Resolution-PC 2004-75. .. . .. ~ ~ . .. . ~ .~ ~ . .. ..
RESOLUTION NO. PC2004-75
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION-
THAT PETITION FOR CONDITIONAL USE PERMIT N0:2004-04866 BE GRANTED
(255 SOUTH EUCLID STREET)
`WHEREAS, theAnaheim City Planning Commission did.receive a verified Petifion for
Conditional Use Permit fior certain real property situated in the Cityof Anaheim, County of Orange, State
of California, described'as:
PARGEL` 1 AS DESCRIBEQ IN THAT CERTAW lOT LINE ADJUSTMENT NO. 313
RECORDED MAY 16, 1994 ''AS INSTRUMENT NO. 94=0335342 OF OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 12, 2004 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 18,60,
to hear and consider evidence for and against said proposed conditional use permit and to investigate
andmake findings and recommendations in connection therewith; and that said publichearing was
continued to the July 26, 2004 Planning Commission meeting; 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 Nos. 18.08.030.010 and 18.66.040.010 to wit: to establish a
commercial retail center and to construct a four (4)-unit commercial retail building (food court) and
freestanding drive-through restaurant on a commercial property and waiver of the following:
(a) SECTION NOS. 18.08.070 AND Minimum number of parkina spaces (367 spaces
18.42.040 required; 333 spaces proposed and recommended
by the City Traffic and Transportation Manager)
(b) SECTION NO. 18.42.080.030 Minimum drive-through lane requirements (60 feet
between the start of the drive-through lane and the
ordering device required; 45 feet proposed)
2. That waiver (a), pertaining to the minimum number of parking spaces is hereby approved on
the basis that a parking letter was submitted by the petitioner to substantiate the waiver; and that the City
Traffic and Transportation Manager has reviewed the letter and concurs with the conclusion that 333
parking spaces is adequate for the existing and proposed uses.
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,
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6. That the waiver, under the conditions imposed, uvill 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 waiver (b) pertaining to the minimum drive-through lane requirements pertaining to the
distance between the start of the drive-through lane and ordering device is hereby approved because the
60 foot long segment, required by Code, could not be accommodated due to the proposed installation of
a 20 foot wide landscape buffer between the drive-through lane and public street.
9. That strict application of the Zoning Code would deprive the property of privileges enjoyed
by other properties under identical zoning classification in thevicinity because other drive-through
restaurants in the vicinity were not required to provide the additional 10 feet of landscaping adjacent to
the public street.
10. That there are special circumstances'applicable to the property, due to the size of the land '
available for this use. The additional length could not physically be accommodated'without infringing on
some other aspect of the project, such as maintaining themaximum number of parking stalls or minimum
, width of drive aisles. The project is also constrained by the location of the existing driveway to the north.
11. That the use has not adversely affected the adjoining land uses and the growth and
development of the area in which it is located as the food court and drive-through restaurant would be
compatible with other commercial uses in the vicinity.
12. That the size and shape of the site for the use is adequate to allow fhe full operation of the
use in a manner not detrimental to the particular area nor to the health and safety:
13. That the traffic generated by the use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area.
14. That the granting of the conditional use permit under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
15. That one person indicated their presence at said public hearing in opposition and one
person spoke with concerns related to ingress and egress; and that no correspondence was received in
opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to establish a commercial retail center and to construct
a four (4)-unit commercial retail building (food court) and freestanding drive-through restaurant on a
commercial property with waiver of minimum number of parking spaces and minimum drive-through lane
requirements; 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 final precise elevation and landscape plans for the drive-through restaurant shall be submitted
to the Planning Services Division for review and approval. Said plans shall indicate the specific
colors and materials of the proposed buildinqs and shall be complementary to the existing food court
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building. Any decision by staff may be appealedto the Planning Commission'as a Reports and
' Recommendations item.
2. That the number of tenant spaces within the food court building shall be limited to four (4), for a total
of seven (7)#enant spaces, including the drive-through restaurant. Said information shall be
specificalfy shown on plans submitted for building permits. Any further division of spaceto create
additional tenant spaces within any of #he buildings on theproperty shall require approval of a
conditional use permit.
3. That only three (3) of the four (4) food court tenant spaces (5,300 square feet maximum) shall be
utilized #or fast food (with more than 10 seats) uses unless a parking Variance is granted or the
minimum number of required parking spaces for all uses shalf be provided.
4. That no convenience markets and/or retail sales of alcoholic beverages shall be permitted uniess a
separate conditional use permit is approved by the Planning Commission.
5. That the final sign plan for the drive-through restaurant shall be submitted to the Planning Services
Division for review and approval by the Planning Commission as a Reports and Recommendations
. item. ,
6. That wall signage for the food court building shall comply with signage requirements of the CG zone ,
unless a variance allowing sign waivers is approved by the City Council; Planning Commission or
Zoning Administrator.
7. That all public phones shall be located inside the buildings.
8. That all trash generated from this commercial center shall be properly contained in trash bins located
within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall
be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the
property. :
9. 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. The property owner shall make every attempt to '
retain the mature trees currently existing on the property.
10. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
11. That no window signage shall be permitted. -
12. That no outdoor vending machines shall be permitted on the property.
13. That 4-foot-high street address numbers shall be displayed on the roof of the building in a color that
contrasts with the roof material. The numbers shall not be visible from the streets or adjacent ,
properties. Said information shall be specifically shown on plans submitted for building permits.
14. That any proposed roof-mounted equipment shall be subject to the screening requirements of
Anaheim Municipal Code Section No. 18.38.170. Said information shall be specifically shown on the
plans subm'stted for Zoning and Building Division approvaL
15. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be
fully screened by architectural devices and/or appropriate building materials. Said information shall
be specifically shown on the plans submitted for building permits.
16. 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. '
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17, That all new requests for new water services or fire lines, as well as any modification, relocation, or
abandonments of existing water services and fire lines shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
18. That all backflow equipment shall be located above ground and outside of the street setback area in
a manner fully screened from aU public streets. Any backflow assemblies currently instailed in a
vault shall be brought up to current standards. Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering bivision in either underground vaults or outside
of the street setback area in a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by Water Engineering and Cross
Connection Control Inspector,
19. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation
meter shall be installed in compliance with Chapter 10.19 of Anaheim Municipal Code No. 5349'
regarding water conservation. Said information shall be specifically shown on plans submitted for
building permits.
20. 7hat all existing water services shall conform to current Water Utility Standards. Any existing water
services that are not approved by the Utility for continued use shall be upgraded to current
standards, or abandoned by the developer. If the existing services are no longer needed, they shall
be abandoned by the developer. '
21. 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 approvedplans 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 one-gallon size
clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be
specifically shown on the plans submitted for building permits.
22. 7hat 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
23. 7hat an on-site trash truck turn-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 turn-around area shall be specifically shown on plans submitted for building permits.
24. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval in conformance with the current version of Engineering Standard Plan Nos. 436 and
4601/602 pertaining to parking standards and driveway Iocation. Subject property shall thereupon
be developed and maintained in conformance with said plans.
25. That no required parking area should be fenced in or otherwise enclosed for outdoor storage uses.
26. That the drive-through lane (minimum of 16 feet inner and minimum 26 feet outer radius) shall be
reviewed and approved by the City Traffic and Transportation Manager. Said information shall be
specifically shown on plans submitted for building permits.
27. That the legal owner of subject property shall provide the City of Anaheim a public utilities easement
along/across primary cable underground and around the pad-mounted transformers.
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28. That any required relocation of City electrical facilities shall be at the property owner's expense.
Landscape and/or hardscape screening of all pad-mounted equipmenf shail be required and shall be
outside the easement area of the equipment. Said information shall be specifically shown on plans
submitted far building permits.
29. That the fee for sewer capacity mitigation, for the Combined West Anaheim Area; Zone C, shall be
paid.
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30. , That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying
the best management practices thafi 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 prior to approval of the grading plan;
31. ' That the property owner shall submit a letter to the Zoning Division requesting the termination of
Public Convenience or Necessity No. 96-01 (to permit the sale of beer, wine and general liquor for
off-premise consumption in conjunction with a supermarket).
' 32. This'condition was deleted at the public hearing. ,
33. That the 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 8, and as conditioned herein.
34. . That approval of a parking waiver is based on assumptions contained in the parking demand study,
including the reduced parking requirement for the DaniePs furniture building from 5.5 parking spaces
per thousand square feet of gross floor area to 2.2 parking spaces per thousand square feet of gross
floor area for the furniture store. Any changes to said assumptions shall be reviewed by the Traffic
and Transportation Manager and considered by the Planning Commission at a noticed public
hearing.
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. 1, 2, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24, 26, 27,
28, 29, 30 and 31 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.
36. That prior to final building and zoning inspections, Condition No. 33, 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 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 such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Reso{ution, and any approvafs herein contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of `
July 26, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal proc dures;a be replaced by a
City Council Resolution in the event of an appeaL
CH R AHEIM CITY PLANNING CQMMISSION
~ ATTE :
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OFANAHEIM )
I, Pat Chandler, 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 July26, 2004, by the following vote of the members fhereof:
AYES: COMMISSIONERS: BUFFA; EASTMAN, FLORES, O'CONNELL, VANDERBILT-LINARES
NOES: COMMISSIONERS: -
ABSENT: COMMISSIONERS: ROMERO
VACANCY; COMMISSIONERS ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2004.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION