Resolution-PC 2015-098RESOLUTION NO. PC2015-098
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2015-05823, VARIANCE NO. 2015-05047, AND
ADMINISTRATIVE ADJUSTMENT NO. 2015-00374 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00090)
(2013 EAST BALL ROAD)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to approve Conditional Use Permit No. 2015-05823, Variance No.
2015-05047, and Administrative Adjustment No. 2015-00374 to permit the construction of a
coffee shop with a drive-through lane, a front yard setback less than required by the Anaheim
Municipal Code ("Code"), and fewer parking spaces than required by the Code (herein referred
to collectively as the " Proposed Project") on that certain real property located at 2013 East Ball
Road in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 0.34 acres in size and is currently developed
with an existing vacant restaurant. The Property is located in the "C -G" General Commercial
Zone and is subject to the zoning and development standards described in Chapter 18.08
(Commercial Zones) of the Code. The Land Use Element of the Anaheim General Plan
designates the Property for Neighborhood Commercial land uses; and
WHEREAS, notice of a public hearing on November 16, 2015 was duly given in
accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider
evidence for and against the Proposed Project. On November 16, 2015, by motion, the Planning
Commission continued the matter to December 14, 2015, at which time the Planning
Commission did hold a public hearing at the Civic Center in the City of Anaheim to hear and
consider evidence for and against the Proposed Project 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 construction and location of limited numbers of new, small facilities or structures. Section
15303 of the State CEQA Guidelines (commencing with Section 15000 of Title 14 of the
California Code of Regulations; herein referred to as the "State CEQA Guidelines") provides
examples of projects that qualify for an exemption from the provisions of CEQA. The one
example that is applicable to the Proposed Project is for "up to four... commercial buildings
[such as a restaurant or similar structure] not exceeding 10,000 square feet in floor area on sites
zoned for such use if not involving the use of significant amounts of hazardous substances where
all necessary public services and facilities are available and the surrounding area is not
environmentally sensitive." The Proposed Project fits within that example and, therefore,
pursuant to Section 15303 of the State CEQA Guidelines, will not cause a significant effect on
the environment and is, therefore, categorically exempt from the provisions of CEQA; and
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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. 2015-05823, does find and
determine the following facts:
1. A drive-through coffee shop is considered to be a "Restaurant - Drive -Through" use
within the meaning of the Code and is an allowable primary use under subsection .010 of Section
18.08.030 within the "C -G" General Commercial Zone, subject to approval of a conditional use
permit.
2. The Proposed Project 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 Proposed
Project has been designed to be compatible with surrounding commercial and residential uses
because all traffic flows will be provided from an arterial highway, the one story building will be
in scale with the surrounding uses, and a landscape buffer will be provided around the drive-
through lane.
3. The size and shape of the site for the Proposed Project 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 Proposed Project has been designed to comply with all Code
requirements (with the exception of the front setback and parking described below), including
interior setbacks, building height, signs, and landscaping.
4. The traffic generated by the Proposed Project 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.
WHEREAS, paragraphs .0101 and .0102 of Subsection .010 (Setbacks) of Section
18.08.060 (Structural Setbacks) of Chapter 18.08 (Commercial Zones of the Code require the
minimum landscaped and structural setbacks in the Commercial Zones abutting an arterial
highway, such as Ball Road, to be fifteen (15) feet, "as measured from the ultimate highway
right-of-way line as designated on the Circulation Element of the General Plan". Those setback
requirements apply in addition to the setback and yard requirements set forth in paragraph .0201
(Street Setbacks for Non -Residential and Multiple -Family Residential Lots) of Subsection .020
(Measurements) of Section 18.40.040 (Structural Setbacks and Yards) of Chapter 18.40 (General
Development Standards) of the Code, which require "the minimum setbacks for all non-
residential ... lots and parcels adjoining [a] ... public ... street[] ... [to] be measured from the
closest building to the ... [t]he ultimate right-of-way of any adjacent public street or arterial
highway ...." Because the Proposed Project shows a setback of fifteen (15) feet from the
ultimate right-of-way of Ball Road, the applicant has requested a variance from the setback
requirements; 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 with respect to the request to construct a drive-through coffee shop with a front
setback less than required by the Code and fewer parking spaces than required by the Code, has
determined that Variance No. 2014-05047 should be approved for the following reasons:
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SECTION NO. 18.08.060.010.0101
SECTION NO. 18.08.060.010.0102
SECTION NO. 18.40.040.020.0201
Minimum landscaped setback.
(15 feet required; 10 feet proposed)
Minimum structural setback.
(15 feet required; 10 feet proposed)
Minimum street setback.
(15 feet required; 10 feet proposed)
1. That there are special circumstances applicable to the Property, including size,
shape, location and surroundings, which do not apply to other property under the identical zoning
classification in the vicinity of the Proposed Project. The subject property has a width of 100
feet and a lot area of 0.34 acres, while all other C -G zoned lots in the immediate vicinity have
much larger lot widths and sizes. If this property was of similar size and width, the developer
would be able to develop the site in accordance with all applicable Code requirements.
2. That, because of these special circumstances, strict application of the Zoning
Code deprives the property of privileges enjoyed by other property under the identical zoning
classification in the vicinity because this lot size is smaller than other surrounding C -G zoned
properties in the vicinity. This makes it difficult to meet all of the development standards while
providing adequate setbacks for the proposed coffee shop.
WHEREAS, the Planning Commission does further find and determine that the request
for Administrative Adjustment No. 2015-00374 should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(10 spaces required; 9 spaces proposed)
1. The adjustment is consistent with the purposes and intent of the Zoning Code. The
proposed project would comply with all other development standards of the C -G Zone, with the
exception of the front setback variance described above. The coffee shop will primarily serve
drive-through and take-out customers, as there will be no ordering or dining facilities inside the
building. Parking spaces are anticipated to be used mostly by employees (with three to four on
site at one time) and by customers stopping briefly to pick up orders at the take-out window.
2. The same or similar result cannot be achieved by using provisions in the Zoning
Code that do not require the adjustment since the only alternative to processing the adjustment is
to impact the ability to maintain vehicle queueing onsite, and in a manner that does not block
parking spaces;
3. The adjustment will not produce a result that is out of character or detrimental to
the neighborhood as the proposed drive-through use is a compatible use in the area.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
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NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby
approve Conditional Use Permit No. 2015-05823, Variance No. 2015-05047, and Administrative
Adjustment No. 2015-00374, 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, (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. 2015-05823, Variance
No. 2015-05047, and Administrative Adjustment No. 2015-00374 are approved without
limitations on the duration of the use. Amendments, modifications and revocations of this permit
may be 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. 2015-
05823, Variance No. 2015-05047, and Administrative Adjustment No. 2015-00374 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.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 14, 2015. 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.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
zr�
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on December 14, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00090
APN : 253-212-02
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05823, VARIANCE NO. 2015-05047,
AND ADMINISTRATIVE ADJUSTMENT NO. 2015-00374
(DEV2015-00090)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OFA BUILDING PERMIT
1
All backflow equipment shall be located above ground outside of
Public Utilities
the street setback area in a manner fully screened from all public
Department,
streets. Any backflow assemblies currently installed in a vault
Water Engineering
will have to be brought up to current standards. Any other large
water system equipment shall be installed to the satisfaction of
Division
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 Correction Control Inspector.
2
All requests for new water services, backflow equipment, or fire
Public Utilities
lines, as well as any modifications, relocations, or abandonments
Department,
of existing water services, backflow equipment, and fire lines,
Water Engineering
shall be coordinated and permitted through Water Engineering
Division
Division of the Anaheim Public Utilities Department.
3
This is a project with a landscaping area exceeding 2,500 square
Public Utilities
feet. A Landscape Documentation Package and a Certification of
Department,
Completion are required and a separate irrigation meter shall be
installed in compliance with Chapter 10.19 of Anaheim
Water Engineering
Municipal Code and Ordinance No. 6160 relating to landscape
Division
water efficiency.
4
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 shall
be upgraded if continued use if necessary or abandoned if the
Water Engineering
existing service is no longer needed. The owner/developer shall
Division
be responsible for the costs to upgrade or to abandon any water
service or fire line.
5
A plan sheet for solid waste storage and collection and a plan for
Public Works
recycling shall be submitted to the Public Works Department,
Department,
Streets and Sanitation Division for review and approval.
Streets and Sanitation
Division
6
Trash storage areas shall be provided and maintained in a location
Public Works
acceptable to the Public Works Department, Streets and Sanitation
Department,
Division and in accordance with approved plans on file with said
Department. Said storage areas shall be designed, located and
Streets and Sanitation
screened so as not to be readily identifiable from adjacent streets or
Division
highways. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials such as minimum
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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 permits.
7
Curbs adjacent to the drive aisles shall be painted red to prohibit
Public Works
parallel parking in the drive aisles. Red curb locations shall be
Department,
clearly labeled on building plans.
Development Services
Division
8
The applicant shall submit to the Public Works
Public Works
Department/Development Services, for review and approval, a
Department,
Water Quality Management Plan, as described in Drainage Area
Development
Management Plan for Orange County. Said WQMP shall:
Services Division
• Address Site Design Best Management Practices (BMPs) such
as minimizing impervious areas, maximizing permeability,
minimizing directly connected impervious areas, creating
reduced or "zero discharge" areas, and conserving natural
areas.
• Incorporate applicable Routine Source Control BMPs.
• Incorporate Treatment Control BMPs.
• Describe the long-term operation and maintenance, identifies
the responsible parties, and funding mechanisms for the
Treatment Control BMPs.
9
Any drainage above historical flow routed onto adjacent property
Public Works
must be directed to a recorded private drainage easement.
Department,
Applicant must provide a copy of the recorded document (i.e.
Development Services
letter of acceptance of drainage, in a format acceptable to the City)
Division
to the Engineering Department prior to approval of the Grading
Plan.
10
Prior to approval of the grading plan all existing structures shall be
Public Works
demolished. The developer shall obtain a demolition permit from
Department,
the Building Division.
Development Services
Division
11
Prior to grading plan approval, the applicant shall submit a Final
Public Works
Drainage Study prepared by a registered professional Civil
Department,
Engineer in the State of California. The Study shall be based
Development Services
upon and reference the latest edition of the Orange County
Division
Hydrology Manual the applicable City of Anaheim Master Plan
of Drainage for the project area. All drainage sub -area
boundaries per the Master Plan for Drainage shall be
maintained. The Study shall include: an analysis of 10-, 25- and
100 -year storm frequencies; an analysis of all drainage impacts
to the existing storm drain system based upon the ultimate
project build -out condition; and address whether off-site and/ or
on-site drainage improvements (such as detention/ retention
basins or surface runoff reduction) will be required to prevent
downstream properties from becoming flooded.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
12
The building shall be equipped with an alarm system (silent or
Police Department
audible).
13
Address numbers shall be positioned so as to be readily readable
Police Department
from the street. Numbers should be visible during hours of
darkness.
14
Complete a Burglary/Robbery Alarm Permit application, Form
Police Department
APD 516, and return it to the Police Department prior to initial
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
15
The rear doors of the premises shall be numbered with the same
Police Department
address numbers or suite number of the business. Minimum height
of 4 inches is required.
16
All exterior doors to have adequate security hardware, e.g.
Police Department
deadbolt locks.
17
Rooftop address numbers shall be provided for the police
Police Department
helicopter. Numbers shall be a minimum size of 4 ft. by 2 ft. 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.
18
Prior to Building and Zoning Inspections all required WQMP
Public Works
items shall be inspected and operational.
Department,
Development Services
Division
OPERATIONAL
CONDITIONS
19
If the applicant is unable to secure reciprocal access rights from
Planning Department,
the owners of the real property located immediately adjacent and
Planning Services
to the north and east of the subject property allowing the applicant
Division
to have access for trash removal, the applicant and the property
owner of the subject property shall enter into a Declaration of
Covenants with the City, in a form satisfactory to the City
Attorney, which shall be recorded in the Official Records of the
County of Orange, to provide trash removal in accordance with a
circulation plan acceptable to the Public Works Department and
the trash removal service provider. If, on the other hand, the
applicant is able to obtain access rights from said adjacent
property owners, applicant shall provide evidence of such rights to
the satisfaction of the Planning Director and the City Attorney,
which shall be in the form of a document recorded in the Official
Records of the County of Orange.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
20
No required parking area shall be fenced -off or otherwise enclosed
Planning Department,
for outdoor storage uses.
Code Enforcement
Division
21
Adequate lighting of parking lots, driveway, circulation areas,
Police Department
aisles, passageways, recesses and grounds contiguous to 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.
22
The applicant shall be responsible for maintaining the area
Planning Department,
adjacent to the premises over which they have control, in an
Code Enforcement
orderly fashion through the provision of regular maintenance and
Division
removal of trash or debris. Any graffiti painted or marked upon
the premises or on any adjacent area under the control of the
licensee shall be removed or painted over within 24 hours of being
applied.
23
Ongoing during project operation, should the vehicle queue reach
Public Works
Ball Road, staff members shall be positioned at the end of the on-
Department,
site queue area near the Ball Road entrance to direct traffic. This
Traffic Engineering
measure shall be implemented for a short timeframe, as needed,
Division
until the queue dissipates.
GENERAL CONDITIONS
24
Conditions of approval related to each of the timing milestones
Planning Department,
above shall be prominently displayed on plans submitted for
Planning Services
permits. For example, conditions of approval that are required to be
Division
complied with prior to the issuance of building permits shall be
provided on plans submitted for building plan check. This
requirement applies to building permits, grading permits, street
improvement plans, water and electrical plans, landscape irrigation
plans, and fire and life safety plans, etc.
25
The Applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of
Planning Services
the issuance of the final invoice or prior to the issuance of building
Division
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.
26
The Applicant shall defend, indemnify, and hold harmless the City
Planning Department,
and its officials, officers, employees and agents (collectively
Planning Services
referred to individually and collectively as "Indemnitees") from
Division
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
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
27
The property shall be developed substantially in accordance with
Planning Department,
plans and specifications submitted to the City of Anaheim by the
Planning Services
applicant and which plans are on file with the Planning
Division
Department and as conditioned herein.
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