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Resolution-PC 2001-79~ • RESOLUTION NO. PC2001-79 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DENYING A REQUEST TO AMEND RESOLUTION NO. 98R-158, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMfT NO. 4027 WHEREAS, on July 21, 1998, the Anaheim City Council did adopt Resolution No. 98R- 158 to grant Conditional Use Permit No 4027 and permit expansion of an existing 2,415 sq.ft. drive- through restaurant by constructing a second story, 817 sq.ft., indoor chi~dren's playground (for a total of 3,232 sq.ft.) with waiver of minimum number of parking spaces on property located at 8295 East Santa Ana Canyon Road; and that Condition No. 2 of said Resolution No. 98R-158 specifies the following: "2. That no roof-mounted equipment shall be permitted unless approved by conditional use permit and fully screened from view from all public streets and adjacent properties in accordance with the Anaheim Municipal Code.° WHEREAS, the property is developed with a drive-through fast food restaurant (Burger King) with a two-story indoor children's playground; that the restaurant is integrated in a commercial retail shopping center although it is on a separate parcel; that the zoning is CL(SC) "Commercial, Limited- Scenic Corridor Overlay"; and that the Anaheim General Plan Land Use designation is General Commercial; and WHEREAS, roof-mounted heating and air conditioning equipment has been installed on top o~ the two-story indoor playground portion of the restaurant; and WHEREAS, the petitioner has requested modi~cation of this conditional use permit to permit and retain roof-mounted mechanical equipment on the existing drive-through fast food restaurant in the Scenic Corridor Zone Overlay; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 18, 2001, at 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 amendment 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 proposal to amend this conditional use permit to permit and retain roof-mounted mechanical equipment on the existing drive-through fast food restaurant in the Scenic Corridor Zone Overlay is permitted under authority of Code Section 18.84.062.030.032. 2. That the proposed amendment is denied on the basis that it has not been demonstrated that the proposed screening of the roof-mounted equipment will be provided by acceptable, permanent building materials, the same as or similar to those which were used in the construction of the underlying building; nor has it been demonstrated that the equipment will be screened from view by acceptable architectural features of the building itself. 3. That it has not been demonstrated that the method and/or screening material used would not be readily recognizable as a screening device integrated into the design of the building. Tracking No. CUP 2001-04368 CR5115PK.doc -1- PC2001-79 • ~ 4. That construction of the proposed "box" type of roof screening enciosure would further increase the height of a building that is already out-of-scale with surrounding commercial buildings in the Scenic Corridor Zone Overlay. 5. 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: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny the request to amend Conditional Use Permit No. 4027. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 18, 2001. ~ /~ CHAIRPERSON, ANAHEIM C~TY PLf~,~JNING COIVIMISSION ATTEST: ~ ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 June 18, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BRISTOL IN WITNESS WHEREOF, I have hereunto set my hand this 9~ day of , 2001. ~ ~~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2001-79