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2003-202RESOLUTION NO. 2003R-202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2003-04742. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit a drive-through restaurant upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: The west 11 acres of the southwest quarter of Section 1, Township 4 South, Range 10 West, San Bernardino Base and meridian, in the Rancho San Juan Cajon de Santa Ana, in the City of Anaheim, County of Orange, State of California, as per map recorded in book 51 page 10 of Miscellaneous Maps, in the Office of the County Recorder of said County; and Except the southerly 200.00 feet of the westerly 200.00 feet thereof; and A portion of said land is shown on a map filed in book 136 page 38 of Parcel Maps, in the Office of the County Recorder of said County; 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, was unable to act upon said application due to a tie vote and the matter was therefore referred to the City Council for a public hearing and final determination; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such heating 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 consideration 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 the Anaheim Municipal Code. 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 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. 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. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That the variance, under the conditions imposed, if any, will 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; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate 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 Anaheim Municipal Code); and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 2003-04742 be, and the same is hereby, granted permitting a drive-through restaurant on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: 18.06.050.0233 and 18.44.066.050 Minimum number of parking spaces (826 required; 485 proposed and approved by the Traffic and Transportation Manager) - 2 - subject to the following conditions: 1. That as stipulated by the petitioner, the hours of operation shall be limited to 10 a.m. to 10 p.m., daily, for the indoor dining room and 10 a.m. to 1 a.m., daily, for the drive-through lane. 2. That the existing kiosk shall be removed from the subject property, as stipulated by the petitioner. Said information shall be specifically shown on plans submitted for building permits. 3. That any proposed roof-mounted equipment shall be subject to the screening requirements of Anaheim Municipal Code Section No. 18.44.030.120 pertaining to the CL Zone. Said information shall be specifically shown on the plans submitted for Zoning and Building Division approval. 4. That the proposal shall comply with signage requirements of the CL Zone unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 5. That a final landscape plan to screen the drive-through lane shall be submitted to the Zoning Division for review and approval. Said landscaping shall incorporate a landscape earthen berm and row of hedges along the entire length of the setback adjacent to State College Boulevard with the exception of ingress/egress areas. Any decision by the Zoning Division may be appealed to the Planning Commission as a Reports and Recommendations item. 6. That final elevation plans shall be submitted to the Zoning Division for review and approval. Any decision by the Zoning Division may be appealed to the Planning Commission as a Reports and Recommendations item. 7. That no alcoholic beverages shall be sold or consumed on the premises. 8. That no exterior vending machines shall be permitted. 9. That no video, electronic or other amusement devices or games shall be permitted on the premises. 10. That roof-mounted balloons or other inflated devices shall not be permitted. 11. That no window signage shall be permitted. 12. That there shall be no public telephones maintained on the property that are located outside of the building. 13. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of "graffiti" within twenty-four (24) hours from time of occurrence. 14. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. - 3 - 15. That the drive-through lane shall be reviewed and approved by the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 16. That the proposed pedestrian walkway through the drive-through area shall be removed and redesigned to the satisfaction of the City Traffic and Transportation Manager to eliminate the conflict points between vehicular and pedestrian traffic. Such information shall be specifically shown on plans submitted for building permits. 17. That the existing driveway adjacent to State College Boulevard shall be removed and replaced with standard curb, gutter, sidewalk and landscaping as indicated on Exhibit Nos. 1 and 2. Said information shall be specifically shown on plans submitted for building permits. 18. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 19. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 20. That an on-site trash truck tm-around area shall be provided per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said mm-around area shall be specifically shown on plans submitted for building permits. 21. That the property owner shall provide the City of Anaheim Electrical Engineering Division of the Public Utilities Department with a public utilities easement to be determined as electrical design is completed. 22. That any necessary relocation of existing electrical facilities or streetlights shall be at the expense of the developer. 23. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division 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 or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 24. 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. 25. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division for the parcel on which the restaurant would be located. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 26. That the property owner shall implement appropriate non-structural and structural Best Management Practices (BMPs) as specified in the Orange County Drainage Area Management Plan (DAMP) Appendix G. The selected BMPs shall be implemented and maintained to minimize the introduction of pollutants from entering the City of Anaheim stormwater drainage system. 27. That if required by the Urban Forestry Division of the Community Services Department, street trees shall be installed, by the property owner, within the public right-of-way adjacent to State College Boulevard. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division of the Community Services Department. 28. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 29. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 30. That the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division behind the street setback area in a manner fully screened from all public streets. Said information shall be specifically Shown on plans submitted for building permits. 31. That the parking lot serving the premises shall be maintained with lighting of sufficient power to illuminate and make easily discemable the appearance and conduct of all persons on or about the parking lot. Said lighting shall be decorative and shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate adjacent properties. A plan showing said lighting shall be submitted to the Community Services Division of the Police Department for review and approval. 32. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 33. That signage shall be limited to signs shown on approved exhibits. Any additional signage shall be subject to review and approval by the Zoning Division. Any decision by the Zoning Division may be appealed to the Planning Commission as a Reports and Recommendation item. 34. 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 through 14, and as conditioned herein. 35. 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, 3, 5, 6, 15, 16, 17, 18, 20, 21, 23, 24, 25, 26, 28, 29, 30, 31 and 32, above-mentioned, shall be complied with. 36. That prior to final building and zoning inspections, Condition Nos. 27 and 35, above-mentioned, shall be complied with. 37. That approval of this application constitutes approval of the proposed 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 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 o£this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such 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 4th day of November, 2003. OF THE MAYOR HEIM ATTEST: ~CITY CLET, K OF THE CITY OF ANAHEIM #51933 vl - CUP 2003-04742.wpd - 6 - 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. 2003-202 as introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 4th day of November, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Chavez, Tait, Hernandez NOES: MAYOR/COUNCIL MEMBERS: McCracken ABSENT: MAYOR/COUNCIL MEMBERS: None CGY CLERK~)F THE CITY OF ANAHEIM (SEAL)