Resolution-PC 2001-67~
RESOLUTION NO. PC2001-67
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04338 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:
A PARCEL OF LAND IN FRACTIONAL SECTION 4, TOWNSHIP 4 SOUTH,
RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON
THE WEST LINE OF SAID FRACTIONAL SECTION 4, 789.50 FEET NORTH
OF THE NORTHWEST CORNER OF LOT 4 OF SAID SECTION AND
RUNNING THENCE NORTH, ALONG THE WEST LINE OF SAID SECTION,
182 FEET; THENCE EAST, PARALLEL TO THE NORTH LINE OF SAID LOT
4,400 FEET TO AN ANGLE POINT DESCRIBED IN THE DEED FROM JOHN
WALTER WALLS AND WIFE TO ANTHONY E. MC LEAN AND WIFE,
RECORDED SEPTEMBER 11, 1935 IN BOOK 760, PAGE 380 OF OFFICIAL
RECORDS; THENCE SOUTH, PARALLEL TO THE WEST LINE OF SAID
SECTION 4, 182 FEET TO A POINT IN THE MOST SOUTHERLY LINE OF THE
LAND DESCRIBED IN SAID DEED; THENCE WEST PARALLEL TO THE
NORTH LINE OF SAID LOT 4, 400 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 4, 2001 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 that the hearing was continued
from the meetings of April 9 and May 21, 2001; 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 18.110.100.050.0522 to construct two drive-through fast-food
restaurants.
2. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the Northeast Area Specific Plan No. SP 94-1 (Development Area 5"Commercial
Area") where it is proposed to be located.
3. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
4. 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.
5. That 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.
6. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 32, as defined in the State of California Environmental Impact Report
(EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
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 a private water system with separate water service for fire protection and domestic water shall
be provided.
2. 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 required street setback area in a manner
fully screened f~om all public streets and alleys. Said information shall be specifically shown on the
plans submitted for building permits.
That because this project has landscaping areas exceeding finro thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19
"Landscape Water Efficiency" of the Anaheim Municipal Code and with Ordinance No. 5349.
4. That all existing water services shall conform to current Water Utility standards. Any existing water
- s@fvi~s ~hat are ~flt approved by the-lit[li~y-#or-continued us~ shall-be upgraded to-cur~ea~-
standards, or shall be abandoned by the developer. If the existing services are no longer needed,
they shall be abandoned by the developer.
5. That prior to application for water meters or fire lines, or submitting the water improvement plans for
approval, the developer/owner shall submit to the Public Utilities, Water Engineering, an estimate of
the maximum fire flow rate and the average day, maximum day, and peak hour water demands for
the project. This information will be used to determine the adequacy of the existing water system to
provide the estimated water demands. Any off-site water system improvements required to serve
the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and
Regulations.
6. 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 adjacent streets or highways. The walls of the storage area(s) shalf be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information
shall be specifically shown on the plans submitted for building permits.
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.
8. That an on-site trash truck turn-around area shall be provided in compliance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division. Said turn-around area shall be specifically shown on the pfans submitted
for building permits.
9. That each restaurant shall have a separate doubte trash enclosure, and that a sufficient number of
decorative trash bins shall be placed and maintained within the parking lot area behind the
restaurants. Said information shall be specifically shown on the plans submitted for building
permits.
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10. That the developer shall submit evidence to the Public Works Department, Development Services
Division, showing that the site is a legal parcel of record as defined by the Subdivision Map Act. If
the site is not a legal parcel, the devefoper shall submit a Certificate of Compliance for review and
approval by the City Engineer.
11. 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 locations. Subject property shall thereupon
be developed and maintained in conformance with said plans. Said information shall be specifically
shown on the plans submitted for building permits.
12. That the driveway on Tustin Avenue shall be reconstructed to accommodate ten (10) foot radius
curb returns in conformance with Engineering Department Standard No. 137. Said information
shall be specifically shown on the plans submitted for building permits.
13. That no required parking area shal! be fenced or otherwise enclosed for storage or other outdoor
uses. No outdoor storage or display shall be permitted anywhere on-site.
14. That prior to the issuance of a building permit for any drive-through facility, the proposed drive-
through lane shall be submitted to the City Traffic and Transportation Manager for review and
approval. Said information shall be specifically shown on the plans submitted for building permits.
15. That plans shall be submitted to the City Traffic and Transportation Manager for review and
appraval i~ conformance with-the-~ngl~e~Fi~gStandard No: 137 p~rtaining to sight-distanEe
visibility for the sign or wall/fence location. Said information shall be specifically shown on the plans
submitted for building permits.
16. That the legal owner of subject property shall provide the City of Anaheim with a public utility
easement along/across the property to be determined as electrical design is completed. Said
easement shall be submitted to the City of Anaheim prior to connection of electrical service.
17. That any proposed changes to the peak operating hours of the drive-through restaurants shall
require the submittal of new letters of operation and a new traffic study to the Zoning Division for
review and approval by the Planning Commission at a noticed public hearing.
18. That three (3) foot high street address numbers shall be displayed on the roof of each restaurant
building in color contrasting to the roof material. The numbers shall not be visible to the nearby
streets or adjacent properties. Said information shall be specifically shown on plans submitted for
building permits.
19. 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 information shall be specifically shown on the plans submitted for building permits.
20. That any roof or ground-mounted equipment shall be properly shielded from view from adjacent
streets and properties. Said information shall be specifically shown on the pfans submitted for
building permits.
21. That all plumbing downspouts, ladders and/or other similar pipes and fixtures located on building
exteriors shall be fully screened by architectural devices and/or appropriate building materials. Said
information shall be specifically shown on the plans submitted for building permits.
22. That no public telephones on the premises shall be permitted outside any building; and that no
exterior vending machines shall be permitted on the premises.
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23. That window signage shall not be permitted for the drive-through restaurants.
24. 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 gra~ti within twenty
four (24) hours from time of occurrence.
25. That a landscaping and irrigation plan for subject property shall be submitted to the Zoning Division
for review and approval. Said plan shall specify that all trees planted on-site be minimum finrenty
four inch (24") box sized. Screening for the drive-through lanes shall be accomplished by a
minimum three (3) foot high landscaped berm topped by a solid landscape hedge. Any decision
made by the Zoning Division regarding said plan may be appealed to the Planning Commission
and/or City Council.
26. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
27. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for building permits. Said plans shall also identify the specific screening
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 by the appropriate City departments.
28. That signage for subject drive-through restaurants shall be limited to that which is shown on the
exhibits submitted by the petitioner and approved by the Planning Commission.
(a) The EI Pollo Loco (the northernmost restaurant) shall be limited to the following wall signs:
West elevation: one (1), forty two (42) square foot sign and one (1), eleven (11) square
foot sign; and
South elevation: one (1), forty two (42) square foot sign and one (1) eleven (11) square
foot sign.
(b) The Starbucks (southernmost restaurant) wall signs shall be limited to the following:
West elevation: one (1), thirty (30) square foot sign; and
South Elevation: one (1), thirty (30) square foot sign.
Any additional signage shall be subject to approval by the Planning Commission as a"Reports and
Recommendations" item.
29. That prior to commencing operation of these businesses, valid business licenses shall be obtained
from the Business License Division of the City Finance Department.
30. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 2685 (which permitted expansion of the existing
restaurant and cocktail lounge with waiver of minimum number of parking spaces).
31. 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 Revision No. 1 to Exhibit Nos. 1 and 3 through 7, and Exhibit Nos. 2, and 8
through 15, and as conditioned herein.
32. 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, 6, 7, 8, 9, 10, 11, 12, 14, 15, 18, 19, 20, 21, 25,
27 and 30, 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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33. That prior to final building and zoning inspections, Condition Nos. 1, 3, 16 and 31, above-
mentioned, shall be complied with.
34. 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 oi the conditions hereinabove set forth. Shoufd 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.
2001.
THE FOREGOING RESOLUTION was adopted at the ~¢anni
ssion meeting of June 4,
CHAIRPERSON, ANAHEIM 1
ATTEST: ~
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
ING COMMISSION
I, Eleanor Fernandes, 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 June 4, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES
NOES: COMMISSIONERS: VANDERBILT
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 1~ ~ day of
v ~ , 2001.
SECRETARY, ANAHEI CITY PLANNING COMMISSION
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