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Resolution-PC 2012-007RESOLUTION NO. PC2012 -007 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING VARIANCE NO. 2012-04885 (DEV2012- 00001) (518 SOUTH BROOKHURST STREET, SUITES 1 AND 2) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition for Variance No. 2012 -04885 to establish a restaurant within an existing commercial retail center with less parking than required by Code for that certain real property located at 518 South Brookhurst Street in the City of Anaheim, County of Orange, State Of California, as more particularly shown in Exhibit "A ", attached hereto and incorporated herein by this reference (the "subject property "); and WHEREAS, this 1.3 -acre property is developed with a 19,440 square foot commercial retail center. The property is located in the C -G (General Commercial) zone and the Anaheim General Plan designates the property for Corridor Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 13, 2012, 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 variance 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 with respect to the requested restaurant with fewer parking spaces than allowed by code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (130 spaces required; 88 spaces proposed) 1. The variance, under the conditions imposed, will not cause fewer off - street parking spaces to be provided for the proposed restaurant than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions because the on -site parking within the shopping center will adequately accommodate peak parking demands for all uses combined. The submitted parking justification letter states that, because the two businesses with the highest parking demand (the proposed restaurant and an existing Hookah Lounge) have non- conflicting peak hours, that ample parking will be available on -site. Parking surveys were also conducted during the peak daytime and early evening hours when a maximum of 29 parking spaces, or 33% of the total spaces available, were occupied. - 1 PC2012 -007 2. 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 because the on -site parking will be adequate to accommodate the peak parking demands of the proposed restaurant. 3. The variance will not increase traffic congestion within the off - street parking areas provided for the restaurant since all parking is contained on -site and will not encroach into other parking facilities and the supply of parking is adequate for the restaurant. Further, the project does not propose new ingress or egress points and is designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the subject site. 4. The granting of 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 proposed land use will be 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 Anaheim City Planning Commission does hereby approve Variance No. 2012- 04885, subject to the conditions of approval described in Exhibit `B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. 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. 2 - PC2012 -007 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 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 was- adopted at the Planning Commission meeting of February 13, 2012. ATTEST: SENIORS RETARY. NAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION 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 February 13, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this 13 day of February, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 - PC2012 -007 EXHIBIT "A" DE's' NO. 2012 -00001 APN: 128 - 171 -55 W ORANGE AVE 275' 275' AV Source. Recorded Tract Maps and/or Crty GIS. Please note the accuracy Is +1- two to five feet 4 PC2012 -007 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Planning 2 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2 (Site Plan and Floor Plan), and as conditioned herein. Planning EXHIBIT "B" VARIANCE NO. 2012-04885 (DEV2012- 00001) - 5 - PC2012 -007