Resolution-PC 2002-38~ •
RESOLUTION NO. PC2002-38
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04502 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Orange, State
of California, described as:
LOTS 14 AND 15, THAT PORTION OF VACATED ALLEY (20 FEET WIDE)
ADJACENT TO SAID LOTS 14 AND 15, AND THE WESTERLY 20 FEET OF LOTS 16
AND 17 OF TRACT NO. 1843, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP
RECORDED IN BOOK 53, PAGE (S) 45 AND 46, OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH SIDE LINE OF EAST CENTER STREET,
AT THE POINT OF BEGINNING AND MOST EASTERLY EXTREMITY OF A CURVE,
CONCABE SOUTHEASTERLY, HAVING A RADIUS OF 15 FEET, AND TANGENT TO
SAID SOUTH SIDE LINE AT SAID POINT OF BEINNING AND TANGENT TO THE
EAST SIDE LINE OF PLACENTIA AVENUE AT ITS POINT OF ENDING AS SHOWN
ON SAID MAP OF TRACT NO. 1843; THENCE WESTERLY AND SOUTHERLY
ALONG SAID CURVE, A DISTANCE OF 20.92 FEET TO SAID PONT OF ENDING;
THENCESOUTH ALONG SAID EAST SIDE LINE, A-D-ISTANCE OF 117.43 FEET, TO
THE SOUTHWEST CORNER OF SAID LOT 14; THENCE EASE ALONG THE SOUTH
LINE OF SAID LOT 14, AND THE PROLONGATION THEROF, A DISTANCE OF 120
FEET, TO A POINT IN THE EAST SIDE LINE OF SAID VACATED ALLEY; THENCE
NORTH ALONG SAID EAST SIDE LINE OF SAID VACATED ALLEY, A DISTANCE
OF 11.35 FEET, TO THE SOUTHWEST CORNER OF SAID LOT 17; THENCE EAST
ALONG THE SOUTH LINE OF SAID LOT 17, A DISTANCE OF 20 FEET; THENCE
NORTH PARALLEL WITH THE SAID EAST SIDE LINE OF PLACENTIA AVENUE, A
DISTANCE OF 343.56 FEET TO A POINT IN THE SAID SOUTH SIDE LINE OF EAST
CENTER STREET THENCE WESTERLY, A DISTANCE OF 129.62 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 March 11, 2002 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 February 25, 2002 Planning Commission meeting; 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 expand an existing fast food drive-through restaurant
with waiver of the following:
Sections 18.06.050.020.023.0233
18.06.080
and 18.44.066.050
- Minimum number of parking spaces.
(37 required; 24 existing and concurred with by the City Traffic
and Transportation Manager)
CR5315MG.doc -1- PC2002-38
• •
2. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the proposed 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 because the parking study indicates the peak parking demand for off-
street parking spaces is substantially lower than the number of spaces provided on the site.
3. That the 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
because the parking lot has more than adequate parking to accommodate the restauranYs peak parking
demand.
4. That the 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) because the project site parking lot is
physically separated from other adjacent development; and that there is no reason to encroach onto
other parking facilities because the restaurant's parking lot provides ample parking as indicated by the
parking study.
5. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for the proposed use because the supply of parking spaces is
almost double the anticipated project peak parking demand.
6. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent ~roper#ies upon the public streets in the immediate vicinity of the proposed use
because the project site is physically separated from adjacent private properties and, therefore, will not
impede traffic access into or out of adjacent parking lots.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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 fails within the definition ofi
Categorical Exemptions, Class 1(Existing Facilities), as defined in the State of California Environmental
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 foliowing 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 the developer shall submit an application for a Subdivision Map Act Certificate of Compliance
to ensure that the existing subdivision is in compliance with the Subdivision Map Act. A Lot Line
-2 - PC2002-38
•
•
Adjustment shall also be recorded to consolidate all of the existing parcels into one (1). The
Certificate of Compliance and the Lot Line Adjustment shall be recorded prior to issuance of
building permits.
2. That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying
the best management practices that will be used on-site to control predictable pollutants from storm
water runoff. The WQMP shall be submitted to the Public Works Department, Development
Services Division, for review and approval.
3. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 601/ 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
4. That all driveways 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.
5. That an on-site trash truck turn around area shall be provided in compliance with Engineering
Standard Detail No. 610 and shown on plans as required by the Department of Public Works, Street
Sweeping and Sanitation Division. Said information shall be specifically shown on the plans
submitted for building permits.
6. That trash storage area(s) shall be refurbished, including installation of trash enclosure gates, to the
satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with
approved plans on file with said Department. Said information shall be specifically shown on the
plans submitted for building permits.
That the property owner shall provide to the City of Anaheim an easement for public utilities to be
determined as the electrical design is completed. Said easement shall be submitted to the Ciry of
Anaheim prior to connection of electrical service.
That any required relocation of City electrical facilities shall at the developer's expense.
Landscaping and/or hardscape screening of all pad-mounted equipment shall be required. Said
information shall be specifically shown on the plans submitted for building permits.
9. That four (4) foot high street address numbers shall be displayed on the roof of each restaurant 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 the plans submitted for building permits.
10. 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.
11. That any roof and ground-mounted equipment shall be properly shielded from view from adjacent
streets and properties. Said information shall be specificaliy shown on the plans submitted for
building permits.
12. That all plumbing downspouts, ladders, and/or other similar pipes and fixtures located on the
exterior of the building 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.
13. That there shall be no public telephones on the premises located outside the building; and that no
exterior vending machines shall be permitted on the premises.
14. That window signage shall not be permitted for the drive-through restaurant.
-3 - PC2002-38
• ~
15. 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.
16. That a final landscaping and irrigation plan for subject property shall be submitted to the Zoning
Division for review and approval. Said plan shall specify:
(a) All trees planted on-site shall be minimum twenty four inch (24") box sized (for a total of two
(2) trees on State College Boulevard); and
(b) One (1) gallon vines planted on maximum three (3) foot centers adjacent to the existing block
wall.
Any decision made by the Zoning Division regarding said plan may be appealed to the Planning
Commission and/or City Council.
17. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
18. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 1606 (to permit a drive-through restaurant with waiver of
minimum number of parking spaces and maximum access drive-width).
19. That signage for subject facility shall be limited to that shown on the exhibits submitted by the
petitioner and approved by the Planning Commission. Any additional signs shall be subject to
review and approval by the Planning Commission as a"Reports and Recommendations" item.
20. 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 of Exhibit No. 1, and Exhibit Nos. 2 through 4, and as
conditioned herein.
21. 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, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 16 and 18,
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.
22. That prior to final building and zoning inspections, Condition No. 20, above-mentioned, shall be
complied with.
23. That approval of this application constitutes approvat 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.
-4 - PC2002-38
~ ~
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 11, 2002.
~
~t r~
CHAIRPER , ANAHEIM CITY NNING COMMISSION
ATTEST:
~
SE RETARY, 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 March 11, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this o~~~~ day of
~R r GLi , 2002.
_i~~~~- ~~i~-,_~-,-_. ~P~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-5 - PC2002-38