Resolution-PC 2012-094RESOLUTION NO. PC2012 -094
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING VARIANCE NO. 2012 -04913 AND
FINAL SITE PLAN NO. 2012 - 00006 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00112)
(1027 SOUTH HARBOR BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission ") did receive a verified Petition for Variance No. 2012 -04913 and
Final Site Plan No. 2012 -00006 to expand an existing restaurant (the 'Project ") with a variance
for fewer parking spaces than required by the Anaheim Municipal Code (herein referred to as the
"Code ") for certain real property located at 1027 South Harbor Boulevard in the City of Anaheim,
County of Orange, State of California, as more particularly described on Exhibit A. attached
hereto and incorporated herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 1.14- acres, is developed with a
full service restaurant. The Property is located in the SP92 -2 Anaheim Resort Specific Plan
Zone. The Anaheim General Plan designates the Property for Commercial Recreation land uses;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 3, 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 Chapter 18.60 of the
Code, to hear and consider evidence for and against said proposed variance to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission
finds and determines that the proposed project is within that class of projects which consist of the
repair, maintenance, and/or minor alteration of existing public or private structures or facilities,
involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the proposed project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the 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 request to permit the proposed Project on the Property does find
and determine the following facts:
1. That the request to expand the existing restaurant complies with the Anaheim Resort
Specific Plan (SP92 -2), subject to the approval of Variance No. 2012 -04913 and the conditions
of approval.
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2. The design and layout of the proposed Project will not interfere with the use and
enjoyment of neighboring existing or future developments, and will not create traffic or
pedestrian hazards.
3. The architectural design of the proposed Project is compatible with the character of
the surrounding development located within the land area of the Anaheim Resort Specific Plan.
4. The design of the proposed Project will provide a desirable environment for its
occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture
and color, and will remain aesthetically appealing and be appropriately maintained.
5. The proposed Project will not be detrimental to the public health, safety or welfare, or
materially injurious to the properties or improvements in the vicinity of the proposed Project.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance for fewer parking spaces than required by the Code and for a setback that
is less than required by Code should be approved for the following reasons:
(a) SECTION NO. 18.42.040.010
Minimum number of parkin spaces.
paces.
(110 spaces required; 84 spaces proposed)
(b) SECTION NO. 18.116.090.040
Minimum interior setback requirement.
(80 feet required; 10 feet proposed)
1. That the variance, under the conditions imposed, if any, will not cause fewer off -
street parking spaces to be provided for the proposed use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonably
foreseeable conditions of operation of such use because a parking study was submitted by the
applicant, determining that the proposed number of parking spaces for the project is sufficient to
accommodate the proposed expansion of the restaurant. The parking study indicates that 67
parking spaces will be required by the restaurant during peak demand operating hours based on
observations at the existing restaurant;
2. That 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 adequately accommodate the peak parking
demands of the restaurant;
3. That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use because the on -site parking will adequately accommodate peak parking demands of
the restaurant;
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4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off -street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the Property and are designed to allow
for adequate on -site circulation; and
5. That the variance, under the conditions imposed, if any, 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 site has existing ingress or egress access points that are
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
restaurant.
6. That there are special circumstances applicable to the Property, including size, shape,
location and surroundings, which do not apply to other property under the identical zoning
classification in the vicinity of the proposed Project that result in limited and inefficient use of
the Property if it were developed in conformance with development standards. The subject
Property has a lot width that is significantly greater in the front of the property than in the rear.
The shape of the property limits the available area for expansion to the front of the property and
the setback requirement is intended to prevent tall structures adjacent to residential uses. The
height of the restaurant at the proposed setback is 21 feet. Therefore, it is appropriate to permit a
reduced interior setback.
7. That, because of these special circumstances, strict application of the Zoning Code
deprives the Property of privileges enjoyed by other property under the identical zoning
classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Anaheim as follows:
1. The Planning Commission does hereby approve Variance No. 2012 -04913 and Final
Site Plan No. 2012 - 00006, subject to the conditions of approval described in Exhibit B attached
hereto and incorporated herein by this reference, which are hereby found to be a necessary
prerequisite to the proposed use of the 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 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 conditions, (ii) the modification complies with the Code, and
(iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
2. Any amendment, modification or revocation 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 Code.
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3. The 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.
4. Approval of this application constitutes approval of the proposed request only to the
extent that it complies with the Zoning Code of the City of Anaheim 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.
5. 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 December 3, 2012. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City
Council Resolution in the event of an appeal.
Ohl
CHAIR, ANAHEIM CITY PL NING COMMISSION
ATTEST:
v �
SENIOR SEYRETARY, 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 December 3, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 3` day of December, 2012.
SENIOR'S`ECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012 -00112
W BALL RD
7 F-1 r
J
Q
6
N g
O o sc mn
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT `B"
VARIANCE NO. 2012-04913
AND FINAL SITE PLAN NO. 2012-00006
(DEV2012- 00112)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
PRIOR TO ISSUANCE OF BUILDING PERMITS
1
There is no backflow prevention assembly at the existing 1 -inch
Public
water service meter. A lead -free backflow prevention assembly
Utilities,
meeting the City of Anaheim's standard shall be installed at the
Water
meter prior to issuance of the first building permit. Additionally,
Engineering
if this project contains more than 2,500 SF of landscaping, a
Division
separate irrigation meter and backflow prevention assembly
meeting the City of Anaheim's standard is required prior to
issuance of the first building permit.
2
Property owner /developer shall contact Water Engineering for
Public
recycled water system requirements and specific water
Utilities,
conservation measures to be incorporated into the building and
Water
landscape construction plans.
Engineering
Division
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
3
The subject Property shall be developed substantially in
Planning
accordance with plans and specifications submitted to the City of
Department,
Anaheim by the petitioner and which plans are on file with the
Planning
Planning Department marked Exhibit Nos. 1 through 7, and as
Services
conditioned herein.
4
That extensions for further time to complete conditions of
Planning
approval may be granted in accordance with Section 18.60.170
Department,
of the Anaheim Municipal Code.
Planning
Services
5
That timing for compliance with conditions of approval may be
Planning
amended by the Planning Director upon a showing of good cause
Department,
Planning
provided (i) equivalent timing is established that satisfies the
Services
original intent and purpose of the condition(s), a the
modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
6
Approval of this application constitutes approval of the proposed
Planning
request only to the extent that complies with the Anaheim
Department,
Planning
Municipal Zoning Code and any other applicable City, State and
Services
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.
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