Resolution-PC 94-121RE I~ION NO PC94-721
A RESOLUTION UF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3717 BE GRANTED, IN PART
WHEREAS, tho Anaheim City Plann(n~ Cornmissio~•~ did recofve e verified Petr'on for
Conditional Uso Permit for certa(n reai property situatod in tfie City ot Anahe(m, County ot Orange, State
of Caiilornfa, dosr,ribed as:
THE SOUTHEAS7 (]UARTER UF THF SOUTHEAST OUAR7ER OF 7HE
SOU7HEAST QUARTER OF SECTION 11, TOWNuHIP 4 SOiJTH, RANGE 11
WEST, IN THE RANCHO L4S C,OY07E5, CITY OF ANAHEIM, COUNTY 0~
ORA~F MISCELI.ANE0U5`MAPS!AN HE OFF CE O OT E COUN'oO ECOR aER
OF SAID COUNTY.
EXG.00 ~EET WID RLY~ING75 ~00 OFEET ONU ACH SIIDEI OF THE FOLOLOWING
DESCRIBED LINE:
BE~INNING AT THE SOUTHEAST CORNER OF SAID SECTION it; THENCE
ALONG TNE EAS'f LIN[ O~ SAID SECT:UN 11 (SAID EAST LINE BEING P.LSO
THE CENTER LINE OF 5TAN70N AVENUE, 60.00 FEET WIDE, !+S OESCRIBED
BY ACTION OF THE HOARD OF SUPERVISORS 0~ SAID COUNTY) NOR7H 0
DEG. t`.' 1U" WEST 612.23 FEE7 TO THE BEaINNING OF A CI.~RVE CONCAVE
WES7ERl.Y HAVING A RADIUS OF 2527.00 FF.ET; TH~~ICE NOFiTHERLY 881.23
FE~_T ALOMG SA~D ~URVE THROUGH A CENTR~L ANGLE OF 1J DEG. 58' 50".
ALSO EXCEPT THAT PORTION OF SAID LANI) CONVEYED TO THE S7ATE 0~
CALIFORNIA, BY D~G7 REGORDED JUPJE 10, t952, IN aAOK 2340, PA ~ 453
OF OFFICIAL RECORDS.
WHEREAS, the Cily Planninq Commission dkl hold s public het+ring 2t the Civic Conter
in the City o( A7alieim on September 7. 19J4 at t:30 p.m., notice of said pub~fc hearinp f~aving been duly
qiv~n as requ:rocf by law and fn accordanco ~vith the provisions of t~io Arwhefm Mun(cipal Code. ~hapter
t803. to hear and cor~s~der evidenco tor a~xl against aakl p-oPa~xi condNional use permit and to
investigate and make lindings ancl recommendations In connection therewilh; and
V1'HEREAS, sUk1 Commissfon, alter duo inspectf~n, invastigatlon nrul study made by itself
arxf in its bel~alf, and ahcr due conskleration ut all evidence and reports offered al said huaring, does tind
and detsrmme tne toUowing lacts:
t. That the propo~ecf use is prop~rty o~~< <~~r whicP~ e conditional use pormft is authorized by
Ananc+jrn Uunicf~l Coclo Settion 10.44.050.300 to ~ermrt a clrive•through/walk•up rostaurant whh ouidoor
dinin~ ~nd waivors o1 Itic fdlowfng:
(ai Sg_C,Jl9I1~ 4 4~ 4
,~rx! 16.4A,0~
(u! .~ ~S!~~ r,t_s ~~ 0~ r~7O 024
~n~~i~9.44 .44~.924
Minim~m sir~,,Myr i et ' .
r~"nimumsfr_'~~bte ~~!tl~a~.cas~tm~•
(Minimum ~~.^~V~'quired bQtwean start of IAne ancl ordr.rin~
d~r~ica: ~~.1L'SI Prop~sec!)
~ PC4Yt•17t
CR21 E;6MS.WP
2. 1'F~at waiver (a) is hereby denied on the basis that is was deleted (ollowing pubtic
notitication;
3. Th~t waiver (b) is i~areby approved on the basfs that thore aro spocial circumstancas
appl~cable to the property conslstfng of size and surroundings, which do not apply ta other identically
zoned pro~erties in the vicinity;
4. That strict appllcation of the 7_oning Code deprives the property of privileges enJoyed by
other propert!as under identfcal zoning classificat(on in the vicinity;
5. That the proposod use is properly one (or which a conditional use permit is authorizeri by
the Zoninc~ Code nnd that tho proposal is ~ompatibla with the axisting adjacent commercizl shopping
center;
6. That the proposod use will not adversoly affect thc~ adjolning land ~~sgs and the growth and
dQVOlopment of tt~e area iri which it Is proposed to be locateci;
7. That the size and shape of the site for tt~e propossd use fs ndequat~ to allow the fuli
developrnant o1 thQ proposeci use in a manner n~t cfetrime-tital tu the particular erea nor to the peace,
health, safety, and generai weltaro;
8. That tho traHic yonerated by tho proposetf use will n~t Impose an undue burden upon the
streels and highways designod and improvecl to carry 'lie traHfc fn the are~;
9. 'That the grantinq of the conditional u_a permit undor the condittons fmposed will nut be
detrimontal to the peace, health, safety and gone:al ~+~~I(are of the citizens of ihe City of Anahoim; and
10. That no one indicated tholr prosence at safd public hearinp In opposit(on; and that no
correspondence was receivod in opposition to tho st~bjoc: potitfoii.
~ALIFORNIA ENVIg.QNMENTAL ~U LI Y ACT FINDIN3: That tho Anaheim City Planning
Commfssion has roviewocf the proposai to permit a drive-through/walk•up restaurant with outdaor dining
and waivers ot minimum structurrat setback and minfmum diive-through iane requiroments on a
rectangula-ly shapod parael of land consisting of apFroximatgty 0.42 acre located ai the northwest corner
ol Lincoln Avenue and Bo~ch Boulovard, having approxlmate Irontageg of 135 toet ~n the north side on
Lincoln Avenue arxi 1~5 feet on the west side ~! Qeach Bcultrva~ nnd frrther descrfbed as 121 iVorth
B~ach Boulevard; and dr~s I~ereby approve the Negotive Declr~rntion upon findinfl that the declaration
rellect~ th~ indQpendent judgemont ot the lead ngency enci tha! it has conslderecl tl~o Negative Declaration
togelher with any comments roCeivecl during the puhlic review proce:~s and furti,er t'.ndina on Iha basis
ol !he initial stuciy and any r,ommonts received 11iai there Is nu substantfal ovidence tha- the project will
have u si~nificant eHect on tho environmont.
NOW, ~ HEREFORE, BE IT RE50LVED that mo Anahefm City Planniny Commiss(on does
hureby grant sub~act Petftion 1or Conditional U3e Parmit, En part, up~n the followfng corxfitfons which ar~r
hGreby found to be a necos3ary prerequisite to ihe proposc~f use ot the sub~ect proparty in arder lo
prezervQ the s3loty and flonera! weifarQ of the Citlzena of the City ot Anaheim:
1 That the owner of sub~uct property shall submit a le2ter requosling tRrminatfor~ of Vnrfance Mo. t053
~permitlinfl Chr{stmas troe sales), a~ut Conditfonat Uao f'ormit fVos. 24~10 (permitting A car v+ash in an
existiny service station) gr~l 3f6t {p~rmining a C•unit, 10,~00 sy.lt• eddition to a commerciat retail
c~nter wilh a parking wafver) to ~he Zoninfl ~ivision.
,2. PC94-121
2. That any proposecl freestanding sign on subJect propQrty shall be a monument-typc~ not exceeciin~
efght (A) feet in fieight and, fu~lher, that plans for sucli sign shall be submitted fo! Planning
Cornmission seview and approval as a"Reports and RecommendAtions" item prior to construction.
3. That a plan sheot for solid waste sturage and coll~ction, and a pian far recycling shall be Submittad
to the Dapartmant of Ma(ntenance tor review and approval.
4. That an on•site trash truck turn-around araa shall be providecl and maintafred to the satisfaction of
the Department of Maintenanr.o. Sald turn-aro~nd area shall be speciifcally shown on plans submittecl
for building permits.
5. Tfiat Final Parcel Map No. 90-273 io rocor~ the division of subject property shall be submitted to and
approvad by the City of Anahe!m P~blic Works Department and shAll then be ror.o;dod fn the OHice
of the Orange County Recordor.
fi. That plans shall be submitted to the City 7raffic and TrAnsportat(on Manager for his review and
approval showing contormance with the latest revisfons of Engineering Standard Plan ~los. 436 ard
602 pertaining to parking standards and driveway locatfons. Subject property shatl thereupon be
devoloped and maintainecl in conformanca with said plan3.
7. That, unless otherwise ~pproved by the City TraHir, and 7ransportation Manoqer, a minimum sixteen
(16) foot inner radius and twenty six (26) foot outer radfus shall be required ior ali turning
mov~ments. Said dimens(ons shall be spacitically shown on the plans submitted for building permits.
8. That landscape plans shall be submitted for Planning Commission f~r rovfew and approval as a
"Reports and Recommenc!ations" item showing compliance witt~ current Code-requfred landscaping.
Safd plans si~all spacifically show that the proposed iivo (5) foot wide landscaped setback adjacent
8eacli Boulevard shall bo planted witti minimum fifteen (t5) galton trces.
9. That cubject property shall be developed subatanti~lly in eccordance with plans t~nd specfticati~ns
subriii;ted to the City of Anaheim by the petiifoner and which plans aro on file with tho Planning
Department marked Exhibft Nos. 1 through a.
10. Tha; prior to Issuance ot a buflding permit or with(n a pericxi of ona (t) year from the date of this
rosol~~tion, whichever occurs tirst, Condition Nos. 1, 3, 4, 5, E, '7 and 8, abova•mentloned, shall be
compiieci with. Extensfons tor turther time to comp~gta safd ccnditions may bn grantt~J fn accordence
with Section 18.U3.090 of the Anaholm Municfpal Ccx1e.
tt. That prior to final buildinfl and zoni~ig inspections, Conditfon No. 9, above•mentioneci, shal~ bo
cornplfed with.
12. 7hAt appruval of thfa applicatfon constitid9s gpproval ot the ~roposed re#quest only to the e~Rent that
it com~lies with tho Anaheim Municipal Zoning ~ode anct any other epplicable City, Statu and Fecfgral
regulations. ~pproval does not Include any action or findings as to complfance or approval o( ihe
r~quesi reqardfnfl ony otner nppticabie ordinpnce, rog~iation or requlrement.
BE IT FURTHER RESdI.VED thAt the Anaheim City Planning Commission does horeby tind
and cletermine Ihat aJoptfor. of thi3 P.esolutfon is expressly preclicatc~ci upon applicant's cortiplf~nce with
aach and all of the ~onditions hereinab~ve set lorth. Should any such condition, or any part thoreof, be
declara~ irrvaiid or unnnforceable by the final ~udgmont ~f any cuurt of compotent ~urisdictfon, then this
Resolutfon, ~rxS any np{~rovnls herefn contafncxl, shall be doemod null and vnkl.
.3. PC9A-~21
THE FOREGOING NE50WTION was adopted at the Planning ComRdsslon meotfng of
September 7, 19~4. .,
~~~~L.EiCt~.i ,C~..._G~~~~_.~~ ,
CHAIRWOM~N ANAHEIM CI'fY PtAd1PJING COMMISSION
A7TEST:
~ ~~o,....~
,8E ETARY, ANAH • CITY PIANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Janet L. Jenson, SecrE~tttry of the Anaheim City Planning Commission, do hereby certffy
that the foregoing rosolution was passect ard adoptod at a meeting of tho Anaheim City Flanning
Commission held on Sep!ember 7, 199d, by the iollowing vote of she members thereoi:
Al~'ES; COPdMISSiONERS: SOYDSTUN, CALDWELL, HENNINGER, MAYER, PERAZA, TAIT
NOES: COMMIS~IONERS: NONE
ABSENT: COMMISSIONEHS: MESSE
IN WI'fNESS 1NHEREOF, I have iiereunto set my hand this n t1, day of
'~~~~~~ 1994.
~ CRET~NAH i CITY PLANNING COMMIS5IUN ~
~ ~
,,~- PC~4-121