Resolution-PC 2001-79~ •
RESOLUTION NO. PC2001-79
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING A REQUEST TO AMEND RESOLUTION NO. 98R-158,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMfT NO. 4027
WHEREAS, on July 21, 1998, the Anaheim City Council did adopt Resolution No. 98R-
158 to grant Conditional Use Permit No 4027 and permit expansion of an existing 2,415 sq.ft. drive-
through restaurant by constructing a second story, 817 sq.ft., indoor chi~dren's playground (for a total of
3,232 sq.ft.) with waiver of minimum number of parking spaces on property located at 8295 East Santa
Ana Canyon Road; and that Condition No. 2 of said Resolution No. 98R-158 specifies the following:
"2. That no roof-mounted equipment shall be permitted unless approved by conditional
use permit and fully screened from view from all public streets and adjacent
properties in accordance with the Anaheim Municipal Code.°
WHEREAS, the property is developed with a drive-through fast food restaurant (Burger
King) with a two-story indoor children's playground; that the restaurant is integrated in a commercial retail
shopping center although it is on a separate parcel; that the zoning is CL(SC) "Commercial, Limited-
Scenic Corridor Overlay"; and that the Anaheim General Plan Land Use designation is General
Commercial; and
WHEREAS, roof-mounted heating and air conditioning equipment has been installed on
top o~ the two-story indoor playground portion of the restaurant; and
WHEREAS, the petitioner has requested modi~cation of this conditional use permit to
permit and retain roof-mounted mechanical equipment on the existing drive-through fast food restaurant
in the Scenic Corridor Zone Overlay; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 18, 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 amendment 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 proposal to amend this conditional use permit to permit and retain roof-mounted
mechanical equipment on the existing drive-through fast food restaurant in the Scenic Corridor Zone
Overlay is permitted under authority of Code Section 18.84.062.030.032.
2. That the proposed amendment is denied on the basis that it has not been demonstrated
that the proposed screening of the roof-mounted equipment will be provided by acceptable, permanent
building materials, the same as or similar to those which were used in the construction of the underlying
building; nor has it been demonstrated that the equipment will be screened from view by acceptable
architectural features of the building itself.
3. That it has not been demonstrated that the method and/or screening material used would
not be readily recognizable as a screening device integrated into the design of the building.
Tracking No. CUP 2001-04368
CR5115PK.doc -1- PC2001-79
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4. That construction of the proposed "box" type of roof screening enciosure would further
increase the height of a building that is already out-of-scale with surrounding commercial buildings in the
Scenic Corridor Zone Overlay.
5. 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: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, 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 deny the request to amend Conditional Use Permit No. 4027.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 18, 2001. ~ /~
CHAIRPERSON, ANAHEIM C~TY PLf~,~JNING COIVIMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 18, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL
IN WITNESS WHEREOF, I have hereunto set my hand this 9~ day of
, 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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