Resolution-PC 2012-007RESOLUTION NO. PC2012 -007
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING VARIANCE NO. 2012-04885
(DEV2012- 00001)
(518 SOUTH BROOKHURST STREET, SUITES 1 AND 2)
WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning
Commission ") did receive a verified Petition for Variance No. 2012 -04885 to establish a
restaurant within an existing commercial retail center with less parking than required by Code for
that certain real property located at 518 South Brookhurst Street in the City of Anaheim, County
of Orange, State Of California, as more particularly shown in Exhibit "A ", attached hereto and
incorporated herein by this reference (the "subject property "); and
WHEREAS, this 1.3 -acre property is developed with a 19,440 square foot
commercial retail center. The property is located in the C -G (General Commercial) zone and the
Anaheim General Plan designates the property for Corridor Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 13, 2012, 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
variance 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 with respect to the requested restaurant with fewer parking spaces than
allowed by code should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(130 spaces required; 88 spaces proposed)
1. The variance, under the conditions imposed, will not cause fewer off - street
parking spaces to be provided for the proposed restaurant than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonably
foreseeable conditions because the on -site parking within the shopping center will adequately
accommodate peak parking demands for all uses combined. The submitted parking justification
letter states that, because the two businesses with the highest parking demand (the proposed
restaurant and an existing Hookah Lounge) have non- conflicting peak hours, that ample parking
will be available on -site. Parking surveys were also conducted during the peak daytime and
early evening hours when a maximum of 29 parking spaces, or 33% of the total spaces available,
were occupied.
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2. The variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use because the on -site parking will be adequate to accommodate the peak parking
demands of the proposed restaurant.
3. The variance will not increase traffic congestion within the off - street parking
areas provided for the restaurant since all parking is contained on -site and will not encroach into
other parking facilities and the supply of parking is adequate for the restaurant. Further, 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 subject site.
4. The granting of 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 land
use 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 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 City Planning
Commission does hereby approve Variance No. 2012- 04885, 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 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 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 February 13, 2012.
ATTEST:
SENIORS RETARY. NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
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 February 13, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: PERSAUD
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this 13 day of February, 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DE's' NO. 2012 -00001
APN: 128 - 171 -55
W ORANGE AVE
275'
275'
AV
Source. Recorded Tract Maps and/or Crty GIS.
Please note the accuracy Is +1- two to five feet
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PC2012 -007
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
1
No required parking area shall be fenced or otherwise
enclosed for outdoor storage.
Planning
2
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 Nos. 1 and 2 (Site
Plan and Floor Plan), and as conditioned herein.
Planning
EXHIBIT "B"
VARIANCE NO. 2012-04885
(DEV2012- 00001)
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