Resolution-PC 2000-37~
RESOLUTION NO. PC2000-37
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A RESOLUTION OF THE ANAHEIM CIN PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 4180 BE GRANTED, IN PART
WHEREAS, the Anaheim ~ity Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THOSE PORTIONS OF LOTS 3, 4 AND 9, TOWNSEND'S SUBDIVISION,
PARTLY IN THE CITY OF ANAHEIM AND PARTLY IN THE CITY OF GARDEN
GROVE, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 5, PAGES
40, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE
ALONG THE SOUTHERLY LINE OF SAID LOT, NORTH 89° 12' 54" EAST
901.34 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0° 47'
06" WEST 210 FEET; THENCE NORTH 89° 12' 54" EAST 27.44 FEET;
THENCE NORTH 0° 47' 06" WEST 207.85 FEET; THENCE NORTH 89° 12' 54"
EAST 125 FEET; THENCE NORTH 0° 47' 06" WEST 242 FEET TO THE
NORTHERLY LINE OF SAID L~OTS 4 AND 9; THENCE NORTH 89° 13' 30"
EAST 267.56 FEET TO THE NORTHEAST CORNER OF SAID LOT 9; THENCE
SOUTH 0° 55' 30" EAST ALONG THE EASTERLY LINE OF SAID LOTS 9 AND
4, 659.81 FEET TO THE SOUTHERLY LIEN OF LOT 4; THENCE SOUTH 89°
12' 54" WEST ALONG THE SOUTHERLY LINE OF SAID LOTS 4 AND 3,
421.61 FEET TO THE TRUE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 27, 2000 af 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against 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 following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.300 to construct a fast food drive-through restaurant within
an existing commercial retail center with waivers of the following:
(a) Sections 18.05.093.010.0101 - Minimum distance between freestandinq siqns.
and 18.44.067 (300 feet required; 67 feet proposed)
(b) Sections 18.06.050 - Minimum number of parkin4 spaces.
18.06.050.0233 (1,154 sqaces required; 1.131 spaces proposed and
and 18.44.066.050 concurred with by the City Traffic Engineer)
2. That waiver (a), minimum distance between freestanding signs, is hereby denied on the
basis that the proposed restaurant will be highly visible from Katella Avenue and that a hardship could not
be identified for the requested waiver; that there are no special circumstances applicable to this property
such as size, shape, topography, location or surroundings, which do not apply to other identically zoned
properties in the vicinity; and that strict application of the Zoning Code does not deprive the property of
privileges enjoyed by other properties under identical zoning classification in the vicinity.
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3. That approval of the sign waiver to permit another freestanding sign in the shopping
center would contribute to the proliferation of signs in this immediate area.
4. That waiver (b), minimum number of parking spaces, is hereby approved on basis that
the parking letter submitted by K.K. Chang regarding the proposed parking (and concurred with by the
Traffic and Transportation Manager) determined that a 2 percent deficiency in parking will not significantly
or adversely affect parking conditions in this shopping center.
5. That the parking waiver, under the conditions imposed, 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.
6. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
7. That the parking waiver, under the conditions imposed, 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 Zoning Code).
8. That the parking waiver, urider the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use.
9. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon ~he public streets in the immediate vicinity of the proposed
use.
10. That 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.
11. That the size and shape of the site for the proposed 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 welfare.
12. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry tra~c in the area.
13. That granting of this 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.
14. That no one indicated their presence at the public hearing in opposition to the proposal;
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 drive-through restaurant with
waiver of minimum distance between freestanding signs and minimum number of parking spaces on a
rectangularly-shaped 18.6-acre property located at the southeast corner of Katella Avenue and Euclid
Street, having frontages of 1,350 feet on the south side of Katella Avenue and 600 feet on the east side of
Euclid Street, and further described as 1626 West Katella Avenue (Euclid Shopping Center); and does
hereby approve the Negative Declaration upon finding that the declaration reflects the independent
judgment of the lead agency and that it has considered the Negative Declaration together with any
comments received during the public review process and further finding on the basis of the initial study
and any comments 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, in part, upon the following conditions which
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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:
That signage for the subject business shall be limited to that shown on the exhibits submitted by the
petitioner and approved by the Planning Commission; provided, however, that the proposed
freestanding monument sign is denied. Any additional signage shall be subject to approval by the
Planning Commission as a"Reports and Recommendations" item.
That no additional freestanding or monument sign shall be permitted in conjunction with this use.
That no roof-mounted signs, balloons or other inflatable devices shall be permitted.
4. That no window signage shall be permitted.
That any roof-mounted equipment shall be subject to the requirements of Anaheim Municipal Code
Section 18.44.030.120 pertaining to the CL "Commercial, Limited" Zone. Said information shall be
specifically shown on plans submitted for building permits.
6. That all air conditioning facilities shall be properly shielded from view. Such information shall be
specifically shown on the plans subm'itted for building permits.
That the front landscaped setback ad~acent to Katella Avenue shall be a minimum of ten (10) feet in
width. A landscaped berm and/or hedge shall be incorporated into the entire length of the setback
to visually screen the drive-through lane from the street; and that the setback landscaping shall
include minimum finrenty four inch (24"') box sized trees provided at a ratio of one (1) tree for every
twenty (20) feet of street frontage for ~he area being developed. Said information shall be
specifically shown on plans submitte~ for building permits.
8. That the locations for future utility devices including, but not limited to, electrical transformers, water
backflow devices, gas, communicatio;ns and cable devices, etc., shall be shown on plans submitted
for building permits. Said plans shall also identify the specific treatment of each device (i.e.,
landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject
to review and approval by the approp'riate City departments.
9. That any public telephones proposed on-site shall be located inside the restaurant building only.
10. That there shall be no sales of beer, wine or other alcoholic beverages of any kind on the premises
of the proposed restaurant, unless a conditional use permit is approved authorizing such use.
11. That no video, electronic or other amusement devices or games shall be permitted.
12. That the hours of operation shall be limited to 6 a.m. to 12 midnight daily, as stipulated by the
petitioner.
13. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
14. That trash storage area(s) shall be pr:ovided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to
be readily identifiable from adjacent streets or highways. The enclosure walls of the storage
area(s) shall be protected from graffiti opportunities by the use of plant materials including 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.
15. That all trash generated from this res~aurant shall be properly contained in trash bins contained in
approved trash enclosures. The nurnber of bins shall be adequate and the trash pick-up shall be as
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frequent as necessary to ensure the sanitary handling and timely removal of refuse from the
property.
16. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
17. That an on-site trash truck turn-around area shall be provided in compliance with Engineering
Standard Detail No. 610 and maintairoed to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifically shown on plans submitted for building permits.
18. That the parking lot senring the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting information shall be specified on the plans submitted for building permits
and shall be subject to the review and approval of the Community Service Division of the Police
Department.
19. That the applicant shall be responsible for maintaining the premises free of litter at all times.
20. That prior to commencing operation of this business, a valid business license shall be obtained
from the Business License Division of the City of Anaheim Finance Department.
21. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use PermiE No. 3741 (permitting an automotive vehicle alarm and stereo
sales and installation facility at 1696 West Katella Avenue), Variance No. 4268 (waiving the
minimum number of parking spaces in conjunction with a restaurant at 1682 West Katella Avenue),
Conditional Use Permit No. 1990 (permitting on-premises sale and consumption of beer and wine in
a proposed restaurant at 1646 West Katella Avenue), Variance No. 2360 (waiving permitted uses in
order to allow outdoor merchandise display at 1616 West Katella Avenue), Conditional Use Permit
No. 1021 (permitting on-premises sale and consumption of liquor in conjunction with a proposed
restaurant), Conditional Use Permit No. 1139 (permitting an outdoor plant nursery in conjunction
with a hardware store with waivers of maximum sign height and required 6-foot high masonry wall
screening the outdoor storage area at 1616 West Katella Avenue) and Conditional Use Permit No.
921 (permitting a plant nursery at 1660 West Katella Avenue).
22. That three (3) foot high address numbers shall be displayed on the roof of the building in a color
contrasting with the roof material. Th'e numbers shall not be visible to the view from the street or
adjacent properties.
23. 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 Plan Nos.
436 and 602 pertaining to parking standards and driveway location. Subject property shall
thereupon be developed and maintained in conformance with said plans. The submitted plans shall
be modified to reduce congestion near the driveway on Katella Avenue east of the proposed site.
Said information shall be specifically shown on plans submitted for building permits.
24. That a lot line adjustment to adjust the existing property lines such that the new building shall be
located within one (1) parcel in its entirety shall be submitted to the Subdivision Section of the
Public Works Department and approwed by the City Engineer, and then recorded in the Office of the
Orange County Recorder.
25. That the developer shall pay the sewer deficiency fee (one hundred thirty seven dollars ($137) per
one thousand (1,000) square feet of building area constructed) for the Remaining Central City Area.
26. That any required relocation of City electrical facility shall be at the developer's expense.
27. That the legal owner of subject property shall provide the City of Anaheim with a public utilities
easement to be determined as electrical design is completed.
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28. That because this project has landscaping areas exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19
"Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349.
29. 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.
30. That prior to the issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 5, 6, 7, 8, 14, 16, 17, 18, 21, 23, 24, 25 and 27,
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.
31. That prior to the commencement of the activity herein approved or prior to final building and zoning
inspections, whichever occurs first, Condition Nos. 22, 28 and 29, above-mentioned, shall be
complied with.
32. 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 Anaheim City 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 s ch condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court f competent jurisdiction, then this
Resolution, and any approvals herein contained, s~'all b~emed nul nd void.
THE FOREGOING RESOL
March 27, 2000.
at t P anni Commission meeting of
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ANAHEIM
ATTEST:
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SECRETARY, A HEIM CITY PLANNING COMMISSION
PLANNING COMMISSION
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STATE OF CALIFORNIA )
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 meeting of the Anaheim City Planning
Commission held on March 27, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, KOOS
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~ IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2000.
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SECRETARY, AN EIM CITY PLANNING COMMISSION
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