Resolution-PC 2013-025RESOLUTION NO. PC2013 -025
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING VARIANCE NO. 2013-04919 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00001)
(2201 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. 2013 -04919 (herein
sometimes referred to as the 'Proposed Project ") to permit a restaurant within an existing building
with less parking spaces than required by the Anaheim Municipal Code (herein referred to as the
"Code ") for certain real property located at 2201 South harbor Boulevard in the City of Anaheim,
County of Orange, State of California, as generally depicted on the map attached hereto as
Exhibit A and incorporated herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately .43- acres, is developed with a
retail building. The property is located in the Commercial Recreation (C -R) District
(Development Area 1) of the Anaheim Resort Specific Plan 92 -2 (SP 92 -2). 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 March 11, 2013 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
Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for
and against said proposed conditional use permit 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 Variance No. 2013 -04919 to permit fewer parking spaces than
required by the Code for a restaurant should be approved for the following reasons
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(37 spaces required; 26 spaces proposed)
1. Based upon a parking demand/operational letter prepared by the applicant dated
December 26, 2012, determining that the proposed number of parking spaces would be
sufficient to accommodate the use, the variance, under the conditions imposed, if any, will not
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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;
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 proposed restaurant;
3. That the variance, under the conditions imposed, if any, 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 for the restaurant would adequately
accommodate peak parking demand on the site;
4. That the variance, under the conditions imposed, if any, will not increased 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
proposed use.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Variance No. 2013 -04919 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
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 Code, and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
BE IT FURTHER RESOLVED, that 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 Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the 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 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
March 11, 2013. 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.
CHAIR, ANAHEIM CITY PLANN COMMISSION
ATTEST: G
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 March 11, 2013, 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 l l day of March, 2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2013 -00001
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50 100 Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feel.
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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 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
March 11, 2013. 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.
U `1U�� I�l
CHAIR, ANAHEIM CITY PLAN G COMMISSION
ATTEST: !
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 March 11, 2013, 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 11 °i day of March, 2013.
ARY, ANAHEIM CITY PLANNING COMMISSION
-3 - PC2013 -025
EXHIBIT "A"
DEV NO. 2013 -00001
APN: 137 - 112 -14 h
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Source: Recorded Tract Maps and/or City GIS.
r� , Please note the accuracy is +/- two to five feet.
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EXHIBIT `B"
VARIANCE NO. 2013-04919
(DEV2013- 00001)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
GENERAL CONDITIONS
1
Complete a Burglary /Robbery Alarm Permit application,
Police
Form APD 516, and return it to the Police Department prior
to initial alarm activation. This form is available at the
Police Department front counter, or it can be downloaded
from the following web site:
http://www.aiiaheim.net/article.asp?id=678
2
Adequate lighting of parking lots, passageways, recesses,
Police
and grounds contiguous to buildings shall be provided with
lighting of sufficient wattage to provide adequate
illumination to make clearly visible the presence of any
person on or about the premises during the hours of
darkness and provide a safe, secure environment for all
person, property, and vehicles on -site. All exterior doors
shall have their own light source, which shall adequately
illuminate door areas at all hours to make clearly visible the
presence of any person on or about the premises and
provide adequate illumination for persons exiting the
building. Monument signs and addresses shall be well
lighted during hours of darkness. Minimum recommended
lighting level in all parking lots is .5 foot -candle
maintained, measured at the parking surface, with a
maximum to minimum ratio no greater than 15:1.
3
No required parking area shall be fenced or otherwise
Code
enclosed for outdoor storage.
Enforcement
4
That prior to the issuance of a building permit, street
Public Works,
improvement plans shall be submitted for removal of the
Development
driveway in Harbor Blvd. and for installation of sidewalk,
Services
curb, gutter irrigation and landscaping to the Public Works
Department, Development Services Division for review
and approval. All improvements shall be installed and
completed prior to final building and zoning inspections.
5
That prior to issuance of building permits, a bond shall be
public Works,
posted for all improvements identified as required for the
Development
project.
Services
6
That prior to issuance of building permits, the developer
public Works,
shall perform a minor sewer study and show a balance or
Development
net zero increase of drainage fixture units.
Services
7
That prior to issuance of a building permit, the developer
public Works,
shall comply with Ordinance No. 5209 and Resolution No.
Traffic and
91R -89 relating to the Transportation Demand
Transportation
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Management (TDM) by joining and financially
participating in the ATN and Clean Fuel Shuttle Program,
and by installing bicycle racks.
Services
8
The legal property owner shall submit an application fora
public Works,
Subdivision Map Act Certificate of Compliance to the
Development
Public Works Department, Development Services Division.
Services
A Certificate of Compliance or Conditional Certificate of
Compliance shall be approved by the City Surveyor and
recorded in the Office of the Orange County Recorder prior
to issuance of building permits.
9
The Property shall be developed substantially in accordance
Planning
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 (Site Plan),
Exhibit No. 2 (Floor Plan), and as conditioned herein.
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