Resolution-PC 2002-165• •
RESOLUTION NO. PC2002-165
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-4616 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL A: THAT PORTION OF LOT 1 OF WALNUT COLONY TRACT, AS
SHOWN ON A MAP FILED IN BOOK 1, PAGE 14 OF RECORD OF SURVEYS, IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID LOT 1 OR
ITS NORTHERLY EXTENSION AND THE CENTERLINE OF KATELLA AVENUE
AND RUNNING THENCE SOUTH ALONT SAID WEST LINE 280 FEET; THENCE
EASTERLY 200.00 FEET PARALLEL WITH THE CENTERLINE OF SAID
KATELLA AVENUE TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN A
DEED TO JOHN E. CRADDOCK AND WIFE, RECORDED FEBRUARY 25, 1944
IN BOOK 1238, PAGE(S) 246 OF OFFICIAL RECORDS, THENCE NORTHERLY
280.00 FEET PARALLEL WITH THE WEST LINE OF SAID LOT 1 TO THE
CENTER LINE OF SAID KATELLA AVENUE; THENCE WESTERLY 200.00 FEET
ALONG SAID CENTERLINE TO TH_E POINT OF BEGINNING,_ ___
EXCEPT THEREFROM THE WEST 100.00 FEET.
PARCEL B: THE WEST 100.00 FEET OF THAT PORTION OF LOT 1 OF
WALNUT COLONY TRACT, AS SHOWN ON A LICENSED SURVEYOR'S MAP
FILED IN BOOK 1, PAGE 14 OF RECORD OF SURVEYS, IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTIONOF THE WEST LINE OF SAID LOT 1 OR
ITS NORTHERLY EXTENSION AND THE CENTERLINE OF KATELLA AVENUE
AND RUNNING THENCE SOUTH ALONG SAID WEST 280 FEET; THENCE
EAST AND PARALLEL WITH THE CENTERLINE OF KATELLA AVENUE, 150
FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID LOT 1, 280
FEET TO A POINT IN THE CENTERLINE OF KATELLA AVENUE; THENCE
WEST ALONG SAID CENTERLINE 150 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 4, 2002 at 1:30 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
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said 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 proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.48.020.050.0505 and 18.48.070.050.0511 to permit the expansion
of a restaurant within a legal nonconforming retail center with waiver of the following:
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Sections 18.06.050.020.022 - Minimum number of rectuired parkinq spaces.
18.06.050.020.023.0231 (76 spaces required; 60 spaces existing and proposed)
18.06.080
and 18.48.110.120
2. That the parking waiver is hereby approved based on the information and conclusions set
forth in the approved Parking Study prepared by Traffic Safety Engineers and dated August 5, 2002 (as
modified to reflect that the proposed uses would generate a peak parking demand of 43 parking spaces),
and the City Traffic and Transportation Manager's determination that the existing 60 parking spaces will
be adequate to serve the proposed uses and, as conditioned herein, the traffic generated by the
proposed use will not impose an undue burden upon the streets and highways designed and improved to
carry traffc in the area.
3. That the waiver, under the conditions imposed, 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 the approved Parking Study indicates that the peak parking demand for full
occupancy of the retail center, including the proposed expanded restaurant, is projected to be 43 parking
spaces which is lower than the existing 60 parking spaces.
4. That the waiver, under the conditions imposed, will not increase the demand and
cornpetition for parking spaces upon the public streets in the immediate vicinity of the proposed use
because the approved Parking Study indicates that the existing parking lot will accommodate the retail
center's peak parking demand (the peak parking demand for the site is 43 spaces, which is lower than the
6Q_p.arking spaces currently.provided_);_ and that on-street.parkin~ is not permitted on Katella Avenue, the
public street adjacent to the subject property, and although on-street parking is permitted on Casa Vista
Street, said street is located approximately 218 feet to the east of the subject property.
5. That the waiver, 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 underlying retail center parking lot is physically separated from adjacent properties and
the peak parking demand of 43 parking spaces is lower than the 60 parking spaces provided.
6. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking lot provided for the proposed use because the 60 existing spaces will more than
accommodate the projected peak parking demand of 43 parking spaces; and that two driveways on
Katella Avenue currently serve this retail center and provide access to the property.
7. That the waiver, under the conditions imposed, 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 underlying retail center is physically separated from adjacent private properties (there is an
approximately 325-foot distance between this retail center's westernmost ariveway and the residentiai
street to the west and a distance of approximately 78 feet befinreen the retail center's easternmost
driveway and the hotel driveway to the east); and that the design of the parking lot and access driveways
does not impede vehicular ingress to or egress from adjacent properties.
8. That the proposed use which is located in the Commercial Recreation District
(Development Area 1) of the Anaheim Resort Specific Plan No. 92-2 (SP 92-2), as conditioned herein, will
not adversely affect the adjoining land uses and the growth and development of the area in which it is
located because the proposal brings the property into greater conformance with the intent of the Anaheim
Resort Specific Plan by expanding a use which is permitted in the Specific Plan Zone and by enhancing
the property's appearance by refurbishing the property and installing new landscaping in the setback area
south of Katella Avenue.
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9. That the size and shape of the site for the proposed use is adequate to allow fuil
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
10. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
11. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
12. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That the property owner/developer shall comply with the following Conditions of Approval as set forth
in Ordinance_No. 5454 adopted by the City Council on September 27, 1994 in connection with the
adoption of The Anaheim F2esort Specific Plan No. 92-2:
No. 8. That prior to the issuance of each building permit, plans shall be reviewed and approved by
the Fire Department as being in conformance with the Uniform Fire Code.
No. 27. That the property owner/developer shall be responsible for the removal of any on-site graffiti
within twenty four (24) hours of its application.
No. 32. That prior to the issuance of each building permit, the Anaheim Police Department shall
review and approve plans for safety, accessibility, crime prevention, and security provisions
during both the construction and operative phases.
No. 33. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the
Streets and Sanitation Division of the Public Works Department, and in accordance with
approved plans on file with said Department. Such information shall be specifically shown
on the plans submitted for building permits.
2. That prior to the commencement of the restaurant activity authorized by this resolution or prior to final
building and zoning inspections, whichever occurs first, 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 No.1, and as
conditioned herein.
3. That the granting of this parking waiver shall be contingent upon operation of the approved use in
conformance with the assumptions relating to the operation and intensity of the 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 as contained in the parking demand
study shall be deemed a violation of the express conditions imposed upon this waiver which shall
subject said waiver to termination or modification pursuant to the provisions of Section Nos.
18.03.091 and 18.03.092 of the Anaheim Municipal Code.
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4. 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.
5. That prior to commencement of the restaurant activity authorized by this resolution or prior to final
building and zoning inspections, whichever occurs first, the `Taifor's' sign on the north elevation of the
subject building shall be removed and the existing 'Tacos Mi Pueblo' sign shall be centered over the
restaurant tenant space.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 4, 2002. ~
ATTEST:
~C~C-~~_ _`~'~~~~ -~
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
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 November 4, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this /~~ day of
//l ~ /~/yt ~lh. , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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