Resolution-PC 98-204RESOLUTION NO. PC98-204
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. 97R-21, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3902
WHEREAS, on February 25, 1997, Resolulion No. 97R-21 was adopted by Fhe Anaheim
City Council to approve Conditional Use Permit No. 3902 and permit a service station and accessory
convenience market with the sale of beer and wine for off-premises consumption, and a 2,100 sq.ft. drive-
through fast food restaurant at 520 West Ball Road with waivers of maximum wall height and minimum
structural and landscaped setback adjacent to a local street and required site screening; and
WHEREAS, this property is partially developed with a service station and accessory
convenience market in the CL (Commercial, Limited) zone; and that the south portion of the property is
vacant; and
WHEREAS, the petitioner requests approval of revised plans to construct the drive-through
fast food restaurant previously approved in conjunction with the service station and accessory _
convenience market, and approval of lhe following waivers:
(a) Sections 18.05.093.010
and 18.44.067
(b) Sections 18.05.093.040
and 18.44.067
(c) Sections 18.05.093
and 18.44.067
(d) Sections 18.06.050.022
18.06.050.0225
18.06.050.0233
and 18.44.066 050
(e) Sections 18.06.070.020
and 18.44.066
- Maximum number of freestandina siqns.
- Minimum distance between freestanding siQns.
- Permitted tvoes af sians.
- Minimum number of oarking snaces.
47 required; 44 proposed and concurred with by the
City Tra~c and Transportation Manager)
- Minimum drive-throuoli lane reauir~ments.
(160 feet total required length between start of lane and
service window; 13 fee pr~posed)
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 21, 1998, 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, to hear and consider evidence for and against sa(d proposed amendment and to investigate and
make findings and recommend2tions 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 hearinc~, does find
and determine the following facts:
1. That the requested waivers (a) maximum number of freestanding signs, (b) minimum
distance between freestanding signs and (c) permitted types of signs, are denied because they were
deleted subsequent to the pubiic notice when the petitioner withdrew the request for a second monument
sign thereby eiiminating the need for the wafvers.
cr3509PK.DOC -1- PC98-204
2. That waiver (d), minimum number of parking spaces, 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; and that the petitioner submitted a parking letter
addressing the shortage of three required parking spaces and the City Traffic and Transportation Manager
has determined thai there is sufficient parking available on-site because the deviation is Iess than 10%
from Code requirements.
3. That the parking waiver, under the conditions imposed, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
4. That the parking waiver, under 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 property is not expressly provided as parking for such use under an agreement in
compliance with Seci~un 18.06.010.020 of this Code) because there is no public street parking at or near
the intersection of Harbor Boulevard and Ball Road where the subject property is located.
5. That the parking waiver, under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or lots provided for such use. _
6. That the parking waiver, 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 because the 1-5/Santa Ana Freeway borders subject property to the south and there are no
adjacent properties that wili have their ingress or egress impeded as a result of fhis waiver.
7. That waiver (e), minimum drive-through lane requirements, is approved on the basis
that there are special circumstances applicable to the property such as size, shape, topography, location
or surroundings, which do not a~;ply to other identically zoned properties in the vicinity.
8. That strict appiication of the Zoning Code deprives the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity.
9. That no one indicated their presence at the public hearing in opposition to the
proposal; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the reyuest for approval of revised plans for a previously-approved
drive-through fast food restaurant (in conjunction with a service station and convenience market with off-
sale beer and wine) and proposed waivers ~f maximum number of freestanding signs, minimum distance
between signs, permitted types of signs, minimum number of parking spaces and minimum drive-through
lane req~irements on an irregularly-shaped 0.98-acre parcel iocated at the southeast corner of Ball Road
and Harbor Boulevard at 520 West Ball R~ad (Chevron Service Station); and does hereby find that the
Negative Declaration previously approved in connection with Conditional Use Permit No. 3902 is
adequate to serve as the required environmental documentation in connection with this request upon
finding that the dec(aration 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 RESOLVEQ that the Anaheim City Planning Commission does
hereby deny the reyuested waivers (a) maximum number of freestanding signs, (b) minimum distance
between freestanding signs and (c) permitted types of signs for construction of a second freestanding sign
on the basis of the foregoing findings; and
-2- PC98-204
-~ _,,
BE IT FURTHER RESOLVED that the Anaheim City P!anning Commission does hereby
approve the revised plans for the drive-through fast feod restaurant; and -
BE IT FURTHER RESOLVED that the Anaheim City Pianning Commission does hereby
amend Resolution No. PC97-21, adopted in connecfion with Conditionai Use Permit No. 3902, as follows:
(A) That the following new waivers are approved:
(d) Sections 18.06.050.022 - Minimum number of ~arkina soaces.
18.06.050.0225 (47 required; 44 proposed and concurred with by the
18.06.050.0233 City Traffic and Transportation Manager)
and 18.44.066.050
(e) Sections 18.06.070.020 - Minimum drive-throucth lane reauirements. .
and 18.44.066 160 feet total required length between start of lane and
service window; 130 feet proposed)
(B) That Condition Nos. 37, 42, 43 and 44 are amended to read:
37. That prior to issuance of building permits for the drive-through restaurant, revised
landscaping and irrigation plans for the subject property shall be submitted to the Zoning
Division for refurbishment of the on-site landscaping. Said landscaping and irrigation
improvemenfs shall be completed prior to any occupancy permits granted for the drive-
through restaurant.
42. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the ~ity of Anaheim by the petitioner and which plans are on
file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1, 3 and 4, and
Exhibit Nos. 2, 5, 6, 7, 8, 9 and 10, and as conditioned herein; pravided, however, that a
second monument sign shall not be pe~mitted on the property.
43. That the final floor and parking lot plans for the drive-through restaurant shall be subject
to review and approval by the Police Department for safety and security considerations.
44. That no on-street parking shall be permitted on the west side of Palm Street for a
distance of three hundred (300) feet south from Ball Road; and that the prepe~ty
owneddeveloper shall reimburse the City of Anaheim for the cost of painting the curb
(approximately two hundred fifty dolla~~s ($250.00)).
BE IT FURTHER RESOLVED that unless conditions to the contrary are expressly imposed
upon the granting of the parking waiver by the Commission, the granting of that waiver shall be deemed
contingent upon operation of the underlying us~s in conformance with the assumptions relatiny to the
operation and inte~sity of the use as contained in the parking demand study that formed the basis for
approval of the waiver; and that exceeding, violating, intensifying or othenvise deviating from any of said
assumptions as contained in the parking demand study shall be deemed a violation of lhe express
conditions imposed upon said waiver which shall subject said waiver to termination or mcdification
pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Zoning Code.
-3- PC98-204
.._,
THE FOREGOING
December2l, 1998.
ATfEST:
~ S~. ~-•-
SECFcETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUN'fY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, Secretary of the Anaheim Gity Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on December 21, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, WILLIAMS
NOES: COb1MISS10NERS: NONE
ABSENT: COMMISSIONERS: ESPING, WILLIAMS
IN WITNESS WHEREOF, i have hereunto set my hand this ~.1 day of
~, 1999.
~ Sba.~.tio..~ C.~v~-•-~lf....-¢N_.+c9-.r./
SECRETARY, ADIAHEIM CITY PLANNING COfv1MISSION
-4- PC98-204