Resolution-PC 97-177~ ~
RESOLUTION NO. PC97-177
A RESOLUTION OF THE ANAHEIM CITY PLANNING ~OMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3985 BE GRANTED, IN t='ART
WhEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain ~~al property situated in the City of Anaheim, County of Orange, State
of Califomia, described as:
PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 100, PAGES
17 AND 18 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECOPGER OF ORANGE COUNTY, CALIFORNIA
WHEREAS, the City Planning Commission did hold a public hearing at the Civic C~nter
in the City of Anaheim on November 24, 1E97 at 1:30 p.m., notice of said public hearing having ~een
duly given as required by law and in accordance with ihe provisions of the Anaheim Municipal C~de,
Chapter 18.03, to hear and consider evidence for and against said proQosed conditional use permit and
to investigate and make findings and recorrimendations in connection therewith; and that said public
hearing was con:inued to the December 22, ? 9~7 Planning Com~nission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itseif and in its behalf, and after due considerat~on of all evidence and reporls offered at said hearing,
does find and determine the following facts:
;. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.110.100.050.0531 and 18.84.062.032 to construct a 2,912 sq. ft.
drive-through fast food restaurant with outdoor seating and roof-mounted equipment, and with waiNers of
the following;
(a) Sections 18.05.091.010 - Permitted freestandinq s~.
1 R.05.091.011
18.05.091.014
and 18.110.100.120
(b) Sections 18.05.091.020 - Perniitted wall siqns.
one permittsd; three proposed)
and 18.110.100.120
(c) Sections 18.06.050.0233
103 - Minimum number of parkinq spaces.
(426 required; 355 proposed)
and 18.110.100.110.1
(d) Sections 18.06.070.020 - Minimum drive-throuqPi lane reauirements.
100 feet between ordering device and service window
and 18.110.100.110 required; 55 feet proposed)
(e) Sections 18.84.062.014 - Required improvement of setbacks.
(maximum 30 feet of automobile aarkina permitted in 50-foot
and 1_ 8.110•10~ front structural setback;
• maximum 25 feet ot drive-throuQh lane proposed)
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2. That waiver (a), pertaining to permitted freestanding signs, is hereby denied on the basis
that it was deleted foflowing public notification;
3. That there are sper,ial circumstance$ applicable to the property consisting of its location
and surroundings, which do not apply to other identically zoned properties in the vicinity;
4. That strict application of the Zoning Code deprives the propeny of privileges enjoyed by
other properties under identical zoning classiFicat~on in the vicinity;
5. That waiver (b), pe~taining to permitted wall signs, is hereby approved because there are
ot~er identicaily zoned properties ~n the vicinity with more than one wall sign; and that the size and
shape of the property, coupled with the location of the existing service stat~on building to the east, restrict
vis~.~,~~ity of the proposed structure;
6. 7hat the parking waiver (c) is hereby approved on the basis of the findings contained in
the parking study prepared for this proposai and approved by the City 7raffic and Transportation
Manager,
7. That the parking waiver (c), under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate
all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation
of such use;
8. That waiver (c), under ihe conditions imposed, wi~l not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use;
9. That waiver (c), ~nder the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which properiy is not expressly provided as parking for such use under an agreement in corripiiance
with Section 18.06.010.020 of this Gode);
10. That waiver (c), under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for such use;
11. That waiver (c), under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use;
12. That waiver (d), periaining to minimum drive-throuc~h larie requirements, is approved on
the basis that the intent of the Code will be satisfied because the distance between the ordering device
and the second service window (pick-up) complies with Code; and that the size and shape of the
property prevents strict a~plication of the Code as ~.;, :d to other identically zoned properties in the
vic?nity; ,
13. That wa~~er (el, periainin~~'to required,',impraver,ient of setbacks, is approved because
the depth of the property is constrained by the surroui.d.ing commercial center to the south and strict
compliance with the Code would prohibit a drive-through ~~staurant use on thi; :~,~e; and that the intent
of the Code will be achieved by the required landscape berming and proposed shriibs which will parlially
screen the drive-through iane; and ihat the s~bmitted plan~ indicate 5 to 20 feet of landscaping in
excess of Code requirements adjacent to La Pafma Avenue; and that special circumstances apply in
that Gode allow an automobile parking area in the front setback which is more intense (aestheticalty)
than the proposed drive-through lane which will be screened by IandscapinQ;
14. That the proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code;
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15. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to 6e iocated; and that the size of the building to be
demolished is larger than the proposed building;
16. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manne~ not detrimental to the particular area nor to the peace,
health, safety, and general welfare;
17. That the traffic generated by the proposed use wiil not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area;
18. That the granting of the conditionai use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general Nvelfare of the citizens of the City of Anaheim; and
19. That 4 people spoke at said public hearing in opposition; and that no corcespondence
was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a 2,912 sq. ft. drive-through fast food
restaurant with outdoor seating and roof-mounted equipment, and with waivers of permitted freestanding
signage, permitted wall signs, minimum number of parking spaces, minimum drive-through lane
requirements and required ir.iprovements of setbacks on a 0.55-acre parcel having a frontape of 112 feet
on the south side of La Palma Avenue, a maximum depth of 218 feet, and being located 257 feet west of
the cente~line of Imperial Highway (5646 East La Palma Avenu•~); and does hereby approve the
Negative Declaration upon finding that the declaration reflects the independent judgement of the lead
agency and that it has considered the N2gative 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 grant subject Petition for Conditional Use Permit, in part, upon the following conditions
which are hereby found to be a necessary prerequisite to the proposed use of the subject propeRy in
order to preserve the ssfety and general welfare of the Citizens of the City of Anaheim:
~, That a minimum two (2) foot wide landscape pianter shall be constructed and maintaineti
adjacent to the building where possible. Said informatio~ti shail be specifically shown on
landscape plans submitted for building permits.
2. That the proposed landscaped earthen berm in the twenty five (25) to forty (40) foot wide
landscaped setback adjacent to La Palma Avenue shall be measured from the ultimate right-of-
way along La Palma Avenue. Said intormalion shall be specifically shown on plans submitted
for building permits.
3. That a security guard shall be provided daily irom 8 p.m. to closing, if determined to be
necessary by the Anaheim Police Department, to d~scourage vandalism and/or loitering upon or
adjacent to the subject properly.
4. That lighting of signage for subject property shall be prohibited after hou~s of business operation
or between midnight and 6:30 a.m., whichever is leter as specified by Zoning Code Seclion
18.05.091.050.
5, That signage for subject facility shall be limited to that shown on the exhibits submitted by the
petitioner and approved by the Planning Commission. Any additional signage shatl be subject lo
approval by the Planning Commission as a"Reports and Recommendations" item.
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6. That trash storage areas shali 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 Department. Such informatian shall be specifically shown on the plans submitted
for building permits.
7. That a plan sheet for sofid waste storage and collection and a plan for recycling shall be
submitted to the Public Works Depa~lment, Streets and Sanitation Division, for review and
approval.
8. That an on-site trash truck turn-around area shall be provided in compliance with Engineering
Standard Detail No. 610 and shall be maintained to the satisfactian uf the Public Works
Department, Streets and Sanitation Division. Said tum-around area shall be specifically shown
on plans submitted for building permits.
9. That plans shall be submitted to th~ City Traffic and Transporiation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan
Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
10. That minimum sixteen (16) foot inner and twenty six (26) foot outer radii shall be provided for the
drive-through lane. Such information shall be specifically shown on plans submitted for building
permits.
11. That prior to comm°ncement of the business approved by this conditional use permit, a valid
business license shall be obtained from the Business License Division of the City Finance
Depariment.
12. That no freestanding sign(s) shall be permitted.
13. That any ro~f-mounted equipment shall be subject to Anaheim Municipal Code Section
18.84.062.032 pertaining to the "SC" Scenic Corridor Zone Overlay. Such information shall be
specifically shown on the plans submitted for building permits.
14. That a minimum of five (5) trees shall be plante~l in the landscaped setback adjacent to La
Palma Avenue and a minimum of three (3) trees shail be planted in the parking lot area in
compliance with Code requirements. All required trees shall be minimum fifteen (15) gallons in
size and shall be irrigated, maintained and replaced in the eve~t any tree dies or becomes
diseased. The required trees shall be specified on plans submitted for building permits.
15. That awnings sh~ll not be used ~tor advertising.
jg fih~t ~~~~p~rai ac,cess ~»d ~~Ykfng agreement, approved by the City Traffic and Transportation
M~t~~uger atid'tY~~ city A4tomey as ~o form and content, shall be maintained between this propeRy
aR~g~{ryo ~`dja~;;enc! commeFcial ~nter. A copy of that agreement shail be submitted to the Zoning
p~yisidfl_
~~, 7hat runaQ -end~ea~~ing pl~~~~ stian be submitted to the Zoning Division for review and approval.
~g i~~ ;~;b~~t ~q9~t~rty ~h~ll be developed substantially in accordance with ptans and
spa,~,,,,cation~s subrtiullea ~b the City of Anaheim by the petitioner and which plans are on file with
fj~e ~1'&M~~m~`-Pe~ttrrlent marked Revision No. 1 of Exhibit No. 1, Exhibit Nos. 2 through 7, and
'Exlhib~t R~aa. da, 8b, ~c and 8d, and as conditioned herein.
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~9. That prior to issuance of a building permit or within a period of two (2) years from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 6, 7, 8, 9, 10, 13, 14, 16 and 17,
above-mentioned, shall be complied with. Extensions for funher time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipsl
Code.
2p, That prior to final building and zoninc~ inspections, Condition Nos. 11 and 18, above-mentioned,
shall be complied with.
21. 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon appticant's compliance
with each and all of the conditions hereinabove set foAh. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the finai judgment of any court of competent jurisdiction, then
this Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOIPJG RESOLUTION was adopted at the Planning Commission meeting of
December 22, 1997. ~~ ~
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CHAIRMAN ANAHEIM CIT PLANNING COMMISSION
ATTEST: ~
SECRETARY, AHEIM CITY PLAPJNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby
cenify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on ~ecember 22, 1997, by the following vote oi the members thereoi:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERA7A
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER
IN WITNESS WHEREOF, I have hereu~nto set my hand this 0~.,,.~ day of
, 1998. ,
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SE RET Y, ANAHEIM CITY PLANNING COMMISSION
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