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Resolution-PC 97-142~ RESOLUTION NO PC97-142 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTIO ONDITIONAI- U E PERMIT NO. 325~ON WITI-I W;r~EREAS, on September 11, 1990, the Ciry Council adopted Resolution No. 90R-353, in connection with Conditional Use Permit No. 3253, to permit a 30-unit commercial retail center (including 14,000-square feet of semi-enclosed fast food restaurants) and a freestanding semi-enclosed restaurant with sales of alcoholic beverages for on-premises consumption with waivers of minimum number of parking spaces, minimurn structural setback, and prohibited roof-mounted equipment; and WHEREAS, on June 1,1994, the Planning Commission adopted Resolution No. PC94-65, in connection with Conditional Use Permit No. 3253, to amend certain conditions of approval contained in Resolution No. 90R-353; and WHEREAS, on November 27, 1995, the Planning Commission adopted Resolution No. PC95-160 further amending the conditions of approval of subject conditiQnal use permit; and WHEREAS, on December 6, 1996, the Planning Commission adopted Resolution No. PC96-123 further amending the conditions of approval of subject conditional use permit. WHEREAS, Richard A. DeBeikes, Jr. (property owner) requests modification of Condition No. 37 of Resolution No. PC96-123 which reads as follows: ~~37, The total area of restaurant uses shall nnt exceed 26,040 square feet and shall be limited to the following: ,,,x (Space N135) .a Fooa ~unnts wriW ra. .....,. rectaunnts w~it6 -- tabk arvia ~-~- wu~ lu cuatomer seau or f0 cvstaxr ~u~ a Il ~O°Kr ~~ °f leu ~ ~~ ~ '+~0 w, f~. totel 612 co tt. ~o~al ~,.. R.(d2 Ra. ft. to~al ~ 579 w. (t. total 12 907 s f. ft. tMal Reyuired parkin& Requircd perkin& 00 1 Required perkin~ 1G spaces Fxr 1~000 Requircd {+arkin~ 8 spacea per Requircd pork~~K 8 spetee per SS speces per 1.000 ~0 55 epaxs per sq. (t. 1.000 s9. ft. 1~000 sq. tt. "' sq. ft. sq. ft. (Reatauran~s requiring leas perking may be cubciitu~ed fur rextaurar.ta rcquiring more perkinB (i•a•~ e rcstaursnt with table servia may ~~py ~patt entitled for a fest (ood res~e~reN "'~~h »~uatomer ceau or more). -1- PC97-142 CR3063PL.WP ~ ~ WHEREAS, subject property is developed with a commercial retail shopping center in Development Area S(Commerce 1 Area) of the S~94-1 (Northeast Area Speci ic d in the SC (Scenic Corridor Overlay) Zone; Plan); and that the property is also locat WHERE.AS, the City Planni eg ember 29, 1997, at 1 30 p.m., noti egof ~ e Civic Center in the City of Anaheim e n~ Pequired by law and in accordance with public hearing having been duly g rovisions of the Anaheim Municimendment and4to inv~estigate and makelf ndengseand p ainst said proposed a for and ag recommendations in connection t;erewith; and WHEREAS, said Commission, a fteride ation of~all~eviden c~etand reportso f fe e d a t itself and in its behalf, and after due cons said hearing, does find and determine the following facts: i iiat =!l~dification, including the imposition of additional conditions, ls 1. .. eace, health, safety or g~neral welfare, and to rotect ~~P nublic p ermit as granted; reasonably necessary p ~,ration under the conditional use p necessary to permit reasonable op • Traffic and Transportation ivlanager has approved a re- 2, That the City ft. of allocation of lease space which considers both Alternatives for use of the 5,779 sq. Building A; ermits reasonable operation of the subject g, That approval of this request p center without known detriment to surrounding land uses; That no one indicated their presence at said public hearing in opposition; and 4• osition to the subject petition. that no correspondence was recaived in opp CALIF RNIA ENVIRONMENTAL UALIT'Y •4CT FINDING: That t e ro osal and does hereby find that Anaheim City Planning Commission has reviewed the p p Ne ative Deciaration previously approved in connection with Conditional Use Permit the g ement of No. 3253 i~ adequate to serve as the Teqdeclaration reflects the ind pendent ju~gnnection with this request upon finding that th reviously approved Negative Declaration Yhe lead agency and that it has considered the P ublic review process and further ~nding together with any comments received during the p the basis of the initial study and any.~ca meffect on~the nv'i onmenL no substantia on evidence that the project will have a signi i Commission does hereby NOW `~EREFORE BE IT RESOLVED that the Planning end Condition No. 37 of Resolution No. 90R-353, as amended by Resolution Nos. EC9 - ion with Conditional Use Permit No. 3253, to am 65 and PC95-160, and as ad~pted in connec - read as follows: PC97-142 L. ~ ~ 3~, That the total area of restaurant uses shall not exceed twenty four thousand two hundred sixty one (24,261) square feet and shall be limited to the following: Juice 13ar (Space #135) r aaa 1' V~u restaurants with ---- restaurants with outdoor seating 10 customer seats or 10 customer seats or 11 customer seats or less less more 1 300 sq. ft• tocal 1 612 s~ q• ft• ~otal Yy442 sq. R. total 12.907 s.f. ft. total Required parking: Required parking: Required parking: Required parking: er i.5 spaces per 1,000 5.5 spaces per 1,000 16 spaces per 1,000 8 spaces p 000 sq. ft. 1 S~ 4 Sa, f~, sq. ft. , ___._ .._..,~ ...,.,,,.,.,.. mnre nar me {i.e., a resmurant w~ ta e servue may Rl"51JU~u~~~ ~..yu.....fj .__. ~_"'"'"'., occupy space entitled for a fast faod restaurant with 11 customer scats or more . THE FOREGOING RESOLUTION as a opt at t ing Commission meeting of September 29, 1997. ~ ~ ~ ANAHEII~f CITY PLANNiNG COMMISSION ~,~ ~, :~ '~ ' ~ ~ ~~~tiw-~ SECicETAR ANAHEIM CITY rLANNING COMMISSION STATE OF CALIFOItNIA ) COUNTY OF O?2ANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, du hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Comrr.ission held on September 29, 1997, by the following vote of the members thereof: AYES: COMMISSIONERS: °v1'DSTUN, BRISTOL, HENNINGER, MAYER, NAPOLES NOES: COMMISSIONLRS: NONE ' ABSHNT: COMMISSIONERS: BOSTWICK, PERAZA ~ day of IN WITNESS WHEREOF, I have hereunto set my hand this ~ , 1997. ti~,~~~ SECRETARY, ANAHEIM CITY PLP,NNING COMMISSION _3_ PC97-142