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Resolution-PC 2013-025RESOLUTION NO. PC2013 -025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2013-04919 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00001) (2201 SOUTH HARBOR BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified petition for Variance No. 2013 -04919 (herein sometimes referred to as the 'Proposed Project ") to permit a restaurant within an existing building with less parking spaces than required by the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 2201 South harbor Boulevard in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately .43- acres, is developed with a retail building. The property is located in the Commercial Recreation (C -R) District (Development Area 1) of the Anaheim Resort Specific Plan 92 -2 (SP 92 -2). The Anaheim General Plan designates the property for Commercial Recreation land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 11, 2013 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 Chapter 18.60 of the Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of the repair, maintenance, and /or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the 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 Variance No. 2013 -04919 to permit fewer parking spaces than required by the Code for a restaurant should be approved for the following reasons SECTION NO. 18.42.040.010 Minimum number of parking spaces. (37 spaces required; 26 spaces proposed) 1. Based upon a parking demand/operational letter prepared by the applicant dated December 26, 2012, determining that the proposed number of parking spaces would be sufficient to accommodate the use, the variance, under the conditions imposed, if any, will not - 1 - PC2013 -025 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; 2. That 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 adequately accommodate the peak parking demands of the proposed restaurant; 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on -site parking for the restaurant would adequately accommodate peak parking demand on the site; 4. That the variance, under the conditions imposed, if any, will not increased traffic congestion within the off -street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the Property and are designed to allow for adequate on -site circulation; and 5. That the variance, under the conditions imposed, if any, 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 project site has existing ingress or egress access points that are 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 proposed use. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2013 -04919 subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the 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 Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 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- PC2013 -025 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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 March 11, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANN COMMISSION ATTEST: G 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 March 11, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this l l day of March, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2013 -025 EXHIBIT "A" DEV NO. 2013 -00001 APN: 137 - 112 -14 r a a U Q t — 1 0 S MALLU( O 9 W WILKEN WAY W WILI<EN WAY co 175' C m O 200' m tY a ANA EI = GARDEN GROVE 1� i i i i W YUCCA AVE 1 1 D 1 L) 1 1 1 1 1 50 100 Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feel. -4- PC2013 -025 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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 March 11, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. U `1U�� I�l CHAIR, ANAHEIM CITY PLAN G COMMISSION ATTEST: ! 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 March 11, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 11 °i day of March, 2013. ARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2013 -025 EXHIBIT "A" DEV NO. 2013 -00001 APN: 137 - 112 -14 h a U U Q s MALLU(� W WILKEN WAY W WILKEN WAY m 175' K rn O 200' m tr Q ANA 1i E = � GAgDEN GROVE 1 i i i i W YUCCA AVE 1 1 D 1 m 1 N — t 1 1 1 1 1 Source: Recorded Tract Maps and/or City GIS. r� , Please note the accuracy is +/- two to five feet. -4- PC2013 -025 EXHIBIT `B" VARIANCE NO. 2013-04919 (DEV2013- 00001) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 Complete a Burglary /Robbery Alarm Permit application, Police Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.aiiaheim.net/article.asp?id=678 2 Adequate lighting of parking lots, passageways, recesses, Police and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Monument signs and addresses shall be well lighted during hours of darkness. Minimum recommended lighting level in all parking lots is .5 foot -candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. 3 No required parking area shall be fenced or otherwise Code enclosed for outdoor storage. Enforcement 4 That prior to the issuance of a building permit, street Public Works, improvement plans shall be submitted for removal of the Development driveway in Harbor Blvd. and for installation of sidewalk, Services curb, gutter irrigation and landscaping to the Public Works Department, Development Services Division for review and approval. All improvements shall be installed and completed prior to final building and zoning inspections. 5 That prior to issuance of building permits, a bond shall be public Works, posted for all improvements identified as required for the Development project. Services 6 That prior to issuance of building permits, the developer public Works, shall perform a minor sewer study and show a balance or Development net zero increase of drainage fixture units. Services 7 That prior to issuance of a building permit, the developer public Works, shall comply with Ordinance No. 5209 and Resolution No. Traffic and 91R -89 relating to the Transportation Demand Transportation -5- PC2013 -025 -6- PC2013 -025 Management (TDM) by joining and financially participating in the ATN and Clean Fuel Shuttle Program, and by installing bicycle racks. Services 8 The legal property owner shall submit an application fora public Works, Subdivision Map Act Certificate of Compliance to the Development Public Works Department, Development Services Division. Services A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Surveyor and recorded in the Office of the Orange County Recorder prior to issuance of building permits. 9 The Property shall be developed substantially in accordance Planning 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 No. 1 (Site Plan), Exhibit No. 2 (Floor Plan), and as conditioned herein. -6- PC2013 -025