99-060RESOLUTION N0. 99R-60
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT N0. 4095.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a new fast food restaurant with a drive-through lane upon
certain real property located within the City of Anaheim, County of
Orange, State of California, legally described as:
THE SOUTHERLY 12 FEET OF LOT 1 OF TRACT N0.
5302, AS SHOWN ON A MAP RECORDED IN BOOK 195,
PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC99-23 granting Conditional
Use Permit No. 4095; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. 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 be located.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. The traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed and improved
to carry the traffic in the area.
5. The granting of the 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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity; and
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity; and
WHEREAS, the City Council does further find and determine
with regard to the proposed waiver of certain off-street parking
requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions imposed
will not be detrimental to the peace, health, safety or general
welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that Conditional Use Permit No. 4095 be, and the
same is hereby, granted permitting a new fast food restaurant with
a drive-through lane on the hereinabove described real property
with a waiver of the following provisions of the Anaheim Municipal
Code:
Section.18.06.070.020 - Minimum drive-through lane
requirements.(minimum 160-foot
length required; 150 feet proposed)
Sections 18.44.068.021 - Permitted encroachment into setback
area. (Maximum 3 foot high fence
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and 18.44.068.021 - adjacent to Acama Street permitted;
6-foot high block wall proposed)
subject to the following conditions:
1. That any tree or other landscaping planted on-site shall be
replaced in a timely manner in 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 to
the Zoning Division for the review and approval by the Planning
Commission as a "Reports and Recommendations" 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 walls
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 review 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
shall be permitted on the awnings.
5. Deleted.
6. That the existing six (6) foot high chain link fence along
the north property line shall be removed and replaced with a six
(6) foot high block wall or wrought iron fence. If the removal of
the 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., landscape
screening, color of walls, materials, identifiers, access points,
etc.) and shall be subject to the review and approval of the
appropriate City departments.
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8. That the property owner shall submit a letter requesting
termination of Conditional Use Permit No. 3469 (to permit a drive-
through lane addition to an existing fast food restaurant) and
Conditional Use Permit No. 1009 (to permit a drive-through
restaurant with waiver of permitted location of a freestanding
sign) to the Zoning Division.
9. That the noise levels generated by the ordering device shall
not exceed sixty (60) decibels as measured at the property line of
adjacent residential properties. The ordering device shall be
equipped 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 Adjustment
shall be approved by the City Engineer and recorded in the Office
of the Orange County 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 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.
15. That trash storage areas shall be provided and maintained in
a location acceptable to the Streets and Sanitation Division and in
accordance with approved plans on file 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 plant 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.
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16. That plans shall be submitted to the City Traffic and
Transportation Manager for review and approval 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 reviewed and approved
by the City Traffic and Transportation Manager.
18. That the parking lot serving the premises shall be equipped
with lighting of sufficient power to illuminate and make easily
discernible the appearance and conduct of all persons on or about
the parking lot. Said lighting shall be directed, positioned and
shielded in such a manner so as not to unreasonably illuminate the
window areas of adjacent 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 operation 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 shall be subject to the
requirements of Anaheim Municipal Code Section. 18.49.030.120
pertaining to the CL (Commercial, Limited) Zone. Said information
shall be specifically 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 shall 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 affixed 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
properties.
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28. That the 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, 2, 3, 4, 5 and 6, 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, 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 occurs first, Condition Nos. 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 include any action or
findings as to compliance or approval of the request regarding any
other applicable ordinance, regulation or requirement.
32. That the legal property owner shall release and relinquish
vehicular access rights to Acama Street and Clifford Avenue to the
City of Anaheim. The applicant shall make the submittal to the
Public Works Department, Development Services Division.
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 all times,
except when being used for maintenance of the landscaping which is
required on that portion of the property.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, 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.
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THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 23rd day of March, 1999.
MA OR OF THE CITY OF A HEIM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
30046.1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-60 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 23rd day of March, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-60 on the 23rd day of March, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 23rd day of March, 1999.
CITY CLERK OF HE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-60 was duly passed and adopted by the City Council of the City
of Anaheim on March 23rd, 1999.
~~~-~,a-n.~L~~~ _
CITY CLERK OF THE CITY OF ANAHEIM