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Resolution-PC 2013-031RESOLUTION NO. PC2013 -031 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 2 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2012 -05651 AND VARIANCE NO. 2012 -04918 (DEV2012- 00149) (3210 WEST LINCOLN AVENUE,) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition to approve Conditional Use Permit No. 2012 - 05651 to construct a new 3,642 square foot, fast food drive- through restaurant and Variance No. 2012 -04918 to provide a landscape setback less than required by the Anaheim Municipal Code (herein referred to as the "Code ") in the C -G (General Commercial) zone for that certain real property located at 3210 West Lincoln Avenue 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 "Property "); and WHEREAS, the Property, consisting of approximately .51 -acre, is currently a fast food drive- through restaurant proposed to be demolished in order to construct a new fast food drive - through restaurant. The Property is located in the C -G (General Commercial) zone. The Anaheim General Plan designates the Property for Low- 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 March 25, 2013, 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 Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consists of the replacement or reconstruction of existing commercial structures and where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replace, and that, therefore, pursuant to Section 15302 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, said 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 a conditional use permit, does find and determine the following facts: - I - PC2013 -031 1. The proposed request to demolish a McDonald's fast food drive- through restaurant and construct a new 3,642 square foot McDonald's fast food drive- through restaurant in the C -G (General Commercial) zone is properly one for which a conditional use permit is authorized by Section No. 18.08.030 (Primary Uses, Commercial. Zones) of the Anaheim Municipal Code. 2. The proposed conditional use permit for a fast food drive- through restaurant, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the site has been developed, used and operated with a fast food drive - through restaurant since approximately 1978 with no adverse affects to adjoining land uses. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed fast food drive - through restaurant in a manner not detrimental to the particular area or to the health and safety of the citizens of Anaheim because a new fast food drive - through restaurant replacing an existing fast food drive- through restaurant of comparable size will not impact the development of the area. 4. The traffic generated by the proposed fast food drive- through restaurant will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area and 37 parking spaces will be provided as required by Code. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be compatible with the surrounding area in the same manner as the existing fast food drive - through restaurant and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, said Planning Commission, does further find and determine that the request for a variance to provide landscape setbacks that are less than required by code in conjunction with the proposed fast food drive through restaurant should be approved for the following reasons: SECTION NO. 18.08.060.010 Minimum landscape setback (15 -foot wide minimum landscape setback required adjacent to an Arterial Highway); (8 feet, 11 inch wide setback proposed) 1. That there are special circumstances applicable to the Property, including the size, shape and location of this Property, which do not apply to other properties under identical zoning classification in the vicinity because the narrow width of the Property, following the dedication of seven feet of the Property for the widening Lincoln Avenue, restricts the ability to provide a full 15 -foot landscape setback without a significant reduction in - required parking and inadequate vehicular circulation. Providing a 15 -foot landscape setback would create a less desirable project because of inadequate on -site traffic circulation and further would require the need for a parking variance; -2- PC2013 -031 2. That, because of special circumstances shown above, strict application of the Code deprives the Property of privileges enjoyed by other properties under an identical zoning classification in the vicinity because abutting properties do not provide a 15 -foot landscape setback. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012 -05651 and Variance No. 2012- 04918, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the 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 Code. Timing for 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 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 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 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. -3- PC2013 -031 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 25, 2013. CHAIR, ANAHEIM OTYPI,AN NGJCOMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ss. CITY OF ANAHEIM 1, 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 March 25, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL,PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS; AGARWAL,LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 25 day of March 2013. SENIOR SEC TARP, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2013-031 EXHIBIT "A" DEV NO. 2012 -00149 APN: 135-302-15111 1 W TYLER AVE w 2 W POLK AVE ua H vs ua Z W LINCOLN AVE 295' W `cs cn `2 295' w z CC w F— W CABOT CSR V) w W DEL N40NTE DR F F � Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -5- PC2013 -031 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2012-05651 VARIANCE NO. 2012-04918 (DEV2012- 00149) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The legal property owner shall submit an application public Works for a Lot Line Adjustment to the Public Works Department, Department, Development Services Division to Development consolidate the 2 existing parcels into 1 parcel. The Services Lot Line Adjustment shall be submitted for approval. Division to the City Surveyor and then recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 2 The legal property owner shall submit an application public Works for a Subdivision Map Act Certificate of Compliance Department, to the Public Works Department, Development Development Services Division. A Certificate of Compliance shall Services be submitted for approval by the City Surveyor and Division then recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 3 Prior to issuance of a building permit, the property public Works owner shall irrevocably offer to dedicate to the City Department, of Anaheim an easement 60 -feet in width from the Development construction centerline (or 73 ft from the survey Services centerline) of Lincoln Avenue for road, public Division utilities and other public purposes. Corner cut -off dedication at Lincoln Avenue and Western Avenue is also re uired. 4 That prior to issuance of a building permit, the Public Works OWNER shall submit street improvement plans Department, including landscaping and irrigation plans to Public Development Works for all the work within the right -of -way of Services Lincoln Avenue and Western Avenue. A bond shall Division be posted in an amount approved by the City Engineer prior to issuance of a building permit in a form approved by the City Attorney to guarantee construction of the public right -of -way improvements. Parkway irrigation shall be connected to the on -site irrigation system and maintained by the property owner. 5 A Right of Way Construction Permit shall be Public Works obtained from the Public Works /Development Department, Services for all work performed in the right -of -way. Development Parkway landsca ing shall be constructed with the -6- PC2013 -031 -7- PC2013 -031 parkway irrigation connected to the on -site irrigation Services system and maintained by the property owner. The Division improvements shall be constructed prior to final building and zoning inspections. 6 Prior to approval of permits for improvement plans, Public the property owner /developer shall coordinate with Utilities, Electrical Engineering to establish electrical service Electrical requirements and submit electric system plans, Engineering electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 7 That prior to issuance of a building permit, the Public Works OWNER shall submit an application for an Department, encroachment license to Public Works for the sign Real Property encroachment within the right -of -way. The Services encroachment license shall be executed by the property owner, approved by the city and recorded prior to final building and zoning inspections. PRIOR TO FINAL BUILDING AND ZONING INSPECTION 8 Lincoln Ave: construct 8' sidewalk adjacent to the public Works ultimate ROW; relocate existing improvements as Department, required; remove and replace existing driveway Development approaches per Public Works Standard 115 -13. Install Services I F landscaped public parkway (curb adjacent) Division including Cassia Leptophylla Canopy tree at 30' on center in accordance with the West Lincoln Avenue Master Plan dated March 2005. Tree layout and line of sight shall conform to Public Works Standard 530. The irrigation shall be connected to the private on -site main. Western Avenue: construct 5' parkway and 5' sidewalk; relocate existing improvements as required; remove and replace existing driveway approaches per Public Works standard 115 -B as required. Install 5' landscaped public parkway curb adjacent. Tree layout and line of sight shall conform to Public Works Standard 530. The irrigation shall be connected to the private on -site main. 9 That curbs adjacent to the drive aisles shall be Public Works painted red to prohibit parallel parking in the drive Department, aisles. Red curb locations shall be clearly labeled on Traffic building plans. Division 10 Prior to connection of electrical service, the legal Public owner shall provide to the City of Anaheim a Public Utilities, Utilities easement with dimensions as shown on the Electrical approved utility service plan. Engineering -7- PC2013 -031 11 Prior to connection of electrical service, the legal Public owner shall submit payment to the City of Anaheim Utilities, for service connection fees. Electrical Engineering 12 Roof -top address numbers for the police helicopter shall be a minimum size of 4' in height and 2' in width. The lines of the numbers are to be a Police minimum of 6" thick. Numbers should be spaced Department 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. 13 Address numbers shall be positioned so as to be readily readable from the street with a minimum height of 4 -inch letter height. The number shall be Police illuminated during hours of darkness. Front and Department Rear entrance doors shall be numbered with the same address numbers. 14 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to Police provide adequate illumination to make clearly visible Department the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 15 Complete a Burglary /Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. Police This form is available at the Police Department front Department counter, or it can be downloaded from the following web site: http:/ /www.anaheim.net/article.asp ?id =678 16 File Emergency Listing Card, Form APD -281, with Police the Police Department, available at the Police Department Department front counter, or it can be downloaded from the following web site: http:/ /www.anaheim.net/article.asp ?id =678 -8- PC2013 -031 GENERAL 17 The sound level at the west property line, adjacent to Code the apartments, shall be limited to a maximum of 60 Enforcement decibels. 18 Any graffiti painted or marked upon the premises or Code on any adjacent area under the control of the Enforcement property owner shall be removed or painted over within 24 hours of being applied. 19 The property shall be permanently maintained in an Code orderly fashion through the provision of regular Enforcement landscaping maintenance, removal of trash or debris. 20 No required parking area shall be fenced or Code otherwise enclosed for outdoor storage. Enforcement 21 The Applicant shall defend, indemnify, and hold Planning harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnitees ") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 22 The property shall be developed substantially in Planning accordance with plans and specifications submitted to and reviewed by the City of Anaheim and which plans are on file with the Planning Department herein marked Exhibit No. 1 (Site Plan), Exhibit No. 2 (Floor Plan), Exhibit No. 3 (Roof Plan) and Exhibit No. 4 (Elevation Plans) and as conditioned herein. -9- PC2013 -031