Resolution-PC 97-38~
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o~eni i~ION NO P~7~
A RFSOLUTION OF THE ANAHE~iv~ CITY PLANNING COMMISSION
THAT PEfITION FOR CONDITIONAL USE PERNhIT NO. 3914 BE GRANTED
WHEREAS, the Anaheim Ctry Plannfng Commission did rec:eive a ve Of Orant ei~Siate
Condftional Use Permft for ceRain real property sftuated in the vicy of Anaheim, Cour~tY 9.
of CalNomia, desc~ibed as:
THAT PORTION OF ALLOTMENTS IN DECREE OF PARTI'fION OF TliE RANCHO
CANON DE SANTA MlA, IN THE CITY OF ANAHEIM, RECORDED IN CASE NO.
1g78 OF THE 17TH JL~DICIAL DISTRICT COURT OF CALIFORNIA, A CERTIFIED
COPY OF WHICH WAS RECOPDED FEBRUARY 3, 1874 IN BOOK 28, PAGE i 58
OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY, CALIFORNIA, SHOWN AS 'PARCEL N0. 3, ON A PARCEL MAP FILED
ECORDER OF SAID 0 NGE COUNTyS~ IN THE OFFICE OF THE COUNTY
WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 17, 1997 at 1.30 P•m•. notice of said public hea~ing havin9 bee~ duly
gNen as requlred by 1aw and in accordance wfth the provisions af th s~ oe~~~o~~ °~~~ ~~~ a~ to
18.Oz, to hear and r,ons(der a~ridence for and against sald P°P~
investigate and rr~ake finciiir9s and reco nm' ~~ t~7 Plann ng Commission tmeetingsaand~ pu~ic hearing
was continued to the March 31 and AP ~ ~ ftself
WHEREAS, said Commission, after due inspecUan. irnesti tion and study made by
a~ ~~, ~S behaif, ar~ a(ter due consideration of all ev{dence and reports offered at said hearing, does flnd
and determine the fdlowin9 facts:
~, That the proposed use ~s properly one for whlch a conditional use permft ~s euth°ri~ed by
Anaheim Munlcipal Code Section 18.44.050.300 to Permn a ~~~0~ sq.ft. expansion of an existing drive-
through restaurant for an oucdoor playgrnund/dining area wfth 36 addicional seats arxi with waiver of the
following:
e tions 18.0~ ~-`~•~~~ - Minimum number of ~~ina sua~.Si~•
g~ 0~ (~ required; ~ proposed and concurred wfth by
~ the Ciry Traffic and Transportation Managerl
and 18•44 066•050
2, Thet the parkin8 waiver, under the condftions fmposed, beca~se according fo the
submitted park~ng study the overa~~ shopp~~g center, including the pro~osed Carl's Jr. expansfon, is
expected to operate at a peak parking demand-tasupply ratio of 6996 and~ therpfore, the proJect will not
cause fewer off-street parking spaces to be provided for such uses tY~an the number of spaces necessary
to accommodate afi vehiGes att~ibutable to such use under the normal arxi reasonably foreseeable
conditions of operation of such use;
3, That the waNer, under the condKions imposed, wifl not increase the de~ ~ u e
competition for park~ng spaces upon the pubUc streets ~~ ~~ b~e sub~ect~usefor anyrsur~roundin9
because the adjacent public rfght-of-way is not used tor Pa 9 y
uses;
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q, That the waNer, ur~er the condftions imposed, wil~ noi ~ncrease the demand and
competftion for pa~ki~9 sPaces upon adJacer~t pri~ate propertY in ths Ir^ ~tiiat= t''-inity of t,.e proposed
use because there is a exfsting parkfng a9reement Qn complia ine Center pa~cel wh~ h al~°ws fOh ~~OW
Code) between the Carl's Jr. parcel and the adjacent shopp 9
parking ~,vhen necessary~
5, That the waNer, under the condftions imposed~ wlll not increase trafflc conge~inn study,
the off-str~et parkln9 areas cr In'~ ^'^~~ for the use because, according to the submitted Pa k hours
up to oniy o"9. 96 of the park!n;, ~Pac~ ~(3~/~ Pa~ing space ratio) will be occupied during pea
and the park~ng lot will, therefore, not be fllled to capacnY~
g, That the waNer, under the conditions imposed~ wi~l nut impede vehicular ingress to or
egress fnm adjacent properties upon tha public streets in the immediate vicinity of the proposed uss
because the proJect ~rndves oniy a minor mod~ication to the parlcin9 lot and no chan9es to existing
drNeway entrances and lanes;
7. That the proposed use is prope~ty one for which a condftional use per!~n ~s authorized bY
the Zoning Code~
g. That the p~aPo~ ~~ W~~~ ~Oi e~e~y affect the adjoining larx; ~ ~ss a-~d the growth and
development of the area in which ft is proposed to be ~ocated~
g, ihat the size and shape of the sfte for the proposed u~~ 3 adeciuate to allow the fuil
cievelopment of the proposed ~se in a manner not deirimental to the ;: .'~' ~ular area nor to ihe peace,
heafth, safety and 9enera~ We~fare;
~p, :'hat the traffic generated by the proposed use will not ;rriposc an undue burden upon the
streets and hlghways designed and improved to carry the traHic in the area; will not be
11. Thzt the granting of the condftional use permn, u~der the condftions ImposA~heim; and
det~imenta~ to the Peace, hea~th, safety and 9enera~ We~~re of the cftizens of the Ciry
12, That faur peoWe ~~d~cated their presence at said pub~~c hea~in9 in opposft~a~~ ~nd t~t one
letter of correspondence was recoNed in opposftion to the subJect petition.
~AIJFORNIA EHVIRO~A~~~~~ ACT FINDING: Tlwt the Anaheim Ciry Planning
uare-foot expanslon of an ~cisting drNe-
Commtssion has reviewed the proposal to Permn the 1,109 sq
through restaurant tor an outdoor playground/dining area wfth 36 addftil~t~ a~he ^ort~east oimer of
number of parking spaces on an Irregula~ty-shaped 0.9 acre propercy
La palma Avenue and Imperia~ Highway wfth frontages of 150 teet on the north side of Imperial Highway
a~ ~,50 teet an the e3st skie of La Palma Avenue (57ot Eant ~i 9~~Veh9ed~a tion Refleats the
and does hereby approvE the Negative Declaration uPo tNe Deciaration together
independent jud9emeM of the lead a9ency and that ft has considered the Nega
wfth any commecomments~eceNed thatuhiereeis ops bstantial evide centihac~hehP~~l~ W~~~h~ve~a
study and any
signfficant eftect on the ernironment•
Ptannin Commission does
NOW. THEREFORE, BE IT ~iESOLVED that th~ethe fdl~owing con%tkios Which are hereby
hereby g~~Y s~bject Petftioe fou'Condo t e p oposed use of ~he subjeci proPer~Y in order t~ preserve the
four.d to be a necessarY P~
safety and general welfare of the Cittzens of the Ciry of Anaheim:
PC97-38
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1. That prior to issuance of a b~ildiny permit for the proposed play structure, plans shall be submitted
to the Pianning Commission for revisw and approval as a'Reports ar~d Recommendations" item
showing that the two ;2) level play structure does no4 exceed fourteen (14) feet in height and
matches the c;~lor and material of the existing restaurant building.
2. That plans shall be submftted to the Cfry 7raff!c and Transportation Manager for review and approval
showing conformance wfth the latest revisions of Engineering Standard Plan Nos. 436 and 602
percaining to parkin9 standards and driveway locatiuns. Subject properry shall thereu~on be
developed and maintained in cor~ormance wRh said plans.
3. That an on-sfte trash truck tum-around area shall be provided and malntained to the satisfaction of
the Public Works Department, Streets and Sanftation Divis(on. Said turnaround area shall be
specffically shown on plans submitted for buiiding permits.
4. That a plan sheet for sotk~ waste storage and collection and a pian for recycling shall be submftted
to the Department of Maintenance for rev(ew and approval.
5. That minimum fifteen (15) gallon sizecl, ten (10) foot high, palm trees shal~ ue planted, irrigated and
maintained in the planters adjacent to Imperial Highway (minimum seven [7] trees) and La Palma
Avenue (minimum twelve [12j trees).
6. That nu signs shall be permftte~ on the playground structure or table umbrellas.
7. That the granting of the parking waNer is contingent upon operation of the use in cor~formance wfth
the assumptions relating to 2he operation and intens'ity of use as contained in the parking demand
study that formed the basis for approval of said waNer. Exceeding, violating, intensifying or otharvvise
deviating from any of said assumptions, as contained in the parking demand study, shall be dee.med
a violation of the expressod conditions imposed upon said waiver which shall subject this conditiunal
~~e parmit to termination or modfficat(on pursuant to the provislons of Sections 1t3.03.09~ and
?8.03.092 of the Anaheim Municipal Code.
8. That any trce planted on-site shall be replaced in a tfineiy manner in the event that ft is removed,
dainaged~ diseased and/or dead.
9. That the propossl sh211 comply with all signing requirements of the CL (SC) (Commercial Limfted -
Scenic Co~idor O~~erfay) Zone unless a vat~anca allowing sign waivers is approved by the Planning
Cummission.
i0. That the developer shall submk a water qualfty management plan (WQMP) specffically identifying the
best management practices that will be used on sfte to coMrd pred(ctable r~ollutants from stormwater
runoff. The WQMP shall be submitted to the Pubiic Works/Englneering Department, Development
Servfc:es Divisiors, for review and approvaL
11. That subJect property shall be developed as conditloned 'nerein and substantfally in accordance wfth
~Ixns and specfficatidns submitted to the Ciry of Anaheim by the petitioner and which plans are on
file wfth the Planning Department marked Exhibit Nos.1 through 4.
i2. That prior to issuance of a building permit or wfthin a pertod of one (1) year from the date of this
resolution, whichever occurs first, Condftion Nos. 1, 2, 3, 4 and 10, above-mentioned, shali be
comp~lied witti. Extensions for further t(me to complete sa(d condftions may be 9ranteo in accordance
with Sectlon 18.03.090 of the Anaheim Municipal Code.
13. That prior to final buildiny and zoning inspections, co~dn~o~ r;os: 5 aiw 11, above-mentioned, shall
be complied wfth.
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14. Ttia3 approval of this applicatiar. constftutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, Stato and Federaf
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordi~ance, regulation or requirement.
15. That no delive~les shall take place beriveen 11:30 a.m. to 1:30 p.m. and between 4:30 p.m. to 8 p.m.
16. That a security guard shall be provkled from 8 p.m. to closing, ff deterrnined to be necessary by the
Anahefm Polfce Department, to discourage vandalism arxi/or loite~ing upon a: adjacent to the subJect
ProPertY•
17. That the existing reciproca! access and parking agreement shall be maintained beriveen this property
and the commercial shopping center property located to the north and east.
BE IT FURTHER RESOLVED that the Anaheim C'dy Planning CQmmission does hereby find
and determine'that adoption of this Resolut(on is expressly predicated upon applicanYs compli~nce with
each and all of the conditions hereinabove set forth. Should any such condftion, or any part tnereof, be
declared invatid ar uneMorceable by the ~nal Judgment of any court of competent jurisdictfon, then this
ResQlution, and ariy approvais herein contafned, shall be deemed null and void.
THE FOREGOING RESOLUTI~N was adopted at the Plan ng Commission meeting of
April 14, 1997. /~
/G~~ 1.1~.QJcs~-
CHAIRPERSON ANAHEIM TY PLANNING COMMISSION
ATTEST: ~
SECRETAR ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Sdorio, Secretary of the Anaheim City Planning Commission, do hereby certHy
that the foregoing resolut(on was passed and adopted at a meeting of the Anaheim Ciry °lannfng
Commission held on April 14, 1997, by the fdlowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMNAISSIONERS: NONE
lN WITNESS WHEREOF, I have hereunto set my hand this ~ day of J~_
1997. ^ U
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SECRETAR AhlI~HEIM CITY PLANNING COFAt~IIISSION
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..q_ PC97-38