approved because there are special circumstances
applicable to the property pertaining to its narrow lot width and previous positioning of the fast food
restaurant on the property. This property is 121 feet wide which is narrow for a "C -G" (Commercial -
General) zoned property abutting Single - Family Residential. In addition, the planned ultimate width
of Harbor Boulevard and Broadway significantly restricts the ability to reconstruct the restaurant
building while meeting Code- required setbacks.
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3. Strict application of the Code would deprive the property of privileges enjoyed by
other properties under the identical zoning classification in the vicinity as several other buildings in
the G -G Zone within the Downtown area do not maintain 15 -foot wide setbacks adjacent to arterial
highways.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 2 (Replacement Facilities) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
documentation.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby approve Variance No. 2011 -04869 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 Citizens of the City of Anaheim. 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 Variance is approved without limitations on
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.
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 regul ations. 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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of November 7, 2011.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHEIM M CIT YPLANNING COMMISSION
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN,
RAMIREZ, SEYMOUR
SENIOR SE A C RY, ANAHEIM CITY PLANNING COMMISSION
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of November, 2011.
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 November 7, 2011, by the following vote of the members thereof:
SENIOR SECETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2011 -00114
4
PC2011 -082
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED OFF
BY
GENERAL
1
The applicant shall be responsible for
maintaining the area adjacent to the premises
over which they have control, in an orderly
fashion through the provision of regular
maintenance and removal of trash or debris.
Any graffiti painted or marked upon the
premises or on any adjacent area under the
control of the licensee shall be removed or
painted over within 24 -hours of being applied.
Planning
Department,
Code
Enforcement
Division
Csi
The property shall be developed substantially
in accordance 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
through 3 (Site/Landscape Plan, Elevation and
Floor Plans) and as conditioned herein.
Planning
3
The property shall be developed substantially
in accordance 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
through 3 (Site /Landscape Plan, Elevation and
Floor Plans) and as conditioned herein.
Planning
TIMING: PRIOR TO ISSUANCE OF BUILDING PERMIT
4
A Lot Line Adjustment to consolidate the 3
existing lots into 1 lot must be approved by
the City and recorded in the Office of the
Orange County Recorder.
Public Works -
Development
Services
5
The Drainage Impact Mitigation Fee for the
South Central Area shall be paid prior to
issuance of a building permit. The fee is
currently $29,862/ net acre. Credit will be
applied for the current development. The
applicant must document the existing
Public Works -
Development
Services
EXHIBIT "B"
VARIANCE NO. 2011-04869
(DEV2011- 00114)
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PC2011 -082
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PC2011 -082
impervious area and the proposed impervious
area. If the impervious area remains the same
or decreases, no fee is due. If the impervious
area increases. the fee will be proportional to
the increase.
6
Prior to issuance of building permits, the
proposed building shall be located outside of
the ultimate right - of-way for both Harbor
Boulevard and Broadway. Harbor Blvd. is
designated as a 6 -lane Major Arterial
Highway. The ultimate right -of -way is 60 ft
from the construction centerline of Harbor
Blvd. Broadway is designated as a Secondary
Arterial with supplemental turn lanes and the
required right -of -way is 49 ft. from the
construction centerline of Broadway. Also, the
ultimate right -of -way requires a corner cut -off
at Harbor Blvd. and Broadway that will allow
a 25 ft radius curb return.
Public Works -
Development
Services and
Traffic and
Transportation
Services
7
The applicant shall submit street improvement
plans including landscaping and irrigation
plans to Public Works for the work within the
existing right -of -way. A bond shall be posted
prior to issuance of a building permit in a
form approved by the City Attorney to
guarantee construction of the public right -of-
way improvements. Parkway irrigation shall
be connected to the on -site irrigation system
and maintained by the property owner.
Public Works -
Development
Services
PRIOR TO THE FINAL BUILDING INSPECTIONS
8
That on -going during project operation, no
required parking areas shall be fenced or
otherwise enclosed for outdoor storage uses.
Public Works
— Traffic
Engineering
9
The applicant shall obtain a Right of Way
Construction Permit from Public Works for the
work performed in the public right-of-way.
Improvements must be completed prior to
issuance of a certificate of occupancy.
Public Works
Development
Services
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PC2011 -082
10
The applicant shall replace the existing block
wall along the west property line with a
minimum 8 -foot high block wall. The height of
the wall shall be "stepped- down" adjacent to
Broadway in a manner similar to that of the
existing block wall. A minimum 18 -inch wide
irrigated planter area shall be installed along the
east face of the wall and planted with clinging
vines per Code requirements to discourage
graffiti.
11
That the existing parking lot lights shall be
redesigned to ensure that excessive light glare
does not spill onto the residential property to
the west.
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