2003-202RESOLUTION NO. 2003R-202
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL
USE PERMIT NO. 2003-04742.
WHEREAS, the City Planning Commission of the City of Anaheim did receive an
application for a conditional use permit with a waiver of certain provisions of the Anaheim
Municipal Code to permit a drive-through restaurant upon certain real property located within the
City of Anaheim, County of Orange, State of California, legally described as:
The west 11 acres of the southwest quarter of Section 1, Township 4
South, Range 10 West, San Bernardino Base and meridian, in the
Rancho San Juan Cajon de Santa Ana, in the City of Anaheim,
County of Orange, State of California, as per map recorded in book 51
page 10 of Miscellaneous Maps, in the Office of the County Recorder
of said County; and
Except the southerly 200.00 feet of the westerly 200.00 feet thereof; and
A portion of said land is shown on a map filed in book 136 page 38 of
Parcel Maps, in the Office of the County Recorder of said County; and
WHEREAS, the City Planning Commission did hold a public hearing upon said
application at the City Hall in the City of Anaheim, notices of which public hearing were duly given
as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code;
and
WHEREAS, said Commission, was unable to act upon said application due to a tie
vote and the matter was therefore referred to the City Council for a public hearing and final
determination; and
WHEREAS, at the time and place fixed for said public hearing, the City Council did
duly hold and conduct such heating and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consideration of the
recommendations of the City Planning Commission and all evidence and reports offered at said
hearing, that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
3. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
5. The granting of the conditional use permit under the conditions imposed will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
AND WHEREAS, the City Council does further 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 regarding said requested waiver(s), that all of the conditions set
forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s)
should be granted, for the following reasons:
1. That the variance, under the conditions imposed, if any, will not cause fewer off-
street parking spaces to be provided for such 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; and
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; and
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 (which property is not expressly provided as parking for such use under an agreement
in compliance with Section 18.06.010.020 of the Anaheim Municipal Code); and
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for such use; 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 2003-04742 be, and
the same is hereby, granted permitting a drive-through restaurant on the hereinabove described real
property with a waiver of the following provisions of the Anaheim Municipal Code:
18.06.050.0233 and
18.44.066.050
Minimum number of parking spaces
(826 required; 485 proposed and approved by the
Traffic and Transportation Manager)
- 2 -
subject to the following conditions:
1. That as stipulated by the petitioner, the hours of operation shall be limited to 10 a.m. to 10
p.m., daily, for the indoor dining room and 10 a.m. to 1 a.m., daily, for the drive-through lane.
2. That the existing kiosk shall be removed from the subject property, as stipulated by the
petitioner. Said information shall be specifically shown on plans submitted for building permits.
3. That any proposed roof-mounted equipment shall be subject to the screening requirements of
Anaheim Municipal Code Section No. 18.44.030.120 pertaining to the CL Zone. Said information
shall be specifically shown on the plans submitted for Zoning and Building Division approval.
4. That the proposal shall comply with signage requirements of the CL Zone unless a variance
allowing sign waivers is approved by the City Council, Planning Commission or Zoning
Administrator.
5. That a final landscape plan to screen the drive-through lane shall be submitted to the Zoning
Division for review and approval. Said landscaping shall incorporate a landscape earthen berm and
row of hedges along the entire length of the setback adjacent to State College Boulevard with the
exception of ingress/egress areas. Any decision by the Zoning Division may be appealed to the
Planning Commission as a Reports and Recommendations item.
6. That final elevation plans shall be submitted to the Zoning Division for review and approval.
Any decision by the Zoning Division may be appealed to the Planning Commission as a Reports and
Recommendations item.
7. That no alcoholic beverages shall be sold or consumed on the premises.
8. That no exterior vending machines shall be permitted.
9. That no video, electronic or other amusement devices or games shall be permitted on the
premises.
10. That roof-mounted balloons or other inflated devices shall not be permitted.
11. That no window signage shall be permitted.
12. That there shall be no public telephones maintained on the property that are located outside
of the building.
13. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of "graffiti" within twenty-four (24)
hours from time of occurrence.
14. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the
event that it is removed, damaged, diseased and/or dead.
- 3 -
15. That the drive-through lane shall be reviewed and approved by the City Traffic and
Transportation Manager. Said information shall be specifically shown on plans submitted for
building permits.
16. That the proposed pedestrian walkway through the drive-through area shall be removed and
redesigned to the satisfaction of the City Traffic and Transportation Manager to eliminate the
conflict points between vehicular and pedestrian traffic. Such information shall be specifically
shown on plans submitted for building permits.
17. That the existing driveway adjacent to State College Boulevard shall be removed and
replaced with standard curb, gutter, sidewalk and landscaping as indicated on Exhibit Nos. 1 and 2.
Said information shall be specifically shown on plans submitted for building permits.
18. That plans shall be submitted to the City Traffic and Transportation Manager for his review
and approval showing conformance with the current version of Engineering Standard Plan Nos. 436,
601 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
19. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
20. That an on-site trash truck tm-around area shall be provided per Engineering Standard
Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and
Sanitation Division. Said mm-around area shall be specifically shown on plans submitted for
building permits.
21. That the property owner shall provide the City of Anaheim Electrical Engineering Division
of the Public Utilities Department with a public utilities easement to be determined as electrical
design is completed.
22. That any necessary relocation of existing electrical facilities or streetlights shall be at the
expense of the developer.
23. That trash storage areas shall be provided and maintained in a location acceptable to the
Public Works Department, Streets and Sanitation Division and in accordance with approved plans
on file with said Department. Said storage areas shall be designed, located and screened so as not to
be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size
clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be
specifically shown on the plans submitted for building permits.
24. That a plan sheet for solid waste storage and collection and a plan for recycling shall be
submitted to the Public Works Department, Streets and Sanitation Division for review and approval.
25. That the legal property owner shall submit an application for a Subdivision Map Act
Certificate of Compliance to the Public Works Department, Development Services Division for the
parcel on which the restaurant would be located. A Certificate of Compliance or Conditional
Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the
Orange County Recorder prior to issuance of a building permit.
26. That the property owner shall implement appropriate non-structural and structural Best
Management Practices (BMPs) as specified in the Orange County Drainage Area Management Plan
(DAMP) Appendix G. The selected BMPs shall be implemented and maintained to minimize the
introduction of pollutants from entering the City of Anaheim stormwater drainage system.
27. That if required by the Urban Forestry Division of the Community Services Department,
street trees shall be installed, by the property owner, within the public right-of-way adjacent to State
College Boulevard. The size, type and number of trees shall be provided to the satisfaction of the
Urban Forestry Division of the Community Services Department.
28. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation
meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of
Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for
building permits.
29. That all requests for new water services or fire lines, as well as any modifications,
relocations, or abandonment of existing water services and fire lines, shall be coordinated through
Water Engineering Division of the Anaheim Public Utilities Department.
30. That the water backflow equipment and any other large water system equipment shall be
installed to the satisfaction of the Water Utility Division behind the street setback area in a manner
fully screened from all public streets. Said information shall be specifically Shown on plans
submitted for building permits.
31. That the parking lot serving the premises shall be maintained with lighting of sufficient
power to illuminate and make easily discemable the appearance and conduct of all persons on or
about the parking lot. Said lighting shall be decorative and shall be directed, positioned and
shielded in such a manner so as not to unreasonably illuminate adjacent properties. A plan showing
said lighting shall be submitted to the Community Services Division of the Police Department for
review and approval.
32. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the
roof material. The numbers shall not be visible from the view of the street or adjacent properties.
Said information shall be specifically shown on plans submitted for Police Department, Community
Services Division approval.
33. That signage shall be limited to signs shown on approved exhibits. Any additional signage
shall be subject to review and approval by the Zoning Division. Any decision by the Zoning
Division may be appealed to the Planning Commission as a Reports and Recommendation item.
34. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 through 14, and as conditioned herein.
35. That prior to issuance of a building permit or within a period of one (1) year from the date of
this resolution, whichever occurs first, Condition Nos. 2, 3, 5, 6, 15, 16, 17, 18, 20, 21, 23, 24, 25,
26, 28, 29, 30, 31 and 32, above-mentioned, shall be complied with.
36. That prior to final building and zoning inspections, Condition Nos. 27 and 35,
above-mentioned, shall be complied with.
37. That approval of this application constitutes approval of the proposed request only to the
extent that it complies with the Anaheim Municipal Zoning 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 City Council does hereby find and determine
that adoption o£this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such conditions, 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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 4th day of November, 2003.
OF THE
MAYOR HEIM
ATTEST:
~CITY CLET, K OF THE CITY OF ANAHEIM
#51933 vl - CUP 2003-04742.wpd
- 6 -
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. 2003-202 as introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 4th day of November, 2003, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Pringle, Chavez, Tait, Hernandez
NOES:
MAYOR/COUNCIL MEMBERS: McCracken
ABSENT:
MAYOR/COUNCIL MEMBERS: None
CGY CLERK~)F THE CITY OF ANAHEIM
(SEAL)