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96-029 RESOLUTION NO. 96R-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3776. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a 3,075 sq.ft. drive-through restaurant with an outdoor patio area upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: LOT 50 OF ORIGINAL TOWN LOTS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AND SHOWN ON THE MAP OF THE TOWN OF ANAHEIM, IN BOOK 4, PAGES 629 AND 630 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPT THE WESTERLY 60.00 FEET THEREOF. PARCEL 2: LOT 54 OF ORIGINAL TOWN LOTS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AND SHOWN ON THE MAP OF THE TOWN OF ANAHEIM, IN BOOK 4, PAGES 629 AND 630 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPT THE SOUTHERLY 150.00 FEET THEREOF. PARCEL 3: TOWN LOT 49, IN THE CITY OF AHAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. 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 1 after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC95-131 granting Conditional Use Permit No. 3776; 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3776 be, and the same is hereby, granted permitting 3,075 sq.ft. drive-through restaurant with an outdoor patio area on the hereinabove described real property, subject to the following conditions: 1. That final precise plans, floor plans, landscaping plans and sign plans shall be submitted to the Redevelopment Commission for review and approval. Said plans shall also be submitted as a "Reports and Recommendations" item to the Planning Commission for review and approval. The plans 2 shall indicate all building materials, color, and texture of all exterior surfaces including glass, mullions, stucco and roof, and shall incorporate the following modifications: (a) The sign recesses in the building facia shall be eliminated. (b) Roof, signage and building colors shall be compatible with the colors of the Koll Anaheim Center office buildings. © All signage shall be high quality. If any internally lighted "can" signs are proposed, such signage shall consist of individually routed letters similar to those used in the Koll Anaheim Center retail store fronts. (d) The only signage on the site shall be either one (1) maximum four (4) foot high monument sign located near the intersection or two (2) wall signs (one [1] facing ~ each street) not exceeding twenty five (25) square feet each. Such signage shall display only the name of the tenant and/or the business logo. (e) All on-site landscaping shall be in conformance and compatible with landscaping in the downtown area. (f) To the extent practical, the recently installed landscaping on the perimeter of the site shall be retained. (g) Trash enclosures shall be landscaped. 2. That there shall be no public pay telephones permitted on any exterior portion of the property. 3. That a fee in the amount of two hundred eight five dollars ($285) per one thousand (1,000) square feet of building area ~' shall be paid to the City of Anaheim for sewer capacity mitigation. 4. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Department of Maintenance for review and approval. 5. 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, 3 and 4, except that no drive-through service shall be permitted and except as otherwise modified in accordance with Condition No. 1, above, and also except as further modifications may be approved by the Redevelopment 3 Commission and/or the Planning Commission. 6. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit Nos. 930 (permitting a carwash in conjunction with an existing service station), 1479 (permitting the continued use of an existing billboard with waiver, 1541 (permitting the continued use of an existing billboard with waiver and 1693 (permitting the continued use of an existing billboard with waivers to the Zoning Division. 7. That this Conditional Use Permit is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 94-95-09, now pending. 8. That the hours of operation shall be submitted to the Planning Commission for review and approval as a "Report and Recommendation" item. 9. That the furniture for the outside dining area shall consist of individual, moveable tables and chairs, not fixed modular furniture. No advertising shall be placed on any outdoor furniture. 10. That the outdoor dining area as well as the parking lot and public areas adjacent to the site shall be continuously monitored to ensure litter control. 11. That window signs shall be specifically prohibited. 12. That no flags, banners or pennants used for advertising or promotional purposes shall be permitted to be displayed outside the building with the exception of one banner on the face of building facing each street. Such banners shall not exceed ten (10) square feet and shall not be displayed following issuance of a Special Event Permit by the Zoning Division. 13. That table service shall be provided within the restaurant as well as in the patio area. 14. That the restaurant square footage shall be a minimum of 3,000 square feet. 15. That pedestrian circulation shall permit patrons to access the restaurant without having to cross the "drive-through" lane. 16. That the drive-through window and staging area for the drive-through as well as any exterior "menu" shall not face either Anaheim Boulevard or Broadway. 17. That is access to the outdoor dining area is not solely through the interior of the restaurant, it shall be the responsibility of the restaurant owner/manager to prevent loitering of non-customers in the outdoor dining area. 18. 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. 1, 3, 4, 6 and 7, 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. 19. That prior to final building and zoning inspections, Condition Nos. 5, 6 and 11, above-mentioned, shall be complied with. 20. 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. 21. That any decision of the Planning Commission required or permitted under this Conditional Use Permit shall be subject to review by, or appeal to, the City Council in accordance with the procedures otherwise set forth in Section 18.03.080 through 18.03.084 of the Anaheim Municipal Code. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 5th day of March, 1996 MAYORthO F~THE CiTY~~O ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM 0018172.01 5 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. 96R-29 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of March, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Feldhaus, Daly NOES: MAYOR/COUNCIL: Zemel, Lopez ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-29 on the 5th day of March, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of March, 1996. Y 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. 96R-29 was duly passed and adopted by the City Council of the City of Anaheim on this March 5th, 1996. CITY CLERK OF THE CITY OF AN~~AHEI