Resolution-PC 99-154RESOLUTION NO. PC99-154
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DELETING CONDITON NO. 38 OF RESOLUTION NO. 90R-352,
AMENaED BY RESOLUTION N0. PC96-1^5 AND ADOPTED IN CONNECTION WITH
COtdDITIONAL USE PERMIT NO. 3304
WHEREAS, on September 19, 1990, Resolution No. 90R-352 was adopted by the
Anaheim City Councii to grant Conditional Use Permit No. 3304 and permi4 a 47-unit, 121,499 sq.ft.
commercial retail ~hopping center including a 1,000 sq.ft. service station with a food mart with fast food, a
45,000 sq.ft, market, an 5,000 sq.ft. semi-enclosed restaurant with sale of alcoholic beverages for on-
premises consumption, a 7,800 sq.ft, drug store, and a 4,524 sq.ft. freestanding bank, and with waivers of
minimum structurai and landscape setback from a scenic highway, permitted commercial entry signs,
minimum number of parking spaces, required wall height adjacent to Canyon Creek Road, and roof-
mounted equipment requirements on property located 731 South Weir Canyon Road; and
WHEREAS, on December 7, 1998, Resolution No. PC98-195 ~vas adopted by the
Planning Commission to permit and retain a 416 sq. ft. outdoor dining area in conjunction with an existing
2,609 sq.ft. restaurant with sale of beer and wine for an-premises consumption; and that said resolution
includes the following condition of approval:
"38. That the vacant outdoor dining area located at the northwest corner of the commercial
shopping center shall be removed and replaced with landscaping. A landscape and irrigation
plan for subject area shall be submitted to the Zoning Division for review and approval. Any
decision made by the Zoning Division regarding said plan may be appealed to the Planning
Commission and/or City Council."
WHEREAS, this property is developed with a commercial shopping center, including
subject restaurant (First Class Piua), in Deveiopment Area 2 of the Sycamore Canyon Specific Plan
(SP88-1); that the development standards of the CL(SC) (Commercial, Limited - Scenic Corridor Overlay)
Zone apply to this Development Area; and that the Anaheim General Plan designates this property for
General Commercial land uses.
WNEREAS, the petitioner requests deletion of Conditions No. 38, above-mentioned,
authority of Code Section 18.03.092 in order to retain the concrete patio slab associated with the vacant
outdoor dining area located at 701 South Weir Ganyon Road instead o.f replacing it with landscaping; and
WHEREAS, the City Planning Commission did hold a~ublic hearing at the Civic Center
in the Ciry of ~naheim on August 16, 1999 at 1:30 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
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigatian and study made by
its~if and in its behalf, and after due consideration of all evidence and reports o~fered at said hearing,
does find and determine the foilowing facts:
1. 71iat the above-mentioned Condition No. 38 pertains to a vacant property at 701 South
Weir Canynn Road and that subjeci property (First Class Pizza) is 731 South Weir Canyon Road.
2. 7hat the proposed modification, including the imposition of any additional conditions, is
reasonably necessary to protect the public peace, health, safety or generat welfare, or necessary to
permit reasonable operation under the conditional use permit as oriyinaily granted.
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3. That no one indicated their presence at the pubiic hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning G~mmission has reviewed the proposal to delete a condition of approval of Conditiona; iJse
Permit No. 3304 in order to retain an existing concrete patio slab at 731 South Weir Canyon Road (Fi~st
Class Piua); and does hereby determine that the Negative Declaration previously approved in
connection with Conditional Use Permit No. 3304 is adequate to serve as the required environmental.
documentation in connection with this request upon finding that the deci~~ration reflects the independen2
judgement of the lead agency and that it has considered the previousiy apNr~ved Negative Declaration
together with any comments received during the pubiic review process and further finding on the basis of
the initial study and any comments received that there is no substantial evidence that the project will have
a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
daes hereby delete Condition No. 38 of Resolution No. 90R-352, as amended by Resolution No. PC98-
195, adopted in connection with Conditional Use Permit No. 3304.
THE FOREGOING RESOLUTION s adopted at the Planning Commisslon meeting of
August 16, 1999. ~/ ~~ /f G;~~~,~„v
' /v /~.
CHAIRPE SON, ANAHEIM CITY P NNING COMMlSSION
ATTEST:
~Q,2~~,r~ ~o,P~
SECRETA Y, ANA IM CITY PLANNING COMMISSIQN
STATE OF CAUFORNIA )
COUNTl' OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anahpim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Ar~heim City Planning
Commission held on August 16, 1999, by the fol~owing vote of the members thereofi
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBlLT
NOES: COMMISSIONERS: NONE
ABSENT: COMMlSSIONERS: ESPING
Ihl WITNESS WHEREOF, I have hereunta set my hand this ~7~ day of
_ ~o~l--~ 1999. ,
~~LZR.R~l2t~~ ~aR~
SECRETAftY, A HEIM CITY PLANNING COMMISSION
CR3726PK.DOC -2-
. PC99-154 >