Resolution-PC 2003-63'~ ~
RESOLUTION NO. PC2003-63
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04678 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 LOT 26 OF ANAHEIM EXTENSION, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF
SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS ABOVE IN
BOOK 3 PAGE 163 ET. NEG., ENTITLED "LOS ANGELES COUNTY MAPS", RECORDS OF
SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNfNG AT A POINT ON THE SOUTH LINE OF SAID LOT, NORTH 89° 55' 15" EAST
335.00 FEET FROM THE SOUTHWEST CORNER OF SAID LOT, SAID CORNER BEING
THE INTERSECTION OF THE CENTERLINE OF LEMON STREET WITH THE CENTERLINE
OF BALL ROAD, AS SHOWN ON SAID SURVEY; THENCE NORTH 89° 55' 15" EAST 90.93
FEET ALONG SAID SOUTH LINE TO THE SOUTHWESTERLY CORNER OF THE LAND
CONVEYED TO THE PETREL CORPORATION BY DEED RECORDED APRIL 24, 1947 TO
BOOK 1492 PAGE 410 OF OFFICIAL RECORDS, THENCE NORTH 15° 32' 15" WEST
__ 157.45 FEET ALONG THE WEST LINE OF LAST SAID LAND AND ITS NORTHERLY
EXTENSION OF A LINE 290.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE
NORTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED RECORDED
NOVEMBER 18, 1946 IN BOOK 1456 PAGE 555 OF OFFICIAL RECORDS; THENCE
SOUTH 74° 20' 15" WEST 30.00 FEET ALONG SAID PARALLEL LINE TO A LINE 230.00
FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF SAID LOT 26; THENCE
NORTH 15° 32' 15" WEST 170.00 FEET PARALLEL WITH THE NORTHEASERLY LINE OF
SAID LOT 26 TO A LINE PARALLEL WITH AND 120.00 FEET SOUTHEASTERLY OF SAID
NORTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED RECORDED
NOEMBER 18, 1946 IN BOOK 1456 PAGE 555 OF OFFICIAL RECORDS; THENCE SOUTH
74° 20' 15" WEST 49.48 FEET TO THE NORTHEAST CORNER OF THE LAND CONVEYED
TO LEON BENNETT AND WIFE BY DEED RECORDED SEPTEMBER 28, 1949 IN BOOK
1907, PAGE 477 OF OFFICIAL RECORDS; THENCE SOUTH 15° 23' 45" EAST 149.57
FEET ALONG THE EST LINE OF THE LAND CONVEYED TO LEON BENNETT AND WIFE;
THENCE SOUTH 11° 46' 30" EAST 152.66 FEET TO THE POINT OF BEGINNING, ALSO
BEING THE SOUTHEAST CORNER OF THE LAST SAID LAND.
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT
ON THE EASTLINE OF THE LAND CONVEYED TO LEON BENNETT AND WIFE BY DEED
RECORDED SEPTEMBER 28, 1949 IN BOOK 1907, PAGE 477 OF OFFICIAL RECORDS
NORTH 11° 46' 30" WEST 71.64 FEET FROM THE SOUTHEAST CORNER OF SAID LAND;
THENCE NORTH 6° 41' 30" WET 85.53 FEET; THENCE SOUTH 84° 07' 30" EAST 145.05
FEET FROM THE NORTHEAST CORNER OF SAID LAND SOUTH 15° 23' 45" EAST 145.05
FEET FROM THE NORTHEAST CORNER OF SAID LAND; THENCE SOUTH 15° 23' 15"
EAST 4.53 FEET ALONG THE EAST LINE OF SAID LAND TO AN ANGLE POINT; THENCE
SOUTH 11 ° 46' 30" EAST 81.02 FEET TO THE POINT OF BEGINNING.
PARCEL 2: THAT PORTION OF LOT 26 OF ANAHEIM EXTENSION IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF
SURVEY MADE BY WILLIAM HAMEL AND WIFE IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS SHOWN
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IN BOOK 3 PAGE 163 ET. ESQ., ENTITLED "LOS ANGELES COUNTY MAPS", RECORDS
OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT, NORTH 89° 55' 15" EAST
300.00 FEET FROM THE SOUTHWEST CORNER OF SAID LOT, BEING ALSO THE
SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO CHARLES H.
IRWIN AND WIFE, RECORDED MARCH 6, 1947 IN BOOK 1496, PAGE 213 OF OFFICIAL
RECORDS; THENCE NORTH 89° 55' 15" EAST 35.00 FEET; THENCE NORTH 11 ° 46' 30"
WEST 71.64 FEET; THENCE NORTH 6° 41' 30 WEST 85.53 FEET; THENCE SOUTH 84°
07' 30" WEST 7.67 FEET TO A LINE PARALLEL WITH AND NORTHEASTERLY 43.40 FEET
FROM THE EAST LINE OF SAID IRWIN LAND; THENCE NORTH 15° 23' 45" WET 145.04
FEET TO A LINE PARALLEL WITH AND SOUTHEASTERLY 120.00 FEET FROM THE
NORTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO R. L. KEITH AND
WIFE, RECORDED NOVEMBER 18, 1946 IN BOOK 1456 PAGE 555 OF OFFICIAL
RECOREDS; THENCE SOUTH 74° 20' 15" WEST 55.00 FEET ALONG SAID PARALLEL
LINE; THENCE SOUTHERLY TO A POINT ON SAID SOUTH LINE OF LOT 26, SOUTH 89°
55' 15" WEST 30.00 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 89° 55'
15" EAST 20.00 FEET TO THE POINT OF BEGINNING, TOGETHER WITH THE
TENEMENTS, HEREDITAMENTS AND APPURTENANCE THEREUNTO BELONGING OR
IN ANY WiSE PERTAINING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 21, 2003 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 conside_r 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 Sections 18.44.050.300 and 18.46.050.270 to wit: to permit expansion of an
existing drive-through fast food restaurant and waiver of the following:
Sections 18.06.050.020.023.0233 - Minimum number of qarkin4 spaces.
18.06.080 (90 spaces required spaces required;
18.44.066.050 43 sqaces proposed and concurred with by the City Traffic and
and 18.46.066.050 Transportation Manager)
2. That the waiver of minimum number of parking spaces is hereby approved on the basis of
the parking study submitted by the petitioner and prepared by LSA Associates, Inc., to substantiate the
waiver; and that the City Traffic and Transportation Manager has reviewed the study and concurs with the
conclusion that 43 parking spaces will be adequate for this use as proposed to be expanded.
3. That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces
to be provided for the proposed 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.
4. That the 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.
5. That the 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 Anaheim Municipal Code).
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6. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for such use; and
7. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
8. 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.
9. That the size and shape of the site for the proposed expansion to a drive-through 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.
10. That the traffic generated by the proposed expansion to a drive-through fast-food restaurant
will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in
the area.
11. That granting 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.
12. 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 expand an existing drive-through fast food restaurant with waiver
of minimum number of parking spaces on an irregularly-shaped 0.86 acre property located north and west of
the northwest corner of Ball Road and Anaheim Boulevard, with frontages of 149 feet on the north side of
Ball Road and 30 feet on the west side of Anaheim Boulevard, being located 215 feet west of the centerline
of Anaheim Boulevard, and further described as 119 West Ball Road (McDonald's); 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, 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 granting of the parking waiver is contingent upon operation of the approved use in conformance
with the assumptions and/or conclusions relating to the operation and intensity of use as contained in
the parking demand study that formed the basis for approval of said waiver. Exceeding, violating
intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the
parking demand study, shall be deemed a violation of the expressed conditions imposed upon said
waiver which shall subject this waiver to termination or modification pursuant to the provisions of
Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
2. That the existing nonconforming freestanding sign adjacent to Ball Road shall be removed, and plans
for a sign conforming with Code standards may be submitted to the Zoning Division. Any decision
regarding signage may be appealed to the Planning Commission as a'Reports and Recommendations'
item.
3. That roof and ground-mounted equipment shall be properly shielded from view from adjacent streets
and properties. Said information shall be specifically shown on the plans submitted for building permits.
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4. That all plumbing downspouts, ladders and/or other similar pipes and fixtures located on the exterior of
the building shall not be visible to the public rights-of-way. Said information shall be specifically shown
on the plans submitted for building permits.
5. That public telephones on the premises shall not be located outside the building.
6. That exterior vending machines shall be not be permitted on the premises.
7. That window signage shall not be permitted for the drive-through restaurant.
8. 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.
9. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
10. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of
Conditionat Use Permit No. 275 (to establish a walk-up restaurant).
11. That prior to grading plan approval, the developer shall submit a Water Quality Management Plan
("WQMP") specifically identifying the post construction best management practices that will be used on-
site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the
Public Works Department, Development Services Division, for review and approval. _
12. That the developer shall submit an application for a Subdivision Map Act Certificate of Compliance to
the Public Works Department, Development Services Division. 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.
13. That if the site consists of more than one (1) legal parcel, a lot line adjustment shall be submitted to the
Public Works Department, Development Services Division, to merge the existing parcels into one (1)
legal lot. Prior to issuance of a building permit, the Lot Line Adjustment shall be submitted to the City
Engineer for review and approval, and then recorded in the office of the Orange County Recorder.
14. That the developer shall pay the Sewer Capacity Mitigation Fee.
15. That plans shall be submitted to the City Traffic 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.
16. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape
and/or hardscape screening of all pad mounted equipment shall be required and shall be outside the
easement area of the equipment. Said information shall be specifically shown on the plans submitted for
building permits.
17. That a final landscape plan shall be submitted to the Zoning Division for review and approval. Said plan
shall incorporate seven (7) trees in the required setback adjacent to Ball Road and shall include Code-
required landscaping in the parking area. All trees shall be minimum twenty four (24) inch box sized.
Any decision by Zoning Division may be appealed to the Planning Commission as a'Reports and
Recommendation' ifem.
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18. 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 5, and as conditioned herein.
19. 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, 10, 11, 12, 13, 14, 15, 16 and 17, above
mentioned shall be complied with. Extensions of further time to complete said conditions may be
granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
20. That prior to final building and zoning inspections, Condition No. 18, above-mentioned, shall be
complied with.
21. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 21,. 2003.
CH RPERSON, ANAHEI CITY PLANNING COMMISSION
ATTEST:
,~~~F: .L..~.~.~ /~ Yl D-Z.t.-r.:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 April 21, 2003, 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 !O ~" day of
_, 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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