Resolution-PC 2007-8~. ~
RESOLUTION NO. PC2007-8
- A RESOLUTION OF TME ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0: 2006-05170BE GRANTED
(800 NORTH BROOKHURST BTREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional :
Use Permitfor certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCELS I AND 2 IN THE- CITY OF ANAHEfM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 51; PAGE 4 OFPARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the '
City of Anaheim on January 8, 2007,`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, 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 ofi 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 18.08.030.0040:0402 (Restaurants-Watk-up) to permit a walk-up
restaurant in conjunction with a home improvement store (Home Depot).
2. That the proposed use will not adversely affect#he adjoining land uses and the growth ~nd
development of the area in which it is proposed to be located.
3. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposal in a manner not detrimental to the particular area nor to the health and safety
because the property is large enough to contain the use without adversely affecting adjoining land uses;
4. 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 because thetestaurant is
anticipated to serve patrons already visiting the site.
5. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental 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 QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class 3(New Construction or Conversion of SmaH Structures), as defined in the
State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental
documentation.
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NOW, THEREFORE, BE 1T 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
safety and general welfare of the Citizens of the City of Anaheim:
1. That the owner shall submit a letter requesting termination of Conditional Use Permit No. 4045 (to
permit a portable food service use (hot dog cart) in conjunction with a permitted retail store} and
Conditional Use Permit No. 2802 (to retain an auto towing, impound and repair facility with waivers of
(a) structural setback, permitted encroachments, and yard requirements, (b) minimum dimensions of
parking spaces and (c) minimum number of type of parking spaces) to the Planning Services Division.
2. 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 the time of discovery.
3. That only one (1) walk-up restaurant shall be permitted and that no accessory equipment for cooking
or food service or displays shall be permitted in conjunction with this approvaL
4. That signage for sub}ect facility shall be limited to that shown on the exhibits submitted by the
petitioner. Any additional signage shall be subject to approval by the Planning Department
5. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed
form to the Anaheim Police Department.
That subject property shall be developed substantially in accordance with plans and speci~cations
submitted to the City of Anaheim by the applicant and which plans are on ~le with the Planning
Department marked Exhibit Nos. 1 through 4, and as conditioned herein.
7. 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 No. 1, 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
8. That prior to final building and zoning inspections, Condition Nos. 5 and 6, above-mentioned, shall be
complied with.
9. 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.
10. That timing for compliance with conditions of approval may be amended by the Planning Director upon
a showing of good cause provided (i) equivalent timing is established that satisfies the original intent
and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development
BE IT FURTHER RESOLVED that 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 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.
-2- PC2007-8
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BE ITFURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prio.r to the 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 appfication.
THE FOREGOING RESOLU710N was adopted at the Planning Commission meeting of
January 8,;2007. Said resolution is subject to the appeaF provisions set forth in Chapter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to app ocedures and may be rep{aced
by a City Council Resolution in the event of an appeal.
. . . .. . . . . . . . r . . .. . . .
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST: :
/''~'~,~~ '
- SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STA7E OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CiTY OF AiVAHEIM )
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 January 8, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
' ABSENT: COMMISSIONERS: FLORES
W WITNESS WHEREOF, I have hereunto set my hand this ~ day of
v~ , 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION