Resolution-PC 98-1RESOLUTIQN NO. PC98=i
A RESOLUTION OF THE ANAHEIM CITI' PLANNING COMMISSIQN
THAT PETITION FOR CONDITIONAL JSE PERMIT NO. 3983 BE GRANTED
WHERE4S, the Anaheim Ci:y Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property sifuated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 2, AS SHOWN ON LOT LINE ADJUSTMENT PLAT NO. 196,
RECORDED SEPTEMBER 22, 1989 AS INSTRUMENT NO. 89-509923 OF
OFFICiAL RECOF2DS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hoid a public hearing at the Civic Center
in the City of Anaheim on January 5, 1998 at 1:30 p.m., notice of said public hearing haviag been duly
given as reyuired by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidPnce for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection iherewith; and
WHEREAS, said Commission, after due inspection, investigation ar.d study made by
itself and in its behalf, and after due consideratiun af al{ evidence and reports offerad at said hearing,
does find and determine the folfowing facts:
1. That tne proposed use is properly one for which a conditional use permit is
authorized by Anahe~m Mu;~icipal Code 5ections 18.44.050.300 and 18.84.061 to expand an existing
drive-through restaurant by constructing a second story, 1,309 sq. ft., indoor children's playground for a
total of 3,724 sq. ft., with waiver of the following:
Seciions 18.06.050.022 - Minimum number of parkinq soaces.
18.06.050.G233 169 required; 104 proposed and recommended by the City
18.06.080 Traffic and Transportation Manager)
and 18.44.066.050
2. That the petitioner submitted a parking siudy, prepared by AAE Consultants and
approved by the .:. ~ Traffic and Transportation Manager, finding that this use will not adversely affect
the existing parkii,L ~~pply because a minimum of 104 spaces will provided;
3. That the waiver, 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 a!tributabla to such use under the normal and reasonably foreseeabie conditions of operation
of such use;
4. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in ihe immediate vicinity of the proposed use;
5. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immeaiate vicinity of the proposed
use (which property is not expressly provided as parking for such use unaer an agreement in compliance
with Section 18.06.010.020 of this Code);
6. That the waiver, under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or lots provided for sucl; use;
CR3148PL.DOC -1- PC98-1
7. That thP waiver, under the conditions imposed, will not impede vehicular ingress
io or egress from adjacent properties upon the pubiic streets in the immediate vicinity of the proposed
use;
8. That !he proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code;
9. That the proposed use will not adversely affect the adjoining land uses and the
growih and davelopment of the area in which it is proposed to be located;
10. 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 manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare;
11, That the traffic c~enera;ed by the proposed use wili not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area;
12. That the granting of the conditional use permit, under the conditions imposed, will
not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheirn;
and
13. 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 F,C'i' FINDING: That the Anaheim City
Pianning Commission has reviewed the proposal to expand an existing drive-through restaurant by
constructing a second story, 1,309 sq, ft., indoor children's playground for a total of 3,724 sq. ft., with
waiver with minimum number of parking spaces parcei Iocated at the northwest corner of Santa Ana
Canyon Road and Weir Canyon Road on a 2.33-acre having frontages of 325 feet on the north side of
Santa Ana Canyon Road and 163 feet on the vvest side of Weir Canyon Road, (8295 East Santa Ana
Canyon Road - 9urger King; and does hereby approve the Negative Declaration upon finding that the
deciaration reflects the independent judgement of the lead agency and that it has considered the
Negative Declaration together with any comments received during the pubiic review process and fu~ther
finding on the basis of the initial study and any comments received that there is no substantial eviderce
that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Pianning Commission
does hereby grant subject Petition for Conditional Use Permit, upon tiie foilowing conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject properiy in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That no signs, including window signs, shail be permitted on the new indoor children's
playground.
2. That no roof-mounted equipment shall be permitted unless specifically approved by conditional
use permit; and that any such equipment shall be fully screened from view from all pubiic streets
and adjacent properties in accordance with the Anaheim Municipal Code.
3. That a rninimum three (3) foot clearance shall be maintained around the sides and rear of the
existing pad-mounted transformer, and a minimum ten (10) foot clearance shail be maintained in
the front. Said clearances shall be maintained verlically with no construciion what-so-ever over
the transformer. This information shall be specified on plans submitted for building permits.
4. That the minimum setbacks from property lines to building walis with window or door openings
shall comply with the Uniform Building Code.
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5. That three (3) foot high Iuminous street address numbers shali be app:ied to the roof of the
building in a location not visible from ne2rby oublic rights-of-way or sunounding prope~iies.
6. That plans shall be submitted to the City Traffic and Transportation 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. The subject property
shall thereupon be deveioped and maintained in conformance with said plans. No compact
sized or "~verhanging" parking spaces shail be permiited.
7. That the drive-through lane shail be subject ;o the .aview and approval of the City Traffic and
Transportation Manager; and that plans submit!ed fo; building permits shall specify a minimum
sixteen {16) foot inner radius and a minimum twenty six (26) foot outer radius. The property
shali be developed and maintained in conformance with said plans.
8. That seating shall be limited to the seating shown on the exhibits approved herein. Said
information shall be speciflcally shown on plans submitted for building permits.
9. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 through 7; and as conditioned herein.
10. 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 {Vos. 2, 3, 4, 6, 7, 8 and 13, herein, shall be
complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
11. That prior to final building and zoning inspections, Condition Nos. 5, 9 and 14, herein, shall be
complied with.
12. 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 Cit/, 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.
13. That the owner of subject property shali submit a letter requesting termination of Variance No.
3109 (waiver of r;;inimum structural setback from a scenic highway to construct a shopping
center) to the Zoning Divisi~n.
14. That the area underneath the second fioor and between the posts shall be enclosed with a
building wall.
BE IT FURTHF_R RESOLVED that the Anaheim City Planning Commission does hereby
~nd and determine that adoption of this Resoluiion is expressly predicated upon applicanPs 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 Mal judgment of any court of competent jurisdiction, then
this Resolution, and any approvals herein contained, shall be deemed null ard void.
THE FOREGOING RESOLU i ION was adopted at the Pianning Commission meeiing of
January 5, 1998.
~ _.
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CHAIRMAN ANAHEIM CITY LANNING COMMISSION
ATTEST:
SECRE ARY, NAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Pianning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meetinfl of the Anaheim City planning
Commission held on January 5, 1998, by the following vote of the members thereof:
AYES: COPAMISSIONERS: 605TWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONEF2S: MAYER
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 1998.
~a,,Q~~' _ )
vuuud'
SECRETA , ANAHEIM CITY PLANNING COAAMISSION
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