Resolution-PC 99-50RESOLUTION NO. PC99-50
A RESOLUTION OF THE ANAHEIM CIN PLF~NNlNG COMMISSION
THAT PETITION FOR CONDITIONAL USE PERh1iT NO. 4107 BE GRANTED FOR 5 YEARS
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditionai Use Permit for certain real property situated in the City of An2heim, County of Orange, State
of California, described as:
PARCELS 1 TO 9 INCLUSIVE OF PARCEL MAP NO. 92-260, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE F CALIFORN~/~, AS PEF2 MAP
FILED IN BOOK 279, PAGES 21 TO 24 OF PARCEL MAPS, IN 7HE OFFICE
OF THE COUNTY RECORDER OF SAIQ COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 15, 1999 at 1:30 p.m., notice of said public hearing having been duly given
as required by law rand 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 in connection therewith; and
WHEREAS, said Commission, after due inspection, investigatior 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 foilowing facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.300 to construct a walk-up and drive-through fast food
restaurant with outdoor seating within an existing commercial retail center.
2. That the proposed restaurant, as conditioned, will not adversely affect the adjaining land
uses nor be detrimental to the peace, health, safety and general welfare of the citizens of Anaheim.
3. That the size and shape of this site is adequate to allow full development of the proposed
restaurant in a manner not detrimental to the particular are, nor to the peace, health, safety, and general
welfare because the size of the proposed building is comparable to the size of the existing kfosk which will
be demolished and the number of drive-through lanes will be decreased from two to one.
4. That the traffic generated by the proposed use will not impose an undue burden on the
streete, and highways because this restaurant is designed to serve the customers of the existing shopping
center in which it is located, the surrounding neighborhood, and vehicles already traveling in the vicinity.
5. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a walk-up and drive-through fast food
restaurant wilh outdoor seating within an existing commercial retail center on property consisting 18.6
acres, located at the southeast corner of Kateila Avenue and Euclid Street, having frontages of 1,350 feet
on the south side of Katella Avenue and 600 feet on the east side of Euclid Street, and further described
as 1618 West Katella Avenue (Euclid 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 lhe e~vironment.
CR3573MS.DOC -1- PC99-50
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby yrant subject Petition for Conditional Use Permit, upon the foliowing consiitions which are
hereby found to be a necessary prerequisite to the proposed use of lhe subject property in order to
preserve the safety and general welfare of lhe Citizens of the City of Anaheim:
1. That this conditional use permit is granted for a period of five (5) years, to terminate on March 15,
2004.
2. That the legal owner ~f this property shall provide the City of Anaheim with a public utilities
easement to be determined as the electrical design is comoleted. Said easement shall be
submitted to the Elactrical Division of the Public Utilif.ies Department.
3. That any required relocalion of City electricai facilities shall be at the developer s expense.
4. That landscaped planters shail be constructed and maintained as shown on approvad Exhibit No. 2.
At Ieast four (4), minimum twenty four inch (24") box sized, trees shall be planted in these olanters.
All trees and other landscaping materials shall be irrigated, maintained and replaced in thE~ event
any tree or landscape material becomes dead or diseased. Said information shall be showr, on the
plans submitted for building permits.
5. That signs for the subject business shall ba limited to that which is shown on the exhibits sutmitted
t+y the petitioner and approved by the Planning Commission. Any additional signs shall be subject
to approval by the Planning Commission as a"Reports and Recommendations" item.
6. That no freestanding or roof-mounted signs shall be permitted.
7. That no signs shall be permitted on the awnings located on the north and south b~silding elevations
nor on the umbrellas in the outdoor seating area. That the awnings and umbrellas shall be
maintained in good repair at all times.
S. That no window signs shall be permitted with the exception of one (1) menu board each at the walk-
up and drive-through windows.
9. That no-roof mounted balloons or other inflatable devices shall be permitted.
10. That no telephones shall be located outside the building.
11. That there shall be na sale of beer, wine or otl~er alcoholic beverages of any kind on the premises,
unless a conditional use permit is approved authorizing such use.
12. That no video, electronic or other amusement devices or games shail be permitted.
13. That an unsubordinated agreement shall be recorded with the Office of the Orange County
Recorder agreeing to remove the restaurant structure in the event that the restaurant is closed for a
period of twelve (12) consecutive months and no other business operates at this location. A copy of
the recorded agreement shall be submitted to the Zoning Division.
14. That all air conditioning facilities and other roof and ground mounted equipment shall be properly
shielded from view. Such information shall be specifically shown on the plans submitted for building
permits.
15. That the proposed structure shall comply with the minimum standards of the City of Anaheim,
including the Uniform Building, Plumbing; Electrical, Mechanical and Fire Codes as adopted by the
City of Anaheim. Such information shall be specifically shown on the plans submitted for building
permits.
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16. That all plumbing o,- other similar pipes and fixtures located on the exterior of the building shail be
tully screened by architectural devices and/or appropriate building materials; and, further, such
information shall be specifically shown on the plans submitted for building permits.
17. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, reinoval of trash or debris, and removal of gra~ti within twenty four (24)
hours from time of occurrence.
18. That plans shall be submitted to the City Traffic 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.
19. That trash storage area(s) shall be provided and maintained in location(s) acr,eptable to the Public
Works D2partment, Streets and Sanitation Division, and in accordance with approved plans on file
with said 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 opporlunities by the use of plants such as minimum one (1) gallon sized
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.
20. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
21. That an on-site trash truck turn-around area shall be provided in compliance with Engineering
Standard Detail No. 810 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shatl be specifically shown on plans submitted for building permits.
22. That prior to commencing operation of this business, a valid business license shall be obtained from
the Busines~ License Division of the City Finance Department.
23. That the owner of subject property shall submit a letter requesting termination of Conditional Use
Permit No. 921 (to permit a plant nursery at 1660 West Katella Avenue), Conditional Use Permit No.
1021 (to permit on premises sales and consumption of liquor in conjunction with a proposed
restaurant), Conditional Use Permit No. 1139 (to establish an outdoor plant nursery in conjunction
with a hardware store with waivers of maximum sign height and required 6-fooi wall enclosing the
outdoor storage area at 1616 West Katella Avenue), Conditional Use Permit Ro. 1990 (to permit on-
premises sales and consumption of beer and wine in a proposed restaurant at 1646 West Katella
Avenue), Conditional Use Permit No 3741 (tu permit an automotive vehicie alarm and stereo sales
and installation facility at ~696 West Katelta Avenue), and Variance No. 4268 (to waive the
minimum number of parking spaces in conjunction with a restaurant at 1682 West Katella Avenue)
to the Zoning Division.
24. That three (3) foot hiah address numbers shall be displayed on the roof in a contrasting co~or to the
roof material. The numbers shall not be visible from the view of the streets or adjacent properties.
25. That the outdoor seating area shall be limited to four (4) tables and eight (8) seats and that the
wood fence around the outdoar seating area shall be painted a color compatible with the building.
26. That the developer shall pay the sewer capacity mitigation fee for the remaining central area. The
fee is currently one hundred twenty dollars and twenty one cents ($120.21) per one thousand
(1,000) square feet.
27. That the developer shall submit a Water Quality Management Plan (WQMP) for the entire shopping
center specifically identifying the best mana~ement practices that will be used on site to control
predictable pollutants from stormwater runoff. The WQMP shall be submitted to the Public Works
Department, Development Services Division, for review and approval.
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28. That subject property shali be deveioped substantially in accordanc,~ with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Pfanning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
29. That 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, 4, 13, 14, 15, 16, 18, 15, 20, 21, 23, 26 and 27,
atove-mentioned, shall be complied with. Extensions for further time to cornplete said conditions
may be granted in accordance with Section 18.03.090 of the Anaheim Municipa! Code.
30. That prior to the commencement of the activity or prior to final building and zening inspections,
whichever occurs first, Condition Nos. 5, 22, 24 and 28, above-mentioned, shail be complied with.
31. That approval of this application constitutes approval of the proposed request only to tt;e extent that
it complies with the Anaheim Municipai Zoning Code and any other applicable Ciry, State and
Federal regulations. Approval does not incl~de any action or findings as to compiiance o~ approva(
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 applicanPs complia~ice
with each and all of the canditions hereinabove set forth. Should any such condition, or any part thereuf,
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 a opted at the Pla.nin~ Commission meeting of
March 15, 1999. . ~
~~1,~%/,,i
CHAIRPERS`QN, ANRI4EIM CITY PLANNING COMMISSION
ATTEST:
lyta_~a~ ~'e~ ~
SECRETARY, ANA EIh1 Cll'Y PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Pianning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anahefm City Planning
Commission held on March 15, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: 80STWICK, BOYDS7UN, BRISTOL, ESPING, KOOS, NAPOLES
NOeS: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLIAMS
IN WITNESS WHEREOF, I have hereunto set my hand this ~~~' day of
, 1999.
SECRETARY, ,~NA~EIM CITY PLANNING COMMISSION
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