Resolution-PC 2000-108• ~
RESOLUTION NO. PC2000-108
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITI06V FOR CONDITIONAL USE PERMIT NO. 2000-04245 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL ONE:
THE EASTERLY THREE FEET OF LOT 236, THE SOUTHERLY THREE FEET
AND THE EASTERLY THREE FEET OF LOT 237 OF TRACT NO. 2377, AS
SHOWN ON A MAP RECORDED IN BOOK 75, PAGE(S) 29 THROUGH 35 OF
MISCELLAN~OUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL TWO:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT NO. 2377, AS
SHOWN ON A MAP RECORDED IN BOOK 75, PAGE(S) 29 THROUGH 35 OF
MISCELLAN~OUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
SAID SOUTHEAST CORNER BEING THE CENTER LINE INTERSECTION OF
BALL ROAD WITH THE CENTiER LINE OF EUCLID AVENUE; THENCE
NORTH 0 DEGREES 04' 40" EAST 77.49 FEET ALONG THE CENTER LINE
OF EUCLID AVENUE; THENCE SOUTH 89 DEGREES 42' 15" WEST 53.00
FEET WESTERLY OF THE CENTER LINE OF SAID EUCLID AVENUE, SAID
POINT OF INTERSECTION B~ING THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE NORTHW~STERLY AND HAVING A RADIUS OF 25.000
FEET; THENCE SOUTHERLY AND WESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 89 DEGREES 27' 35" AN ARC DISTANCE
OF 24.84 FE~T TO AN INTERSECTION WITH A LINE PARALLEL WITH AND
53.00 FE~T NORTHERLY OF 7HE CENTER LINE OF SAID BALL ROAD;
THENCE SOUTH 0 DEGREE3 04' 40" WEST 53.00 FEET TOT HE CENTER
LINE OF BALL ROAD; THENC;E NORTH 89 DEGREES 42' 15" EAST 77.49
FEET ALONG THE CENTER LINE OF SAID BALL ROAD TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE SOUTHERLY 53.00 FEET AND THE
EASTERLY 53.00 FEET.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 11, 2000 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,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.05A.300 to construct a fast food drive-through restaurant within
an existing commercial retail center with waivers of the following:
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(a) Sections 18.06.050 - Minimum number of parkin4 spaces.
18.06.050.0233 (545 required for the commercial center including the proposal;
18.06.080 479 proposed and concurred with by the City Traffic and
and 18.44.066.050 Transportation Manager)
(b) Sections 18.06.070.020 - Minimum drive-throuqh lane requirement.
and 18.44.066 (160 feet overall length required; 108 feet proposed)
2. That the parking waiver (a) , under the conditions imposed, 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. ~
3. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
4. That the parking waiver, under the conditions imposed, 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 this Code).
5. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use.
6. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed
use.
7. That waiver (b), minimum drive-through lane requirement, is hereby approved on the
basis that there are special circumstances applicable to the property such as size, shape, topography,
location or surroundings, which do not apply to other identically zoned properties in the vicinity.
8. That strict application of th~ Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity.
9. That 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.
10. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety, and general welfare.
11. That 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.
12. That granting of this 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.
13. That two people indicated their presence at the public hearing in opposition to the
proposal; and that 9 letter was received with 13 signatures in support of the project.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal (EI Pollo Loco) to construct a fast food drive-through
restaurant with waivers of minimum number of parking spaces and minimum drive-through lane
requirements on a rectangularly-shaped 0.50-acre property located at the northwest corner of Ball Road
and Euclid Street with frontages of 145 feet on the north side of Ball Road and 145 feet on the west side
of Euclid Street, and further described as 969 South.Euclid Street; and does hereby approve the
Negative Declaration upon finding that the declaration reflects the independentjudgment of the lead
agency and that it has considered the Negative Declaration together with any comments received during
the public 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
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That signage for the subject business s!hall be limited to that which is shown (except for the wall sign
on the north elevation) on the exhibits submitted by the petitioner and approved by the Planning
Commission. Any additional signs shal~ be subject to review and approval by the Planning
Commission as a"Reports and Recommendations" item.
2. That there shall be no sale of beer, wine or other alcoholic beverages of any kind on the premises,
unless a conditional use permit is approved authorizing such use.
3. That no window signage shall be permitted.
4. That any roof-mounted equipment shall be subject to the requirements of Anaheim Municipal Code
Section 18.44.030.120 pertaining to the CL "Commercial, Limited" Zone. Said information shall be
specifically shown on the plans submitted for building permits.
5. That all air conditioning facilities shall be properly shielded from view. Information so-specifying shall
be shown on the plans submitted for bu'ilding permits.
6. That the outdoor dining area shall be limited to five (5) tables and ten (10) seats as shown on Exhibit
No. 5. Said information shall be specifically shown on the plans submitted for building permits.
7. That the front landscaped setback adjacent to Ball Road shall be a minimum of ten (10) feet in width.
A landscaped berm shall be incorporated into the entire length of the setback to screen the drive-
through lane from the street view with minimum twenty four inch (24") box sized trees provided at a
ratio of at least one (1) tree for every twenty (20) feet of street frontage for the area being developed.
Said information shall be specifically shown on the plans submitted for building permits.
8. That the Community Development Department Critical Intersection Landscape planting plan shall be
incorporated into the final landscaping design. Said information shall be specifically shown on the
plans submitted for building permits.
9. 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 dies.
10. That because this project has landscap6ng area(s) exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of
Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on
the plans submitted for building permits, .
11. That the locations for future utility devices including, but not limited to, electrical transformers, water
backflow devices, gas, communications and cable devices, etc., shall be shown on the plans
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submitted for building permits. Said plans shall also identify the specific treatment of each device
(i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be
subject to the review and approval of the appropriate city departments.
12. That streetlights shall be installed as required by the Electrical Engineering Division of the Public
Utilities Department.
13. That any required relocation of city electrical facility shall be at the developer's expense.
14. That the legal property owner shall prou~ide the City of Anaheim with a public utility easement to be
determined as electrical design is completed. Said easement shall be submitted to the Electrical
Engineering Division
15. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 602
pertaining to parking standards and driveway location. Subject property shall thereupon be
developed and maintained in conformance with said plans.
16. That the location of the proposed monument sign shall be reviewed and approved by the Traffic and
Transportation Division for line-of-sight considerations, and by the Development Services Division for
conformance with the critical intersectian right-of-way requirements. Said information shall be
specifically shown on the plans submitted for building permits.
17. That the drive-through lane shall be revliewed and approved by the City Tra~c and Transportation
Manager. Said information shall be specifically shown on the plans submitted for building permits.
18. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standard No. 137. Said information shall be shown on the
plans submitted for building permits.
19. That the developer shall pay a traffic and transportation improvement fee to the City of Anaheim,
Traffic Engineering Division, in an amount established by the City Council resolution. This fee will be
used to fund traffic and transportation improvements within the area impacted by this project. Said
fee shall be subject to adjustment by ths City Council.
20. That the applicable traffic signal assessment fee shall be paid to the City of Anaheim in an amount
established by City Council resolution.
21. 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; and that a Certificate
of Compliance or a Conditional Certificate of Compliance shall be approved by the City Engineer and
then recorded in the Qffice of the Orange County Recorder.
22. That the developer shall pay the Sewer Capacity Mitigation Fee for the South Brookhurst Area. The
fee is currently thirty two dollars ($32) per one thousand (1,000) square feet.
23. That trash storage area(s) shall be provided and maintained in location(s) 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 to the public's view along adjacent streets or highways. The walls of the storage
areas shall be protected from graffiti opportunities by the use of plant materials including minimum
one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. The
trash enclosure behind Little Caesar's shall be refurbished to City Standards prior to issuance of a
building permit. Said information shall be specifically shown on the plans submitted for building
permits.
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24. That all trash generated by this restaurant shall be properly contained in trash bins contained within
approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as
frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property.
25. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Streets and Sanitation Division for review and approval.
26. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifically shown on the plans submitted for building permits.
27. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting information shall be specified on the plans submitted for building permits
and shall be subject to review and approval by the Community Service Division of the Police
Department.
28. That three (3) foot high street address numbers shall be displayed on the roof in a color contrasting to
the roof material. The numbers shall not be visible to the public's view from the street or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
29. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four
(24) hours from time af occurrence.
30. That any public telephones proposed on-site shall be located inside the restaurant building only.
31. That no video, electronic or other amusement devices or games shall be permitted on-site.
32. That prior to commencing operation of this business, a valid business license shall be obtained from
the Business License Division of the Finance Department.
33. That, as stipulated by the petitioner, the hours of operation shall be 9 a.m. to midnight daily. Any
change to these hours shall be reviewed and approved by the Planning Commission as a"Reports
and Recommendations" item.
34. That no roof-mounted signs, balloons or other inflatable devices shall be permitted.
35. That the owner of subject property shall submit a letter requesting termination of Variance No. 576
(permitting construction of a service station) to the Zoning Division.
36. That the legal property owner shall submit an unsubordinated restricted covenant to provide
reciprocal access and parking to the City Traffic and Transportation Manager and the Zoning Division
for review and approval; that said covenant shall be in a form satisfactory to the City Attorney; and
that following approval the covenant shall be recorded with the Office of the Orange County
Recorder. A copy of the recorded covenant shall then be submitted to the Zoning Division.
37. That the 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 E~xhibit Nos. 1 through 6, and as conditioned herein.
38. That prior to the issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 4, 5, 6, 7, 8, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21,
22, 23, 25, 26, 27, 28, 35 and 36, above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
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39. That prior to final building and zoning inspections, Condition Nos. 12, 13 and 37, above-mentioned,
shall be complied with.
40. 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 Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competentjurisdiction, then this
Resolution, and any appravals herein conta~ined, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 11, 2000. „
RPERSON, A(NAI-~IM CITY PLANNING COMMISSION
ATTEST:
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SEC TARY NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANG'E ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 11, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, NAPOLES
NOES: COMMISSION~RS: VANDERBILT
ABSENT: COMMISSION~RS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this v day of
, 2000.
~iiQa~.~ ~~r~
SE~ETARY/, ~1NAHEIM CITY PLANNING COMMISSION
lJ
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