Resolution-PC 99-164RESOLUTION NO. PC99-164
A RESOLUTION OF THE ANAHEIM CfTY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. a147 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County af Orange, State
of California, described as:
THE SOUTH 2O0.00 FEET OF THE EF._T 192.00 FEET OF SECTION 34,
TOWNSHIP 3 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, PARTLY IN THE CITY OF FULLERTON AND
PARTLY !N THE CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN
BOOK 51, PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 13, 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 nf the Anaheim Municipal Code,
Chapter 18.03, to hear and consider evidence for and egainst said proposed conditional use permit and
to investigate and make findings and recommendations 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 hearing,
does find and determine the foilowing facts:
1. That the proposed use is properiy one for which a conditional use permit is authorized by
Anaheim Municipai Code Section 18.G9.050.390 to construct a fast food restaurant with a drive-through
lane with waivers of the following:
(a) Sections 18.06.050.023.0233 - Minimum number of parkinq spaces.
and 18.61.066.050 (35 required; 24 proposed and concurred with by the
City Traffic and Transportation Manager)
(b) Section 18.06.074.020 - Minimum drive-throuah lane reauirements.
160 feet long required; 150 feet proposed)
2. That the parking waiver (a), under the ~:onditions imposed, wiil 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.
3. That the parking waiver, under the conditions imposed, wili 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 irnmediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of the Zoning Code).
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.
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6. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the pubiic streets in the immediate vicinity of the proposed
use.
7. That the parking waiver is hereby approved on the basis of the analysis contained in the
approved parking study and as desc7bed in paragraph nos. (16) and (17) of the Staff Report to the
Planning Commissior dated September 13, 1999.
8. That waiver (b) pertaining to minimum drive through lane requirer~ients, is hereby
approved because there are special circumstances applicable to the property consisting of its location and
configuration because it is a corner lot; and that the waiver is a minor deviation (6%) f~om the Code
requirement reiative to the length of the drive through lane.
9. That the proposed fast food restaurant use will be developed in a manner which will not
adversely affect adjoining land uses and the growth and development of the area in which it is proposed
to be Iocated.
10. That the size and shape of the site for the proposed resiaurant use is adequate to allow
full development of the proposal in a manner not detrimental to the particular area nor to the peace,
health, safety and general weifare.
11. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways.
12. That one concerned person spoke at the public hearing; that three people spoke in favor
of the proposal; that na one indicated their presence in opposition; and that no correspondence was
received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a fast food restaurant with a drive-through
Iane with waivers of minimum number of parking spaces and minimum drive-through lane requirements
on a 0.51-acre rectangularly-shaped property located at the northwest corner of Orangethorpe Avenue
and Raymond Avenue, with frontages of 150 feet on the north side Orangethorpe Avenue and 150 feet on
the west side of Raymond Arenue (1155 East Orangethorpe Avenue); and does hereby approve the
Negative Declaration upon finding that the declaration reflects the independentjudgment of the lead
agency and that it has considered the Negative Declaration together with any comments received during
the pubiic review process and further finding on the basis of thp initial study and any cemments 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, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That any tree or other landscaping planted on-site shall be replaced in a timeiy manner in the
event that it is removed, damaged, diseased and/or dead.
2. That the specific location of the proposed freestanding monument sign adjacent to the intersection
shail be subject to the review and approval by the City Traffic and Transportation Manager for line-
of-sight consideratinns.
3. That no window signs shall be permitted at any time.
4. That three (3) foot high strset address numbers shall be displayed on the roof in a contrasting
color to the roof material. The numbers shall not be visible to any public street or adjacent
property.
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5. That roof-mounted ballonns or other inflatable devices shall not be permitted
6. That the required trees adjacent to the public rght~-of-w2y ~hall not be unnecessarily pruned so
as increase visibiliry of th~~; drive-through fast food restaurant.
7. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removai of trash or debris, and removal of graffiti within twenry
four (24) hours from time of occurrence.
8. That as stipulated by the petitioner, the hours of operation shall not exceed 6he following:
Sundays though Thursdays: 6 a.m. to 11 p.m. for the interior restaurant dining area,
Fridays and Saturdays: 6 a.m. to 1 a.m. for the interior restaurant dining area, and
Sundays through Saturdays: twenty four (24) hours a day for the drive-through lane.
9. l"hat the existing non-conforming freestanding pole sign adjacent to the intersection shall be
removed.
10. That the front landscaped setbacks adjacent to Orangethorpe Avenue and Raymond Avenue shall
be a minimum of ten (10) feet in depth. A landscaped berm and/or hedge shali be incorporatad
into the entire length of said landscaped setbacks to screen the parking lot from street view and
shall include minimum twenty four (24) inch box sized trees provided at a ratio of one (1) tree for
every twenty (20) feet of street frontage. The existing mature Jacarar,da trees in the planters
ac~jacent to the public rights-of-way shall be retained and may be counted in the tree count. Said
informatian shall be specifically shown on landscape plans submitted for building permits.
11. That the outdoor dining area shall be limited to three (3) tables as shown on Exhibit No. 1, and that
no more than ten (10) outdoor seats shall be provided. Said information shall be specifically
shown on plans submitted for building permits.
12. Thai the locations for future utility devices including, but net limited to, eiectrical tran~formers,
water backflow devices, gas, communications and cable devices, etc., shall be shown on plans
submitted for building permits. Such plans shall also identify the specific treatment of each device
(i.e., landscape screening, color of walis, materials, identifiers, access points, etc.) and shall be
subject to the review and approval by the appropriate City departments.
13. That any roof-mounted equipment shal~ be subject to the requirements of Anaheim Municipal Code
Section 18.61.030.100 pertaining to the ML (Limited Industrial) Zone. Said information shall be
specifically shown on the plans submitted for building permits.
14. That any public telephones proposed on-site shall be located inside the restaurant building; and
that there shall be no outdoor telephones.
15. That the owner of subject property shail submit a letter to the Zoning Division requesting
termination of Variance No. 2632 (for waivers of minimum distance between signs and maximum
number of freestanding signs to establish two freestanding signs), Variance No. 2559 (for waiver
of required front setback to construct a canopy at drive-up bank windoHS), and Variance No. 1823
(for waivers of maximum number of freestanding signs, maximum fre.estanding sign area,
minimum distance between freestanding signs, and freestanding sign location).
16. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the
City Engineer in conformance with Engineering Standard No. 137. Said information shall be
shown on plans submitted for building permits.
17. That the drive-through lane shall be reviewed and approved by the Cfty Traffic and Transportation
Manager.
CR3744PK.DOC -3- PC99-164
18. That the parking lot servin~ the premises shall be equipped with lighting of su~icient power to
iilumfnate and make easily discemible the appearance and conduct ~;f ail persons on or about the
parking lot. Said lighting information shall be specified on plans submitted for building permits and
shall be subject to review and approval by the Community Service Divi~ion of the Police
Department.
19. That the applicant shall be responsible for maintaining the premises free of iitter at all times.
20. 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 Pian Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
21. That ail trash generated by this restaurant shall be properly contained in trash bins contained
tvithin approved trash enclosures. The number of bins shall be adequate and the trash pick-up
shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse
from the property. The Code Enforcement Division of the Planning Department shail determine
the need for additional bins ar additional pick-ups. All costs for increasing the nurnber of bins
~nd/or frequency of pick-up shall be paid by the business owner.
22. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail ho. 610 and shall be maintained to the satisfaction of the Public Works
Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on
pians submitted for building permits.
23. That street lights shall be installed by the developer adjacent to Orangethorpe Avenue and
Raymond Avenue as required by th:: °lectrical Engineering Division of the Public Utilities
Department.
24. That the legal property owner : hall provide the City of Anaheim with a public utility eas~ment to be
determined as electrical design is completed. Said easement shall be submitted to the Electrical
Engineering Division ~f the City of Anaheim Public Utilities Department.
25. That any necessary relocation of existing power facilities or street lights shall be at the expense of
the developer.
26. That e~lan sheet f~r solid waste storage and collection and a plan for recyciing shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
27. That a trash storage area shall be provided and maintained in a location acceptable to the Streets
and Sanitation Division and in accordance with approved plans on file with the Public Works
Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage areas shall be protected
from graffiti opportunities by the use of plant materials such as clinging vines or tall shrubbery.
Said information shall be specifically shown on the pians submitted for Streets and Sanitation
Division approval.
28. That prior to commencing operation of this business, a valid business license shail be obtained
from the Business License Division of the City of Anaheim Finance Department.
29. That signage shall be ifrnited to the type and number of signs shown on Exhibit Nos. 6 through 15,
on file with the Planning Department.
30. That the developer sha11 pay the Sewer deficiency fee for the Remaining North Central Area.
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31. That ihe legal property owner shail submit an application for a Subdivision Map Act Certificate of
Compliance to the Pubic WorkS Department, Development Services Division. A Certificate of
Compliance or Conditionai Certificate of Compliance shall be approved by the City Engineer and
recorded in the Office of the Orange County Recorder prior to the issuance of a bu?Iding permik
32. That the fina~ monument sign plan shall be submitted to the Zoning Divisfon of the Planning
Department for review and approval by the Planning Commission as a"Reports and
Recommendations" itert~.
33. That a"right turn only" sign shall be posted on the driveway along Orangethorpe Avenue.
34. Th~k the subject property shall be developed substantiaily in accordance with plans and
specifications submitted to the Ciry of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit P~os. 9;hrough 15, and as conditioned herein.
35. That prior to the issuance of a building permit or within a period of one (1) year from the date of
this resclution, whichever occurs first, Condition Nos. 2, 9, 10, 11, 12, 13, 15, 16, 17, 18, 20, 22,
24, 26 and 27, above-mentioned, shall be compiied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.03.090 ot` the Anaheim Municipal
Code.
36. That prior to final building and zoning inspections, Condiiion Nos. 4, 23 and 30, above-mentioned,
shali be complied with.
37. That approval of this application constitutes approval of the pmposed 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
approvat of the request regarding any other applicable ordinance, regulation or requiremenG
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 compliance
with each and ali of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be deciared invalid or unenforceable by the final judgment of any court of competentjurisdiction, then this
Resolution, and ~ny approvals herein contained, shali be deemed nuli and void.
THE FOREGOING RESOUJTION was a~opted at the Pianning Commission meeting of
September 13, 1999.
-%1'i~~ (~l~ /~~ ~.?r{/~ c a~c,
CHi41RPERSON, ANAHEIM CI PLANNING CQMMISSION
ATTEST:
~G~A~%~~'~~ ~~//~~
SECRETARY, AHEIM CITY PLANNING COMMISSION
CR3744PKDOC -5- PC99-164
STATE OF CALIFOFtNIA )
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeGng of the Anaheim City Pianning
C~mmission held on September 13, 1999, by the foliowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSlONERS: NONE
AE3SENT: COMMISSIONERS: sRISTOL, ONE VACANT BEAT
1~ N WITNESS WHEREOF, i have hereunto set my hand this ~~ day of
c' ~, 1999.
/~G?~2~~.,~I~~.. SBto,~
SECRETARY NAHEIM CITY PLANNING CUMMISSION
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