Resolution-PC 99-23RESOLUTION NO. PC99-23
A RESOLUT!ON OF THE ANAHEIM CITY PLAMNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4095 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
~alifornia, described as:
PARCcL 1, AS SHOWN ON THAT CERI`AIN LOT LINE ADJUSTMENT PLAT NO.
127, RECORDED AUGUST 6, 1984, AS INSTRUMENT NO. 84-325388 OF OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA.
THE SOUTHERLY 12 FEET OF LOT 1 OF TRACT NO. 5302, AS SHOWN ON A MAP
RECORDEG iN BOOK 195, PAGES 30 AND 31 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planni~g Commission did hold a public hearing at the Civic Center ~n the
City of Anaheim on February 1, 1999 at 1:30 p.m., notice of said public hearing having been duly yiven as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear
and consider evidence for and against said proposed conditional use permit and to investigate and make
findings and recommendations ira 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 proposed use is properiy one for which a ~onditional use permit is authorized by
Anaheim Municipal Code Section No. 18.44.050.300 to construct a new fast food restaurant with a drive-through
lane with waivers of the following:
(a) Section.18.06.070.020 - Minimum drive-throuah lane repuirements.
(minimum 160-foot length required; 150 feet proposed)
(b) Sections 18.44.068.021 - Permitted encroachment into setback area.
and 18.44.068.02.1 (Maximum 3 foot hiah fence adjacent to Acama Street permitted; 6-foot
hiqh block wall proposed)
2. That th~re are special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity.
3. That strict application of the Zoning Code deprives the property of privi~eges enjoyed by other
properties under identical zoning classification in the vicinity.
4. That the proposed use is properly one for which a conditional use permit is authorized by •'.he
Zoning Code,
5. That the requested drive-through restaurant is compatible with adjoining commercial
developments and will not adversely affect the adjoining residential land uses and the growth and development
of the area in which it is proposed to be located.
6. That the size and shape of the site for the proposed use is adequate to allow the full
deveiopment of the proposed use in a manner not detrimentai to the particular area nor to the peace, health,
safety and general welfare.
7. That the traffic generated by the proposed use will not impose an undue burden upon the streets
and highways designed and improved tc carry the tra~c in the area.
CR3551PK.DOC -1- PC99-23
Rev(sed 2/24199
8. That granting of this conditional use permit, under the conditions imposed, will not be cietrimental
to the peace, health, safety and general welfare c,` the citizens of the City of Anaheim.
9. That the property provides adequate ingress and egress from Harbor.Boulevard, adequate on-
site vehicular circulation, and adequate on-site parking for customers paUonizing this use, and is adequate to
allow the full development of this use in a manner which is not detrimentai to the area or general population.
10. That the site will contain an abundance of landscaping visible to both Harbor Boulevard and
Acacia Street, which will provide aesthetic improv2ment to the area.
11. That one person indicated their presence at said public hearing in opposition; 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 construct a new fast food restaurant with a drive-through lane with
waivers of minimum drive-through Iane requirements and permitted encroachment into setback area on a 0.60-
acre irregularly-shaped property having a frcntage of 132 feet on the east side of Harbor Boulevard, a maximum
depth 200 feet, and being located 480 feet north of the centerline of lh'ilken Way, and further described as 2144
South Harbor Boulevard (former Arb;'s Restaurant); 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 Deciaration together with any comments received during the pubiic 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 environ:nent.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional iJse Permit, upon the following cond~tions 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 any tree or other landscaping planted on-site shall be replaced in a timely manner i~ the event that it
is removed, damaged, diseased and/or dead.
2. That the final floor and lighting plans for this facility shall be subject to the review and approval of the
Community Service Division of the Anaheim Police Department.
3. That the petitioner shall submit final landscaping plans t? the Zoning Division for the review and approval
by the Planning Commissian as a"Repohs and Recomrnendations" item. The plans shall specify one (1)
minimum twenty four (24) inch box size tree for every twenty (20) linear feet of street frontage along
Harbor Boulevard, one (1) minimum twenty four (24) inch box size tree for every ten (10) linear feet along
Acama Street alternating on either side of the block wall, and minimum one (1) gallon sized vines planted
on a maximum three (3) foot centers along all block wails where visible to the street. The landscaping
plans shall also specify a bermed landscaped setback area adjacent to Harbor Boulevard.
4. That the petitioner shall submit final sign plans to the Zoning Division for the revieK~ and approval by the
Planning Commission as a"Reports and Recommendations" item. The plans shall specify that all wall
signs are below the top of the parapet, that the "drive through" directional sign shall be relocated outside
the planter adjacent to Harbor Boulevard, and that no signs shail be permitted on the awnings.
5. Recommended Condition No. 5 was deleted at the Planning Commission pu6lic hearing.
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6. That the existing six (6) foot high chain link fence along the north property line shall be remuvetl and
replaced with a six (6) foot high block wall or wrought iron fence. If the removal of tt~e chain link fence is
not within the control of the subject property owner, the required block wall or wrought iron fence shall be
constructed next to the chain link fence.
7. That the locations for future utility devices including, but not limited to, electrical transformers, water back-
flow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building
permits. Such plans shall also identify the specific treatment of each device (i.e., fandscape screening,
color of wails, materiais, identifiers, access points, etc.) and shail be subject to the review and approval of
the appropriate City departments.
8. That the property owner shall submit a letter requesting te; mination of Conditional Use Permit No. 3469 (to
permit a drive-through lane addition to an existing fast food restaurant) and Conditionai Use Permit No.
1004 (to permit a drive-through restaurant with waiver of permitted location of a freestanding sign) tn the
Zoning Division.
9. That the noise levels generated by the ordering device shall not exceed sixty (60) decibels as measured at
the property li~~~ of adjacent residential properties. The ordering device shall be ~•yuipped with volume
control.
10. That roof-mounted balloons and other inflatable devices shall not be permitted on this property
11. That the developer shall submit a Lot Line Adjustment to the Public Works Department, Development
Services Division, to merge the two (2) lots into one (1) parcel. The Lot Line Adjustmpnt shall be approved
by the City Engineer and recorded in the O~ce of the Orange Counry Recorder prior to issuance of a
building permit.
12. That 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.
13. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard
Detail No. 610 and shall be maintained to the satisfaction of the Streets and Sanitation Division. Said
turn-around area shall be specifically shown on plans submitted.for building permits.
14. That plans shali be submitted to the City Tra~c and Transportation 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.
15. That trash storage areas shall be provided and maintained in a location acceptable to the Streets ard
Sanitation Division and in accordance with approved plans on fiie with the Public Works 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 piant materials such as clinging vines, planted on maximum three (3) foot centers, or tall shrubbery.
Said information shall be specifically shown on the plans submitted for building permits.
16. That plans shall be submitted to the City Tra~c and 7ransportation Manager for review ard approvai
showing conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for the
sign or wall/fence location.
17. That the drive-through lane shall be revie~ved and approved by the City Tra~c and '~'ransportation
Manayer.
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18. That the parking lot serving the premises sh211 be equiH~ed with lighting of sufficient power to illuminate
and make easily discernible the ap-~arance and conc+uct ~~f all persons on or about the parking lot ~aid
li~hting shall be directed, positioned and shielded in such a manner so as not to unreasonabiy iliuminate
the window areas of adjar•ent properties. Said lighting information shall be specified on plans submitted
for building permits.
19. That the legal property owner shall provide the City of Anaheim with a public utility easement to be
determined as electrical design is completed. Said easement shall be submitted to the Electrical
Engineering Division of the Public Utilities Department.
20. That the applicant shall be responsible for maintaining the premises free of litter at all times.
21. That any public telephones proposed on-site shall be located inside the restaurant building only.
22. That prior to commencing eperation of this business, a valid business license shall be obtained from the
City of Anaheim Business License Division of the Finance Department.
23. That any roof-mounted equipment shal~ be subject to the requirements of Anaheim Municipal Code
Section. 18.44.030.120 pe~taining to the CL (Commerciai, Limited) Zone. Said information shall be
specifica~ly shown on the plans submitted for building permits.
24. That any necessary relocation of existing power facilities or street lights shall be at the expense of the
developer.
25. That no driveway shall be permitted on Acama Street and the driveway on Harbor Boulevard shail be
reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering
Department Standard No. 137.
26. That the existing freestanding pole sign shall be removed.
27. That three(3) foot high address numbers shall be a~xed to the roof in a contrasting color to the color of the
roof, and shall not to be visible to the public rights-of-way or adjacent praperties.
28. That the subject property shall be developed substantialiy in accordance with pl3ns and specifications
submitted to the City of Anaheim by lhe ~etitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2, 3, 4, 5 and 6, ss conditioned herein.
29. Th2t prior to the issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, 3, 4, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 23 and 32,
herein-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.
30. That prior to final building and zoning inspections or prior to the commencement of the activity authorized
by this resolution, whichever ~ccurs first, Condi:ion Nns. 6, 9, 22, 25, 26, 27, 28 and 33, herein-mentioned,
shall be complied with.
31. 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 inciude any action or findings as to compiiance or approvsl of the request
regarding any other appiicable ordinance, regulation or requirement.
32. That the legal property owner shall reiease and relinquish vehicular access rights to Acama Street and
Clifford Avenue to the City of Anaheim. The applicant shall make the submittai to the Public Works
Uepartment, Development Services Divisien.
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33. That a wrought iron pedestrian gate shall be provided on the southerly portion of the.east property line
where the water drainage flows. Said gate shall be kept locked at ali times, except when being used for
maintenance of the landscaping which is required on that portion of the property.
BE IT FURTHER RE80LVED 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 aIl
of the conditions hereinabove set forth. Shoufd any such condition, or any part thereof, be declared invalid or
unenforceable by the final judgmenE 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 February
1, 1999.
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CHAIR RSON PRO-TEMPO E,
ANAHEIM CITY PLANNWr ~OMMISSION
ATTEST:
i `~I~Z~E'~v '~t~~R~
SECRETARY, A AHEIM CITY PLANNING CQMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHE~M )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that
the forsgoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held
on February 1, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, ESPING, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIOiVERS: BRISTOL
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IN WITNESS WHEREOF, I have hereunto set my hand this day of ~ti ~
1999. •
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SECRETARY~ ANAHEIM CITY PLANNING C:OMMISSION
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