Resolution-PC 2004-11• •
RESOLUTION NO. PC2004-11
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04806 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 THE NORTH HALF OF THE NORTHWEST
QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED
IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 26: THENCE
EASTERLY 531. 20 FEET ALONG THE NORTH LINE THEREOF, THENCE
SOUTHERLY 651.83 FEET PARALLEL WITH THE WESTERLY LINE OF SAID
SECTION 26, TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST
QUARTER TO THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE
WESTERLY 531.20 FEET ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID
SECTION 26; THENCE NORTHERLY 652.18 FEET TO THE POINT BEGINNING.
EXCEPTING THEREFROM THE NORTH 210 FEET.
PARCEL 2: THE NORTH 210 FEET OF THE FOLLOWING: THAT PORTION OF
THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH RANGE 10 WEST, IN THE
RANCH SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT T HE N ORTHWESTER C ORNER O F SAID S ECTION 26; THENCE
EASTERLY 531.20 FEET ALONG THE NORTH LINE THEREOF; THENCE
SOUTHERLY 651.83 FEET PARALLEL WITH THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 26; THENCE WESTERLY 531.20 FEET
ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID SECTION 26; THENCE
NORTHERLY 652.18 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE NORTHERLY 185.00 OF THE WESTERLY 170.00
FEET THEREOF.
PARCEL 3: THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A
MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, 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 January 26, 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
18.03 (Zoning Procedures-Amendments, Conditional Use Permits and Variances), 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
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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. 18.48.020.050.0505 and 18.48.070.050.0511 to wit: to permit a
fast food restaurant in connection with an existing water store and juice bar within a legal nonconforming
retail center, and with waiver of the following:
Sections 18.06.050.020.022 - Minimum number of reauired parkinq spaces.
18.06.050.020.023.0233 (109 spaces required; 42 spaces existing and proposed)
18.06.080
and 18.48.110.120
2. That the proposed use is located in the C-R District (Development Area 1) of the Anaheim
Resort Specific Plan No. 92-2.
3. That the parking waiver is hereby approved based on the information and conclusions set
forth in the Parking Study prepared by Traffic Safety Engineers and dated October 10, 2003, which
indicates that the proposed uses will generate a peak parking demand of 26 parking spaces, and on the
City Traffic and Transportation Manager's determination that the existing and proposed 42 parking
spaces, as conditioned herein, will be adequate to serve the proposed use; and that the parking waiver
will not, under the conditions imposed, cause fewer off-street parking spaces to be provided for the
approved 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 the use because the
approved Parking Study indicates that the peak parking demand for full occupancy of the retail center,
including the subject use, is lower than the number of existing parking spaces.
4. That the parking waiver will not, under the conditions imposed, increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use
because the existing parking lot will accommodate the retail center's peak parking demand, which is
lower than the number of existing parking spaces; and that on-street parking is not permitted on the two
public streets, Katella Avenue and Haster Street, which are adjacent to the subject property.
5. That the parking waiver will not, under the conditions imposed, increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use because the retail center parking lot is physically separated from adjacent properties and the peak
parking demand is lower than the number of parking spaces provided.
6. That the parking waiver will not, under the conditions imposed, increase traffic congestion
within the off-street parking areas or lots provided for the approved use because the approved Parking
Study indicates that the existing spaces will more than accommodate the projected peak parking demand;
and that two driveways from Katella Avenue and one driveway from Haster Street currently serve the
retail center and provide access to the property.
7. That the parking waiver will not, under the conditions imposed, impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use
because the retail center is physically separated from adjacent private properties (including the Mobile
Home Park located to the south on the same parcel); and that there is no reason to encroach into other
parking facilities because the retail center's parking lot provides ample parking as indicated by the
approved Parking Study.
8 That, as conditioned herein, the proposed use will not adversely affect any adjoining land
uses or the growth and development of the surrounding area.
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9. That the size and shape of the property is adequate to allow full development of the
proposed use, including approval of the parking waiver, in a manner which is not detrimental to the
particular area nor to the peace, health, safety, and general welfare of the surrounding area or citizens of
the City of Anaheim.
10. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry 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 no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a fast food restaurant in connection with an
existing water store and juice bar in a legal nonconforming retail center and waiver of minimum number of
required parking spaces on an irregularly-shaped 15.31-acre parcel located south and east of the
southeast corner of Katella Avenue and Haster Street, having frontages of 362 feet on the south side of
Katella Avenue and 1,110 feet on the east side of Haster Street, and further described as 210 East
Katella Avenue (EI Cantarito Agua Pura in the Satellite Shopping Center); 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 on-going during project operation, the property owner/developer shall be responsible for the
removal of any on-site graffiti within 24 hours of its application.
2. That the business shall be equipped with an alarm system (silent or audible).
3. That a Burglar/Robbery Alarm permit application, Form APD 515, shall be obtained from the Police
Department.
4. That the rear entrance doors shall be numbered with the same address numbers or suite numbers (a
minimum height of four (4) inches is recommended).
5. That all exterior doors shall have adequate security hardware (for example, deadbolt locks).
6. That a Fire Emergency Listing Card, Form APD-281, shall be obtained from the Police Department.
7. That prior to the commencement of the activity authorized by this Resolution, or prior to final building
and zoning inspections, or within one (1) year from the date of this Resolution, whichever occurs first,
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 3; and that Condition Nos. 2, 3, 4, 5 and 6, above-
mentioned, shall be complied with. Extensions for further time to complete said conditions may be
granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits,
Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal
Code.
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8. That granting of the parking waiver shall be contingent upon operation of the approved use in
conformance with the assumptions relating to the operation and intensity of the 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 as contained in the parking demand
study shall be deemed a violation of the express conditions imposed upon said waiver which shall
subject this Conditional Use Permit and parking waiver to termination or modification pursuant to the
provisions of Sections 18.03.091 (Termination or Modification of Amendments, Conditional Use
Permits or Variances - Procedure) and 18.03.092 (Termination or Modification of Conditional Use
Permits or Variances - Grounds) of the Anaheim Municipal Code.
9. 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
January 26, 2004.
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RPERSON, ANAHEIM CITY PLAIVNING COMMISSION
A
ARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 January 26, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this -`~ day of
, 2004.
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ENIOR ~ECRETARY, ANAHEIM CITY PLANNING COMMISSION
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