Resolution-PC 96-123;~: ~
RESOLUTION N0. PC96-i23
A RESnLU('If';J OF THE ANAHEIM CITY PLANNING COMMISS!ON
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NOS. 90R-353, PC94-65 AND PC95-160 ADOPTEa iN CQNNECTION WITH
CONDITIONAL USE PERMIT NO. 3253
WHEREAS, on Septembor 11,1990, the Ciry Council adopted Resolution No. 9QR-353, in connection
with Conditional Use Permit tJo. 3253, permftting a~0-unit commerc'ial retail center includl~g i4,000 sq.ft. a.semi-
enclosed fast food restaurants and a 5,000 sq.ft. freestanding restaurant with outdoor seating anJ on-premises sale
and consun~ption of alcoholic beverages, and waivers of mintmum number of parking spaces, minimum structural
setback and prohibited roof-mounted equipment; and
WHEREAS, on June 1, 1994, the Flanning Commission adopted Resolutfon No. PC94-65 amending
certain condftions of approval contained in Resolution No. 90R~53; and
WHEREAS, on November 27, 1995, the Planning Commission adopted Resolution No. PC95-160
further amending the conditions of approval contained in Resdution Nos. 90R-353 and PC94-65•
WHEREAS, Richard A. DeBeikes, Jr., the property owner, has submitted a letter requesting
modffication of certain conditions of approval pertain(ng to maximum square footage for restaurant uses within the
subject commercial retafl center.
WHEREAS, subject property is currently developed with a commercial retail shopping center in
Development Area S"Commercial Area" of the Northeast Area Specffir, Plan (SP 94-1) and that the property is also
located in the SC "Scenic Garridor Overlay" Zone.
WHEREAS, the City Planning Commission did hdd a public hearing at the CNic Center In the Ciry
of Anaheim on December 9, 1996, at 1:30 p.m., notice of said public hearing having been duiy given as required
by law and in accardance with the provisions of the Anaheim Nlunicipal Caie, Chapter 18.03, to hear and
consider evidence for and against said prop~seci amendment and to investigate and make findings and
recommendat.ions in connection therewith; and
WHEREAS, sakl Commission, after due inspect(on, investigation and study made by lis2lf and in
its behalf, and after due consideration of all evidenc~ and reports offered at said hearing, dces flnd and determine
the foilowing facts: ,;~.~
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1. That, in accordz~ncE~with Section 18.03.092.060 of the Anaheim Municipal Godo, the Froposed
p e e htealth nsafery or general welfa ef and to rtpermft reasoinable operationunde rthe condi~tioria use permlit,
as originaily granted;
2. That the C'dy Traffic and Transportatfon Manager has determined that no addftionai parking is
needed for the proposed use since there will be no net increase in the cunent amount of total restaurant seating;
3. That approval of the subject request permits reasonable operation of the subject center withouc
known detriment to surrounding land uses; and
4. That no one ind(cated their presence at saftonuWic 'hea~ing in opposftfon; arxl that no
ccrrespondence was received in opposition to the subject pet
CR2793DM 1- PC96-123
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDIt~~: That the Anaheim City Planning
Commissfon has reviewed the proposal and does heroby Find that the Negative Qeclaratio~ oreviously appraved
in connection wfth Conditional Use Perrnit No. 3253 Is adequate to serve as the required environmental
documentation in connection wfth this request upon finding that the declaratfon reflects the independent
judgement of the lead agency and that it has conskJered the previously approved Nc~ative Declaration together
with any comments received dur(ng the public review process and further flndiRg on the basis of the (nitial study
and any comments received that there is no substant(al evidence that the project wGl have a sign~icant effect
on the environment.
NOW THEREFORE BE IT RESOLVED that the Anaheim Ciry Plannfng Commissfon does hereby amend
Resolution No. 90R-353, as amended by Resolution No. PC95-160 and adopted in cor.nection wkh Conditional
Use Permit No. 3253, as fdiows:
(a) That Conditfon No. 37 is amenced to read:
"37. The total aroa of restaurant uses shall noi exceed twenty six thousand forty (26,040) sq.ft. and shall
be limited to the fdlowing:
Reataurants requ r np ess pa 'mg may su sUtut or rss uranta requ nng more par ny i.s., a re uran w e anrviee may
axupy apacs enUUed for a fast food resteurant with 11 cuMomer seata or more)'
.~ ear Faet Food Fast ~ood Reataurarna adM Res~uaMS with
(3Pace #735) roata~uarns with restatuartts w8h tabb senice ouldoor :~ating
10 customer suats 10 wa0omer aeats tt aisEort~ seata
or less a{sae or more
1~Q sc.ft. total 1.672 sa.tt. total 4.442 sq.ft. total 5.779 sa.fl, total 12.907 s.f. total
Requira~d parking: Required packing: Hequired parking: Required pazking: Required parking:
5.5 spacea par 5.5 spaces per 16 spaces per 8 spaces per 8 spaces per
~,ooo ~.n. ~.ooo ~y.tt. ~,ooo ~.n. ~,ooo ~.n ~,ooo sq.tt.
(b) That a new Condition No. 38 is added to read:
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SECREfARY, A HEIM CIT( PLANNING COMMISSION
'38. That this amendment to Conditional Use Permit No. 3253 (Readvertised) is granted subject to the
approval of, and aompliance with, all condRians of approval for Conditional Use Permft No. 3881,
now pending. Further, that the increase to the maximum area of restaurant uses (one thousand
one hundred sixry three [1,163] sq.ft, shall be specific to the proposed outdoor din(ng area at 5645
East La Palma Avenue, #170 (Foscari's Ital(an Cuisine); and that the subject business shall b2
Iimited t~ a maximum of one hundred eighteen (118) seats (both inter(tir and exterior).'
THE FOREGOING RESOLUTION was adopted at the Plans~ing Commission meeting of
December 9, 1996.
aYJ~
CHAIRMAN, AN H M CITY PLANNING COMMISSION
ATTEST:
-2- PC96-123
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Sdor(o, Secretary of the Anaheim Ciry Planning Commissfon, do~hereby certffy
ihat the foregoing resoiution was pasr~ed and adopted at a meeting of the Anaheim Ciry Plann(ng
~ommission held on December 9, 1996, by the fdlowfng vote of the members therecf:
AYES: COMPAISSiONERS: BOS7WICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERA7A
NOES: COMMISSIONERS: NONE
ABSEM': COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this U! '~ ' day of ~~~.
1997.
SECR A Y, AHEIM CITY PLANNING COMMISSION
~_ PC:96-123