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Resolution-PC 2002-140i • RESOLUTION NO. PC2002-140 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04577 BE GRANTED WHEREAS, the Anaheim City 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: PARCEL 1: THAT PORTION OF SECTION 13, TOWNSFiIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SAID SECTION IS SHOWN ON MAP RECORDED IN BOOK 51, PAGE 11, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: THE EAST 4 ACRES OF THE NORTH 10 ACRES OF THE EAST 13 OF THE EAST 30 ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13. EXCEPTING THEREFROM THE SOUTH 296 FEET THEREOF. ALSO EXCEPTING THEREFROM THE WEST 89.50 FEET. ALSO EXCEPTING THEREFROM THE NORTH 66 FEET THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City af ~rah~~m ar~ 4ugust 92, 20~2 ~# 9:39 o.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 that said public hearing was continued to the September 9 and September 23, 2002 Planning Commission meetings; 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 permit construction of a fast food restaurant with drive-through and pick-up windows, and with waivers of the following: (a) Section 18.02.058.010.014 - NonconforminQ Structures and Uses - General. (existing nonconforming uses to be removed before another use is permitted; fast food restaurant proposed and existing nonconforming billboard to be retained) (b) Sections 18.05.050 - Nonconforminq Sians and Billboards - General. 18.05.112 (conditional use permit required for billboards in the CL and 18.44.050.090 "Commercial, Limited" Zone; No conditional use permit proposed for existing nonconforming billboard) cr5465dm-as.doc -1- PC2002-140 ~ ~ 2. That waivers (a) and (b), Nonconforming Structures and Uses-General and Nonconforming Signs and Billboards-General, are hereby approved on the basis that said waivers are necessary in order to develop a fast food restaurant with drive-through and pick-up windows on property on which an existing nonconforming billboard is located; and that approval of said waivers is consistent with a court order issued by the Orange County Superior Court regarding a similar billboard at 601 South Magnolia Avenue (which billboard was approved in connection with Conditional Use Permit No. 4148). 3. 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. 4. That the size and shape of the site for the proposed fast food restaurant 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 because no waivers of development standards (except for retention of the existing billboard) are necessary for the proposed construction. 5. That 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. 6. That granting Conditional Use Permit No. 2002-04577, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 7. That one person spoke at the public hearing on August 12, 2002 in favor of the proposal but with concerns regarding grading; that finro people spoke at the hearing on September 9, 2002 in opposition to the proposed restaurant; that no one indicated their presence at the hearing on August 23, 2002 in oppasition to-~he pFOposal; -tk~at one-p~rson spoke at the hearing_on September 23, 2002 with concerns pertaining to procedural questions regarding the existing billboard; and that no correspondence was received in opposition to the petition. CALiFOR~JlA E~lVlRrJN^!l~NTAL QUAlITY A~T FINDING The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 3, 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 grant subject Petition for Conditional Use Permit, upon the following conditions which 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: 1. That as stipulated by the petitioner, the hours of operation shall be limited to: Sunday through Thursday: 6 a.m. to 10 p.m. Friday and Saturday: 6 a.m. to midnight 2. That the outdoor patio area be limited to ten (10) seats in accordance with Anaheim Municipal Code Section 18.d2.052.060; that outdoor furniture shall not be used as an advertising device; and that said information shall be specifically shown on the plans submitted for building permits. 3. That any proposed roof-mounted equipment shall be subject to the screening 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 Zoning Division and Building Division approval. 4. That the drive-through lane shall be reviewed and approved by the City Traffic and Transportation Manager. Said information shall be specifically shown on the plans submitted for building permits. -2- PC2002-140 i ~ 5. That plans shall be submitted to the City Tra~c and Transportation Manager for review and approval showing conformance with Engineering Standard No. 137 pertaining to sight distance visibility for the proposed monument sign location. 6. That the existing driveways adjacent to Dale Avenue and Lincoln Avenue shall be removed and replaced with standard curbs, gutters, sidewalk and landscaping as shown on Exhibit No. 1, approved in connection with this conditional use permit. Said information shall be specifically shown on the plans submitted for building permits. 7. That plans shall be submitted to the City Tra~c and Transportation Manager for review and approval showing conformance with the current versions 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. 8. That the proposal shall comply with the sign requirements of the CL (Commercial, Limited) Zone unless a variance allowing sign waivers is approved by the Planning Commission or City Council. Any additional on-site signs shall be subject to review and approval by the Planning Commission as a"Reports and Recommendation" item. Further, wall signs shall be limited to what is shown on the exhibits approved in connection with this conditional use permit, provided that the maximum number of wall signs shall be limited to three (3) consisting of two (2) text signs and one (1) logo sign; and that the final sign plans submitted for building permits shall indicate individually routed letters for the sign copy areas. The monument sign base shall be finished in the same ledgestone as the building. 9. That the two (2) new driveways on Dale Avenue and Lincoln Avenue shall be aligned with the proposed:parkirtg tot aisle and shal4 be FgEOnstr~~ted to accommodafe ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 137. Said information shall be specifically shown on the plans submitted for building permits. 10. That the e~ha~ced pav~~g show~ cn Exh;~9t No. 4{a~provsd in connection with this conditional use permit) shall be installed. Said information shall be specifically shown on the plans submitted for building permits. 11. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 12. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610, and shall be maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for building permits. 13. That the property owner shall provide the Electrical Engineering Division of the City of Anaheim Public Utilities Department with a public utilities easement to be determined as electrical design is completed. 14. That any necessary relocation of existing electrical facilities or street lights shall be at the expense of the developer. 15. That trash storage area(s) shall be provided 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 walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants 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. -3- PC2002-140 • • 16. 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. 17. 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. Said information shall be specifically shown on the plans submitted for building permits. 18. 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 the Water . Engineering Division of the Public Utilities Department. 19. That no alcoholic beverages shall be sold or consumed on the premises. 20. That no exterior vending machines shall be permitted on the property. 21. That no video, electronic or other amusement devices or games shall be permitted on the premises. 22. That no roof-mounted balloons or other inflated devices shall be permitted. 23. That no window signage shall be permitted, except as specifically approved herein. 24. That the parking lot serving the premises shall be maintained with lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. Said-Figh~ir~g shall be decorativ~ a~d 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. 25. Tnat ~he~e shail be no publ9c t~l~~"c~~s maintairesi on the property, which telephones are located outside the building. 26. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 27. 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 dies. 28. That a Final Landscaping Plan shall be submitted to the Zoning Division for review and approval. Said landscaping shall incorporate minimum twenty four (24) inch box sized trees and the Code- required number of trees along the north, east and south property lines. Further, a landscaped earthen berm and a hedge row shall be incorporated into the entire length of the setback adjacent to Dale Avenue and Lincoln Avenue with the exception of ingress/egress areas. Further, dense landscaping shall be provided adjacent to Dale Avenue and Lincoln Avenue to adequately screen the drive-through lane. Said information shall be specifically shown on the plans submitted for building permits. 29. That four (4) foot high street address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division, approval. 30. That the legal owner of the subject property shall submit a letter to the Zoning Division requesting termination of Variance No. 2812 (for waiver of permitted uses to establish an automotive diagnostic center). -4- PC2002-140 ~ ~ 31. 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 13, and as conditioned herein. If the existing billboard is retained, revised plans including the billboard shall be submitted to the Planning Commission as a "Reports and Recommendations" item for a determination of substantial conformance. 32. 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, 4, 5, 6, 7, 8, 9, 10, 12, 15, 16, 17, 24, 28, 29 and 30, above-mentioned, shall be complied with. 33. That prior to final building and zoning inspections, Condition Nos. 13 and 31, above-mentioned, shall be complied with. 34. 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 applicanYs 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. ~HEfOREGOING F~ESOL~JTlON was adopted at tlie Planning Commission meeting of September 23, 2002. .~ CHAIRPERSON, ANAH IM CITY PLANNING COMMISSION ATTEST: ~..2M~cry+-~~Q,O 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 September 23, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of , 2002. SECRETARY, ANAHEI CITY PLANNING COMMISSION -5- PC2002-140