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2000-025RESOLUTION NO. 2000R-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 4135 AS SET FORTH IN RESOLUTION NO. PC99-129. WHEREAS, on July 7, 1999, Resolution No. 99-129 was adopted by the Anaheim City Planning Commission to approve Conditional Use Permit No. 4135, in part, and permit expansion of an existing restaurant, addition of an outdoor dining area in conjunction with conversion of two units into a restaurant, subdivision of three units into three retail units and nine office units for a total of 55 units in the conunercial center, and construction of three monument signs, with waivers of permitted connnercial identification and minimum number of parking spaces); that construction of a 1-story retail pad building with roof-mounted equipment and construction of a fourth monument sign were denied; and WHEREAS, this property is developed with a one and two- story 55,557 sq.ft. conunercial retail center in the CL (SC) (Conunercial, Limited - Scenic Corridor Overlay) zone; and that the Anaheim General Plan Land Use Element designates the property for General Commercial land uses; and WHEREAS, the petitioner requests approval to construct one retail pad building with roof-mounted equipment, to subdivide one unit into an office unit and a retail unit (for a total of two units) and, for waiver of the minimum number of parking spaces (347 required, 290 proposed), (collectively the ~Expansion") and to amend the conditions of approval pertaining to permitted monument signs and maximum number of units in an existing conunercial center relating to said proposed expansion; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 11, 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, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, adopted its Resolution No. PC99-180 approving amendments to Conditional Use Permit No. 4135, in part; and WHEREAS, thereafter, within the time permitted by law, an interested party did appeal, or the requisite number of members of the City Council did set for review, the decision of the Planning Commission in Resolution PC99-180; and WHEREAS, the City Council held a duly noticed public hearing on November 16, 1999, which hearing was continued to January 11 and February 8, 2000, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council does find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council, that all of the conditions and criteria set forth in Section 18.03.030.030 of the Anaheim Municipal Code to expand and amend said Conditional Use Permit No. 4135 are not present for each of the following reasons: 1. That the proposed Expansion (as hereinabove defined) will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located due to the lack of sufficient off-street parking spaces currently existing on the property to accommodate additional parking needs and traffic which would be generated from the Expansion; and 2. That the size and shape of the site proposed for the use is not adequate to allow full development of the proposed Expansion in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare for the reasons more fully set forth in paragraph 1 above. 3. That the granting of the proposed modification to Conditional Use Permit No. 4135 would be detrimental to the peace, health, safety, and general welfare of the citizens of Anaheim for the reasons more fully set forth in paragraph 1 above. WHEREAS, with regard to the requested code waiver pertaining to minimum number of off-street parking spaces to be provided and available on the property in conjunction with the proposed Expansion, the City Council does further find that all of the conditions and criteria set forth in Section 18.06.080 of the Anaheim Municipal Code are not present, and that said waiver of off-street parking requirements should be denied, for the following reasons: 1. That the proposed waiver would cause fewer off-street parking spaces to be provided for the Expansion (in conjunction with the other uses on the property) than the number of spaces necessary to accommodate all vehicles attributable to such uses under the normal and reasonably foreseeable conditions of operation of such uses because the proposed diminution in the number of parking spaces available in conjunction with the proposed Expansion will further exacerbate the lack of adequate off-street parking spaces on the property; 2. That the waiver will increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed Expansion for the reasons set forth in paragraph 1 above; and 3. That the waiver will increase traffic congestion within the off-street parking areas or lots provided for such use for the reasons set forth in paragraph 1 above. WHEREAS, the City Council hereby finds and determines that the amendment of said conditions of approval is not reasonably necessary to protect the public peace, health, safety or general welfare, nor necessary to permit reasonable operation under said Conditional Use Permit No. 4135 for the reasons hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED by the the City of Anaheim that Conditional Use Permit approved by Resolution No. PC99-129 be, and the affirmed. City Council of No. 4135 as same is hereby, BE IT FURTHER RESOLVED that said petition to amend said Conditional Use Permit No. 4135, and the conditions of approval thereof, be, and the same is hereby, denied and that Resolution No. 99-129 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8th day of February, 2000. A~O~R~ OF ANAHEIM ATTEST: ~F THE CITY OF ANAHEIM 28275.1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2000R-25 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 8th day of February, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 2000R-25 on the 8th day of February, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of February, 2000. THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 2000R-25 was duly passed and adopted by the City Council of the City of Anaheim on February 8th, 2000. OF THE CITY OF ANAHEIM