Resolution-PC 2007-75~' ~
RESOLUTION NO. PC2007-75
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007=05190 BE GRANTED
' (3110 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim 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:
THA7 PORTION OF LOT 20, BLOCK K OF THE KRAEMER TRACT, AS SHOWN ON A
MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS OF
' LOS ANGELES GOUNTY, CALIFORNIA, BOUNDED'NORTHERLY BY A LINE 53.00 FEET
' SOUTHERLY FROM AND PARAtLEL WITH THE NORTHERLY LINE OF SAlD I.OT 20, '
BEING ALSO THE CENTERLINE OF LA PALMA STREET; EASTERLY BY THE
'' WESTERLY LINE OF THE LAND CONVEYED TO THE ORANGE COUNTY FLOOD
CONTROL DISTRICT BY DEED REGORDED NOVEMBER 10, 1960 IN BOOK 5504, PAGE
8 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; SOUTHEASTERLY BY THE
NORTHWESTERLY BOUNDARY OF PARCEL 1 OF THElAND CONVEYED TO SAID
DISTRICT BY DEED'RECORDED DECEMBER 10,'1965, IN BOOK 7770, PAGE 822, OF
SAID OFFICIAL RECORDS; AND SOUTHWESTERLY AND NORTHWESTERLY$Y THE
NORTMEASTERLY BOUNDARY OF THE LAND CONVEYED TO THE STATE OF
CALIFORNIA BY DEED RECORDED APRIL 22, 1963,1N BOOK 6515, PAGE 989, OF
SAID OFFICIAL RECORDS.
' WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on' July 9, 2007, at 2:30 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 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'construct a new fast food restaurant and retain a legal non-conforming
pole mounted sign is properly one for which a conditional use permit is authorized by Anaheim Municipal
Code Sections 18.120:100.050.0522 (Restaurants - Drive-through) and 18.56.060.020 (Nonconforming
Signs) with waivers of the following provisions: ' .
SECTION NO. 18.08.060.010.0101 Minimum repuired landscaqe setback
abuttina an arterial
15 feet required; 8 to 14 feet 2 inches
proposed)
SECTION N0.18.44.110.010.0103 Maximum wall sian size
Deleted.
2. That the waiver pertaining to minimum required landscape setbacks is hereby approved
because there is anothec commercial property within the immediate vicinity which also enjoys a waiver of
required landscape setback. The new development will provide more landscaping along La Palma Avenue
than the existing site. Denial of this waiver would deprive this property of a privilege enjoyed by another
property in with the same zoning in the vicinity.
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3. , That the waiver pertaining to maximum sign size is deleted because it has been withdrawn
by the applicant.
4. That the proposed fast food restaurant and legal non-conforming pole mounted sign, as
conditioned herein, would not adversely affect the adjoining land uses and the growth and development of
the area in which it is proposed to be located because the site has been developed with a fasffood
restaurant with no adverse affects to adjoining land uses
5. That the size and shape of the site for the fast food restaurant is adequate to allow the full
development of the proposed use in a manner not'detrimental to the particular area.
6. That the granting of the conditional use permit under the conditions imposed will not be
detrimental fo the health and safety of the citizens of Anaheim.
7. That ho one indicated their presence at`said public hearing in'opposition; and that no
correspondence was"received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL'QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to construct a new fast food restaurant and retain a legal non-
conforming pole mounted sign; and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgment of the fead 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 Planning Commission does
hereby granf subject Petition for ConditionaV 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
health and safety of the Citizens of the City of Anaheim:
Prior to issuance of a buildinq permit or within a period of one (11 vear from the date of this
resolution whichever occurs first the followinq conditions shall be complied with:
1. That the applicant shall submit to the Pubfic Works Department, Development Services Division for a
Water Quality Management Plan for review and approvaL
2. That within 90 days from the date of the approval of this project, the applicable traffic signal
assessment fee shall be paid to the City of Anaheim in an amount established by City Council
Resofution.
3. That within 90 days from the date of the approval of this project, the developer shall pay a traffic and
transportation improvement fee to the City of Anaheim, Traffic Engineering Division, in an amount
established by City Council Resolution.
4. That all backflow equipment shall be located above ground outside the street setback area in a manner
fully screened from all public streets. Any backflow assemblies currentty installed in a vault will have to
be brought up to current standards. Any other large water system equipment shall be installed to the
satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all public streets. Said information shall be specifically
shown on plans and approved by Water Engineering and Cross Connection Control Inspector before
submittal for Building Permits.
5. That all requests for new water services or fire lines, as well as any modifications, relocation or
abandonments of existing water services and fire lines shall be coordinated through the Water
Engineering bivision.
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6. That this project has a landscaping area exceeding 2,500 square feet therefore a separate irrigation
meter shall be installed in compliance with Chapter 10.19`of the Anaheim Municipat Code and
Ordinance Na: 5349.
7. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division. A Certiflcate 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. '
8. That all'existing water services and fire lines shall conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall 6e
upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The
bwner/developer shalT be responsible for the costs to upgrade or to abandon any water service or fire
line. :
9. That the applicant shall submit revised elevation plans indicating enhancements to the building
walls on the east, west and south elevatlons to include a combination of lighting, architectural
elements and landscaping where there are no windows. Said plans shall be submitted to the
Planning Services Division for review and approval. Any decision by staffmay be appealed to the
Planning Commission as a Reports and Recommendations item.
Prior to aradina plan approval the followinp aonditions shall be complied with:-
10. The applicant shall demonstrate that coverage has been obtained under California's General Permit for
Stormwater Discharges Associate with Construction Activity by providing a copy of theNotice of Intent
(NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification
of the issuance of a Waste Discharge ldentification (WDID) Number. The applicant shall prepare and
implant a Stormwater PollutionPrevention Plan (SWPPP). A copy of the current SWPPP shall be kept
at the project site and be available for City review on request.
Prior to final buildinq and zonina insuections the followinq conditions shall be complied with:
11. That a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim
Municipal Code and Ordinance No. 5349.
12. That an Emergency Listing Card, Form APD-281, shalf be filed with the Police Department.
13. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 7 and as conditioned herein.
Prior to the issuance of a certificate of occupancv:
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14. That the applicant shall demonstrate the following:
a. That all structural BMP's described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications,
b. That the applicant is prepared to implement all non-structural BMP's described in the Project
WQMP.
c. That an adequate number of copies of the approved Project WQMP are available onsite;
d. Submitfor review and approval an Operation and Maintenance Plan for all structural BMP's.
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General Conditions: '
15. That the property shall be permanentiy maintained in an orderlyfashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four
`(24) hours from the time of discovery.
16. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and .
ground contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate
'illumination to make clearly visible the presence of any person on or about the premises during the
hours of darkness and provide a safe, secure environment for all persons, property, and vehicles
onsite.
' 17. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
: damaged, diseased ar-d/or dead.
18. That timing for'compliance with conditions of approval may be amended by the Planning Director upon
a showing of.good cause proVided (i) equivalent timing is established that satisfies the original intent
and purpose of the condition(s),. (ii) the modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
19. That extensions.for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal.
20. Thaf 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: Approvaf 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 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.
_ BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or :
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 9, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal pr edures and may be replaced
by a City Council Resolution in the event of an appeai.
CHAIR AN, A H~IM PLANN COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE'OF CALIFORNIA ) .
COUNTY OF ORANGE ) ss.
CITY OF ANAHEfM )
1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
thatthe foregoing resolution was passed and adopted at a meeting of fhe Anaheim Planning Commission
held on July 9, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISStONERS: NONE .
ABSENT: COMMISSIONERS: FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
,' 2007.
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SENIORSECRETARY,'ANAHEIM PLANNING-COMMISSION
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