Resolution-PC 2011-039RESOLUTION NO. PC2011 -039
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND AMENDING CONDITIONAL USE PERMIT NO. 3881
(DEV2010- 00123)
(5645 EAST LA PALMA AVENUE #170)
WHEREAS, on December 9, 1996, the Anaheim City Planning Commission
( "Planning Commission "), by its Resolution No. PC96 -124, approved Conditional Use Permit
No. 3881, in part, to penult a 1,163 sq. ft. expansion (outdoor seating) and on- premises sale and
consumption of alcoholic beverages in an existing 4,390 sq, ft, restaurant (for a total of 5,553 sq.
ft.) with waivers of minimum landscaped setback and minimum number of parking spaces for
that certain real property located at 5645 East La Palma Avenue, Unit #170, in the City of
Anaheim, County of Orange, State of California, as more particularly shown on Exhibit "A"
attached hereto and incorporated herein by this reference; and
WHEREAS, the Planning Commission did receive a verified Petition for an
amendment to Conditional Use Permit No. 3881 to delete Condition No. 6 of Resolution No.
PC96 -124 which reads as follows:
"6. That there should be a maximum of one hundred eighteen (118) seats (both
indoors and outdoors) at any time."
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on May 9, 2011, 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 the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
amendment to conditional use permit and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, said 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, does find and determine the following facts:
1. The proposed request to delete Condition No. 6 of Resolution No. PC96 -124 in
the Northeast Area Specific Plan, Commercial Area (Development Area 5 - Scenic Corridor
Overlay) (SP94 -1, DA5) (SC) zone is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.120.100.050.0522 (Restaurants).
2. The proposed amendment to the conditional use permit to delete a condition of
approval, as conditioned herein, would not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located because the demand for
parking will not exceed the parking spaces provided for this request as identified in the parking
study prepared for the amendment to Conditional Use Permit No. 3253, now pending.
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3. The size and shape of the site for the use is adequate to allow the full development
of the existing restaurant in a manner not detrimental to the particular area or to the health and
safety because the existing restaurant use is located within an existing commercial retail center
and is surrounded by compatible commercial uses.
4. The traffic generated by the restaurant will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the majority
of traffic generated by this use will occur after the highest peak afternoon hours on the adjacent
highways.
5. The granting of the conditional use permit and the variance under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as
the restaurant is compatible with the surrounding area because the use is integrated with other
uses on the property and is not a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission for the
reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No.
3881 to delete Condition No. 6 of Resolution PC96 -124.
BE IT FURTHER RESOLVED, that amendments, modifications and revocations
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 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.
BE IT FURTHER RESOLVED 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, except as expressly amended herein, the
provisions of Resolution No. PC96 -124, approving Conditional Use Permit No. 3881, shall
remain in full force and effect.
PC2011 -039
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 wasadopted at the Planning Commission
meeting of May 9, 2011.
AI 1EST:
AI D
CHAIRMAN, ANAHE CITY PLANNING COMMISSION
SENIOR SECT > TARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior 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 May 9, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of May, 2011.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
11099
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