Resolution-PC 96-125~ ~
RESOLIlTION NO. PC96-125
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMIS~ION
TNAT PETITIO~1 FOR CONDITIONAL USE PERMIT N0. 3882 Bt GRANTED, IN PART
WhlEREAS, the Anaheim CNy Planning Commission did receive a verifed Petition for
Conditional Use Permrt for certain real properry sY~ated in the Ciry of Anaheim, County of Orange, State of
Cal'rfomia, described as
PARCEL A: PARCEL 1, AS SHOWN ON A MAP FlLED IN BaUK 50, PAGE 36 OF
PARCEL MAPS, IN T~iE OFFICE OF THE COUNTY RECORDER OF ORANGE
C~UNTY, CAUFORNIA
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IXCEPTING THEREFRQM THAT PORTION DESCRIBED IN PARCEL B ``,~~
HEREINAFTER DESCRIBED.
PARCEL B: PARCEL 1 OF PARCEL MAP NO. 79-738, AS SHOWN ON A iV1AP
FILED IN BOOK 144, PAGES 18 AND 19 OF PARCEL MAPS, IN THE OFFICE OF
' THE COUM'Y RECORDER OF ORANGE COUNTY, CALIFORN{A.
NlHEREAS, the City Planning Commission d(d hold a public hearing at the CNic Center
in the City of Anaheim on December 9, 1996 at 1:30 p.m., notice of said public hearing having t~een duly
given as required by law and in accordance with the provisions of the=i,nanein Munfcipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed condftional use permR and to
investigate and make flndings and recommendations in connectiun 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, c;oes flnd
and determfnA the fdlowing facts: ;
1. That the proposed use is properly one for which a conditfonai use perm(t is authcirized by
JAnaheim Municipal Code Sections 18.02.052.060, 18.44.054.30Q, and 18.84.062.032 to permit 5,209 sq.ft.
of fast food restaurant use (3,850 sq.ft. for the subject restaurant proposal, inciuding an 800 sq.ft. outdoor
seating area), 1,049 sq.ft. of lease space for a future enclosed restaurant, 310 sq.ft. for an A.T.lu1. service
area, and roof-mounted equipment in an ex~sting 116,175 sq.ft. commercial retall center with ~~+aNers of
the fidlowing: ~
(a) SR~rinns 18 06.050.021.0211 - Minimum number of ~arlcina st~aces. ~I
18.06.050.022 Q~$,required;
18.06.050.022.0221 ~7,q spaces proposed and recammended by
18.06.050.023.0231 the CiYy Traffic and Transportation Manager) II
18.06.050.023.0233
18.06.050.023.0234
i ,~nd 18.44.066.050
(b) Sections 18.01.160 - Minimum structural setback.
1~.84.462.011 1 f t from Scenic Expressway~ requ(red,
and 18.84.062.013 15 to 20 feet from Santa Ana Canyon Road proposed for oucdoor
: eating area and trash endosure; and
20 feet from local streets required, 5 feet from Avenida Margarita
~ proposed for a transformer endosure)
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(c) Sertions 18.05.091.020 - Maximum n~~n r f;w211 sians.
~~ ~g,g,~,062.aqp (qn~ vaall sign per tenant permitted in the Scenic Corridor Zone
Overiay; th~~ wall signs proposed)
(d) Secitons 18.05.091 - Permitted~twe of sian.
and 18.84.OFZ2.640 (Roof signs n~t permitted; 1 roof sign proposed)
2. That waiver (a), minimum number of parking spaces, is heraby approved ore the basis that,
under the conditions imposed, said waiver will noY cause fewer off-street parking spaces to be provided
for such use than the number of such spaces necassary tc accommodate all ve~hicles attributable to such
use under the nom~al and reasonably foreseeable conditions of operation of such use; and that the
parking analysis submftted by the petitiuner indicates that the project sfte has adequate parking spaces
to accommodate the propased uses;
3. Tha4 the parking waNer, urxier the conditions imposed, wili noz increase the demand and
competition for parkin,o, spaces upon the public streets in the immediate viciniry of the proposed use; and
that no evidence of ~nadequate parking was observed during the parking survey;
4. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private propercy in the immediate vici~ity of the proposed
use (which property is not expressly provkled as parking for such use under an agreement in com~liance
with Section 18.06.010.020 of this Code); and that approval of the waNer will not cause encroachment of
parked vehides on adjacent private pfop~rties;
5. That the parking waiver, under ihe conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots prov(ded for such use;
6. That 4he parking waNer, under the corxJitions (mposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity af the proposed use
because the proposed proJect ~vill not change the existing traffic circulation nor access to ar from the
shopping center; and that no intemal traffic flow modff(catfons need be implemented as a result of the
proposed project;
7. That waNer (b), percaining to mfnimum structural setbaclc hom Santa Ana Canyon Road,
is hereby approved, in part, for the trash enclosure and for the patEo which is not to be Iocated further
than 10 feet from the buitding face,
g. 1'nat waiver (b), pertaining to minimum stn;ctural setback from Avenkia Margarita, is hereby
approved, in part, for •bRher the proposed transformer enciosure or for the proposed hardscape leading
to a proposed utility room; ,
9. That waNer (c), maximum number of wall slgns, is hereby approved;
. 10. That waiver (d), permitted rype af sign, is hereby denied on the basis that there are no
sneciai circumstances applicaMe to the property such as size shapg, topography, Iocatlon or surroundl~gs,
which do noi apply to other identically zoned properties 6n the viciniry; and that stt~ict application of the
Zoning Code does not deprive the properry of prNi~eges enjoyed by othe~ properties under ldeMical zoning
classfflcation in the vicinfty ~ecause th~ existing roof signs were granted for the two major tenants (Von's
Ma~icet and Thrffty Drug Store) when the center was originally con~tructed;
1t. That there are special circumstances applicaWe to the p~operty sur.h as size shape,
topography, location or suROUndings, which do not apply to othor identically zoned properties in the
vicinity;
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12. Ttiat ~trict ap~tcation of the Zoning Code deprhres ths property of p~ivileges enjoyed by
other properties under identical zoning class~ication in the vicinity;
13. That the proposed uses are properly ones for which a conditional use permft is authorized
by the Zoning Code:
14. That the proposed uses will not adversely affect the adJoining land uses and the growth
and development of the area in which it is proposed to tae located;
15. That the size and shape of the site for the proposed uses is adequate to allow the fufl
development of the proposed use in a manner not det~imental to the particular area nor to the peace,
health, safety, and gen~ral welfare;
16. That the traffic generated by the proposed uses will not impose an undue burden upon
ths strsets and highways clesigned and improved to carry the traffic 3n the area;
17. Tha4 the granting of the conditional use permit under the c~nditions imposed, will not be
detri;~nental to the peace, health, safety and general welfare of t~e citizens of the City of Anaheim; and
18. That no one indicated the'r presence at said public hea~inc~ in opposition; and that no
correspandence was received in opposition to the subjeci petition.
rAIJFORNIA ENVlRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commisslon has reviewed the proposal to parmit 5,209 square-foot for fast food restaurant use (3,850
square-foot for the subJect restaurant proposal ((ncludes an 800 square-foot outdoor seating area), 1,049
square-foot of lease space for a future enclos6d restaurant and 310 square-feet for an ATM service area)
and roof-mounted equipment Iocated wRh(n an existing 116,175 square-foot commercial retail center with
waiver of the minimum number of parking spaces minimum structural setback, maxlmum number of wall
signs and permftted type of sign on an irregularly-shaped parcel cansisting of approximately 10.63 acres
located at the southwest comer of Santa Ana Canyon Road and Imperial Highway, having aFproximate
fror~4ages of 698 feet on the south side of Santa Ana Canyon Road and 708 feet=on the west slde of
Imperial Highway and further described as 5550 East Santa Ana Canyon Road; and does hereby approve
the Negative Declaratiah upon finding that the declaration reflects the independent judgement of the lead
agency and that it has consklered the NegatNe Declaration together wfth any comments received during
the public review process arxl further finding on the basis of the inRiai study and a~y comments received
that there is no subsYantfal evidence that the project will have a slgn~f~ant effect on the environment.
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NOW, THEREFORE, BE !T RESOLVED that the Anaheim City Planning Commission does
hereby grarrt subject Petition for Conditior+al Use Permit, in part, upon tho fdlowing cond(tion ~ Worde ato
hereby found to be a necessary prarequisfte to the proposed use of the subJect property
~reserve the safery and general welfare of the Citizens of the City of Anaheim:
1. That withfn a,perlod of th6ry (30) days of the date af this resdution, the damaged freestanding
monumerit sign at the southeast comer of Santa Ana Canyon Road and Avenida Margarita shall be
removed or repaired.
2. That the grant(nQ of the parking waiver for both restaurants is coMing~nt upon operation of the uses
in conformance wfth the assumptfons relai(ng to the operation and ir~tensity af uses as contafned in .
the parking demand study that formed the basis for approval of said waiver. Exceeding, vidating,
intensifying or othervvise devkzting from any of said assumptions, as contained in the parking demand
study, shall be deemed a vidaYon of the expressed conditions Imposed upor. said waiver which shall
subject this condRional use perm(t to terminatlon or modffication pursuam to the provisions of
Sectlons 18A3.091 and 18.03.092 of the Anaheim Municipal Code.
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3. That a decorative trash receptade shall be located in the ou[door dining area. Said receptacle shall
noi display any advertising.
4. That the approved parking waNer includes future restaura~t use of the proposed one-thousand forty
nine (1,049) square foot "lease space" aiea.
5. That potted plants shall be provided, lrrigated and maintained along the north boundary of the
outdoor seating area. -
6. That vines shall be plaMed, frrigated and maintained adJacent to the three walls of the proposed trash
en~lasure. The vines shall be minimum one (1) gallon in size at the time of plari~g and shalt be
planted on maximum three (3) foot centers.
7. That the proposed signs shall rr~tch the signs shown an the approved exhibris, except that, (a) no
roof ~ign shall be permitted~ (b) a logo sign only shall be pormitted on the west elevatfon, and (c)
if awning signage is proposs~ on th3 east elevation, no o:her wall sign shall be permitted on the east :
elevation. That any advertising nther than those signs desc~ibed herein, shall be subject to the revfew
and approval of the Planning Commission as a'Reports and Fecommendations" ftem.
8. That the proposed outdoor tabtes and seating shall be a concrete mater{al as shown on the submitted
approved exhibits. Said tablos and seating shall be a ne~~tral cdor.
9. That the proposetl umbrellas for tha oiRdcwr seating area shall match or complement the cdor of
the build{ng exterior. That any signs or logos on the subJect umbrellas shall not be readable from
the adjacent rights-of-way.
10. That ff the proposed transformer adjacent to the west elev2Uon is approved, ft shall be I~c:ated as
close as possible Yo the building and heavily landscaped wfth vines nnd shrubs to m(nimizs visibility
of the transfomier and enclosure.
11. That an on-site trash 4ruck tum-around area shall be provided and malntained to the satisfaction of
thA Public Works Department, Streets and Sanication Division. Said tum-around area shall be
spec~ically shown on plans submitted for building permits.
12. That a plan sheet for soI(d waste storage and collection and a plan for recycling shail be submittod
to the Public Works Department, Streets and Sanitation Division for review and approval.
13. That the developer shali nbtain a ~ight-of-way construction permit from the Public Works Department
to reconstruct the s:~ewalk located between Santa Ana Canyon Road and the cJ~iveway into the
shopping cer~ter along ~venida Margarita and damaged by on-site trees. The sidewalk shall be
rbconstructod in coMormance with Engineering Standard Detail No. 110.
14. That the plans shall lse submitted to tF~e Zoning DNision show(ng compliance wfth the roof-mounted
equiRment screening requirarnents of Code Sectlon 18.84.062.032.
15. That no existing trees adjacent t4 the subject buliding shall be removed without prior apprr~val of the
Planning Commission as a' Reports and Recommendat(ons' item.
16. That subject properry sha~l be developed substantially in accordance wlth plans and specffications
submitted to the Ciry Oi Anaheim by the petitioner and which plans are on flle wfth the Planning
Department marked F~chibit Nos. 1, 2 and 3
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17. That prior to issuance ai a bulldfn~ permrt or within a per(cKf of one (1) year from the date of 4his
resolution, whichever occurs first, Condftion Nos. 11, 12 and 14, above-mentioned, shall be complied
wfth. Extensions for further time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
18. That prior to final building and zoning inspections, Condftion Nos. 3, 5, 6, 7, 8, 9, 10, 13 and 16,
abova-mentioned, shall be complied with.
19. That wfthin a psriod of th(rty (30) days frem the date of this resolution, Condition No. 1, above-
mentioned, shall be completed.
20. That approval uf this application constitutes approval of the proposed raquest only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approvaf does not include any action or finaings as to compiiance or approvai of the
request regarding any other ap~licable ordinance, regulstion or requirement.
BE IT FURTHER RESOLVED that the Anaheim Ciry Planning Commission dces hereby flr~
and determine that adoption of this Resolution is expressly predlcated upon appiicanYs compiiaizce with
each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof; '~e
declared invalfd or uneriforceable by the final Judgment of any court of competent jurisdictfon, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION v~as adopted at the Planning Commis^~fon meeting of
December 9, 1996• /~~ _ „ ~~
~r /~V ~
CHAIRMAN ANAHEIM CIjY PLANNING COMMISSION
ATTEST:
~U• ~
SECR~fARY, ANA IM CITY PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Marqarita Solo~io, Secretary of the Anahdim City Planning Commission, do hereby certify
that the foregoing resolution was passed and a.dopted at a meetfng of the Anaheim Ciry Planning
Commission held on December 9, 1~,'96 by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, FiENNINGER, MAYER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE -
IN WITNESS V1fHEREOF, I have hereunto set my hand this ~ day of ~~~~
1997. ~ . „
SECRETA~; ~AN~}iEIM CITY PLANNING COPVIMISSION
U
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