Resolution-PC 96-734:~ ~
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RESOLUTI N N • i'C96-~3
A RESOLUTION OF THE ANAHEIM CIT't( PIJWNiNG COMMISSION
AMENDING CERTAIN CONDITIOt~S OF APPAOVAL OF
RESOLUTION NO. P(:96-78 ADOPTED IPI CONNECTION WITH
CONDiTiONAL USE PERMIT NO. 3822
WHEREAS, on Febn~ary 5, 1~6 the Planning Commission adopted Resolution Nd. FC96-23
~~~din91~ ~ of min mum n mber of p~arki~g spaces); n d~~through resiauran: [(n a former bank
WHEREAS, on May 19, 1992, the Ciry CouncH amended Title 18 ' Zontng Code` Per'~ain(ng to
'I~ndscaping RequiremeMs - General; and that, as a res~Y, increased lendsca~pi~91~ ~~ing~new
applicable to all new constructlon and~ in the case oi previousl~ developod pr Pe
eMitlemerrts, trees alon9 street fr°~~9~ are rypica~~y required as spec6~ed bY Condition No. 5 of subject
conditional use pertnit~ whtch reads as fdlows:
'S. 7hat a minlmum of fourteen (14), minimum fiftF~en (15j gallon sized, trees shall be planted and
ma(Mained wRh appropriate irrigation facAi4i~ along the La Palma Avenue and Chrisclen Street
nontages.'
WHEREAS, the Zonin9 Code Permits the required number af trees to be dustered in the required
street setback; and that the ahove-montioned Condftian No. 5 raquires 14 trses based on the Iinear strest
froncages (280 feet) immediately adJacent to subJoct fa~ food resteurant; and that the intent of Corxlftion
No. 5 is that the required trees be ~laMed on both streets at t~ ratio of at least one tree per 20 Unear feet;
WHEREAS, subJect property is deveioPed wfth a r.cmmercfal retait center and fs zoned CL(SC)
(Commercial, Limited - Sce~ic Corridor Oveday);
WHEREAS, Richarcl L Anderson, architect r9presendng the properry owner, has submilted a letter
dated June 3, 1996 stating a visual hardship will be placed on the property and the proposed restaurant ff
the required trees are plaMed; and that the petitioner has indicated that the existing landscape design for
the shopping cerder does rwt ~nclude the density of trees required by Co~diNon No. 5 arxi, further, that
pisnting the trees would reduce visibUity of the restauraM.
WHEREAS, the Ci.ry Plannfng Commisslon did hold a pubtlc hea~ing at the CNic Center in
the City of Anaheim on July 22, 1996~ at 1.30 P.m., notice of sald public hearing having been duly gNen
as required by law and in accordance with the provisions of the Anahefm Municipal Code, Chapter 18.03,
to hear and consider evidence fo~ and against s~'~ proposed amendmern and to irnestigate arxi make
findings and recommendations !n connection therewith; and
WHEREAS, said Commiss(on, after due inspection, irnestigatlon and study made by itself
and in fts behalf, and after due consideration of all evidence and reports offered at said hearing, does flnd
arxi detertnine the fdlowing iacts:
S. That deletion of CorxJition No. 5 is hereby denied on the basi~ that the 14 required trees
along la Pafma Avenue and Ch~isden Street can be clustered arrd ~larrted to maintain dear visibiflty to
the commercial usAS;
2. That subJect condiUuna~ ~se Pertnit~ ~nduding the ~mendmerrt arxl imposftlon of addm~ na~
concJitions thereto, is necessary to pennft reasonabla oPeraUon under the conditional use pe
granted; and
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CR2706DM.WP
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3. That no ` one indicateri their presence at safd pubUc hearing in oppositlon; and that no
correspondence was received ir~ opposltion to the subject peticion.
GA~IFORNIA ~NVIRONMENTAL QUAUTY AGT FlNL~ING: That the Anaheim Ciry Planning
Commtssion has reviewed the proposal a~d does hereby fi-xi that the Negative Dedaration previousiy
approved in connectlon wfth Condftior.al Use Permft No. 3822 is adequate to serve as the requ(red
ernironmental documentatlon in connection with this request upon Hruiing that the dedaration reflects the
indeper-deM judggment of the lead agency and that it has c~nsidered the prevtously approved NegatNe
Dedaration together with any comments received during the publk review process and further ftnd(ng on
the basis of the initia! study and any comments received that there is no substantfal evidence that the
project wAI have a signiBcant effect on the erniro~merrt.
NOW THEREFORE BE IT RESOLVED THAT the City Planning Commisston does he~eby
amend Resdutlon P~o. PC:~J6-23, adopted in connectton wlth Condftional Use Permft No. 3822, as fdlows:
(a) qmend Condition No. 5 to read as fdlows:
'5. That within a period of tv-o (2) months ftom the date of this resoluNon, a minlmurn of fourteen
(14), min(mum flftaen (15) gailon sized, trees shall be plar:ted and maintained with approprlate
irrtgatton facilities along the entire frontage of La Palma Avenue and/or Chrisden Street; and that
ths two (2) existing trees adjacent to La Palma Avenue may be counted towards said fo~rteen
requlred trees.'
(b) Add the fdlowing condftion:
'14. That within a period of sixty (60) days ftom the date of this resolution, a cement wafkway
or a stepping stone pathwaY shafl be Incorporated into the landscaptng at the comer of
Ch~isden Street and La Palma Avenue.'
THE FOREGOING RESOLUTION was adopted at the Planning Commisslon meeting uF
July 22, 1996.
CHAIRMAN, ANAHEIM CITY LANNING COMMISSION
A1TES . / ~`"`
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SECR ARY, AHEIM CITY PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM )
I, Margarita Sdorio, Sec~etary of the Anaheim City PIar~Nng Commtssion, do hereby certity
that the foregoing resducion was passed and adopted at a meeting of the Anaheim Ctty Plannfng
Commis~fon held on July 22, 1996, by the fdlowing voie of the members thereof:
AYES: COMMISSIONERS: BOSiWICK, BOYDSTUN, BRISTOL, FlENNINGER, MESSE, PERAZA
I~OES: COMMISSIONEAS: NaNE
ABSENT: COMMISSIONERS: MRYER
IN WITNESS WHEREOF, I have hereuMo set my hanc! this l`''~'~ ~ day of l,~'~~
1996. ~~ta"~
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SECH ARY, AHEIM CITY PLANNING COMMISSION
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PC96-73