2000-025RESOLUTION NO. 2000R-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL IN CONDITIONAL
USE PERMIT NO. 4135 AS SET FORTH IN RESOLUTION
NO. PC99-129.
WHEREAS, on July 7, 1999, Resolution No. 99-129 was
adopted by the Anaheim City Planning Commission to approve
Conditional Use Permit No. 4135, in part, and permit expansion of an
existing restaurant, addition of an outdoor dining area in
conjunction with conversion of two units into a restaurant,
subdivision of three units into three retail units and nine office
units for a total of 55 units in the conunercial center, and
construction of three monument signs, with waivers of permitted
connnercial identification and minimum number of parking spaces);
that construction of a 1-story retail pad building with roof-mounted
equipment and construction of a fourth monument sign were denied;
and
WHEREAS, this property is developed with a one and two-
story 55,557 sq.ft. conunercial retail center in the CL (SC)
(Conunercial, Limited - Scenic Corridor Overlay) zone; and that the
Anaheim General Plan Land Use Element designates the property for
General Commercial land uses; and
WHEREAS, the petitioner requests approval to construct
one retail pad building with roof-mounted equipment, to subdivide
one unit into an office unit and a retail unit (for a total of two
units) and, for waiver of the minimum number of parking spaces (347
required, 290 proposed), (collectively the ~Expansion") and to amend
the conditions of approval pertaining to permitted monument signs
and maximum number of units in an existing conunercial center
relating to said proposed expansion; and
WHEREAS, the City Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim on October 11,
1999 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, adopted its Resolution No. PC99-180 approving amendments to
Conditional Use Permit No. 4135, in part; and
WHEREAS, thereafter, within the time permitted by law,
an interested party did appeal, or the requisite number of
members of the City Council did set for review, the decision of
the Planning Commission in Resolution PC99-180; and
WHEREAS, the City Council held a duly noticed public
hearing on November 16, 1999, which hearing was continued to
January 11 and February 8, 2000, at which hearing the City
Council did receive and consider evidence, both oral and
documentary, relating to said request; and
WHEREAS, the City Council does find, after careful
consideration of the action of the City Planning Commission and
all evidence and reports offered at said public hearing before
the City Council, that all of the conditions and criteria set
forth in Section 18.03.030.030 of the Anaheim Municipal Code to
expand and amend said Conditional Use Permit No. 4135 are not
present for each of the following reasons:
1. That the proposed Expansion (as hereinabove defined)
will adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located due
to the lack of sufficient off-street parking spaces currently
existing on the property to accommodate additional parking needs
and traffic which would be generated from the Expansion; and
2. That the size and shape of the site proposed for the
use is not adequate to allow full development of the proposed
Expansion in a manner not detrimental to the particular area nor
to the peace, health, safety, and general welfare for the reasons
more fully set forth in paragraph 1 above.
3. That the granting of the proposed modification to
Conditional Use Permit No. 4135 would be detrimental to the
peace, health, safety, and general welfare of the citizens of
Anaheim for the reasons more fully set forth in paragraph 1
above.
WHEREAS, with regard to the requested code waiver
pertaining to minimum number of off-street parking spaces to be
provided and available on the property in conjunction with the
proposed Expansion, the City Council does further find that all
of the conditions and criteria set forth in Section 18.06.080 of
the Anaheim Municipal Code are not present, and that said waiver
of off-street parking requirements should be denied, for the
following reasons:
1. That the proposed waiver would cause fewer off-street
parking spaces to be provided for the Expansion (in conjunction
with the other uses on the property) than the number of spaces
necessary to accommodate all vehicles attributable to such uses
under the normal and reasonably foreseeable conditions of
operation of such uses because the proposed diminution in the
number of parking spaces available in conjunction with the
proposed Expansion will further exacerbate the lack of adequate
off-street parking spaces on the property;
2. That the waiver will increase the demand and
competition for parking spaces upon the public streets in the
immediate vicinity of the proposed Expansion for the reasons set
forth in paragraph 1 above; and
3. That the waiver will increase traffic congestion within
the off-street parking areas or lots provided for such use for
the reasons set forth in paragraph 1 above.
WHEREAS, the City Council hereby finds and determines
that the amendment of said conditions of approval is not
reasonably necessary to protect the public peace, health, safety
or general welfare, nor necessary to permit reasonable operation
under said Conditional Use Permit No. 4135 for the reasons
hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED by the
the City of Anaheim that Conditional Use Permit
approved by Resolution No. PC99-129 be, and the
affirmed.
City Council of
No. 4135 as
same is hereby,
BE IT FURTHER RESOLVED that said petition to amend said
Conditional Use Permit No. 4135, and the conditions of approval
thereof, be, and the same is hereby, denied and that Resolution
No. 99-129 shall remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 8th day of February,
2000.
A~O~R~ OF ANAHEIM
ATTEST:
~F THE CITY OF ANAHEIM
28275.1
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. 2000R-25 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 8th day of February, 2000, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 2000R-25 on the 8th day of February, 2000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 8th day of February, 2000.
THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-25 was duly passed and adopted by the City Council of the
City of Anaheim on February 8th, 2000.
OF THE CITY OF ANAHEIM