Resolution-PC 2005-111~ ~
RESOLUTION NO. PC2005-111
A RESOLUTION OF THE ANAHEIMPLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2005-04997 BE GRANTED
(100 and 130 NORTH STATE COLLEGE BOULEVARD)
WHEREAS, the Anaheim 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: LOT 85 AND THE WESTERLY 14.00 FEET OF LOT 84 OF TRACT NO.
1843, 1N THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE-0F CALIFORNIA,
AS SHOWN ON A MAP RECORDED IN BOOK 53, PAGES 45 'AND 46 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CAGFORNIA
EXCEPTING THEREFROM THAT PORTION OF LAND TO THE CITY OF ANAHEIM,
BY DEED RECORDED OCTOBER 30, 2003 AS INSTRUMENT NA 2003001335345 OF
OFFICIAL RECORDS.
PARCEL 2: TRACT N0. 1635, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 49, PAGES 1 AND 2 '
OF MISCELLANEOUS MAPS, W THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPTING THEREFROM THE EAST 125.00 FEET THEREOF.
ALSO EXCEPTION THEREFROM THAT PORTION CONVEYED TO THE CITY OF
ANAHEIM, A MUNICIPAL CORPORATION, IN DEED RECORDED MAY 22, 1962 IN
BOOK 6117, PAGE 980, OFFICIAL RECORDS.
PARCEL 3: THE EAST 62.50 FEET OF THE WEST 127.50 FEET OF LOT 98 OF
TRACT NO. 1635, IN THE COUNTY OF ORANGE, STATE OF CAUFORNIA, AS PER
MAP RECORDED IN BOOK 49, PAGES 1 AND 2 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 25, 2005, at 2:30 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 18.60
"Procedures", 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 all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the petitioner requests approval of a conditional use permit under authority of Code
Section No. 18.08.030.040.0402 to construct a commercial retail center and a fast food restaurant with a
drive-through and outdoor seating with waivers of the following:
(a) SECTION NO. 18.08.060.010.0101 Minimum landscaped setback adiacent
to a residential zone boundarv (10 feet
required; 5 feet proposed)
(b) SECTION NO. 18.08.060.020 Minimum setback for a trash enclosure
adiacent to a residential zone boundarv
(10feet required; 5 feet proposed)
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(c) SECTION NOS. 18.08.070 AND Minimum number of parkinq spaces
18.42.040.010 ~ (55 required; 47 proposed and
recommended by the City Traffic and
Transportation Manager)
- 2.' Thatthe above-mentioned waiver (a) pertaining to the:minimum landscaped setback
adjacent to a residential zone boundary and waiver'(b) pertaining to the minimum setback for a trash
enclosure adjacent to a residential zone boundary are hereby granted based on the existing narrow shape of
' theproperty, constraints associated with having three street frontages and the'fact that there are similar
circumstances of reduced setbacks along State College Boulevard due to,street widening and therefore,
strict application of the Zoning Code would deprive the property of privileges enjoyed by other commercial
properties along State College Boulevard that have setbacks adjacent less that 9 0 feet adjacent to
residential zone boundaries. Further, the location would maintain all of the loading and unloading on-site,
and would provide the least amount ofitrash truck trips within the alley.
3. That the above-mentioned waiver (c) pertaining to the minimum number of parking spaces is
hereby granted based on the parking analysis prepares by LSA Associates, Inc. and the Traffic and
Transportation Manager's analysis and recommendation, this waiver is granted based on the following
findings:
"(a) That the waiver, under the conditions imposed, if any, will not cause fewer off=street
parking spaces to be provided for such 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.
The observed parking demand of a similar Taco Bell restaurant is 6.2 spaces per ,1,000
square feet. Application of this rate would result in a peak demand of 17 parking spaces
at the proposed site. The project would provide a total of 47 parking spaces. As a result,
the project will provide adequate off-street parking to accommodate alf vehic{es
attributable to the project under normal operation.
(b) That the waiver, under the conditions imposed, if any, will nof increase the demand and .
competition for parking spaces upon the public streets in the immediate vicinity of the
proposed use.
As demonstrated in this parking study, the project will provide adequate parking on-site to
accommodate parking demand under normal operation. Residual parking of up to 52
percent is forecast to account for other adjacent parking demand or increase in the
attraction of the proposed project. On-street parking is not anticipated for this use.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the proposed
use.
The project will provide adequate parking on the project site to accommodate its parking,
generation. No demand for parking on adjacent private property is forecasted.
(d) That the waiver, under the conditions imposed, will not increase tra~c congestion within
the off-street parking areas or lots provided for such use.
Design and layout of parking considers good traffic flow and minimizes the need to
circulate to find parking. The retail use and the Taco Bell restaurant will provide adequate
parking on site. Therefore, traffic congestion is not anticipated with implementation of the
project.
(e) That the waiver, under fhe condifions imposed, will not impede vehicular ingress to or '
egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
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The project is proposing to provide vehicular access to the site along State College -
Boulevard and Center Street. The locations of the proposed driveways will not impede
vehicular ingress to or egress form adjacent properties. Furthermore, it has been
established previously that a sufficient suppiy of off-street parking will be provided to meet
the forecasted parking demand. Therefore, no stacking onto the public street nor
bl,ocking an adjacent driveway would be expected to occur."
4. That the proposed fast food restaurant and commercial retail building as conditioned herein
would not adversely affect the adjoining land uses and the growth and development ofthe area in which it is
proposed to be located.
5. That the size and shape of the site is adequate to allow full development of the proposal in a
manner not detrimental to the particular area nor to the health and safety.
6. That the traffic generated by the proposed use will not, under the conditions imposed, impose
an undue burden upon the'streets and highways designed and improved to'carry the traffic in the area
because the design of the fast food restaurant and commercial retail center provide adequate access from
State College Boulevard, Underhill Avenue and the public alley.
7. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the health and safety of the citizens of the City of Anaheim and will provide an additional outlet
for the purchase of goods and services.
8. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning
Commission has reviewed the proposal to construct a commercial retail center and a fast food restaurant
with a drive-through and outdoor seating permit a four-unit commercial retail building and does hereby
approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the
lead agency and that it has considered the Negative Declaration together with any comments received
during the public review process and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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
health and safety of the Citizens of the City of Anaheim:
1. That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a
separate conditional use permit is approved by the Planning Commission.
2. That no video, electronic or other amusement devices shall be permitted on the premises.
3. That all public phones shall be located inside the building.
4. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide
adequate illumination to make clearly visible the presence of any person on or about the premises
during the hours of darkness and provide a safe, secure environment for all persons, property, and
vehicles on-site. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of the adjacent residential properties. Light fixtures shall be
a maximum of 12-feet in height. Said information shall be specifically shown on plans submitted for
Police Department, Community Services Division approval.
5. That all trash generated from this fast-food restaurant and commercial retail center shall be properly _
contained in trash bins located within approved trash enclosures: The number of bins shall be
adequate and the trash pick-up shall be as frequent as necessary to ensure'the sanitary handling and
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timely removal of refuse from the property. The Community Preservation Division of the Planning
Department shall determine the need for additional bins or additional pick-up. All costs for increasing
the number of bins or frequency of pick-up shall be paid by the business owner.
6. 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 dead.
7. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
8. That no outdoor vending machines shall be permitted on the property.
9. That 4-foot high street address numbers shall be displayed on the roof of the' building in a color that
contrasts with theroof materiaL The numbers shall not be visible from the streets or adjacent
properties. Said information shall be specifically shown on plans submitted for building permifs.
10. That there shal( be no outdoor storage permitted on the premises.
11. That the property owner shall submit a letter to the Planning Services Division requesting termination
of Conditional Use Permit No. 1031 (to establish a walk-up restaurant) and Conditional Use Permit Na
1228 (to permit on-sale beer and wine in a restaurant).
12. That roof-mounted equipment shalt be screened from view in accordance with`the requirements of
Anaheim Municipal Code Section 18.38.170 pertaining to the GG (General Commercial)`Zone. Said
information shall be specifically shown on plans submitted for building permits.
13. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
14. That the number of tenant spaces for this commercial retail center shall be limited to three (3), '
including the fast-food restaurant. Said information shall be specifically shown on plans submitted for
building permits.
15. That the design, size, and placement of the wall signage and monument signage shall be limited to
that which is shown on the exhibits submitted by the petitioner and approved by the Planning
Commission; including the removal of the "bell logos" from the south, east and west elevations of the
drive through restaurant. Final sign plans shall be submitted to the Planning Services Division for
review and approval as to placement, design and materials. Any decision by staff may be appealed to
the Planning Commission as a`Reports and Recommendations" item.
16. That all backflow equipment shall be located above ground and outside of the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all public streets and alleys. Said information shall be
specifically shown on plans and approved by the Water Engineering Department.
17. That all requests for new water senrices or fire lines, as well as any modifications, relocations, or
abandonments of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
18. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter
shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information
shall be specifically shown on plans submitted for building permits.
19. That all existing water services and fire lines shall conform to current Water Service Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use if necessary or abandoned if the existing water service is no longer needed.
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The owner/developer shall be responsible for the costs to upgrade or to abandon any water service of
fire line.
20. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works
Department; Development Services Division for review and approval a Water Quality Management
Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
ManagementPlan. .
• Incorporates Treatment Control BMPs as defined in DAMP:
• Describes the long-term operation and maintenance requirements for the Treatment Control BMPs.
. Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs, and describes the mechanism for funding the long-term operation and
maintenance of the Treatment Control BMPs.
21. That prior to issuance of a certificate of occupancy, the applicant shalL•
• Demonstrate that all structural BMPs described in the Projecf WQMP,have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all hon-structural BMPs described in the
Project WQMP
• Demonstrate that an adequate number of copies of the approved Projects WQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
22. That prior to the issuance of a building permit, a Lot Line Adjustment shall be submitted to and
approved by the Public Works Department and then recorded with the Office of the Orange County
_ Recorder.
23. 'That an unsubordinated reciprocal parking, maintenance and access agreement shall be executed in a
form satisfactory to the City Attorney, and recorded with the Office of the Orange County Recorder. A
copy of the recorded agreement shall be submitted to the Planning Services Division prior to the
issuance of a building permit.
24. That gates shall not be installed across any driveway or private street in a manner which may
adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to
Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic
and Transportation Manager. Said information shall be specifically shown on plans submitted for
building permits.
25. 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
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).
26. That any required relocation of City electrical facilities shall be at the developer's expense.
27. That no required parking area shall be fenced or otherwise enclosed for Qutdoor storage uses.
28. That plans shall be submitted to the Traffic and Transportation manager for his review and approval
showing conformance with Engineering Standard No. 115 pertaining to sight distance visibility for the
monument sign and wall/fencelocation.
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29. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval in conformance with the current version of Engineering Standard Plan Nos. 436, and 470
- pertaining to parking standards and driveway location. Subject propertyshall thereupon be deVeloped
and maintained in conformance with said plans.
30. That the drive-through lane shall be designed to meet the radius standards'(minimum 16 feet interior
and 26 feet outer radius). Said information shall be specifically shown`on plans submitted for building
permits. _
31. That an on-site trash truck turn around area be provided per Engineering Standard Detail No. 476 and
as required by the Maintenance Divisions. Said information shall be specifically shown onplans
, submitted for building permits. -
32. That a plan sheet for solid waste storage, collection and a plan for recycling shal( be submitted to the
Public Works Department; Streets and Sanitation Division for review and approvaL
33. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department 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 from adjacent streets or ,
highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of
plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers
or tall shrubbery: Said information shall be specifically shown on the plans submitted for building
permits.
34. That the project shall provide for truck deliveries on-site. Such information shall be specifically shown
on plans submitted for building permits.
35. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed
form to the Anaheim Police Department.
36. That final elevation plans shall be submitted to the Planning Services Division. Said plans shall be
designed to preclude the visibility of interior storage for the individual tenants from State College
Boulevard. Any decision by staff may be appealed to the Planning Commission as a"Reports and
Recommendations" item.
37. That all plumbing 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.
38. That a final landscape plan shall be submitted to the Planning Services Division for review and
approval. Said plans shall specify minimum 24-inch box sized trees, clinging vines along all perimeter
block walls and landscaped fingers every ten (10) parking stalls. Any decision by staff may be
appealed to the Planning Commission as a"Reports and Recommendations" item.
39. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department Exhibit Nos. 1 through 15, and as conditioned herein.
40. 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. 4, 9, 11, 12, 14, 15, 16, 18, 19, 22, 23, 24, 25, 28, 29,
30, 31, 32, 33, 34, 35, 36, 37, 38 and 39 above mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in accordance with Section 18.60.170 of the
Anaheim Municipal Code.
41. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition No. 20 shall be complied with. Extensions for further time
to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code. '
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42. That prior to final building and zoning inspections, Condition'Nos. 21, 36 and 39, above mentioned,
shail be complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal Code. '
43. That approval of this application constitutes approval of the proposed requesf 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 Planning Commission does hereby find and
determine thaf adoption of this Resolution is expressly predicated upon the 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 7 days of the issuance of the final invoice or -
prior tothe issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting on July 25,
2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim
Municipal Code pertaining to appeal procedures and may be replace ity Co olution in the event
of an appeaL
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CHAIRMA , NA EIM PLANNING COMMISSION
ATTEST:
~~~n /y~2v-~:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on July 25, 2005 by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI, PEREZ
IN WITNESS WHEREOF, I have hereunto set my hand this IV T~ day of
~ u' vt ~" . 2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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PC2005-111