Resolution-PC2025-009RESOLUTION NO. PC2025-009
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO
CONSTRUCT A NEW DRIVE -THROUGH RESTAURANT AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2024-00043)
(125 EAST BALL ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve a conditional use permit to construct a
new 1,266 square -foot drive -through restaurant (the "Proposed Project") on certain real property
located at 125 East Ball Road in the City of Anaheim, County of Orange, State of California, as
generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the
"Property"); and
WHEREAS, the Property is approximately 1.2 acres in area and is currently vacant.
The Property is designated for General Commercial land uses in the General Plan. The Property is
in the Industrial Zone and located in the South Anaheim Boulevard Corridor (SABC) Overlay
Zone, and is subject to the zoning and development standards contained in Chapter 18.10
(Industrial Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, drive -through restaurants require a conditional use permit subject to the
approval by the Planning Commission pursuant to Subsection 18.10 of Section 18.10.030 (Uses);
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 7, 2025, at 5:00 p.m., with notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures)
of the Code, to hear and consider evidence for and against the Proposed Project and to investigate
and make findings and recommendation in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental
documents for the Proposed Project; and
WHEREAS, the Planning Commission finds that the effects of the Proposed Project are
Categorically Exempt from the requirements to prepare additional environmental documentation
per CEQA Guidelines, Section 15303 — New Construction or Conversion of Small Structures
Categorical Exemption. The Proposed Project is a request to construct a new 1,266 square foot
drive -through restaurant. 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; and
WHEREAS, the Planning 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 with respect to the request for a conditional use permit, does find and determine the
following facts:
1. The Proposed Project is properly one for which a conditional use permit is
authorized as an allowable use within the Industrial Zone under subsection 18.10.030 (Uses) of
Chapter 18.10 Industrial Zones of the Code, subject to a conditional use permit for a drive -through
restaurant.
2. The Proposed Project, as conditioned herein, will not adversely affect the adjoining
land uses, or the growth and development of the area in which it is proposed to be located because
the proposed drive -through restaurant would not adversely impact the existing commercial and
industrial uses as the proposed use would be compatible and consistent with other commercial and
industrial uses within the surrounding area. In addition, the proposed use would not adversely
affect the adjoining land uses or the growth and development of the area as it would be consistent
with the commercial land use patterns in the vicinity and meets all Code requirements.
3. 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 because the Project is designed to accommodate the proposed use on -site without
creating conflicts with surrounding land uses. The proposed drive -through restaurant would not be
detrimental to the area or to the general health, safety, and welfare of the community. The site plan
provides adequate circulation, complies with all landscape and structural setback requirements,
and does not impact adjacent properties. Landscaping along Ball Road and Technology Circle is
included to screen vehicle headlights from westbound traffic on Ball Road. The site meets all
Code -required parking and circulation standards. The proposed Starbucks requires five parking
spaces, and 10 parking spaces are proposed, exceeding the minimum requirement.
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 because the City's
Traffic and Transportation Division has reviewed the queuing analysis for the proposed drive -
through restaurant and determined that it would not impose an undue burden on the surrounding
streets and highways. The existing roadway network is designed to accommodate the anticipated
traffic, and the Project includes adequate on -site circulation and queuing capacity for the proposed
use. Fire and emergency access has been reviewed and deemed adequate by the Fire and Rescue
Department, and sanitation services have been confirmed as adequate by the Public Works Streets
and Sanitation Division.
5. 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 because the
Project is designed to accommodate all operations and vehicle queuing on -site, avoiding impacts
to adjacent commercial and industrial uses. Conditions of approval have been included to ensure
- 2 - PC2025-009
that the drive -through restaurant is properly maintained and remains compatible with the
surrounding area and land uses; and
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report,
and all materials in the project files. There is no substantial evidence, nor are there other facts, that
negate the findings made in this Resolution. This Planning Commission expressly declares that it
considered all evidence presented and reached these findings after due consideration of all
evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this
Planning Commission does hereby approve the conditional use permit, contingent upon and
subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein
by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the
Property for which the conditional use permit is applicable in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete
conditions of approval may be granted in accordance with Section 18.60.170 (Extension of Time
to Comply With Conditions of Approval) of the Code. Timing for compliance with conditions of
approval may be amended by the Planning and Building Director upon a showing of good cause
provided (i) equivalent timing is established that satisfies the original intent and purpose of the
condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated
significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification, or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED, that the Planning Commission 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 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 approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED, that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 7, 2025. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
- 3 - PC2025-009
OF THE CITY OF AN
n
SEJCRET*RY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
G COMMISSION
- 4 - PC2025-009
EXHIBIT "A"
DEV NO.2024-00043
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Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT
(DEV2024-00043)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO GRADING PERMIT ISSUANCE
Prepare and submit a final grading plan showing building
Public Works
footprints, pad elevations, finished grades, drainage routes,
Department,
1
retaining walls, erosion control, slope easements and other
Development Services
pertinent information in accordance with Anaheim Municipal Code
and the California Building Code, latest edition.
Prepare and submit a final drainage study, including supporting
Public Works
hydraulic and hydrological data to the City of Anaheim for review
Department,
and approval. The study shall confirm or recommend changes to
Development Services
the City's adopted Master Drainage Plan by identifying off -site and
2
on -site storm water runoff impacts resulting from build -out of
permitted General Plan land uses. Additionally, the study shall
identify the project's contribution and shall provide locations and
sizes of catchments and system connection points and all
downstream drainage -mitigating measures including but not
limited to offsite storm drains and interim detention facilities.
The Developer/Owner shall execute a Save Harmless Agreement
Public Works
with the City of Anaheim for any proposed parkway drains or storm
Department,
3
drain connections to a City storm drain system. The agreement shall
Development Services
be recorded by the applicant on the property prior to the issuance
of any permits.
The Owner shall execute a Save Harmless Agreement and
Public Works
4
Covenant Not to Sue for accepting water from the adjacent
Department,
properties prior to issuance of the grading permit.
Development Services
All required plans and studies shall be prepared by a Registered
Public Works
5
Professional Engineer.
Department,
Development Services
The Owner shall obtain the required coverage under California's
Public Works
General Permit for Stormwater Discharges associated with
Department,
Construction Activity by providing a copy of the Notice of Intent
Development Services
6
(NOI) submitted to the State Water Resources Control Board and a
copy of the subsequent notification of the issuance of a Waste
Discharge Identification WDID number.
The owner shall prepare a Stormwater Pollution Prevention Plan
Public Works
(SWPPP). The SWPPP shall be kept at the project site and be
Department,
7
available for Public Works Development Services Division review
Development Services
upon request.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
Submit the Final Water Quality Management Plan (WQMP) to the
Public Works
City for review and approval. The WQMP shall be consistent with
Department,
the requirements of Section 7 and Exhibit 7.I1 of the Orange County
Development Services
Drainage Area Management Plan (DAMP) for New Development/
Significant Redevelopment projects. identify potential sources of
pollutants during the long-term on -going maintenance and use of
the proposed project that could affect the quality of the stormwater
runoff from the project site; define Source Control, Site Design,
and Treatment Control (if applicable) best management practices
8
(BMPs) to control or eliminate the discharge of pollutants into the
surface water runoff; and provide a monitoring program to address
the long-term implementation of and compliance with the defined
BMPs. The following conditions must be complied with in the
Final WQMP:
a) The driveway improvements and any other Right of Way
improvements need to be described, and appropriate BMP
strategies implemented per section 9 of the BMP Design
Guidelines.
Submit a Geotechnical Report to the Public Works Development
Public Works
9
Services Division for review and approval. The report shall address
Department,
any proposed infiltration features of the WQMP.
Development Services
The Owner/Developer shall submit a set of improvement plans for
Public Utilities
10
Public Utilities Water Engineering review and approval in
Water Engineering
determining the conditions necessary for providing water service to
the pEqjcct.
PRIOR TO BUILDING PERMIT ISSUANCE
11
Record the Final Map pursuant to the Subdivision Map Act and in
Public Works
accordance with City Code. Provide a duplicate photo Mylar of the
Department,
recorded map to the City Engineer's office.
Development Services
12
The legal property owner shall irrevocably offer to dedicate to the
Public Works
City of Anaheim for road, public utilities and other public purposes,
Department,
the right-of-way easements described below:
Development Services
a) 1-ft in width on Ball Road.
b) Corner cutback at the northwest corner of Ball Road and
Technology Circle intersection.
13
Provide a certificate from the project's Registered Civil Engineer,
Public Works
certifying that the building pad has been completed in accordance
Department,
with the City approved grading plan.
Develo ment Services
14
Submit an interim soils report indicating pad compaction and site
Public Works
stability prepared by the project's Geotechnical Engineer of Record.
Department,
The pad compaction report shall include a site plan showing the
Development Services
compaction testin locations.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
15
The Developer/Owner shall submit street improvement, landscape
Public Works
and irrigation plans to obtain a Right -of -Way Construction Permit
Department,
(RCP) for all work performed in the public right-of-way from the
Development Services
Public Works Department. The Developer/Owner shall submit a
cost estimate and post a security (Performance and Labor &
Material Bonds) in an amount approved by the City Engineer and
in a form approved by the City Attorney for the construction of all
required public improvements within the City street right of way.
The following improvements shall conform to the applicable City
Standards and as approved by the City Engineer:
a) On Ball Road, the developer shall construct all
improvements along the project's frontage including a 5'
sidewalk at the ultimate right-of-way and a 5' landscaped
public parkway and trees, curb adjacent, or as approved by
the City Engineer. The proposed irrigation line and meter
shall be connected to the private main.
b) On Technology Circle, the developer shall reconstruct the
sidewalk to City Standard 110-13 and reconstruct the
landscaped public parkway and trees per City requirements.
The irrigation line and meter shall be connected to the
private main.
16
All landscape plans shall comply with the City of Anaheim adopted
Public Works
Landscape Water Efficiency Guidelines. This ordinance is in
Department,
compliance with the State of California Model Water Efficient
Development Services
Landscape Ordinance AV 1881).
17
Prior to the issuance of the first building permit, the property
Public Works
Owner/Developer shall design and submit street improvement
Department,
plans to the City of Anaheim Public Works Department.
Traffic Engineering
Development Services Division for review and approval of the
improvements identified in the 125 East Ball Road Hotel Traffic
Impact Study dated December 14, 2022. These improvements shall
be included in the Right of Way Construction Permit (RCP) and
security bond that will be submitted for any other improvements
proposed in the public right-of-way. All improvements shall be
completed prior to the first final building and zoning inspection.
The improvements identified in the traffic study consist of the
following:
a) Restripe the SB approach on Technology Circle at Ball
Road to provide one southbound left turn lane and one
southbound right turn lane.
b) Add red curb to the west side of Technology Circle between
Ball Road and the first project driveway.
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
18
A private water system with separate water service for fire
Public Utilities
protection and domestic water shall be provided and shown on
Water Engineering
plans submitted to the Water Engineering Division of the Anaheim
Public Utilities Department.
19
All backflow equipment shall be located above ground outside of
Public Utilities
the street setback area in a manner fully screened from all public
Water Engineering
streets and alleys. Any backflow assemblies currently installed in a
vault will have to be brought up to current standards. Any other
large water system equipment shall be installed to the satisfaction
of the Water Engineering Division outside of the street setback area
in a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by
Water Ellgineeriag and Cross Connection Control Inspector.
20
All requests for new water services, backflow equipment, or fire
Public Utilities
lines, as well as any modifications, relocations, or abandonments
Water Engineering
of existing water services, backflow equipment, and fire lines, shall
be coordinated and permitted through the Water Engineering
Division of the Anaheim Public Utilities Department.
21
All existing water services and fire services shall conform to
Public Utilities
current Water Services Standards Specifications. Any water service
Water Engineering
and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or abandoned if the existing
service is no longer needed. The Owner/Developer shall be
responsible for the costs to upgrade or to abandon any water service
or fire line.
22
The Owner/Developer shall submit to the Public Utilities
Public Utilities
Department Water Engineering Division an estimate of the
Water Engineering
maximum fire flow rate and maximum day and peak hour water
demands for the project. This information will be used to determine
the adequacy of the existing water system to provide the estimated
water demands. Any off -site water system improvements required
to serve the project shall be done in accordance with Rule No.
15A.1 of the Water Utility Rates, Rules, and Re lations.
23 Individual water service and/or fire line connections will be Public Utilities
required for each parcel or residential, commercial, industrial unit Water Engineering
per Rule 18 of the City of Anaheim's Water Rates, Rules and
Regulations.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
All public improvements shall be constructed by the developer,
PubDepartment,1ic s
24
inspected and accepted by Construction Services.
Development Services
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
25
All remaining fees/deposits required by the Public Works
PubDepartment,lc W s
Department must be paid in full.
Development Services
Set all monuments in accordance with the final map and submit all
Public Works
centerline ties to Public Works Department. Any monuments
Department,
26
damaged as a result of construction shall be reset to the satisfaction
Development Services
of the City LEFLineer.
Record Drawings Plans and Final/As-Grading Geotechnical Report
Public Works
27
shall be submitted for review and approval to the Department of
Department,
Public Works.
Development Services
Owner/Developer shall install an approved backflow prevention
Public Utilities
assembly on the water service connection(s) serving the property,
Water Engineering
28
behind property line and building setback in accordance with
Public Utilities Department Water Engineering Division
requirements.
GENERAL
29
All CBC and CFC requirements shall be met for permit issuance.
Fire Department
Any fire permits, which include fire sprinklers, fire alarm, etc.,
Community Risk
shall be submitted directly to the Anaheim Fire and Rescue
Reduction Division
Department, Community Risk Reduction Division.
30
Fire flow requirements shall be determined upon the initial
Fire Department
building plan check submittal.
Community Risk
Reduction Division
31
Provide a Knox device for the proposed access gate.
Fire Department
Community Risk
Reduction Division
32
Ongoing during project operation, should the vehicle queue reach
Public Works
Technology Circle, staff members shall be positioned at the end of
Department,
the on -site queue near the entrances to direct traffic. This measure
Traffic Engineering
shall be implemented for a short timeframe, as needed, until the
queue dissipates.
33
That ongoing during project operations, deliveries including
Public Works
loading and unloading shall be performed on site. Deliveries shall
Department,
not take place on any part of the public right of way.
Traffic Engineering
34
Curbs adjacent to the drive aisles shall be painted red to prohibit
Public Works
parallel parking in the drive aisles. Red curb locations shall be
Department,
clearly labeled on building plans.
Traffic Engineering
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
35
Prior to the issuance of building permits the Owner/Developer
Public Utilities
shall irrevocably offer to dedicate to the City of Anaheim (i) an
Water Engineering
easement for all large domestic above -ground water meters and
fire hydrants, including a five (5)-foot wide easement around the
fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide
easement for all water service mains and service laterals all to the
satisfaction of the Water Engineering Division. The easements
shall be granted in the Water Engineering Division of the Public
Utilities Department's standard water easement deed. The
easement deeds shall include language that requires the Owner to
be responsible for restoring any special surface improvements,
other than asphalt paving, including but not limited to colored
concrete, bricks, pavers, stamped concrete, decorative hardscape,
walls, or landscaping that becomes damaged during any
excavation, repair or replacement of City owned water facilities.
Provisions for the repair, replacement, and maintenance of all
surface improvements other than asphalt paving shall be the
responsibility of the Owner and included and recorded in the
maintenance agreement for the project as requested by the Public
Works Development Services Department.
36
The Owner/Developer shall be responsible for restoring any
Public Utilities
special surface improvements, other than asphalt paving, within
Water Engineering
any right-of-way, public utility easement or City easement area
including but not limited to colored concrete, bricks, pavers,
stamped concrete, walls, decorative hardscape, or landscaping that
becomes damaged during any excavation, repair or replacement of
City owned water facilities. Provisions for maintenance of all said
special surface improvements shall be included in the recorded
Master CC&Rs for the project and the City easement deeds.
37
The following minimum horizontal clearances shall be maintained
Public Utilities
between the proposed water main and other facilities:
Water Engineering
• 10-feet minimum separation (outside wall -to -outside wall)
from sanitary sewer mains and laterals
• 5-feet minimum separation from all other utilities,
including storm drains, gas, and electric
• 6-feet minimum separation from curb face
• 10-feet minimum separation from structures, footings, and
trees.
The following minimum clearances shall be provided around all
new and existing public water facilities (e.g. water mains, fire
hydrants, service laterals, meters, meter boxes, backflow devices,
etc.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
• 10 feet from structures, footings, walls, stormwater BMPs,
power poles, streetlights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and all
other utilities (e.g. storm drain, gas, electric, etc.) or above ground
facilities.
38
No public water mains or laterals are allowed under parking stalls
Public Utilities
or parking lots.
Water Engineering
39
The business shall be operated in accordance with the Letter of
Planning and Building
Request and Justification submitted as part of this application.
Department,
Any changes to the business operation as described in these
Planning Services
documents shall be subject to review and approval by the Planning
Division
Director to determine substantial conformance with these
documents, to determine that adequate parking shall continue to
be provided for onsite uses, and to ensure compatibility with the
suffoundipA uses.
40
All new landscaping shall be installed by the owner/developer in
Planning and Building
conformance with Chapter 18.46 "Landscape and Screening" of
Department,
the Anaheim Municipal Code and shall be maintained in
Planning Services
perpetuity. Landscaping shall be replaced by the applicant in a
Division
timely manner if it is removed, damaged, diseased, and/or dead.
41
The Applicant/Owner shall defend, indemnify, and hold harmless
Planning and Building
the City and its officials, officers, employees and agents
Department,
(collectively referred to individually and collectively as
Planning Services
"Indemnitees") from any and all claims, actions or proceedings
Division
brought against Indemnitees to attack, review, set aside, void, or
annul the decision of the Indemnitees concerning this permit or
any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness,
legality or validity of any condition attached thereto. The
Applicant's indemnification is intended to include, but not be
limited to, damages, fees and/or costs awarded against or incurred
by Indemnitees and costs of suit, claim or litigation, including
without limitation attorneys' fees and other costs, liabilities and
expenses incurred by Indemnitees in connection with such
proceeding.
42
The premises shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department,
applicant, which plans are on file with the Planning Department,
Planning Services
and as conditioned herein.
I Division
NO. 1 CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
43 The Applicant/Owner is responsible for paying all charges related Planning and Building
to the processing of this discretionary case application within 30 Department,
days of the issuance of the final invoice or prior to the issuance of Planning Services
building permits for this project, whichever occurs first. Failure to Division
pay all charges shall result in delays in the issuance of required
permits or may result in the revocation of the approval of this
application.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Bridgette Bambrick, Secretary of the Planning Commission of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on April 7, 2025, by the following vote of the members
thereof:
AYES: Chairperson Walker, Commissioners Abdulrahman, Castro, Kelly, Lieberman, Perez,
and Tran-Martin.
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have r hand this 7th day of April 2025.
SECR19TAR,Y, YLYNNING COMMISSION
OF THE CIT ANAHEIM