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Resolution-PC 2004-3• • RESOLUTION NO. PC2004-3 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4107, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC99-50, ADOPTED THEREWITH WHEREAS, on March 15, 1999, the Anaheim City Planning Commission did, by its Resolution No. PC99-50, grant Conditional Use Permit No. 4107 to construct a walk-up and drive-through fast food restaurant with outdoor seating in an existing commercial retail center; and that said Resolution includes the following condition of approval: That this conditional use permit is granted for a period of five (5) years, to terminate on March 15, 2004. WHEREAS, the property is developed with a walk-up and drive-through fast food restaurant with outdoor seating at 1614 West Katella Avenue and a commercial shopping center (Euclid Shopping Center) on 11 parcels; that the restaurant is located on a parcel also containing a Food-4-Less and Taco Bell; that the zoning is CL (Commercial, Limited); and that the Anaheim General Plan designates the overall property for General Commercial and Low Density Residential land uses; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain the walk-up and drive-through fast food restaurant with outdoor seating and to delete the time limitation, pursuant to Code Sections 18.03.091 (Termination or Modification of Amendments, Conditional Use Permits or Variances - Procedure), 18.03.092 (Termination or Modification of Conditional Use Permits or Variances - Grounds) and 18.03.093 (Extensions of Conditional Use Permits and Variances Approved with Time Limitations) of the Anaheim Municipal Code; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 12, 2004, 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 (Zoning Procedures-Amendments, Conditional Use Permits and Variances), to hear and consider evidence for and against said proposed amendment 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 use, as proposed to be amended, is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the use, as amended, will not adversely 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 use, as amended, is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 4. That the traffic generated by the use, as amended, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. Tracking No. CUP2003-04812 cr\PC2004-003.doc -1- PC2004-3 • . 6. That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission. 7. That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare. 8. That modification of the conditions of approval, including deletion of the time limitation, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under the conditional use permit as originally granted. 9. That no one indicated their presence at the public hearing in opposition to the proposal, and no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to retain a walk-up and drive-through fast food restaurant with outdoor seating at 1614 West Katella Avenue in an existing commercial retail center on a rectangularly- shaped 18.6-acre property located at the southeast corner of Katella Avenue and Euclid Street with frontages of 1,350 feet on the south side of Katella Avenue and 600 feet on the east side of Euclid Street; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4107 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved 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 City Planning Commission does hereby reinstate and approve Conditional Use Permit No. 4107 to retain a walk-up and drive-through fast food restaurant with outdoor seating in an existing commercial retail center without a time limitation; AND BE IT FURTHER RESOLVED, that the Planning Commission does hereby amend, in their entirety, the conditions of approval of Resolution No. PC99-50 adopted in connection with Conditional Use Permit No. 4107, to read as follows: That the landscaping planters shall be maintained as shown on Exhibit No. 2(submitted by the petitioner and approved by the Planning Commission under Resolution No. PC99-50). A minimum of four (4), minimum twenty four inch (24") box sized, trees shall be maintained in these areas. All trees and other landscaping shall be irrigated and maintained, and replaced in the event any tree or plant becomes diseased or dies. 2. That signage for the subject business shall be limited to that which is shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional proposed signs shall be subject to approval by the Planning Commission as a`Reports and Recommendations' item. 3. That no freestanding or roof-mounted signs shall be permitted. 4. That no signage shall be permitted on the awnings located on the north and south building elevations or on the umbrellas in the outdoor seating area. That the awnings and umbrellas shall be maintained in good repair at all times. 5. That no window signage shall be permitted with the exception of one (1) menu board each at the walk- up and drive-through windows. 6. That no-roof mounted balloons or other inflatable devices shall be permitted. 7. That no telephones shall be located outside the building. 8. That there shall be no sales of beer, wine or other alcoholic beverages of any kind on the premises unless a conditional use permit is approved authorizing such use. -2- PC2004-3 . • 9. That no video, electronic or other amusement devices or games shall be permitted. 10. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. 11. That the existing structure shall comply with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City. 12. That all plumbing and other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. 13. That the property shall be permanently maintained in an orderiy 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. 14. That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. 15. That three (3) foot high street address numbers shall be displayed and maintained on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to adjacent streets or properties. 16. That the outdoor seating area shall be limited to four (4) tables and eight (8) seats. 17. That subject property shall be developed and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and approved by the Planning Commission under Resolution No. PC99-50, and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 18. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 12, 2004. .. /~ ,.,,,. .. ~ ~l m~.,U~a~// ..- -~ ~ ,v.,~~,~ b RPERSON, ANAHEIM CITY PLANIVING COMMISSION A ENIOF~ECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -3- PC2004-3 ~ ~ I, Pat Chandler, Senior 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 January 12, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this,~~~~day of __ .t~au~~, 2004. ~ _ ~ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2004-3