Resolution-PC 2000-50_ _ _ _ _ __ _ __ _
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RESOLUTION NO. PC2000-50
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04194 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 2, AS SHOWN ON A MAP FILED IN BOOK 100, PAGES 17 AND 18
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFOR~VIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 24, 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 Se~tion Code Section 18.44.050.300 to construct a second
service window in an existing drive-through lane at an existing fast food restaurant with waivers of the
following:
(a) Sections 18.06.050.020.023.0233 - Minimum number of parking sqaces.
and 18.44.66.50 (33 spaces required; 25 spaces existing and proposed)
(b) Sections 18.06.070.020 - Minimum drive-throuqh lane dimensions.
and 18.44.066 (100 feet required between ordering device and service
window; 89 feet proposed)
2. That the existing drive-through restaurant (In-N-Out Burger) was approved on
October 10, 197, when the Planning Commission adopted Resolution No. PC77-217 and granted
Conditional Use Permit No. 1742 to permit the use with waiver of the minimum number of parking spaces
in the CL "Commercial, Limited" Zone.
3. That waiver (a), minimum number of parking spaces, is hereby approved on the
basis of the parking letter findings and the recommendation of approval by the City Traffic and
Transportation Manager.
4. That the parking waiver, under the conditions imposed, will not cause fewer off-
street parking spaces to be provided for the 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 the use.
5. 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.
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6. 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 the Anaheim Municipal Code).
7. That the parking waiver, under the conditions imposed, will not increase traffic
congestion within the off-street parking are~s or lots provided for the proposed use.
8. 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.
9. That waiver (b), minimum drive-through lane distances, is hereby approved on
the basis that special circumstances pertain to this site which is currently developed with a restaurant
building and drive-through lane and which cannot be further modified to comply with Code requirements
without requesting another waiver; that installation of the second service window will permit the drive-
through lane to operate more efficiently; and that the 58 sq.ft. addition which will accommodate the
second service window is minimal in size (amounting to less than 3% of the existing 2,000 sq.ft. building).
10. That expansion of the existing fast food drive-through restaurant, as conditioned
herein, will not adversely affect the adjoining commercial land uses, nor the growth and development of
the area in which it is proposed.
11. That the size and shape of this property is adequate to allow the additional
service window in a manner which is not detrimental to the surrounding commercial area, nor to the
peace, health, safety and general welfare.
12. That the traffic generated by the fast food drive-through restaurant use, as
conditioned herein, will not impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
13. That granting this conditional use permit, under the conditions imposed, will
serve the residents of #he City of Anaheim and will not be detrimental to the peace, health, safety and
general welfare of the citizens of the City of Anaheim.
14. 7hat the conditions contained in this resolution will, in effect, supercede the
conditions of approval (Nos. 1 through 5) of Resolution No. PC77-217 adopted in connection with
Conditional Use Permit No. 1742, under which the existing drive-through restaurant was originally
established.
15. That no one indicated their presence at the public hearing in opposition to the
proposal; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a second service window along an existing
drive-through lane of an existing fast food restaurant with waivers minimum number of required parking
spaces and minimum drive-through lane dimensions on a rectangularly shaped 0.51-acre property
located at the southeast corner of Orange Avenue and Brookhurst Street, having frontages of 150 feet on
the south side of Orange Avenue and 150 f~eet on the east side of Brookhurst Street, and further
described as 600 South Brookhurst Street (In-N-Out Burger); and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment 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.
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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:
That a minimum of finro (2), twenty four (24) inch box sized, trees shall be planted in existing
landscape planter areas to replace the two (2) trees removed along the east property line. Said
information shall be specifically shown on plans submitted for building permits.
2. That five (5) gallon sized shrubs shall be planted along the east property line between this property
and the adjacent shopping center in minimum two (2) foot wide planters to separate the drive-
through lane from the adjacent shopping center. Said information shall be specifically shown on
plans submitted for building permits.
3. That the landscaped planters shall be permanently maintained with live and healthy plant materials.
4. That all landscaping shall be maintained and immediately replaced in the event that it becomes
diseased or dies.
5. That this proposal shall comply with all signing requirements of the CL "Commercial, Limited" Zone
unless a variance allowing sign waivers is approved by the Planning Commission or the City
Council.
6. That the trash storage areas shall be maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division.
7. That the drive-through lane shall be relpaired and resurfaced; and that the cement curbing
separating the drive-through lane from the adjacent retail center shall be permanently maintained
and repaired when necessary.
8. That there shall be no public telephones on the premises located outside the building.
9. That this 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 Revision 1 of Exhibit Nos. 1 through 3, and as conditioned herein.
10. 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. 1 and 2, 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.
11. That prior to final building and zoning inspections, Condition Nos. 5, 7, 8 and 9, above-mentioned,
shall be complied with.
12. 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 applicant's 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 competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 24, 2000.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECR ARY, AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 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 April 24, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE ~
IN WITNESS WHEREOF, I have hereunto set my hand this ~"L day of
, 2000.
G~,~ `~OR~ '
SECRETARY, AHEIM CITY PLANNING COMMISSION
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