99-168RESOLUTION N0. 99R-168
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT N0. 4119.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
upon certain real property located within the City of Anaheim,
County of Orange, State of California, legally described as:
PARCEL A-l:
PARCEL 5 OF PARCEL MAP NO. 870-446, AS SHOWN
ON A MAP FILED IN BOOK 253, PAGES 41, 42 AND
43 OF PARCEL MAPS. IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL B:
PARCEL 1 OF 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 COUNTY
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 N0. 87-446, AS SHOWN
ON A MAP FILED IN BOOK 253, PAGES 41, 42 AND
43 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA;
and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC99-103 approving
Conditional Use Permit No. 4119; and
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WHEREAS, thereafter, the Planning Commission, on its
own motion, requested review of its decision by the City Council;
and
WHEREAS, upon receipt of said request for review, the
City Council did fix the 27nd day of July, 1999, as the time, and
the City Council Chamber in the Civic Center as the place for a
public hearing on said Conditional Use Permit and did give notice
thereof in the manner and as provided by law; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. 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.l(b) of the PacifiCenter Specific Plan No.
88-3, as amended, to permit a drive-through fast food
restaurant.
2. The proposed use will not adversely affect the
adjoining land uses and the growth and development of
the area in which it is proposed to be located.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed
use, as conditioned herein and integrated into the
final site plan, in a manner not detrimental to the
particular area nor to the peace, health, safety and
general welfare.
4. 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,
based upon the traffic study submitted by the
petitioner which reviewed and approved by the City
Traffic Engineer.
5. 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 Anaheim.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 4119 be, and the same is hereby,
granted permitting a drive-through fast food restaurant on the
hereinabove described real property, subject to the following
conditions:
1. That an automatic fire sprinkler system shall 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 requirements. The
turn-around shall be shown on the project site plan
which is submitted to the Building Division for
building permits. The turn-around shall be permanently
marked and maintained to the satisfaction of the Fire
Department.
3. That a fire alarm system shall be designed, installed
and maintained as required by the Fire Department.
4. That the owner of subject property shall be responsible
for the removal of any on-site graffiti within twenty
four (24) hours of its application.
5. That a plan showing the specific configuration of the
drive-through lane shall be submitted to the City
Traffic and Transportation Manager for review and
approval.
6. That a plan sheet for solid waste storage and
collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation
Division, for review and approval.
7. That an on-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
Department, Streets and Sanitation Division, trash
storage area(s) for exclusive use by the food service
uses shall be provided and maintained in location(s)
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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 be readily identifiable from adjacent
streets and arterial highways. The walls of the
storage areas shall be protected from graffiti
opportunities by the use of plant materials such as
minimum one (1) gallon sized clinging vines planted on
maximum three (3) foot centers, or tall shrubbery.
Said information shall be specifically shown on the
plans submitted for building permits.
9. That if outdoor seating and/or a dining area is
proposed for this drive-through restaurant, plans
specifying location, seating capacity and such other
information 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 which is shown in an approved Sign
Program for the PacifiCenter Specific Plan or as
otherwise approved by the Planning Commission and/or
the City Council. No flags, banners, window signs or
any other temporary advertising devices shall be
permitted except 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) shall be screened 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 masonry wall shall be protected from graffiti
opportunities by the use of plant materials such as
minimum one (1) gallon sized clinging 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.
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12. That roof-mounted equipment shall be 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 direct
costs associated with the approved Mitigation
Monitoring Program No. 29 as established by the City of
Anaheim and as required by Section 21081.6 of the
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 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, 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
resolution, 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 regarding any other applicable ordinance,
regulation or requirement.
BE IT FURTHER RESOLVED that the City Council does
hereby find and determine that adoption of this Resolution is
expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such
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conditions, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 27th day of July, 1999.
YOR OF TH CITY OF ANAHEIM
~'o TEI~
ATTEST:
CITY CL RK OF THE CITY OF ANAHEIM
31849.1\smann
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-168 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 27th day of July 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS
NOES: MAYOR/COUNCIL MEMBERS
ABSENT: MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
None
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R-
168 on the 27th day ofJuly, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 27th day ofJuly, 1999.
///-
~'!' CITY CLERK OF THE ITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 99R-168 was duly passed and adopted by the City Council of the
City of Anaheim on July 27th, 1999.
CITY CLERK OF TH CITY OF ANAHEIM