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2002-086RESOLUTION NO. 2002R-86 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2001-04466. WHEREAS, an application for zone variance was received from the property owner, or the owner's agent, to increase the seating in an existing restaurant (with accessory outdoor seating) within a commercial retail center in the CL(SC) (Commercial, Limited - Scenic Corridor Overlay) Zone, on the following described property: PARCEL 1: THAT PORTION OF THOSE CERTAIN PARCELS OF LAND SHOWN AS "MAX BAYHA 8.4.52 ACRES" AND "HERMINE BAYHA LOWE 7.806 ACRES", AS SHOWN ON A MAP FILED IN BOOK 7, PAGE 12 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, SHOWN AS LOT 2 ON THE PARCEL MAP RECORDED IN BOOK 74, PAGE 17 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OR ORANGE COUNTY. PARCEL 2: ALL EASEMENTS, RIGHTS, PRIVILEGES APPURTENANT TO SAID LAND AS PROVIDED IN THE DECLARATION OF RESTRICTIONS RECORDED DECEMBER 24, 1075 IN BOOK 11604, PAGE 949 OF OFFICIAL RECORDS; and WHEREAS, said application requests a zone variance from the following provisions of the Anaheim Municipal Code: Sections 18.06.050.020.021.0211- 18.06.050.020.022 18.06.050.020.023.0231 18.06.050.020.023.0233 18.06.080 18.12.060.110 and 18.44.066.050 Minimum number of parkinq spaces. (289 required; 192 proposed and concurred with by the City Traffic and Transportation Manager) WHEREAS, the Zoning Administrator of the City of Anaheim conducted a duly noticed public hearing upon said application, as a result of which Variance No. 2001-04466 was approved; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Zoning Administrator action at a public hearing noticed and held as prescribed by law and, as a result thereof, the City Council does hereby make the following findings: 1. That the parking waiver is hereby approved on the basis that the number of additional parking spaces required by the Zoning Code for the proposed additional seating is minimal (only 3 parking spaces) . 2. That the petitioner submitted a parking study prepared by a registered traffic engineer, RBF Consulting, dated September 28, 2001, to analyze the parking waiver and to determine whether adequate parking was available and the waiver was justified; and that the City Traffic and Transportation Manager reviewed the study, concurred with the findings, and determined that there will be sufficient parking for the proposal to increase seating for this existing restaurant. 3. That the parking study included parking counts during typical weekday and weekend periods, which are summarized in the parking analysis; that the peak parking demand experienced was on Saturday with 100 occupied parking spaces (52% utilization), which indicates a vacancy of 92 spaces; that similar findings were recorded for the weekday peak parking demand with 97 occupied parking spaces (51% utilization), indicating a vacancy of 95 spaces; and that based on these findings, there is ample parking provided on-site. 4. That City Traffic Engineering staff also conducted an on- site parking survey and determined that adequate parking was provided on-site during weekday peak hours. 5. That this commercial retail center is legally nonconforming in that it was developed over 25 years ago (in 1975) under parking requirements and standards which have since been up-dated; that some of the on-site parking spaces may not be conveniently located for every patron of all the various businesses in the center, but that subject restaurant (Eatacos Mexican Food) is located in an area with easily accessed parking; and that the various businesses in the center (restaurants, medical offices, services such as television repair, and retail businesses including a supermarket) and have different peak parking demands throughout the day and the week. WHEREAS, for each of the reasons hereinabove stated, the City Council does hereby further find, pursuant to Section 18.06.080 of the Anaheim Municipal Code, as follows: 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such 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; and 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; and -2- 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 (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code); and 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 such use; 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the same is hereby, granted on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: Sections 18.06.050.020.021.0211- 18.06.050.020.022 18.06.050.020.023.0231 18.06.050.020.023.0233 18.06.080 18.12.060.110 and 18.44.066.050 Minimum number of parkinq spaces. (289 required; 192 proposed and concurred with by the City Traffic and Transportation Manager) That said variance be granted subject to the following conditions: 1. That the granting of this parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 2. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 3. That permits shall be obtained from the Building Division if required for any improvements proposed in connection with this proposal. -3- 4. That prior to commencement of the activity herein approved, or within a period of one (1) year from the date of this decision, whichever occurs first, Condition No. 2, above-mentioned, shall be complied with. Extensions for further time to complete this condition may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 5. 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 City Council of the City of Anaheim 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of April, 2002. MA~OR OF ~E-CITY C~F ANAHEIM ATTEST: dITY CLERK OF THE CITY OF ANAHEIM 44479.1 -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-86 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of April, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None CI~I-Y' CLEF~ OF'THE CITY OF ANAHEIM (SEAL)