Staff Report
200 S. Anaheim Blvd.
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Anaheim, CA 92805
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ITEM NO. 2
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING & BUILDING DEPARTMENT
DATE: JULY 31, 2023
SUBJECT: DEVELOPMENT APPLICATION NO. 2022-00005
LOCATION: 540 North Euclid Street.
APPLICANT/PROPERTY OWNER: The applicant is Marc Levun of IN-N-OUT
Burgers; and the property owner is PK II Anaheim Plaza LP.
REQUEST: The applicant requests approval of a conditional use permit to establish
a 3,879 square foot drive through restaurant for IN-N-OUT Burgers.
RECOMMENDATION: Staff recommends that the Planning Commission adopt the
attached resolution, determining that this request is categorically exempt under the
California Environmental Quality Act (CEQA) Section 15303 (Class 3, New
Construction or Conversion of Small Structures) and approving Development
Application No. 2022-00005.
BACKGROUND: The proposed drive-through restaurant would be located within
a 1.15-acre portion of a 24-acre parcel located in the Anaheim Plaza Shopping Center.
The project site is in the “C-G” General Commercial Zone and the Anaheim General
Plan designates the site for Regional Commercial land uses. The subject site is
surrounded by commercial and retail uses within the Anaheim Plaza Shopping Center
to the north, south and east; and commercial and office uses across Euclid Street to the
west.
Project Site
Development Application No. 2022-00005
July 31, 2023
Page 2 of 5
PROPOSAL: The applicant proposes to construct and operate a new 3,879 square foot restaurant,
a 698 square foot outdoor dining patio, drive-through lanes, and new landscaping. The proposed
drive through restaurant would be located at northeast corner of Anaheim Plaza Drive and North
Euclid Street on a portion of the Anaheim Plaza Shopping Center previously occupied by a Marie
Callender’s restaurant, which would be demolished. The drive through restaurant would be
accessed from the existing shopping center parking lot with driveway access off Anaheim Plaza
Drive from North Euclid Street. There would be a queuing lane along the north and west side of
the proposed restaurant building with capacity for queuing of 31 vehicles. A 16-foot landscape
setback would be provided along the Euclid Street frontage and would include hedge planting to
provide screening of vehicles from Euclid Street. In addition, various new landscaped planters
would be provided around the perimeter of the site and with the parking area.
Site Plan
Development Application No. 2022-00005
July 31, 2023
Page 3 of 5
Building Design: The restaurant building would have the standard IN-N-OUT contemporary
design with varied roof lines and articulation to break up the massing. The finishes would include
the following: clear anodized aluminum storefront and windows; “bone” color smooth stucco
finish; metal awnings; roof cornice treatment with accent LED lighting; and structural canopies
over the drive through pay and pick-up area, and over the outdoor dining area.
Building Elevations
Development Application No. 2022-00005
July 31, 2023
Page 4 of 5
FINDINGS AND ANALYSIS:
Conditional Use Permit: Before the Planning Commission may approve a conditional use permit,
it must make a finding of fact that the evidence presented shows that all of the following conditions
exist:
1) That the proposed use is properly one for which a conditional use permit is authorized by
this code;
2) That the proposed use will not adversely affect the adjoining land uses, or the growth and
development of the area in which it is proposed to be located;
3) That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular area
or health and safety;
4) That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
5) That the granting of the conditional use permit under the conditions imposed, if any, will
not be detrimental to the health and safety of the citizens of the City of Anaheim.
Proposed Use: The Zoning Code (“Code”) permits a drive through facility in the “C-G” Zone
subject to approval of a conditional use permit to ensure compatibility with the surrounding area
and uses. Through the conditional use permit process, conditions of approval may be imposed to
ensure that the subject use would operate in a manner that does not create nuisances, affect the
general health and welfare of the community, and not adversely affect surrounding properties.
Traffic/Circulation: The application was reviewed by the City’s Traffic Engineering Section. It
was determined that the proposed drive through restaurant use would not have a significant impact
on traffic, that there would be adequate on-site circulation, and that adequate queuing would be
provided for the drive through lane. In addition, fire truck and emergency service access were
deemed adequate by the Fire Department, and sanitation service was deemed adequate by the
Public Works Sanitation Division. Based on the above, the traffic generated by the proposed use
would not impose an undue burden on streets and highways in the area.
Parking: The shopping center contains a common parking lot with several parking areas shared
by its various retailers, as well as private drive-aisles to move vehicles within the shopping center
and onto the public right of way. The shopping center is designated as a Commercial Retail
Center-Large by the Code. The Code required parking for a Commercial Retail Center-Large is 4
spaces per 1,000 feet of gross floor area (GFA). Restaurant uses within retail centers with 40
percent or less of GFA devoted to restaurant uses have the same 4 space per 100 GFA parking
requirement. Restaurant uses, including the proposed restaurant, within the shopping center do not
exceed 40 percent of the overall GFA. The proposed project would reconfigure the existing parking
area where the Marie Callender’s building is located and provide 60 parking spaces, the same
number that would be removed as part of the demolition, resulting in no net loss of parking within
the shopping center. As such, the project would not have an impact on parking and would meet
the Code required parking.
Compatibility: The proposed drive through restaurant use would not adversely impact the existing
uses within the Anaheim Plaza Shopping Center and would be compatible and consistent with
other commercial and retail uses within the shopping center site. In addition, the proposed use
Development Application No. 2022-00005
July 31, 2023
Page 5 of 5
would not adversely affect the adjoining land uses or the growth and development of the area as it
would be consistent with the retail and office land use pattern in the vicinity and meets all Code
requirements. Further, the proposed size and shape of the subject site would allow for the full
development of the proposed use without conflict with existing uses; and the proposed use would
not be detrimental to the area or the general health and safety of the community.
Environmental Impact Analysis: Staff recommends that the Planning Commission find that the
effects of the proposed project are Categorically Exempt from the requirements to prepare
additional environmental documentation per CEQA Guidelines, Section 15303, Class 3 (New
Construction or Conversion of Small Structures). The Class 3 Exemption consists of construction
and location of limited numbers of new, small facilities or structures, including restaurants in
urbanized areas, applying to up to four buildings not exceeding 10,000 square feet, and at the time
of this determination would not cause a significant effect on the environment. Pursuant to Section
15300.2(c) and 15303 of Title 14 of the California Code of Regulations, there are no unusual
circumstances in respect to the Proposed Project that would cause a significant effect on the
environment and, therefore, the proposed project would be categorically exempt from the
provisions of CEQA.
CONCLUSION: The request to establish a drive through restaurant use at the Anaheim Plaza
Shopping Center would be compatible with the existing shopping center uses, as well as the
existing office, retail, and commercial use in the vicinity. Adequate parking and onsite circulation
would be provided. The building would be of quality design, and extensive landscaping would be
provided to complement the site. Based on the analysis included in this report and the findings
contained in the draft resolution, staff recommends that the Planning Commission approve the
project.
Prepared by, Submitted by,
Thomas Gorham Scott Koehm, AICP
Contract Planner Principal Planner
Attachments:
1. Draft Conditional Use Permit Resolution
2. Project Plans
3. Applicant Project Description Letter
4. Aerial and Vicinity Maps