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Resolution-PC 2012-036RESOLUTION NO. PC2012 -036 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2012 -05596 AND VARIANCE NO. 2012 -04889 (DEV2012- 00009) (1134 NORTH STATE COLLEGE BOULEVARD) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012 -05596 and Variance No. 2012 -04889 to remodel an existing commercial building, add a drive through lane for a proposed coffee shop, and permit two additional retail tenants with fewer parking spaces than required by code, for that certain real property located at 1134 North State College Boulevard in the City of Anaheim, County of Orange, State Of California, as more particularly shown in Exhibit "A ", attached hereto and incorporated herein by this reference (the "subject property "); and WHEREAS, the 0.46 -acre property is developed with a 3,600 square foot vacant commercial building and is located in the C -G (General Commercial) Zone. The Anaheim General Plan designates this property for Medium Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 21, 2012 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", 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 1. The proposed retail center and drive through restaurant is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Commercial Retail Centers; Restaurants — Drive Through). 2. The drive through restaurant will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. The drive though lane will be located in close proximity to an existing apartment complex to the east; however, the applicant proposes to mitigate sound levels by locating the speaker box away from the apartment complex, constructing an 8 -foot high block wall, and installing landscaping between the two properties. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because this use will be located within an existing building of an established business area along a major arterial highway. 1 PC2012 -036 4. The traffic generated by the retail center and drive through restaurant 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 will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is similar to other commercial uses in the area and sound levels generated by the drive through lane will be reduced in order to minimize impacts on the adjacent residential property to the east. WHEREAS, the Planning Commission after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for the following variance, does find and determine the following facts: (a) SECTION NO. 18.42.040.010 Minimum number of parking spaces. (28 spaces required; 23 spaces proposed) (b) SECTION NO. 18.42.080.030 Minimum drive through lane setback. (DELETED) 1. The parking variance will not cause fewer off - street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles anticipated for the proposed use under the normal and reasonably foreseeable operation of such use as indicated in the May, 2012 parking study prepared by the applicant's consultant, Kimley Horn and Associates. 2. The parking variance will not increase the demand and competition for parking spaces upon the public streets, nor upon adjacent properties in the immediate vicinity, as indicated in the aforementioned parking study which concludes that the proposed 23 parking spaces are adequate to meet a maximum demand of 18 spaces for all of the uses combined. This is based upon a peak hour demand of 8 spaces for the coffee shop and 10 spaces for the two retail spaces, resulting in a surplus of 5 spaces. 3. The parking variance will not increase traffic congestion within the off - street parking areas provided for the proposed use. NOW, THEREFORE, BE IT RESOLVED, the Planning Commission has reviewed the proposal and does hereby find that the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012 -05596 and Variance No. 2012 - 04889, subject to the conditions of approval as stated in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for - 2 - PC2012 -036 compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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 condition, 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. BE IT FURTHER RESOLVED 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 applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 21, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Mu ' al Code pertaining to appeal procedures and may be replaced by a City Council Resolution ' - event of an appeal. PAI CHAIRMA , ANAHEI CI 'LANNING COMMISSION ATTEST: SENIORS RETARY, ANAHEIM CITY PLANNING COMMISSION _3 PC2012 -036 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on May 21, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FAESSEL, RAMIREZ IN WITNESS WHEREOF, 1 have hereunto set my hand this 21 day of May, 2012. L SENIOR SEC TARY, ANAHEIM CITY PLANNING COMMISSION - 4 PC2012 -036 =DT= "A' DEV NO. 2012-00009 1 I 1 ,APB! : 268-221-01 O u ,,,U r O E ROMNEYA DR ■ up r E BALSAM At E v vl 1— ca E BANYAN DR Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 5 - PC2012 -036 NO. CONDITIONS OF APPROV =.L REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT I A lot line adjustment shall be submitted to the Public Works Department, Development Services Division to merge Parcel 1, TM 3370 and remnant parcel into one parcel. Public Works 2 The property owner shall irrevocably offer to dedicate to the City of Anaheim a right -of -way comer cut -off at the intersection of State College Boulevard and Balsam Avenue for road and public utilities purposes. Public Works 3 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works 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. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one - gallon size clinging vines planted on maximum three -foot centers or tall shrubbery. Public Works, Planning PRIOR TO FINAL BUILDING AND ZONING INSPECTION 4 Fire lanes shall be posted with "No Parking Any Time ". Said information shall be specifically shown on plans submitted for building permits. Public Works, Fire 5 An eight foot high block wall shall be constructed along the east property line. Said information shall be shown on plans submitted for building permits. Planning 6 Upon approval of the Lot Line Adjustment by the City Surveyor, the Lot Line Adjustment shall be recorded, along with perfecting deed, in the office of the Orange County Recorder. Public Works GENERAL 7 The speaker box system for the drive through lane shall be designed with volume settings that produce not more than 60 decibels at the east property line. Said system shall also be designed such that the volume adjustment is controlled from inside the restaurant. Code Enforcement 8 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement EXI IHU J1 "13" CONDITIONAL USE PERMIT NO. 2012-05596 AND VARIANCE NO. 2012-04889 (DEV2012- 00009) - 6 - PC2012 -036 9 Granting of the parking variance is contingent upon operation of this facility in conformance with the assumptions and/or conclusions relating to the operation and intensity of the uses as described in the parking study dated May, 2012 prepared by Kimley Horn and Associates, which formed the basis for approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking letter, may subject this variance to termination pursuant to the provisions of Chapter 18.60 - Planning Procedures of the Anaheim Municipal Code. 10 The drive - through lane shall not be utilized between the hours of 10:00 p.m. and Code 5:00 a.m., daily. Enforcement 11 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Planning Plan), 2 (Floor Plan), 3 and 4 (Elevations), and 4 (Landscaping) and as conditioned herein. 7 - PC2012 -036