Resolution-PC 2002-140i •
RESOLUTION NO. PC2002-140
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04577 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 1:
THAT PORTION OF SECTION 13, TOWNSFiIP 4 SOUTH, RANGE 11 WEST, IN THE
RANCHO LOS COYOTES, AS SAID SECTION IS SHOWN ON MAP RECORDED IN
BOOK 51, PAGE 11, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY, DESCRIBED AS FOLLOWS:
THE EAST 4 ACRES OF THE NORTH 10 ACRES OF THE EAST 13 OF THE EAST
30 ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 13.
EXCEPTING THEREFROM THE SOUTH 296 FEET THEREOF.
ALSO EXCEPTING THEREFROM THE WEST 89.50 FEET.
ALSO EXCEPTING THEREFROM THE NORTH 66 FEET THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City af ~rah~~m ar~ 4ugust 92, 20~2 ~# 9:39 o.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 said public
hearing was continued to the September 9 and September 23, 2002 Planning Commission meetings;
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 18.44.050.300 to permit construction of a fast food restaurant with
drive-through and pick-up windows, and with waivers of the following:
(a) Section 18.02.058.010.014 - NonconforminQ Structures and Uses - General.
(existing nonconforming uses to be removed before another use
is permitted;
fast food restaurant proposed and existing nonconforming
billboard to be retained)
(b) Sections 18.05.050 - Nonconforminq Sians and Billboards - General.
18.05.112 (conditional use permit required for billboards in the CL
and 18.44.050.090 "Commercial, Limited" Zone;
No conditional use permit proposed for existing nonconforming
billboard)
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2. That waivers (a) and (b), Nonconforming Structures and Uses-General and
Nonconforming Signs and Billboards-General, are hereby approved on the basis that said waivers are
necessary in order to develop a fast food restaurant with drive-through and pick-up windows on property
on which an existing nonconforming billboard is located; and that approval of said waivers is consistent
with a court order issued by the Orange County Superior Court regarding a similar billboard at 601 South
Magnolia Avenue (which billboard was approved in connection with Conditional Use Permit No. 4148).
3. 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.
4. That the size and shape of the site for the proposed fast food restaurant 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 because no waivers of development standards (except for retention of
the existing billboard) are necessary for the proposed construction.
5. 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.
6. That granting Conditional Use Permit No. 2002-04577, under the conditions imposed, will
not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That one person spoke at the public hearing on August 12, 2002 in favor of the proposal
but with concerns regarding grading; that finro people spoke at the hearing on September 9, 2002 in
opposition to the proposed restaurant; that no one indicated their presence at the hearing on August 23,
2002 in oppasition to-~he pFOposal; -tk~at one-p~rson spoke at the hearing_on September 23, 2002 with
concerns pertaining to procedural questions regarding the existing billboard; and that no correspondence
was received in opposition to the petition.
CALiFOR~JlA E~lVlRrJN^!l~NTAL QUAlITY A~T FINDING The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 3, 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 as stipulated by the petitioner, the hours of operation shall be limited to:
Sunday through Thursday: 6 a.m. to 10 p.m.
Friday and Saturday: 6 a.m. to midnight
2. That the outdoor patio area be limited to ten (10) seats in accordance with Anaheim Municipal Code
Section 18.d2.052.060; that outdoor furniture shall not be used as an advertising device; and that
said information shall be specifically shown on the plans submitted for building permits.
3. That any proposed roof-mounted equipment shall be subject to the screening requirements of
Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone.
Said information shall be specifically shown on plans submitted for Zoning Division and Building
Division approval.
4. That the drive-through lane shall be reviewed and approved by the City Traffic and Transportation
Manager. Said information shall be specifically shown on the plans submitted for building permits.
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5. That plans shall be submitted to the City Tra~c and Transportation Manager for review and approval
showing conformance with Engineering Standard No. 137 pertaining to sight distance visibility for the
proposed monument sign location.
6. That the existing driveways adjacent to Dale Avenue and Lincoln Avenue shall be removed and
replaced with standard curbs, gutters, sidewalk and landscaping as shown on Exhibit No. 1,
approved in connection with this conditional use permit. Said information shall be specifically shown
on the plans submitted for building permits.
7. That plans shall be submitted to the City Tra~c and Transportation Manager for review and approval
showing conformance with the current versions 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.
8. That the proposal shall comply with the sign requirements of the CL (Commercial, Limited) Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
Any additional on-site signs shall be subject to review and approval by the Planning Commission as
a"Reports and Recommendation" item. Further, wall signs shall be limited to what is shown on the
exhibits approved in connection with this conditional use permit, provided that the maximum number
of wall signs shall be limited to three (3) consisting of two (2) text signs and one (1) logo sign; and
that the final sign plans submitted for building permits shall indicate individually routed letters for the
sign copy areas. The monument sign base shall be finished in the same ledgestone as the building.
9. That the two (2) new driveways on Dale Avenue and Lincoln Avenue shall be aligned with the
proposed:parkirtg tot aisle and shal4 be FgEOnstr~~ted to accommodafe 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.
10. That the e~ha~ced pav~~g show~ cn Exh;~9t No. 4{a~provsd in connection with this conditional use
permit) shall be installed. Said information shall be specifically shown on the plans submitted for
building permits.
11. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
12. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610, and shall be maintained to the satisfaction of the Public Works Department,
Streets and Sanitation Division. Said turn-around area shall be specifically shown on the plans
submitted for building permits.
13. That the property owner shall provide the Electrical Engineering Division of the City of Anaheim
Public Utilities Department with a public utilities easement to be determined as electrical design is
completed.
14. That any necessary relocation of existing electrical facilities or street lights shall be at the expense of
the developer.
15. 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 area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plants 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.
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16. 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.
17. That because this project has landscaping areas exceeding two 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 Ordinance No. 5349. Said
information shall be specifically shown on the plans submitted for building permits.
18. 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 the Water .
Engineering Division of the Public Utilities Department.
19. That no alcoholic beverages shall be sold or consumed on the premises.
20. That no exterior vending machines shall be permitted on the property.
21. That no video, electronic or other amusement devices or games shall be permitted on the premises.
22. That no roof-mounted balloons or other inflated devices shall be permitted.
23. That no window signage shall be permitted, except as specifically approved herein.
24. That the parking lot serving the premises shall be maintained with lighting of sufficient power to
illuminate and make easily discernable the appearance and conduct of all persons on or about the
parking lot. Said-Figh~ir~g shall be decorativ~ a~d 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.
25. Tnat ~he~e shail be no publ9c t~l~~"c~~s maintairesi on the property, which telephones are located
outside the building.
26. 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 of occurrence.
27. 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.
28. That a Final Landscaping Plan shall be submitted to the Zoning Division for review and approval.
Said landscaping shall incorporate minimum twenty four (24) inch box sized trees and the Code-
required number of trees along the north, east and south property lines. Further, a landscaped
earthen berm and a hedge row shall be incorporated into the entire length of the setback adjacent to
Dale Avenue and Lincoln Avenue with the exception of ingress/egress areas. Further, dense
landscaping shall be provided adjacent to Dale Avenue and Lincoln Avenue to adequately screen
the drive-through lane. Said information shall be specifically shown on the plans submitted for
building permits.
29. That four (4) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or
properties. Said information shall be specifically shown on plans submitted for Police Department,
Community Services Division, approval.
30. That the legal owner of the subject property shall submit a letter to the Zoning Division requesting
termination of Variance No. 2812 (for waiver of permitted uses to establish an automotive diagnostic
center).
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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 Exhibit Nos. 1 through 13, and as conditioned herein. If the existing billboard is
retained, revised plans including the billboard shall be submitted to the Planning Commission as a
"Reports and Recommendations" item for a determination of substantial conformance.
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, 3, 4, 5, 6, 7, 8, 9, 10, 12, 15, 16, 17, 24, 28, 29
and 30, above-mentioned, shall be complied with.
33. That prior to final building and zoning inspections, Condition Nos. 13 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 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.
~HEfOREGOING F~ESOL~JTlON was adopted at tlie Planning Commission meeting of
September 23, 2002.
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CHAIRPERSON, ANAH IM CITY PLANNING COMMISSION
ATTEST:
~..2M~cry+-~~Q,O
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 September 23, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of
, 2002.
SECRETARY, ANAHEI CITY PLANNING COMMISSION
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