Resolution-PC 2014-007RESOLUTION NO. PC2014 -007
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013 -05695
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00095)
(1168 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the
"Planning Commission "), did receive a verified petition for Conditional Use Permit No. 2013-
05695 to demolish a former restaurant building and construct a new drive - through restaurant
(herein referred to as the "Proposed Project "), on that certain real property located at 1168 South
State College Boulevard in the City of Anaheim, generally depicted on the map attached hereto
as Exhibit A and incorporated herein by this reference (the 'Property "), pursuant to Section
18.60.190 of the Anaheim Municipal Code (the "Code ") for the Property; and
WHEREAS, the Property is approximately 1.3 -acres in size and is developed with a two
story vacant commercial building. The Property is located within the C -G (General Commercial)
zone and the Anaheim General Plan designates the Property for Neighborhood Center land uses;
and
WHEREAS, on January 13, 2014, the Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as
required by Resolution No. 95R -134 and in accordance with the provisions of Chapter 18.60 of
the Code, to hear and consider evidence for and against proposed Conditional Use Permit No.
2013- 05695, 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 consist of
the replacement or reconstruction of a commercial structure with a new structure of substantially
the same size, purpose, and capacity, 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, 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 pertaining to the request for Conditional Use Permit No. 2013- 05695, does find and
determine the following facts:
1. The request to permit a drive- through restaurant is properly one for which
a conditional use permit is authorized under Section 18.08.030.010 (Restaurants — Drive
Through) of the Code.
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2. The drive- through restaurant will not adversely affect the surrounding
land uses, or the growth and development of the area in which it is proposed to be located
because the project has been designed to be compatible with surrounding commercial
and residential uses because all traffic flows will be provided from two arterial highways,
the one story building will be in scale with the adjacent neighborhood, and a 6 -foot high
block wall will provide a sound buffer for the nearby apartment complexes.
3. The size and shape of the site for the drive- through restaurant is adequate
to allow the full development of the proposed use, in a manner not detrimental to either
the particular area or health and safety because the project has been designed to comply
with all Code requirements, including building height, signs, landscaping, and parking.
4. The traffic generated by the 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 number of vehicles entering and exiting the site is consistent with
typical retail businesses that would be permitted as a matter of right within the C -G
(General Commercial) zone.
5. The granting of Conditional Use Permit No. 2013 -05695 under the
conditions imposed will not be detrimental to the health and safety of the citizens of the
City of Anaheim and will provide a land use that is compatible with the surrounding area.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby
approve Conditional Use Permit No. 2013 -05695 at the Property, 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, (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 Conditional Use Permit No. 2013 -05695 are
approved without limitations on the duration of the use. Amendments, modifications and
revocations of this permit maybe processed in accordance with Chapters 18.60.190 (Amendment
of Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the
Code.
BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2013 -05695
constitutes approval of the proposed request only to the extent that it complies with the Zoning
Code of the City of Anaheim 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.
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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 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 findings hereinabove set forth.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 13, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of
the City Council in the event of an appeal.
CHAIR, ANAHEIM CITY PLA TG COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 January 13, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 13' day of January,
2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT " A "
DEV NO. 2013 -00095
APN: 253 - 212 -18
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2013-05695
(DEV2013- 00095)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
PRIOR TO ISSUANCE OF BUILDING PERMIT
1
The building shall be equipped with an alarm system (silent or
Police
audible).
Department
2
Address numbers shall be positioned so as to be readily readable
Police
from the street. Numbers should be visible during hours of
Department
darkness.
3
Complete a Burglary /Robbery Alarm Permit application, Form
Police
APD 516, and return it to the Police Department prior to initial
Department
alarm activation. This form is available at the Police
Department front counter, or it can be downloaded from the
following web site: http: / /www.anaheim.net/article.asp ?id =678
4
The rear doors of the premises shall be numbered with the same
Police
address numbers or suite number of the business. Minimum
Department
height of 4 inches is recommended.
5
All exterior doors to have adequate security hardware, e.g.
Police
deadbolt locks.
Department
6
Rooftop address numbers shall be provided for the police
Planning
helicopter. Numbers shall be a minimum size of 4 ft. by 2 ft.
Department
The lines of the numbers are to be a minimum of 6 inches thick.
Numbers should be spaced 12 to 18 inches 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. Rooftop numbers are not to be visible
from ground level.
7
All backflow equipment shall be located above ground outside
Public Utilities
of the street setback area in a manner fully screened from all
Department,
public streets and alleys. Any backflow assemblies currently
Water
installed in a vault will have to be brought up to current
Engineering
standards. Any other large water system equipment shall be
Division
installed to the satisfaction of the Water Engineering Division
outside of the street setback area in a manner fully screened
from all public streets and alleys. Said information shall be
specifically shown on plans and approved by Water
Engineering and Cross Cormection Control hispector.
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8
All requests for new water services, backflow equipment, or
Public Utilities
fire lines, as well as any modifications, relocations, or
Department,
abandonments of existing water services, backflow equipment,
Water
and fire lines, shall be coordinated and permitted through
Engineering
Water Engineering Division of the Anaheim Public Utilities
Division
Department.
9
This is a project with a landscaping area exceeding 2,500
Public Utilities
square feet. A Landscape Documentation Package and a
Department,
Certification of Completion are required and a separate
Water
irrigation meter shall be installed in compliance with Chapter
Engineering
10.19 of Anaheim Municipal Code and Ordinance No. 6160
Division
relating to landscape water efficiency.
10
All existing water services and fire services shall conform to
Public Utilities
current Water Services Standards Specifications. Any water
Department,
service and/or fire line that does not meet current standards
Water
shall be upgraded if continued use if necessary or abandoned if
Engineering
the existing service is no longer needed. The owner /developer
Division
shall be responsible for the costs to upgrade or to abandon any
water service or fire line.
I 1
The existing 6 inch fire line and backflow device do not
Public Utilities
meet current standards. The applicant shall bring the fire
Department,
line up to current standards, or abandon if fire line will not
Water
be reused, prior to building occupancy.
Engineering
Division
12
The applicant shall install a USC approved backflow device on
Public Utilities
the water supply to the Property per City of Anaheim
Department,
requirements. Additionally, a backflow device shall be
Water
installed on the site irrigation system per City of Anaheim
Engineering
standards. This work shall be completed prior to building
Division
occupancy.
13
A plan sheet for solid waste storage and collection and a plan
Public Works -
for recycling shall be submitted to the Public Works
Streets and
Department, Streets and Sanitation Division for review and
Sanitation
approval.
Division
14
Trash storage areas shall be provided and maintained in a location
Public Works -
acceptable to the Public Works Department, Streets and
Streets and
Sanitation Division and in accordance with approved plans on file
Sanitation
with said Department. Said storage areas shall be designed,
Division
located and screened so as not to be readily identifiable from
adjacent streets or highways. The walls of the storage areas shall
be protected from graffiti opportunities by the use of plant
materials such as minimum 1- gallon size clinging vines planted
on maximum 3 -foot centers or tall shrubbery. Said information
shall be specifically shown on the plans submitted for building
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permits.
15
Prior to issuance of the grading permit, the final water quality
Public Works
management plan shall address the following items:
Department,
• The WQMP shall include additional information
Development
infiltration trench configuration, pre - treatment of flows.
Services
• The criteria identified in the DAMP in order to allow
Division
infiltration to occur on a site must be evaluated and
deemed adequate for the determination to be made to
infiltrate onsite.
• The applicant shall obtain approval for infiltration from
the City and from the Orange County Water District.
The City will coordinate the review of this proposed
infiltration system to obtain comments.
• The WQMP and grading plans shall show that flows are
conveyed to the infiltration areas.
• The WQMP shall show the required pretreatment for any
focused infiltration. The pretreatment system may be
landscape swales, filter strips or bio- retention areas (rain
gardens), prior to reaching the infiltration system.
16
Prior to issuance of the grading permit and right -of -way
Public Works
construction permit for the storm drain and sewer, whichever
Department,
occurs first, a Save Harmless agreement in -lieu of an
Development
Encroachment Agreement is required to be executed, approved by
Services
the City and recorded by the applicant on the Property for any
Division
storm drains connecting to a City storm drain.
17
The Property owner shall submit project improvement plans that
Public Works
incorporate any required drainage improvements and the
Department,
mechanisms proposed in the approved Drainage Report. No
Development
offsite run -off shall be blocked during and after grading
Services
operations or perimeter wall construction. The street
Division
improvement plans shall also include any other improvements
along the frontage of the project. Improvements shall conform
to the City Standards and as approved by the City Engineer.
Parkway irrigation shall be installed on the public right -of -way and
connected to the on -site irrigation system. A bond shall be posted
in an amount approved by the City Engineer and in a form
approved by the City Attorney.
18
An encroachment license shall be executed by the owner and
Public Works
recorded for the portion of the existing double pole mounted
Department,
sign that encroaches over the right -of -way line adjacent to State
Development
College Boulevard.
Services
Division
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PRIOR TO FINAL BUILDINGAND ZONING INSPECTIONS
19
The developer shall improve the streets as follows: Remove and
Public Works
replace any damaged existing curb, gutter, parkway landscaping
Department,
and sidewalk. Obtain a Right of Way Construction Permit from
Development
the Development Services Division prior to commencing the
Services
work, including the removal of the driveway on State College
Division
Blvd., utility installations and grind and cap of existing pavement
in Almont Avenue up to the street centerline within the frontage
of the parcel.
20
All required public street, landscaping, irrigation, utility,
Public Works
sewer and drainage improvements shall be constructed prior
Department,
to final building and zoning inspections and are subject to
Construction
review and approval by the Construction Services inspector.
Services
Division
21
All required WQMP items shall be inspected and operational.
Public Works
Department,
Development
Services
Division
22
An all- weather access road as approved by the Fire Department
Fire
shall be provided during construction.
Department
GENERAL CONDITIONS
23
Adequate lighting of parking lots, driveway, circulation areas,
Police
aisles, passageways, recesses and grounds contiguous to
Department
buildings shall be provided with lighting of sufficient wattage to
provide adequate illumination to make clearly visible the
presence of any person on or about the premises during the
hours of darkness and provide a safe, secure environment for all
persons, property, and vehicles on -site.
24
No required parking area shall be fenced or otherwise enclosed
Planning
for outdoor storage.
Department,
Code
Enforcement
Division
25
The applicant shall be responsible for maintaining the area
Planning
adjacent to the premises over which they have control, in an
Department,
orderly fashion through the provision of regular maintenance
Code
and removal of trash or debris. Any graffiti painted or marked
Enforcement
upon the premises or on any adjacent area under the control of
Division
the licensee shall be removed or painted over within 24 hours of
being applied.
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26
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days
of the issuance of the final invoice or prior to the issuance of
building permits for this project, whichever occurs first. Failure
to pay all charges shall result in delays in the issuance of
required permits or may result in the revocation of the approval
of this application.
Planning
Department
27
The Property shall be developed substantially in accordance
Planning
with plans and specifications submitted to the City of Anaheim
Department
by the applicant and which plans are on file with the Planning
Department and as conditioned herein.
28
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents
Department
(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.
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