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Resolution-PC 97-177~ ~ RESOLUTION NO. PC97-177 A RESOLUTION OF THE ANAHEIM CITY PLANNING ~OMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3985 BE GRANTED, IN t='ART WhEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain ~~al property situated in the City of Anaheim, County of Orange, State of Califomia, described as: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 100, PAGES 17 AND 18 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECOPGER OF ORANGE COUNTY, CALIFORNIA WHEREAS, the City Planning Commission did hold a public hearing at the Civic C~nter in the City of Anaheim on November 24, 1E97 at 1:30 p.m., notice of said public hearing having ~een duly given as required by law and in accordance with ihe provisions of the Anaheim Municipal C~de, Chapter 18.03, to hear and consider evidence for and against said proQosed conditional use permit and to investigate and make findings and recorrimendations in connection therewith; and that said public hearing was con:inued to the December 22, ? 9~7 Planning Com~nission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itseif and in its behalf, and after due considerat~on of all evidence and reporls offered at said hearing, does find and determine the following facts: ;. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.110.100.050.0531 and 18.84.062.032 to construct a 2,912 sq. ft. drive-through fast food restaurant with outdoor seating and roof-mounted equipment, and with waiNers of the following; (a) Sections 18.05.091.010 - Permitted freestandinq s~. 1 R.05.091.011 18.05.091.014 and 18.110.100.120 (b) Sections 18.05.091.020 - Perniitted wall siqns. one permittsd; three proposed) and 18.110.100.120 (c) Sections 18.06.050.0233 103 - Minimum number of parkinq spaces. (426 required; 355 proposed) and 18.110.100.110.1 (d) Sections 18.06.070.020 - Minimum drive-throuqPi lane reauirements. 100 feet between ordering device and service window and 18.110.100.110 required; 55 feet proposed) (e) Sections 18.84.062.014 - Required improvement of setbacks. (maximum 30 feet of automobile aarkina permitted in 50-foot and 1_ 8.110•10~ front structural setback; • maximum 25 feet ot drive-throuQh lane proposed) -1- PC97-177 CR3141 PL.DOC ~ ~ 2. That waiver (a), pertaining to permitted freestanding signs, is hereby denied on the basis that it was deleted foflowing public notification; 3. That there are sper,ial circumstance$ applicable to the property consisting of its location and surroundings, which do not apply to other identically zoned properties in the vicinity; 4. That strict application of the Zoning Code deprives the propeny of privileges enjoyed by other properties under identical zoning classiFicat~on in the vicinity; 5. That waiver (b), pe~taining to permitted wall signs, is hereby approved because there are ot~er identicaily zoned properties ~n the vicinity with more than one wall sign; and that the size and shape of the property, coupled with the location of the existing service stat~on building to the east, restrict vis~.~,~~ity of the proposed structure; 6. 7hat the parking waiver (c) is hereby approved on the basis of the findings contained in the parking study prepared for this proposai and approved by the City 7raffic and Transportation Manager, 7. That the parking waiver (c), under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such 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; 8. That waiver (c), under ihe conditions imposed, wi~l not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; 9. That waiver (c), ~nder 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 properiy is not expressly provided as parking for such use under an agreement in corripiiance with Section 18.06.010.020 of this Gode); 10. That waiver (c), under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use; 11. That waiver (c), 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; 12. That waiver (d), periaining to minimum drive-throuc~h larie requirements, is approved on the basis that the intent of the Code will be satisfied because the distance between the ordering device and the second service window (pick-up) complies with Code; and that the size and shape of the property prevents strict a~plication of the Code as ~.;, :d to other identically zoned properties in the vic?nity; , 13. That wa~~er (el, periainin~~'to required,',impraver,ient of setbacks, is approved because the depth of the property is constrained by the surroui.d.ing commercial center to the south and strict compliance with the Code would prohibit a drive-through ~~staurant use on thi; :~,~e; and that the intent of the Code will be achieved by the required landscape berming and proposed shriibs which will parlially screen the drive-through iane; and ihat the s~bmitted plan~ indicate 5 to 20 feet of landscaping in excess of Code requirements adjacent to La Pafma Avenue; and that special circumstances apply in that Gode allow an automobile parking area in the front setback which is more intense (aestheticalty) than the proposed drive-through lane which will be screened by IandscapinQ; 14. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code; -2- PC97-177 ~ ~ 15. 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 6e iocated; and that the size of the building to be demolished is larger than the proposed building; 16. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manne~ not detrimental to the particular area nor to the peace, health, safety, and general welfare; 17. That the traffic generated by the proposed use wiil not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 18. That the granting of the conditionai use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general Nvelfare of the citizens of the City of Anaheim; and 19. That 4 people spoke at said public hearing in opposition; and that no corcespondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a 2,912 sq. ft. drive-through fast food restaurant with outdoor seating and roof-mounted equipment, and with waivers of permitted freestanding signage, permitted wall signs, minimum number of parking spaces, minimum drive-through lane requirements and required ir.iprovements of setbacks on a 0.55-acre parcel having a frontape of 112 feet on the south side of La Palma Avenue, a maximum depth of 218 feet, and being located 257 feet west of the cente~line of Imperial Highway (5646 East La Palma Avenu•~); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgement of the lead agency and that it has considered the N2gative 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, in part, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject propeRy in order to preserve the ssfety and general welfare of the Citizens of the City of Anaheim: ~, That a minimum two (2) foot wide landscape pianter shall be constructed and maintaineti adjacent to the building where possible. Said informatio~ti shail be specifically shown on landscape plans submitted for building permits. 2. That the proposed landscaped earthen berm in the twenty five (25) to forty (40) foot wide landscaped setback adjacent to La Palma Avenue shall be measured from the ultimate right-of- way along La Palma Avenue. Said intormalion shall be specifically shown on plans submitted for building permits. 3. That a security guard shall be provided daily irom 8 p.m. to closing, if determined to be necessary by the Anaheim Police Department, to d~scourage vandalism and/or loitering upon or adjacent to the subject properly. 4. That lighting of signage for subject property shall be prohibited after hou~s of business operation or between midnight and 6:30 a.m., whichever is leter as specified by Zoning Code Seclion 18.05.091.050. 5, That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signage shatl be subject lo approval by the Planning Commission as a"Reports and Recommendations" item. .3_ PC97-177 ~ i 6. That trash storage areas shali be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Such informatian shall be specifically shown on the plans submitted for building permits. 7. That a plan sheet for sofid waste storage and collection and a plan for recycling shall be submitted to the Public Works Depa~lment, Streets and Sanitation Division, for review and approval. 8. That an on-site trash truck turn-around area shall be provided in compliance with Engineering Standard Detail No. 610 and shall be maintained to the satisfactian uf the Public Works Department, Streets and Sanitation Division. Said tum-around area shall be specifically shown on plans submitted for building permits. 9. That plans shall be submitted to th~ City Traffic and Transporiation Manager for review and approval showing conformance with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 10. That minimum sixteen (16) foot inner and twenty six (26) foot outer radii shall be provided for the drive-through lane. Such information shall be specifically shown on plans submitted for building permits. 11. That prior to comm°ncement of the business approved by this conditional use permit, a valid business license shall be obtained from the Business License Division of the City Finance Depariment. 12. That no freestanding sign(s) shall be permitted. 13. That any ro~f-mounted equipment shall be subject to Anaheim Municipal Code Section 18.84.062.032 pertaining to the "SC" Scenic Corridor Zone Overlay. Such information shall be specifically shown on the plans submitted for building permits. 14. That a minimum of five (5) trees shall be plante~l in the landscaped setback adjacent to La Palma Avenue and a minimum of three (3) trees shail be planted in the parking lot area in compliance with Code requirements. All required trees shall be minimum fifteen (15) gallons in size and shall be irrigated, maintained and replaced in the eve~t any tree dies or becomes diseased. The required trees shall be specified on plans submitted for building permits. 15. That awnings sh~ll not be used ~tor advertising. jg fih~t ~~~~p~rai ac,cess ~»d ~~Ykfng agreement, approved by the City Traffic and Transportation M~t~~uger atid'tY~~ city A4tomey as ~o form and content, shall be maintained between this propeRy aR~g~{ryo ~`dja~;;enc! commeFcial ~nter. A copy of that agreement shail be submitted to the Zoning p~yisidfl_ ~~, 7hat runaQ -end~ea~~ing pl~~~~ stian be submitted to the Zoning Division for review and approval. ~g i~~ ;~;b~~t ~q9~t~rty ~h~ll be developed substantially in accordance with ptans and spa,~,,,,cation~s subrtiullea ~b the City of Anaheim by the petitioner and which plans are on file with fj~e ~1'&M~~m~`-Pe~ttrrlent marked Revision No. 1 of Exhibit No. 1, Exhibit Nos. 2 through 7, and 'Exlhib~t R~aa. da, 8b, ~c and 8d, and as conditioned herein. -4- PC97-177 ; ~ ~9. That prior to issuance of a building permit or within a period of two (2) years from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 6, 7, 8, 9, 10, 13, 14, 16 and 17, above-mentioned, shall be complied with. Extensions for funher time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipsl Code. 2p, That prior to final building and zoninc~ inspections, Condition Nos. 11 and 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 appticant's compliance with each and all of the conditions hereinabove set foAh. Should any such condition, or any part thereof, be declared invalid or unenforceable by the finai judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOIPJG RESOLUTION was adopted at the Planning Commission meeting of December 22, 1997. ~~ ~ . - J _. S ' - ~c -E- c~~ ~, s ~ . CHAIRMAN ANAHEIM CIT PLANNING COMMISSION ATTEST: ~ SECRETARY, AHEIM CITY PLAPJNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby cenify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on ~ecember 22, 1997, by the following vote oi the members thereoi: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERA7A NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MAYER IN WITNESS WHEREOF, I have hereu~nto set my hand this 0~.,,.~ day of , 1998. , ~ ~ SE RET Y, ANAHEIM CITY PLANNING COMMISSION -5- PC97-177