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99-168RESOLUTION N0. 99R-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT N0. 4119. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL A-l: PARCEL 5 OF PARCEL MAP NO. 870-446, AS SHOWN ON A MAP FILED IN BOOK 253, PAGES 41, 42 AND 43 OF PARCEL MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL B: PARCEL 1 OF PARCEL MAP NO. 90-387, AS SHOWN ON A MAP IN BOOK 263, PAGES 26, 27 AND 28 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL C: PARCEL 2 OF PARCEL MAP NO. 90-387, AS SHOWN ON A MAP FILED IN BOOK 263, PAGES 26, 27 AND 28 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL D: PARCEL 6 OF PARCEL MAP N0. 87-446, AS SHOWN ON A MAP FILED IN BOOK 253, PAGES 41, 42 AND 43 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER 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. PC99-103 approving Conditional Use Permit No. 4119; and 1 WHEREAS, thereafter, the Planning Commission, on its own motion, requested review of its decision by the City Council; and WHEREAS, upon receipt of said request for review, the City Council did fix the 27nd day of July, 1999, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on said Conditional Use Permit and did give notice thereof in the manner and as provided by law; 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 consi- deration 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 Sections 18.73.020-18.73.100 of the Anaheim Municipal Code and Section VI.C.l(b) of the PacifiCenter Specific Plan No. 88-3, as amended, to permit a drive-through fast food restaurant. 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, as conditioned herein and integrated into the final site plan, 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, based upon the traffic study submitted by the petitioner which reviewed and approved by the City Traffic Engineer. 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. 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 4119 be, and the same is hereby, granted permitting a drive-through fast food restaurant on the hereinabove described real property, subject to the following conditions: 1. That an automatic fire sprinkler system shall be designed, installed and maintained as required by the Fire Department. 2. That a fire truck turn-around shall be provided as required by the Fire Department in conformance with Fire Department specifications and requirements. The turn-around shall be shown on the project site plan which is submitted to the Building Division for building permits. The turn-around shall be permanently marked and maintained to the satisfaction of the Fire Department. 3. That a fire alarm system shall be designed, installed and maintained as required by the Fire Department. 4. That the owner of subject property shall be responsible for the removal of any on-site graffiti within twenty four (24) hours of its application. 5. That a plan showing the specific configuration of the drive-through lane shall be submitted to the City Traffic and Transportation Manager for review and approval. 6. 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. 7. That an on-site trash truck turn-around area shall be provided in compliance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 8. That unless determined unnecessary by the Public Works Department, Streets and Sanitation Division, trash storage area(s) for exclusive use by the food service uses shall be provided and maintained in location(s) 3 acceptable to said department, 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 and arterial highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials 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. 9. That if outdoor seating and/or a dining area is proposed for this drive-through restaurant, plans specifying location, seating capacity and such other information as may be required by the Planning Department to adequately describe the proposal shall be submitted to the Planning Commission for review and approval as a "Reports and Recommendations" item. 10. That signage for the drive-through restaurant shall be limited to that which is shown in an approved Sign Program for the PacifiCenter Specific Plan or as otherwise approved by the Planning Commission and/or the City Council. No flags, banners, window signs or any other temporary advertising devices shall be permitted except for special event permits issued for "grand opening" types of events (maximum thirty six (36) days annually). All permanent signs shall be shown on plans submitted for building permits. 11. That activities associated with the drive-through lane, including vehicles waiting in the drive-through lane and the service window(s) shall be screened from Tustin Avenue and La Palma Avenue with a minimum three (3) foot high masonry wall located on top of a minimum three (3) foot high landscaped earthen berm. The screening masonry wall shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said screening shall be shown on plans submitted for building permits. Prior to any occupancy of the drive- through restaurant, Zoning Division staff shall inspect the landscaped screening masonry wall and earthen berm to verify that vehicles and the service window are adequately screened from Tustin Avenue and La Palma Avenue. 4 12. That roof-mounted equipment shall be screened from the public's view. Such screening shall be shown on plans submitted for building permits. 13. That the property owner/developer shall be responsible for compliance with all appropriate mitigation measures within the assigned time frames and for any direct costs associated with the approved Mitigation Monitoring Program No. 29 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 14. That this conditional use permit is granted subject to adoption of an ordinance in connection with Amendment No. 3 of the PacifiCenter Specific Plan, now pending. 15. That 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 and 3, and as conditioned herein. 16. That prior to 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, 5, 6, 7, 8, 10, 11, 12 and 14, above- 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. 15. That prior to final building and zoning inspections, Condition Nos. 1, 3, 11 and 15, above-mentioned, shall be complied with. 18. That approval of this application constitutes approval of the proposed drive-through restaurant 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 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 5 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of July, 1999. YOR OF TH CITY OF ANAHEIM ~'o TEI~ ATTEST: CITY CL RK OF THE CITY OF ANAHEIM 31849.1\smann 6 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 99R-168 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 27th day of July 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS NOES: MAYOR/COUNCIL MEMBERS ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly None None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R- 168 on the 27th day ofJuly, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 27th day ofJuly, 1999. ///- ~'!' CITY CLERK OF THE ITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-168 was duly passed and adopted by the City Council of the City of Anaheim on July 27th, 1999. CITY CLERK OF TH CITY OF ANAHEIM