Resolution-PC 2006-57_ ~ • '
RESOLUTION NO. PC2006-57
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING RESOLUTION NO. PC2005-156 ADOPTED IN CONNECTION WITH
" CONDITIONAL USE PERMIT NO. 2005-05028
_ (1131 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
LOTS 29 TO 36 INCLUSIVE IN BLOCK 4 OF SUMMERFIELD AND POOENHEIMERS
SUBDIVISION OF THE SPOERL TRACT, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CAtIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE
44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY.
' WHEREAS, on pecember 12, 2005, the Anaheim Pfanning Commission did, by its Resolution
No. PC2005-156, grantConditional Use Permit Na 2005-05028 to construct a 3,897 square-foot, three unit
commercial retail center including a drive-through coffee shop (Starbucks) waivers of the following:
(a) SECTION NO. 18.08.060.010.0102 - Minimum landscaped setback adiacent
to an arterial (15 feet required; 6 feet
proposed)
(b) SECTION NO. 18.42.040.010 Minimum number of parkinq spaces
53 required; 22 proposed and
recommended by Staff)
(c) SECTION NO. 18.42.080.020 Drive-throuqh lane location
(Drive-through lane not permitted within
setback; drive-through lane proposed in _
setback)
WHEREAS, Resolution No. PC2005-156, adopted in connection with subject conditional use
permit, includes the following condition of approval:
"1. That at no time shall the Starbucks provide lunch service:'
WHEREAS, the applicant has requested to amend said condition of approval to read:
"1. That at no time shall the Starbucks sell non-beverage lunch items that are
freshfy prepared on premises"
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on June 26, 2006, at 2:30 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 amendment and to investigate and make findings
and recommendations in connection therewith; and that said hearing was continued from the June 12, 2006,
. Planning Commission meeting; and
WHEREAS, said 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; does find and
determine the following facts:
1. That the request to amend a condition of approval pertaining to lunch service at a
previously-approved drive-through coffee shop (Starbucks) to permit the' incidental sales of pre-packed non-
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beverage)unch items is properly one for which a conditional use permit is authorized under the authority of
Code Sections 18.08.030.040.0402 {Drive-through Facilities) and 18.60.190.030 (Amendment of Permit
Approval).
2. That the incidental sales of pre-packed non-beverage lunch items will not adversely affect
the adjoining land uses or the growth and development of the area because the previously-approved parking
demand study demonstrated the site provided three spaces above the projectetl actual peak demand for the
site, and staffi believes that the sale of.pre-packed lunch items would not generate additional on-site parking
demand greater than fhe spaces provided on-site since the supplemental information provided by.Starbucks
demonstrates sandwich sales are a very small portion of overall sales in any given period (between 1.06-
2.03%), and consist, on average, of approximately ten sandwiches sold per day.
3. That the granting of the conditional Use permit and modifications under the conditions
imposed, will not be detrimental to #he health and safety of the citizens of the City of Anaheim.
4. That the traffic generated by the modified use will not impose an undue burden upon the
streets andhighways designed and improved to carry the traffic in the area because most sandwich sales
are in combination with a beverage purchase, which demonstrates that sandwich sales would not '
significantly increase the, need for on-site parking or increase in vehicle trips to the site.
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALtFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal and does hereby,find that the Negative Declaration previously
approved in connection with Conditional Use Permit No. 2005-05028 is adequate to serve as the required
environmental documentation in connection with this request upon finding that the declaration reflects the
independent judgment of the lead agency and that it has considered the Negative Declaration together with
any comments received during the public review process and further finding on the basis ofithe initial study
and any comments received that there is no substantial evidence that the project will have a significant effect
on the environment
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
amend, in its entirety; the conditions contained in Resolution No. PC2005-156 to read as follows
1. That at no time shall the Starbucks sell food items that are freshly prepared on-premises.
2. That the Subway sandwich shop shall not open for customers prior to 9 a.m.
3. That no additional restaurant/food service uses shall be allowed beyond what is indicated on
the approved plan.
4. That if the Starbucks or Subway uses change, an updated parking study shall be provided to
the Planning Services Division for review and approval by staff to determine whether the
assumptions contained in the original parking study are still valid. Any decision by staff may be
appealed to the Planning Commission as a"Reports and Recommendations" item.
5. That no video, electronic or other amusement devices shall be permitted on the premises.
6. That all public phones shall be located inside the building.
7. That adequate lighting of parking lots, driveway, circulation areas, 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. Said lighting shall be directed, positioned and
shielded in such a manner so as not to unreasonably illuminate the window areas of the :
adjacent residential properties. Light fixtures shall be decorative and a maximum of 12-feet in
height. Said information shall be specifically shown on plans submitted for Police Department,
Community Services Division approvaL
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8: 7hat all trash generated from the commercial retail center shall be properly contained in trash
bins located within approved trash enclosures. The number of bins shall be adequate and the
trash pick=up shall be as frequent as necessaryto ensure the sanitary handling and timely
removal of refuse from the property. The Community Preservation Division of the Planning
Department shall determine the need for additional bins or additional pick-up. All costs for
increasing the number of bins or frequency of pick-up shall be paid by the business owner.
9. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the
event that it is removed, damaged, diseased and/or dead.
10. 7hat no roof-mounted balloons or other inflatable devices shall be permitted on the property. '
11. That no outdoor vending machines shall be permitted on the property. -
12. That 4-foot high street address numbers shall be displayed on the roof of the building in a color'
that contrasts with the roof material. The numbers shall not be visible from the streets or
adjacent properties. Said information shall be specifically shown on plans submitted for
building permits.
13. That there shall be no outdoor storage permitted on the premises.
14. That the property owner shall submit a letter to the Planning Services Division requesting
termination of Conditional Use Permit Na 720 (to permit an existing service station within 75
feet of residential zone and not at an intersection of two arterials).
15: That roof-mounted equipment shall be screened from view in accordance with the requirements
of Anaheim Municipal Code Section 18.38.170 pertaining to the GG (General Commercial)
Zone. Said information shall be specifically shown on plans submitted for building permits.
16. That the property shall be permanently maintained in an orderly fashion by the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti withirr
finrenty four (24) hours from time of occurrence.
17. That the number of tenant spaces for this commercial retail center shall be limited to three (3).
Said information shall be specifically shown on plans submitted for building permits:
18. That final sign plans shall be submitted to the Planning Services Division for review and
approval as to placement, design and materials of all proposed on-site signage. The signage
shall be designed to complement the architecture of the commercial retail center. Any decision
by staff may be appealed to the Planning Commission as a`Reports and Recommendations"
item.
19. That all backflow equipment shall be located above ground and outside of the street setback
area in a manner fu11y screened from all public streets. Any backflow assemblies currently
installed in a vault shall be brought up to current standards. Any other large water system
equipment shall be installed to the satisfaction of the Water Engineering Division in either
underground vaults or outside of the street setback area in a manner fully sc~eened from all
public streets and alleys. Said information shall be specifically shown on plans and approved
by the Water Engineering Department.
20. That all requests for new water services or fire lines, as well as any modifications, relocations,
or abandonments of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
21. That since this project has a landscaping area exceeding 2,500 square feet; a separate
irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal
Code. Said information shalt be specifically shown on plans submitted for building permits.
22. That all existing water services and ~re lines shall conform to current Water Service Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use if necessary or abandoned if the existing water service is no longer
needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any
water service of fire line.
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, 23. That prior tothe issuance of a grading permit, the applicant shall submit to the Public Works
Department, Development Services Division for review and approvat a Water Quality _
Management Plan that:
• Addresses 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.
•. Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
• Incorporates Treatment Control BMPs as defined in DAMP.
• Describes the Iong-term operation and maintenance requirements for the Treatment Control -
BMPs. ,
. Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs, and describes the mechanism for funding the long-term operation
and maintenance of the Treatment Control BMPs.
24. That prior to issuance of a certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project WQMP have been
constructed and installed in conformance with approved plans and specifications:
•` Demonstrate that the applicant is prepared to implement all non-structural BMPs described
in the Project WQMP.
• Demonstrate that an adequate number of copies of the approved Projects WQMP are
available onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all
structural BMPs.
25. That the City of Anaheim Sewer Impact Mitigation fee for the Old Town/ Basin 8 Area shall be
paid.
26. That the curb radius at Lincoln Avenue and Carleton Avenue shall be designed with a 25' radius
and a sidewalk access ramp w/ truncated domes per Public Works Standard Detail 111. The
existing radius and ramp shown on the site plan do not conform to City standards. Said
information shall be specifically shown on plans submitted for building permits.
27. That prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a
registered professional Civil Engineer in the State of California. The Study shall be based upon
and reference the latest edition of the Orange County Hydrology Manual and 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 90
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/ retenfion basins or surface runoff reduction)
will be required to prevent downstream properties from becoming flooded.
28. That the alley shall be improved per Public Works Standard Detail No. 131 (10-foot %z width
measured from the alley centerline.) Said information shall be specifically shown on plans
submitted for building permits.
29. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be
shown on plans submitted for building permits. Plans shall also identify the specific screening
treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access
points, etc.). Said information shall be specifically shown on plans submitted for building
permits.
30. That the property owner/developer shall provide the City of Anaheim with a public utilities
easement to be determined as electrical design is completed.
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31. '' That any required relocation of City electrical facilities shall be at the developer's expense.
32. < That plans shall be submitted to the Traffic and Transportation manager for his review and '
approval showing conformance with Engineering Standard No: 115 pertaining to sight distance
visibility for the monument sign and walUfence location. „
33. That plans shall be submitted to the Planning Services bivision'for review and approval in
conformance with the current version.of Engineering Standard Plan Nos. 436, and 470
pertaining to parking standards and driveway location. Subject property shall thereupon be
developed and maintained in conformance with said plans.
34. That the drive-through lane shall be designed to meet the radius standards (minimum 16 feet
interior and 26 feet outer radius). Said information shall be specifically shown on plans
submitted for building permits.
35. That a plan sheet for solid waste storage, collection and a plan for recycling shal( be submitted :
to the Public Works Department, Streets and Sanitation Division for review and approvaL
36. That trash storage areas shall beprovided 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 or highways.' 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. Said information shall be specifically
shown on the plans submitted for building permits.
37. That the project shall provide an on-site loading area for truck deliveries to be located such that
said area will not be visible from Lincoln Avenue. Such information shall be specifically shown
on plans submitted for building permits.
38. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a
completed form to the Anaheim Police Department.
39: That final elevation plans shall be submitted to the Planning Services Division. Said plans shall
be designed to preclude the visibility of interior storage for the individual tenants from Lincoln
Avenue. Any decision by staff may be appealed to the Planning Commission as a"Reports and
Recommendations" item.
40. That all plumbing or other similar pipes and fixtures focated on the exterior of the building shall
be fully screened by architectural devices and/or appropriate building materials. Said
information shall be specifically shown on the plans submitted for building permits.
41. That a final landscape plan shall be submitted to the Planning Services Division for review and
approval. Said plans shall specify the following:
• The size, type, and location of all trees, shrubs, and ground cover proposed for the site.
• Minimum 24-inch box sized trees, and clinging vines along all perimeter block walls and
landscaped fingers every ten (10) parking stalls.
. A three-foot high solid hedge along the interior side of the landscape setback adjacent to
the drive-through lane.
• Trees within the parking area evenly distributed within all proposed landscaped fingers.
Any decision by staff may be appealed to the Planning Commission as a"Reports and
Recommendations° item.
42. That the subject property shaA be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department Exhibit Nos. 1 through 5, and as conditioned herein.
43. 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. 7,,12, 14, 15, 17, 18, 19, 21, 25, 26, 28,
29, 30, 32, 33, 34, 35, 36, 37, 39, 40, and 41, above mentioned, shall be complied with.
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Extensions for further time to complete said conditions may be granted in accordance with
' Section 18.60.170 of theAnaheim Municipal Code.
44. That prior to issuance of a grading permit, or within a period of one'(1) year from the date of this
` resolution, whichever occurs first, Condition Nos. 23 and 27 shall be complied with. Extensions
` for further time to complete said conditions may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
45. That prior to final building and zoning inspections, Condition Nos. 24, 38, and 42, above
mentioned, shall be complied with. Extensions for further time to complete said conditions_may
be granted in accordance with Section 18.60:170 of the Anaheim Municipal Code. :
46. : 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:
47. That 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
satis~es the original intent and purpose of the condition(s), (ii) the modification complies with
theAnaheim Municipal Code and (iii) the applicant has demonstrated significant progress
toward establishment of the use or approved development.
BE {T FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine thafadoption of this Resolution is expressly predicated upon applicant's compliance with each and
all ofithe 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 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 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 the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 26, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
CHAIRMAN PRO TEMPORE, ANAHEIM PLANNWG COMMISSION
ATTEST: _
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) '
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on June 26, 2006, by the following vote of the members thereof: '
AYES: COMMiSSIONERS: BUFFA, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ '
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
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IN WITNESS WHEREOF, I have hereunto set my hand this ~3 day of
, 2006..
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION