Resolution-PC 2005-78~ ~
RESOLUTION NO. PC2005-78 '
A RESOLUTION OF THEANAHEIM PLANNING COMMISSION
AMENDING CERTAiN CONDiTIONS OF APPROVAL OF
RESOLUTION NO. PC97-177 ADOPTED IN'CONNECTION.
WITH CONDITIONAL USE PERMIT NO. 3985
(5624-5646 EAST LR PALMA AVENUE) .
WHEREAS, the Anaheim Planning Commission did, by Resolution No. PC97-177 grant
Conditional'Use Permif No. 3985 to permit the demolition ofi a 6,OOQ square foot building and construct a
2,912 square foot drive-through, fast food restaurant with outdoor seating with waivers of permitted waU
signs, minimum number of parking spaces; minimum drive-through lane requirements, and required
improvement of setbacks.
WHEREAS, the Anaheim Planning Commission did receive a verified Petition to amend '
Conditional Use Permit No: 3985 to reconfigure a drive-through lane and parking iot for an existing fast
foodrestaurant and adjacent commercial retail center:for certain real properties situated in #he City of
Anaheim, County of Orange, State of California, described as:
PARCEL A: PARCELS 1 AND 2, AS SHOWN ON A MAP FILED IN BOOK 100, .
PAGES 17 AND 18 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA.
EXCEPT THAT PORTION DESCRIBED AS PARCEL 1 IN THE DEED TO THE CITY' OF
ANAHEIM RECORDED MAY 10, 2000 AS INSTRUMENT NO. 20000246706, OFFICIAL
RECORDS.
PARCEL B: PARCEL 1, IN THE CITY OF ANAHEIM, AS SHOWN ON THAT CERTAW
LOT LINE ADJUSTMENT PLAT RECORDED IN BOOK 13026, PAGE 1493 OF OFFICIAL
RECORDS.
EASEMENT FOR INGRESS, EGRESS, PARKING AN UTIUTIES, AS SET FORTH IN THE
~ DECLARATION OF ESTABLtSHMENT OF PROTECTIVE COVENANTS, CONDITIONS
AND RESTRICTIONS AND GRANTS OF EASEMENTS RECORDED SEPTEMBER 16, 9977
IN BOOK 12380, PAGE 316, AND AMENDED BY THOSE CERTAIN AMENDMENTS
RECORDED APRIL 7, 1978 IN BOOK 12627, PAGE 491, JANUARY 24, 1979 !N BOOK
13010, PAGE 1680, APRIL 6, 1989 AS INSTRUMENT NO. 89-181576 AND FEBRUARY 2,
1998 AS INSTRUMENT NO. 19980055625 AND RE-RECORDED APRIL 13, 1998 AS
INSTRUMENT NO. 19980215274, ALL OF OFFICIAL RECORDS OF ORANGE COUNTY,
CALIFORNIA.
EXCEPT THAT PORTION DESCR{BED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL 3, AS SHOWN ON A
MAP FILED IN BOOK 100, PAGES 17 AND 18 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 01 ° 23' 00" EAST 40.01
FEET ALONG THE WESTERLY LINE OF SAID PARCEL 3; THENCE SOUTH 82° 29' 34"
WEST 39.18 FEET TO THAT CERTAIN COURSE IIV THE BOUNDARY OF PARCEL 4 OF
SAID PARCEL MAP THAT HAS A BEARING OF NORTH 01° 27' 00" WEST AND A
DISTANCE OF 43.44 FEET; THENCE SOUTH 01 ° 27' 00" EAST 42.46 FEET ALONG SAID
CERTAIN COURSE TO THE SOUTHERLY LINE OF SAID PARCEL 4; THENCE NORTH
78° 23' 00" EAST 37.57 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF
BEGINNING.
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` ALSO EXCEP7ING THA7 PORTION DESCRIBED AS PARCEL 2 JN THE DEED TO THE
CITY OF ANAHEIM RECORDED MAY' 10, 2000 AS INSTRUMENT NO. '20000246706
OFFICIAL RECORDS. '
' PARCEL'C: NON-EXCLUSIVE EASEMENTS APPURTENANT TO PARCELS A AND B
ABOVE FOR' THE PARKING OF PASSENGER VEHICLES, PEDESTRIAN AND
VEHICULAR INGRESS AND EGRESS, PUBLIC UTILITIES, AND FOR SIGH7 ADDITIONAL
PURPOSES AS SET FORTH AND DEFINED JN THAT CERTAIN DECLARATION OF
fSTABLISHMENT OF PROTECTIVE COVENANTS,' CONDITIONS AND RESTRICTIONS
AND'GRANTS OF EASEMENTS,'RECORDED SEPTEMBER 16, 1977 IN. BOOK 12380,
' PAGE'316 AND AS AMENDED BY INSTRUMENTS RECORDED 7, 1978' IN BOOK 12627,
PAGE 491, RECORDED JANUARY 24, 1979 IN BOOK 13010, PAGE 1680 AND
RECORDED FEBRUARY 2, 1998 AS INSTRUMENT NO. 19980055625, ALL OF OFFICIAL
RECORDS:
PARCEL D: PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF 'CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 10Q PAGES 17 AND 98 OF
PARCEL.MAPS 1N THE OFFICE'OF THE COUNTY'RECORDER OF SAID COUNTY,:AS
ADJUSTED AND SHOWN AS PARCEL 2 ON A LOT LINE ADJUSTMENT PLAT
RECORDED FEBRUARY 6, 1979 IN BOOK 13026, PAGE 1493, OFFICIALRECORDS.
ACCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN DEED TO
ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED JANUARY 31, 1980 IN
BOOK 13486, PAGE 1453, OFFICIAL RECORDS. .
WHEREAS, these properties are developed with an existing drive through fast food '
restaurant and adjacent commercial retail center, are zoned SP 94-1, D.A. 5(SC) (Northeast Area
Specific Plan, Development Area 5-Commercial Area; Scenic Corridor Overlay), are located within the '
Merged Redevelopment Project Area, and the Land Use Element Map of the Anaheim General Plan
designates these properties for General Commercial land uses
WHEREAS, the Planning Commission did hold a publicfiearing at the Civic Center in the
City of Anaheim on May 2, 2005, at 2:00 p.m., notice of said public hearing having been dulygiven 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 fast food drive-through restaurant is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section Nos. 18.120.100.050.0522 and 18.38.220.010.
2. That the proposed drive-through lane modi~cation will not aversely affect the adjoining
land uses and the growth and development of the area in which it is located.
3. That the size and shape of the site for the proposed drive- through lane modification is
adequate to allow full development of the use in a manner not detrimental to the particular area nor to the
health and safety; and that said modification will improve internal vehicular circulation and result in a net
increase of parking spaces on the property
4. That the traffic generated by the proposed drive-through lane modification will not impose
an undue burden upon the streets and highways designed and improved to carry the traffic in the area
and wiU improve internal circulation on the property. '
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5. That granting this conditional use permit will not, under the conditions imposed, be
detrimentai to the health and safety of the citizens of the City of Anaheim.
6. 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 QUALITYACT FINDING: That the Anaheim Planning'
Commission has reviewed theproposal to amend previously-approved exhibits toreconfigure a drive-
through lane and parking lot for an''existing fast food restaurant and adjacent commercial retail center,
and does hereby approve the previously approved Negative Declaration upon finding that no significant ,
- adverse environmental impacts would result from any changes to the existing project, and that the
previously-approved Negative Declaration in connection with Conditional Use Permit No. 3985 serves as
the required environmental documentation for this request upon a finding by the'Commission that the
Negative 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 lnitial Study (a copy of which is'available for review in the Planning
Department) and any comments received that there is no substantial evidence that #he project will have a
` 'significant effect on the environment. -
' NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby amend, in its entirety, the conditions contained in Resolution Na PC97-177 to read as follows:
1. That the parking lot serving the premises shall be:equipped and maintained 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 lighting shall be directed, positioned and shielded'in such a manner so
as not to unreasonably illuminate the windows of nearby businesses.
2. That compact parking spaces sha11 not be permitted.
3. That plans for the drive-through lane modification shall be submitted to the City Traffic and
Transportation Manager for review and approval.:
4. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
5. That there shaU be no public telephones on the premises located outside the buifding.
6. That the proposal shall comply with all signing requirements of the SP 94-1; D.A. 5(SC) (Northeast
Area Specific Plan; Commercial Area; Scenic Corridor Overlay) Zone.
7. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing con~ormance with the current versions of Engineering Standard Plan Nos. 436 and 470
pertaining to parking standards and driveway locations. Subject property shall thereuponbe
developed and maintained in conformance with said approved plans.
8. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
9. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department, Streets and Sanitation Division and in accordance with approved plans on file
with said Depa~tment.
10. That the property owner shall submit a letter requesting termination of Conditional Use Permit Na
4115 (to permit an amusement device arcade with up to 170 amusement devices within a proposed
family entertainment center with waiver of minimum number of parking spaces at 5634-5636 East La
Palma Avenue) to the Planning Services Division:
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11. That subject property shall be'developed substantially in accordance with plans and specifications
submitted #o the City of Anaheim by the applicant and which pians are on file with the Planning
Department marked Exhibit No. 1(Revision No. 2), 2, 3, 4, 5, 6,' 7, 8a, 8b, 8c, and 8d, and as
conditioned herein.
12. That prior to the commencement of the activity authorized by the resolution, or within one (1) year
from the date of this resolution, whichever occurs first, Condition Nos.3, 7, 11 and 12
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 #he Anaheim Municipal Code.
13. That approval of this application constitutes approvaf of the proposed request only to the extent that
-it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and .
Fede~al regulations: Approval does not include any action or findings as to campliance or approval
of the requestregarding any other applicable ordinance, regulation or requirement. '
BE IT FURTHER RESOLVED thaf the Anaheim Planning Commission does hereby find
and determine that adoption of this Resolution is expressly predicated upon. applicant's compliance with
each and all of the conditibns 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.
AND BE IT FURTHER RESOLVED that the property owner/developer 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 to the commencement of the activity 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 of
May 2, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of
the Anaheim Municipal Code pertaining to appeal proce s and may e re d by a City Council
Resolution in the event of an appeaL '
CHAIRMAN, A AHEI PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 May 2, 2005, by the following vote of the members thereof: '
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES,' KARAKI, PEREZ, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: ONE VACANCY
{N WITNESS WHEREOF, { have hereunto set my hand this ~ day of
L , 2005. )
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SECRETARY, ANAHEIM PLANNING COMMISSION
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