Resolution-PC 99-103RESOLUTION NO. PC99-103
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4119 BE GRANTED
WHEREAS, the Anaheim City Planning Commission ~id receive a verified Petition for
Conditional ~'se Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL A-t:
PARCEL S OF PARCEL MAP NO. 870-446, AS SNOWN ON A MAP FILED IN
BOOK 253, PAGES 41, 42 AND 43 OF PARC~L MAPS. IPJ THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL B:
PARCEL 1 01= PARCEL MAP NO. 90-387, AS SHOWN ON A MAP IN BOOK
263, PAGES 26, 27 AND 28 OF PARCEL MAPS, IN THE OFFICE OF THE
COUI~TY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL C:
PARCEL 2 OF PARCEL MAP NO. 90-387, AS SHOWN ON A MAP FILED IN
BOOK 263, PAGES 26, 27 AND 28 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL D:
PARCEL 6 OF PARCEL MAP NO. 87-446, AS SHOWN ON A MAP FILED IN
BOOK 253, PAGES 41, 42 AND 43 OF PARGEL MAPS, !N THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Gity Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 7, 1999 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 said proposed conditional usP permit and to investigate and
make findings and recommendations in connection therewith; and that fne hearing was continued from
May 24, 1999; and
WHERFAS, 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:
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Sections 18.73.020-18.73.100 of the Anaheim Municipal Code and Section VI.C.1(b)(6) of the Pacificenter
Specific Plan No. 88-3, as amended, to permit a drive-through fast food restaurant.
2. That the proposed drive-through fast food restaurant is located adjacent to Tustin Avenue
in the Pacificenter Specific Plan, as amended.
3. That the proposed use, as conditioned herain and shown on the approved final site plan
for the Pacificenter Specific Plan, will not adversely affect the adjoining land uses and the growth and
development of the area in which it is p~oposed to be located.
4. That the size and shape of the site for the proposed use is adequate to 211ow full
development of the proposal, as conditioned herein and as integrated into the final site plan, in a manner
not detrimental to the particular area nor to the peace, nealth, sa~ety and general welfare.
CR3654PK.DOC -1- PC99-103
5. That the traffic generated by the proposed use at its location on Tustin Avenue will not
impose an undue burden upon the streets and highways designed and improved to carry the traffic in the
area based on the traf~ic study submitted by the petitioner vihich was determined to be acceptable by the
City Traffic Enpineer.
6. That granting of this 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 Anaheim.
7. That no one indicated their presence at the public hearing in oppusition to the proposal,
and no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALI7Y ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a drive-through fast food restaurant on an
irregularly-shaped 25.7-acre property located at the southwest corner of La Palma Avenue and Tustin
Avenue, ha~~ing frontages of 745 feet on the south side of La Palma Avenue and 1,240 feet on the west
side of Tustin Avenue (3610 - 3720 East La Palma Avenue and 1001 - 1091 North Tustin Avenue); and
does hereby determine that the previously-certified Environmental lmpact Report No. 280 is adequate to
serve as the required environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upor, the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the sub'••:t property in order to
preserde the safety and general welfare of the Citizens oi the Ciry of Anaheii.r
1. That an automatic fire sprinkler system shali be designed, installed and maintained as required by
the Fire Department.
2. That a fire truck turn-around shall be provided as required by the Fire Department in conformance
with Fire Department specifications and requiraments. The turn-around shali be shown on the
project site plan which is submitted to the Building Division for building permits. The turn-around
shail be permanently marked and maintained to the satisfaction of the Fire Depa ;rr~ent.
3. That a fire alarm system shall be designed, installed and maintained as required by the Fire
DepartmenL
4. That the owncr of subject property shall be responsible for the removal of any on-sile graffiti within
twenty four (24j huurs of its appiication.
5. That a plan showing the specific configuration of the drive-through lane shall ~e submitted to the
City Traffic and Transportation Manager for review and approval.
6. That a plan sheet for salid waste storage and collection and a plan for rPcycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
7. That an cm-site trash truck turn-around area shall be provided in compliance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifically shown on plans submitted for building permits.
8. That unless determined unnecessary by the Public Works Departmen;, Streets and Sanitation
Division, trash storage area(s j for exclusive use by the food service uses shall be provided and
maintained in location(s) acceptable to said department, and in accordance with approved plans on
file with said department. Said storage areas shall be designed, located and screened so as not to
CR3654PK.DOC -2- PC99-103
be readily identifiabte from adjacent streets and arterial highways. The walls of ±he storage areas
shall be protected from graffiti opportunities by the use of plant materials such as rriinimum one (1)
gallon sized clinging vines planted on maximum three (3) fr~ot centers, or tall shrubbery. Said
information shall be specifically shovm on the plans submitted for building permits.
That if outdoor seating and/or a dining area is proposed for this drive-through restaurant, plans
specifying location, seating capacity and such other info~rnation as may be required by the Planning
Department to adequately describe the proposal shall be submitted to the Planning Commission for
review and approval as a"Reports and Recommendations" item.
10. That signage for the drive-through restaurant shall be limited to that K~hich is shown in the approved
Sign Program for the Pacificenter Specific Plan. No 11ags, banners, window signs or any other
temporary advertising devices shall be permitted er.cept for special event permits issued for "grand
opening" types of events (maximum thirty six (36) days annually). All permanent signs shall be
shown on plans submitted for building permits.
11. That activities associated with the drive-through lane, including vehicles waiting in the drive-through
lane and the service window(s) ^,hail be screenad from Tustin Avenue and La Palma Avenue with a
minimum three (3) foot high masonry wall located on top of a minimum three {3) foot high
landscaped earthen berm. The screening ma.^,onry wall shall be protected from graffiti opportunities
by the use of plant materials such as minimum one (1) galion sized ciinging vines planted on
maximum three (3) foot centers, or tall shrubbery. Said screening shall be shown on plans
submitted for building permits. Prior to any occupancy of the drive-through restaurant, Zoning
Division staff shall inspect the landscaped screening masonry wall and earthen berm to verify that
vehicles and the service window are adequately screened from Tustin Avenue and La Palma
Avenue.
12. That roof-mounted equipment shall ee screened from the public's view. Such screening shall be
shown on plans submitted for building permits.
13. That the property owner/developer shall be responsible for compliance with all appropriate
mitigation measures within the assigned time frames and for any direcl costs associated with the
approved Mitigation Monitoring F'rogram No. 29 as established by the City of Anaheim and as
required by Section 21081.6 of thr~ Public Resources Code to ensure implementation of those
identified mitigation measures.
14. That this conditional use permit is granted subject to adoption of an ordinance in connection with
Amendment No. 3 of the Pacificenter Specific Plan, now pending.
15. That subject property shall be devetoped 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, 2 and 3, and as conditioned herein.
16. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resotution, whichever occurs first, Condition Nos. 2, 5, 6, 7, 8, 10, 11, 12 and 14, above- mentioned,
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.
15. That prior to final building and zoning inspections, Condition Nos. 1, 3, 11 and 15, above-
mentioned, shall be complied with.
18. That approval of this application constitutes approval of the proposed drive-through restaurant 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 regardin~ any other applicable ordinance, regulation or
requirement.
CR3654PK.DOC -3- PC99-103
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compiiance
with each and all of the conditions hereinabove set forlh. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvais herein contained, shall be deemed nuli and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 7, 1999.
*~ ~ G~:d~C.C~.n.J
CHAIR ERSON PRO-TEMPO E
ANAHEIM CIN PLANNING COMMISSION
ATTEST:
~~a~~leL~ bY1L0/~CJ"
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFOP.NIA }
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Pianning Commission, do hereby certify
that the foregoing re~olution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on June 7, 1999, by the following vote of thQ members thereof:
AYES: COMMISSIONERS: BOS1lNICK, BOYDSTUN, KOOS, NAPOLcS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMIvIISSIONERS: BRISTOL, ESPING
IN WITNESS WHEREOF, I have hereunto set my hand this a~~ day of
~. 1999.
~'Q/~.~ ~
SECRETARY, NAHEIM CITY PLANNING COMMISSION
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