95-163 RESOLUTION NO. 95R-163
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3774.
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 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:
PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS'SHOWN ON A MAP
RECORDED IN BOOK 45, PAGE 13, OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; 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. PC95-76 granting
Conditional Use Permit No. 3774, in part; 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. 3774 be, and the same is hereby,
granted permitting a fast food restaurant with a drive-through
lane on the hereinabove described real property subject to the
following conditions:
1. That any freestanding sign on subject property shall be
a monument-type not exceeding eight (8) feet in height nor one
hundred (100) sq.ft. in size; that said sign shall be subject to
the prior review and approval of the Planning Department and of
the City Traffic and Transportation Manager to determine adequate
lines-of-sight.
2. That final site, landscaping and fencing plans shall be
submitted to the Zoning Division for review and approval by the
Planning Commission as a "Reports and Recommendations" item.
Said final plans shall include:
(a) The design of the proposed block wall along the
south and west property lines (adjacent to the
motel);
(b) The precise location of the ordering speaker board
(which is oriented away from the motel);
(c) The approved location of the trash enclosure (as
required by Condition No. 9(i) herein); and
(d) The approved on-site vehicle circulation (as
required by Condition No. 10 herein).
3. 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.
4. (a) That the most westerly driveway on Katella Avenue
shall be removed and replaced with curb, gutter
and sidewalk in accordance with City standards;
and
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(b) That the most easterly driveway shall be
reconstructed to accommodate ten (10) foot radius
curb returns in conformance with Engineering
Department Standards.
5. That the owner of subject property shall submit a
letter requesting termination of Conditional Use Permit No. 1370
(permitting a fully enclosed restaurant) to the Zoning Division.
6. That the developer shall submit a water quality
management plan (WQMP) specifically identifying the best
management practices that will be used on site to control
predictable pollutants from stormwater runoff. The WQMP shall be
submitted to the Public Works Engineering Department, Development
Services Division, for review and approval.
7. That prior to commencement of the activity authorized
under this resolution, or prior to the time that a building
permit is issued, or within a period of ninety (90) days from the
date of this resolution, whichever occurs first, the legal
owner(s) of subject property shall execute and record an
unsubordinated covenant in a form approved by the City Attorney's
Office wherein such owner(s) agree not to contest the formation
of any assessment district(s) which may hereafter be formed
pursuant to the provisions of Development Agreement No. 83-01
between the City of Anaheim and Anaheim Stadium Associates, which
district(s) could include such legal property owner's property.
A copy of the recorded covenant shall then be submitted to the
Zoning Division.
8. That pursuant to Chapters 17.30 and 17.31 of the
Anaheim Municipal Code, development fees for the Anaheim Stadium
Business Center shall be paid to the City of Anaheim in an amount
as determined by City Council Resolution.
9. 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 Revision No. 2 of Exhibit No. 1, and
Revision No. 1 of Exhibit Nos. 2 and 3; provided, however, that
(i) the trash enclosure shall be relocated to provide adequate
vehicular access as required by the Streets and Sanitation
Division of the Public Works Department and (ii) development of
the property shall comply with all applicable Zoning Code
standards.
10. That the final on-site vehicle circulation and parking
plan, including the drivethrough lane, shall be submitted to the
City Traffic and Transportation Manager for his review and
approval (and that said information shall be shown on the final
plans submitted to the Planning Commission for review and
approval under Condition No. 2 herein).
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11. 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, 3, 5, 6, 7, 8 and 10,
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.
12. That prior to final building and zoning inspections,
Condition Nos. 4 and 9, above-mentioned, shall be complied with.
13. 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.
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 12th day of September,
1995.
MAYOR OF THE CITY OF A~EIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
13851.1\Jt4HITE\September 15, 1995 - 4 -
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. 95R-163 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 12th day of September, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
ABSTAINED: MAYOR/COUNCIL: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-163 on
the 12th day of September, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 12th day of September, 1995.
CITY CLERK OF THE 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. 95R-163 was duly passed and adopted by the City Council of the City of Anaheim on
September 12th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM