Resolution-PC 2003-29~
•
RESOLUTION NO. PC2003-29
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04657 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:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS PER MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 22, SOUTH 0 DEGREES 14 MINUTES 30 SECONDS EAST 128.40
FEET FROM THE CENTER OF SAID SECTION 22, SAID CENTER POINT BEING THE
INTERSECTION OF THE CENTERLINE OF CERRITOS AVENUE FROM THE WEST.
WITH THE NORTH AND SOUTH QUARTER SECTION LINE OF SAID SECTION 22,
SAID POINT OF BEGINNING BEING THE NORTHWEST CORNER OF THE LAND
DESCRIBED IN DEED TO ROBER H INGRAM AND OTHERS, RECORDED
FEBRUARY 28, 1958 IN BOOK 4213, PAGE 81 OF OFFICIAL RECORDS OF SAID
ORANGE COUNTY; THENCE NORTH 89 DEGREES 56 MINUTES 00 SECONDS
EAS..T_, .660-.70 FEET- TO THE NORTHEAST CORNER OF SAID. .IN~RAM--L~ND;
THENCE NORTH 0 DEGREES 15 MINUTES, 00 SECONDS WEST 85.75 FEET TO
THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO CARMEN
SCALZO AND WIFE, RECORDED FEBRUARY 13, 1958 IN BOOK 4194, PAGE 511 OF
SAII~ (~FFIC:IAI F2F~(~RIIS~ ~~IFI~f jF WFSTFRI Y GI QNC„ THF ~f,~1,~THFR1 V I INF ~1F
SAID SCALZO LAND 660.65 FEET TO THE WEST LINE OF SAID SOUTHEAST
QUARTER OF SECTION 22; THENCE SOUTH 0 DEGREES 14 MINUTES 30
SECONDS EAST ALONG SAID WESTERLY LINE OF SECTION 22, A DISTANCE OF
85.87 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 February 10, 2003 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 afl 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 Sections 18.48.020.050.0505(b), 18.48.070.050.0511 and 18.48.070.050.0521 to
permit the conversion and expansion of an existing legal nonconforming retail building into a semi-enclosed
fast food restaurant with waivers of the following:
(a) Sections 18.06.050.020.023.0233 - Minimum number of reauired parkinq sqaces.
18.06.050.020.024.0241 (131 spaces required; 74 spaces proposed)
18.06.080
and 18.48.110.120
(b) Section 18.48.070.090.0903
- Minimum structural setback and vard reauirements abuttinq
interior lot lines.
(10-foot wide fullv landscaped setback required;
none proposed)
cr\PC2003-029.doc -1- PC2003-29
~ •
2. That waiver (a), minimum number of required parking spaces, is hereby approved based
upon the information and conclusions set forth in the Parking Study submitted by the petitioner; that said
approval will not cause fewer off-street parking spaces to be provided for the approved use than the number
of such spaces necessary to accommodate all vehicles attributable to such use under the normal and
reasonable foreseeable conditions of operation of such use inasmuch as the parking provided on the
property meets the demand for off-street parking; and that the parking study indicates the hotel and fast food
restaurant uses on the property will generate a peak demand of 69 spaces, which is lower than the proposed
74 parking spaces.
3. That the parking waiver, based upon the information and conclusions set forth in the parking
study, will not increase the demand and competition for parking spaces upon the public streets in the
immediate vicinity of the proposed use inasmuch as no street parking is permitted along Harbor Boulevard
which is the public street immediately adjacent to the site, and that an adequate supply of parking will be
provided on site
4. That the parking waiver, based upon the information and conclusions set forth in the parking
study, will not increase the demand and competition for parking spaces upon adjacent private property in the
immediate vicinity of the proposed use inasmuch as an adequate supply of on-site parking will be provided
and all project-related parking is expected to occur on the subject site.
5. That the parking waiver, based upon the information and conclusions set forth in the parking
study, will not increase traffic congestion within the off-street parking areas or lots provided for such use
inasmuch as the parking demand forecast for the site is addressed by the supply provided on the site and a
surplus of parking spaces is expected to exist on the site at all times.
6. That the parking waiver will not impede vehicular ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of the proposed use inasmuch as adequate
parking is proposed to meet the projected parking demand for the proposed use; and that no street parking
IC YP~'!'Y11iiC(YI alnny H~rhnr R~~~Icyar~,i an~r,i 1hA g~yht Ijnoc an41 f4~rn:.^.y 8!'°8S fL`f °XlS.!^^y u;'~:'°::'~j~'S ^^
properties adjacent to the subject parcel will not be affected by the access or parking proposed for the
subject property.
7. That waiver (b), minimum structural setback and yard requirements abutting interior lot lines,
is hereby approved on the basis that the submitted evidence identifies special circumstances with regard to
the configuration of the property which do not apply to other identically zoned properties in the vicinity and
that strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties
within the Anaheim Resort Specific Plan Zone, as described in paragraph (17) of the Staff Report to the
Planning Commission dated February 10, 2003.
8. That, as conditioned herein, the proposed semi-enclosed fast food restaurant will not
adversely affect any adjoining land uses or the growth and development of the surrounding area inasmuch
as the modification and conversion of the existing legal nonconforming building into a semi-enclosed fast
food restaurant will bring the properry into greater conformance with the intent of the Anaheim Resort
Specific Plan by establishing a use which is permitted in the Specific Plan area, and will enhance the
property's appearance by enhancing the building facade and installing new landscaping adjacent to the
public right-of-way and providing for an outdoor dining area which is encouraged in the Anaheim Resort
Specific Plan.
9. That the size and shape of the property is adequate to allow full development of the
proposed use, as approved and conditioned herein, in a manner which is not detrimental to the particular
area nor to the peace, health, safety and general welfare of the surrounding land uses or citizens of the City
of Anaheim.
10. That the proposed use, as conditioned herein, will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area.
11. That granting 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.
-2- PC2003-29
. •
12. 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 and does hereby determine that the previously-certified
Environmental Impact Report No. 313 is adequate to serve as the required environmental documentation for
this request.
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 the property owner/developer shall be responsible for compliance with all of the mitigation
measures set forth in Mitigation Monitoring Plan No. 049 for this project, which incorporates those
mitigation measures included in the Anaheim Resort Mitigation Monitoring Program No. 0085 that are
applicable to the project, and for complying with the monitoring and reporting requirements established
by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the
property owner/developer shall be responsible for any direct costs associated with the monitoring and
reporting requirements to ensure implementation of those mitigation measures identified in Mitigation
Monitoring Plan No. 049, which is made a part of these conditions of approval by reference.
2. That ongoing during project operations, no more than ten (10) seats shall be provided at any time in the
outdoor patio dining area. All tables and seating areas shall be of high quality material such as
wcought-iror~ or other co~paFable material (no plastic ck~airs or tables shall be per-mitted} -F~~ther, any
umbrellas shall be a single color and no advertising of any business name or product on the umbrella
shall be permitted.
2. M~ TF-~~4 r~r~n„r tL+ ~~c~~~Mnro nf 4ho f~~ c~~ h~i~uiiiy Y°vi i iiii~ a~ i~ ~.^,i v~."i~°. y' v~:iia°-.iiLiLV~iO .f'i~i ~iiaii ~uvi i iii j~iai iS i3
the Police Department for review and approval which show the location of the robbery alarm and
the alarm specifications. The property owner/developer shall also submit a Burglary/Robbery Alarm
permit application (Form APD 516) to the Anaheim Police Department.
b) Prior to final building and zoning inspections and ongoing during project operations, the robbery
alarm shall be operational.
4. a) That prior to final building and zoning inspections, the property owner/developer shall modify the
hotel's Closed Circuit Television (CCN) security cameras to cover the fast food restaurant
entrance and cashier's area to the satisfaction of the Anaheim Police Department.
b) Ongoing during project operations, CCTV monitors and recorders shall be secured in a separate
locked compartment to prevent theft or tampering of the tape. The recorded CCN tapes shall be
kept for a minimum of thirty (30) days before being recorded over and CCTV tapes shall not be
recorded over more than ten (10) times per tape.
5. That ongoing during project operations, the monument sign and the building address shall be
illuminated during hours of darkness.
6. a) That prior to issuance of the first building permit, the property owner/developer shall submit plans to
the Planning Department, Building Division, which show rooftop address numbers which would be
visible to police helicopters. Said numbers shall be a minimum size of four (4) feet in height and
two (2) feet in width with a minimur~ line width of six (6) inches. The plans shall further indicate that
the numbers shall be painted or constructed in a contrasting color to the roofing material and that
the numbers shall face the street to which the structure is addressed. Numbers are not to be visible
from ground level.
b) Prior to final building and zoning inspections, the numbers shall be painted/installed on the roof.
The numbers shall be maintained so that they are legible ongoing during project operations.
-3- PC2003-29
•
•
7. a) That prior to issuance of a building permit, the property owner/developer shall submit plans for the
Anaheim Police DepartmenYs review and approval which provide for the installation of commercial
grade security hardware (e.g., deadbolt locks) on all exterior doors.
b) Prior to final building and zoning inspections, the security hardware shall be installed.
8. a) That prior to issuance of a building permit, the property owner/developer shall submit plans to the
Planning Department, Building Division, which show that all exterior doors have their own light
source, which shall illuminate the door area at all hours to make clearly visible the presence of any
person on or about the premises and provide illumination for persons exiting the building in
conformance with Section 5.7.5 (Exterior Lighting) of the Anaheim Resort Specific Plan. The
submitted plans shall show the location of the lights and the design of the fixtures and shall be
subject to the review and approval of the Anaheim Police Department.
b) Prior to final building and zoning inspections, the lighting fixtures shall be installed and be
operational; and on-going during project operations, said lighting shall be properly maintained.
9. a) That prior to issuance of a building permit, the property owner/developer shall submit plans to the
Planning Department, Building Division, which show the location of a`No Trespassing 602 (j) P.C.'
sign at the entrance to the parking area. The overall size of the sign shall be at least two (2) feet by
one (1) foot, and the background shall be white with black two (2) inch high letters. The sign shall
not encroach into the required finrenty six (26) foot wide landscape setback area adjacent to the
Harbor Boulevard ultimate public right-of-way.
-- - b} PrioF to-~i~al builcling-and zoniFlg inspes~ions; ~he sig~ shall be installed.---- --
10. a) That prior to issuance of a building permit, the property owner/developer shall submit plans to the
Planning Department, Building Division, which show the location of appropriate signs per California
~~°vFiiv~°v vv~°v ~~Lvvv~u~ ui aiia°. °uiiii uiiv~°. av ii i-°u F.ui i:i^CJ.' ~3TS~1. Tiig JIy11J jiiaii i ivi ci ~i.i vai.l i 11 li`~ i~`2.
required twenty six (26) foot wide landscape setback area adjacent to the Harbor Boulevard
ultimate public right-of-way.
b) Prior to final building and zoning inspections, the signs shall be installed.
11. That prior to final building and zoning inspections, the property owner/developer shall file an Emergency
Listing Card, Form APD-281, with the Anaheim Police Department.
12. 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 17, and as conditioned herein.
13. That the property owner/developer shall comply with the following conditions of approval set forth in
Ordinance No. 5454 adopted by the City Council on September 27, 1994 in connection with approval of
the Anaheim Resort Specific Plan No. 92-2 (the following condition numbers correspond to the numbers
set forth in Ordinance No. 5454):
(8) That prior to the issuance of each building permit, plans shall be reviewed and approved by the
Fire Department as being in conformance with the Uniform Fire Code.
(13) That prior to final building and zoning inspections, a licensed landscape architect shall provide a
letter to the Planning Department certifying that all landscaping and irrigation systems have been
installed in accordance with landscaping plans approved in connection with Conditional Use
Permit No. 2002-04657.
(14) That on-site landscaping and irrigation systems shall be maintained by the property
owner/developer in compliance with City standards.
-4- PC2003-29
~ ~
(15) That any tree planted within the Setback Realm shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead.
(16) That a licensed arborist shall be responsible for all tree trimming.
(18) That sweeping operations in the parking facilities shall be performed utilizing sweeping/scrubbing
equipment which operate at a level measured not greater than sixty (60) dBA at the nearest
adjacent property line.
(19) That pressure washing operations for purposes of building repair and maintenance due to graffiti
or other aesthetical considerations shall be limited to daytime hours of operation between 7:00
a.m. and 8:00 p.m.
(25) That prior to final building and zoning inspections, all plumbing or other similar pipes and fixtures
located on the exterior of the building shall be fully screened from view of adjacent public rights-
of-way and from adjacent properties by architectural devices and/or appropriate building
materials; and, further, such information shall be specifically shown on the plans submitted for
building permits.
(27) That the property owner/developer shall be responsible for the removal of any on-site graffiti
within finrenty four (24) hours of its application.
(33) That trash storage areas shall be provided and maintained in accordance with Exhibit No. 1 of
Conditional Use Permit No. 2002-04657 on file with the Planning Department. Such information
shall be specifically shown on the plans submitted for building permits.
(36) That all engineering requirements of the City of Anaheim, including preparation of improvement
plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities,
street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be
r;nmrn,liarl wifh ac raM~ircr,l h~ fhp C:i ~i Fn{~rjnogr 4n~ ~^ 4r~nr~~nr° ::'~~-~ ~Nn~~f~~~~~n~~ ~~ fii€ ii ~ ii i~
Office of the City Engineer, as may be modified by the City Engineer; and, that security in the
form of a bond, certificate of deposit, letter of credit, completion guarantee, or cash, in an amount
and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the
satisfactory completion of said improvements. Said security shall be posted with the City prior to
the issuance of a building permit or final map approval, whichever occurs first, to guarantee the
installation of the related improvements prior to final building and zoning inspections.
(37) That prior to issuance of each building permit, the appropriate Citywide Transportation Impact and
Improvement Fee shall be paid to the City of Anaheim in the amount(s) determined by City
Council Resolution. Consistent with the Fee Ordinance, fees may be reduced in consideration of
right-of-way dedication.
(38) That the property owner/developer shall participate in the Transportation Network (TMA) created
for The Anaheim Resort'TM and Anaheim Stadium Business Center and coordinated with the I-5
Traffic Management Plan.
(40) That prior to issuance of each building permit, unless records indicate previous payment, the
appropriate fees for Primary Mains, Secondary Mains and Fire Protection Service shall be paid to
the Public Utilities Department, Water Utility Division in accordance with Rule 15A and 20 of the
Water Utility Rates, Rules and Regulations.
14. That prior to the issuance of a building permit, the property owner/developer shall submit a Certificate of
Compliance application to the Public Works Department. A Certificate of Compliance shall be approved
by the City Engineer and recorded in the office of the Counry Recorder.
15. That prior to the issuance of the first building permit or within one (1) year from the date of this
resolution, whichever occurs first, the property owner shall submit a letter to the Planning Department
requesting termination of Variance No. 4300.
-5- PC2003-29
~
~
16. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 10, 2003.
~, ~~-O_
CMAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~~_.r+-•..+•-
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
S~FAT€ O~ CALI~ORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i~ ~icafi~ii i~'~ivi i i$~ vci iivi .cic~i cicai y a'3~ fi ic ~i iai icii i ~ vi~y ~ioi iiiii ~~ ~iLiiii i~iSSivi i~ uv i ici cv~
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on February 10, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~.- 'rJ~° day of
~~0 0.r , 2003.
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-6- PC2003-29