Resolution-PC 2008-65RESOLUTION NO. PC2008-65
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMIMNG THAT
PREVIOUSLY-CERTIFIED ENVIRONMENTAL IMPACT REPORT NO. 323 IS APPROPRIATE
TO SERVE AS THE ENVIRONMENTAL DOCUMENTATION FOR THE PROJECT AND
APFROVING CONDITIONAL USE PERMIT NO. 2008-05310
(SOUTHEAST CORNER OF LEMON
AND DURST STREETS - ANAHEIM GATEWAY PR07ECT)
WHEREAS, on August 8, 2000, Environmental Impact Report No. 323 was certified by
the Anaheim Ciry Council in conjunction vtith the approval of Conditional Use Permit No. 4171 tp
permit construction of a 281,133 squaze foot commercial retail center of regional significance,
including a home improvement store, health club, three drive-through fast food restaurants, two full-
serve restaurants, a multi-tenant pad building, and a freeway-oriented freestanding sign, and with
waiver of minimum number of parking spaces on 263 acres of property located at 1500 North Lemon
Street; and
WHEREAS, Yhe Anaheim Planning Cammission did receive a verified Petition for a
Conditional Use Permit to permit a 2,675 square foot fast food drive-through restaurant and a 6,630
square foot commercial retail building in connection with the existing Anaheim Gateway commeroial
shopping center for certain real property situated in the City of Anaheim, County of Orange, State of
California, shown on Exhibit A, attached hereto and incorporated herein by this reference.
WH~REAS, this property is located in the General Commercial (CG) Zone and the
Anaheim General Plan designates this property for General Commercial land uses, and
WHEREAS, the applicant has requested approval of a conditional use permit to permit
a fast Food drive-through restaurant and a commercial retail center witb up to five units pursuant to
Code Section 18.60 of the Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 28, 2008, 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 "Pmcedures", to hear and consider evidence for and against said proposed request and
to investigate and make findings and recommendations in connection therewith; 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 proposed request to permit a restaurant with a drive-through lane and a
commercial retail center with up to five (5) units is properly one for which a conditipnal use permit is
authorized under Code Section 18.08:030.040:0402 of the Anaheim Municipal Code; and
1- PC2008-65
2. That the restaurant with a drive-through lane and a commercial retail center, as
cpnditioned, wifl not adversely affect the adjoining land uses and the growth and development of the
area in which it is located because the uses and environmental impacts are consistent with the analysis
in the previously-cedified Environmental Impact Report No. 323 for the Anaheim Gateway project and
were included as a part of that project's development plans. Further, there is adequate parking to
accommodate the development of the proposed uses.
3. That the size and shape of the site is adequate to allow the drive-through restaurant and
commercial retail building and use in a manner not detrimental to either the particular area or healkh
and safety as the proposed plans conform with the General Commercial (GG) requirements including
the req~~ired number of parking spaces.
4. That the traffic generated by the use of the property will not impose an undue burden
upon the skreets and highways designed and improved to carry the traffic in the area and;
5. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety pf the citizens of the City of Anaheim.
6. That no one indicated their presence at said public hearing in opposition; and that np
correspondence was received in opposition ro the subject petition.
WHER~AS, the Ciry Council certified ~nvironment Impact Report No. 323 in
connection with Conditional Use Permit No. 4171 approving the Anaheim Gateway project. The EIR
addressed the environmental impacts and mitigation measures associated with the Anaheim Gateway
projeck Therefore, Environmental Impact Report No. 323 together with Mitigation Monitoring Plan
No. 113 are adequate to serve as the required environmental documentation for this proposal and
satisfy all the requirements of CEQA, and that no further environmental documentation need be
prepared for the proposed project actions.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planni~g Commission
does hereby approve Conditional Use Permit No. 2008-05310 to permit a fast food drive-through
restaurant and a commercial retail center wihh up to five units subject to the following conditions
which 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:
-2- PC2008-65
No. Conditions of Approval
PRl`OR TOISSUANGE OF GIUIDING P~RN1lT ':= Responsible for
Monitoring
1 The applicant shall submit to the Public Works Department, Public Works
Development Services Division for review and approval a
Water Quality Management Plan that:
• Addresses Site Design Best Management Practices
(BMPs) such as minimizing impervious areas,
maximizing permeability, minimizing iiirectly
connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas.
o Incorporates the applicable Routine Source Control
BMPs as defined in the Drainage Area Management
Plan.
o Incorporates TreatmenY Control BMPs as defined in the
DAMP.
• Describes the long-term operation and maintenance
requirements For the Treatment Control BMPs.
a Identifies the entity that will be responsible for long-
term operation and maintenance of the Treahnent
Control BMPs, and
• Describes the mechanism for fimding the long-term
operation and maintenance of the Treatment Control
BMPs.
2 ThaY prior to issuance of a grading permit plans shall identify: Public Works
MM 1 e Off-site locatio~s For construction waste exported from
(Solid Waste) rhe project and options for disposal of excess material
shall be identified. These options may include recycling
of materials onsite, sale to a broker or contractor, sale to
a project in the vicinity or transport to an
environmentally cleared landfill, with attempts made to
move it wikhin Orange County.
e The project applicant shall offer recyclable building
materials, such as asphalt or concrete, For sale or
removal by private firms or public agencies for use in
construction of other projects if all cannot be reused on
the project site.
-3- PC2008-65
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3 That the legal property owner shall irrevocably offer to Public Works
dedicate to the City of Anaheim an eight (8) foot wide
easement for road and public utility purposes from the
existing right-of-way of Lemon Street and a corner cutoff.
4 That the centerline to curb width on Lemon Street should be Public Works.
widened to 43 feet with a five (5) foot wide landscaping (i.e.
treewells) and five (5) foot wide sidewalk adjacent to the
right-of-way 4ine in conformance with Public ~Yorks
Standard Detail No. 160-A. Any existing infrastructure,
including catch basins and bus stop locations, shall be
relocated at the developer's expense, in conjunction with the
street widening subject to the City Engineer's approval.
Landscaping and irrigation shall be installed between the
sidewalk and curb. A Right of Way Construction Permit
from the Public Works Department, Development Services
Division shall be obtained to install the parkway landscaping
and irrigatioa These improvements shail be completed prior
to final zoning and building inspection.
5 That all backflow equipment shall be located above-ground Public Utilities
and outside of the minimum street setback area in a manner
fully screened from all public streets and alleys. Any
backflow assemblies currently installed in a vault will have
to be hrought up to current standards. Any other large water
system equipment shall be installed Yo 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 specificaUy shown on plans and
approved by Water Engineering and Cross Connection
Control Inspector before submittal for building permits.
6 That all requests for new water services or fire lines, as well Public Utilities
as any modifications, relocations, or abandonment of
existing water services and fire lines, shall be coordinated
through Water Engineering Division of the Anaheim Public
Utilities Department.
7 That this project has landscaping area exceeding 2,500 Public Utilities
square feet and a separate irrigation meter shall be installed
in comgliance with Chapter 10.19 of the Anaheim Municipal
Code and Ordinance No. 5349 regarding water conservation.
-4- PC2008-65
8 That the developer shall submit revised elevation and
landscape plans indicating vine pockets along the east
elevation of the commercial retail building including lattice
treatment on the elevation to facilitate clinging vines planted
every five (5) feet so as to eliminate graffiti opportunities.
Said elevations shall also include modiFcations to the unit
awnings for the three (3) center units indicating the awnings
shall extend the full length of the units. Planning
9 That plans submitted for building permits shall indicate the Fire Department
MM 2 following:
(Public Services) ° All structures associated with the proposed project
shall be equipped with automatic fire sprinklers. Plans
and specifications for sprinkler systems shall be
submitted to the Fire Aepartment for review and
approval prior tot instaliation.
o Permits for all underground or above ground tanks
shall be obtained from the Fire Prevention Division
prior to installation.
10 That plans submitted for building permits shall indicate the Planning
fol lowing: Department
MM3
• Lower-volume water faucets and low-flow toilets shall public Utilities
(Utilities) be installed.
e Re-circulating hot water systems shall be used where
feasible in long piping systems (where water must be
run for considerable periods befpre hot water is
received at the outlet).
e Plumbing fixtures shall be selected which reduce
potential water loss from leakage due to excessive
wear of washers.
• Automatic sprinkler systems used to imgate
landscaping shall be programmed to operate during the
cooler periods of the day (evening and early morning)
to minimize water loss from evaporation, thereby
ensuang the efficient use of imgation water.
Landscape imgation schedules shall be adjusted to
accommodate the seasons.
• Selection of drought-tolerant, low water consuming
plant varieties shall be used to reduce imgation water
consumption in new landscaped areas.
e Efficient irrigation systems shall be installed which
minimize runoff and eva oration and maximize the
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water that will reach plant roots.
o The project shall comply with the water wnservation
requirements of Title 20 and 24 of the California
Administrative Code.
11 The following shall be complied with: Public Utilities
MM 4 o The applicant shall pay fees in accordance with
(Energy) ~aheim's Electric Rates Rules and Regulations Por
installation of backbone cables, switches and related
facilities to provide electrical distribution to and
within the proposed project site.
o The applicant shall pay fees in accordance with
Anaheim's Electric Rates Rules and Regulations for
electrical commercial/industrial services for specific
uses within the pro}ect site.
o High-efficiency lamps shall be installed for all street
and parking lot lighting to reduce electricity
consumption. Street lighting shall be provided along
Durst Street. All new deveiopments shall instali the
street lighting facilities required in accordance with
the official street lighting standards on file in the
Public Utilities Department.
12 That the project applicant shall cpnsult ~vith The Gas Planning
MM 5 Company regarding feasible energy conservation measures. The Gas
(Energy) Company
13 That the applicant shall comply with the National Pollutant Public Works
MM 6 Discharge Elimination System. A general permit for
canstruction activities shall be certified by the Regional
Water Quality Control Board. The applicant shall comply
with the Water Quality Management Plan requirements set
forth by the City of Anaheim.
14 That the roll-np door for the electrical room of the Planning
commercial retail center shall be eliminated. Plans shall
reflect swing doors designed consistent with the architecture
of the building.
ONGOLNGIXUR INGGONSTRUCT`IQN-;'`;, : .
15 ThaY during constmction: Planning
MM 7 o The constructipn area and vicinity (within a 500-foot Public Works
(Air Qualiry) radius) shall be swept and watered at least twice daily,
or more as needed.
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o Site aecess point shall be swept or washed within
thirty minutes of visible dirt deposition on any public _
roadway.
• On-site stockpiles of debris, dirt, or rusty material
shall be covered or watered twice daily.
o Operations on any unpaved surfaces shall be
suspended when winds exceed 25 miles per hour.
e_ Idling of trucks shall not exceed ten minutes, to khe
maximum extent feasible consistent with construction
activity.
16 That during constmction: Planning
MM 8 e Major construcYion activity shall be limited to the
(Noise) hours of 7 a.m. and 7 p.m. daily. putside of the
hours, no activity shall take place that would result in
a noise level of 60 dBA or above at the site boundary
for any extended period.
o pll equipment operating oo-site shall have properly
operating mufflers.
a Equipment shall not be left idling for long periods;
instead, it should be switched off.
• An area shall be designated for delivery of materials
and equipment to site. This area shall be located as
far From the residential properties located tp the west
of the site as is practical.
17 That prior to commencement of framing Fire hydrants shall Fire
MM 9 be placed at approximately 300-foot intervals throughout the
entire project site. Exact fire flow requirements and fire
(Public Services) hydrant locations shall be determined by the Fire
Department. Fire apparatus access shall be provided to all
structures.
18 That in the event that cultural resources are encountered Public Works
MM 10 during the course of construction, grading or other activities
with the potential to disturb such resources shall be halted,
(Cultural and a qualified archaeologist shall be called to the site to
Resources) assess the significance of the resources and make
recommendations concerning their disposition.
-7- PC2008-65
FRtORTfJFINA LB[TZLDING~4INZ?ZQt'1'INGINSPECTIOZV: . ", :..: ,; ;; .:< - : <.
19 That the developer shall to remove and relocate any traffic Public Works
signal poles and equipment at the intersection of Orangefair
Avenue and Lemon Street, if necessary, at the developer's
expense. This intersection is under the jurisdiction of the
City of Fullerton and all necessary permits shall be obtained
from City of Fullerton, Department of Public Works.
20 The applicant shall: Public Works
e Demonstrate that all structural BMPs described in the
Project WQMP have been coustruoted and installed in
conformance with approved plans and specifications.
• Demonstrate that the applicanY is prepared to implement
all non-structural BMPs described in the Project WQMP
e Demonstrate that an adequate number of copies of the
approved Project WQMP are available onsite.
e Submit for review and approval by the City an Operation
and Maintenance Plan for all stmctural BMPs.
~E11XER<4~ ': `. ., ," "~.,: ".:~ ~:.,;. . . ... .. ~ ;.;:., ,.:..,: ;: . . ~. ..
21 That on-going during business operations, no parking area Planning
shall be fenced off or otherwise enclosed for outdoor storage
uses.
22 That prior to final building and zoning inspection, fire lanes Planning
shall be posted with "No Parking Any Time." Said
information shall be specifically shown on plans submitted
for buildi~g permits.
23 That rear entrance doors for both the restaurant and Police
commercial building shall be numbered with the same
address numbers or suite numbers of the business with a
minimum letter height of minimum (4) inches.
24 That adequate lighting of parking lots, driveway, circulation Police
areas, aisles, passageways, recesses and ground contiguous
to buildings shall be provided wiYh lighting of sufficient
wattage to provide adequate illumination to make clearly
visible the presence of any person on or about the gremises
during the hours of darkness and provide a safe, secure
environment for all persons, property, and vehicles onsite.
-8- PC2008-65
25 That extensions for further time to complete conditions of
approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code. Planning
26 That subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the
City oFAnaheim by the petitioner and which plans are on file
with the Planning Department marked E~ibit Nos. 1
through 11, and as conditioned herein.
27 That approval of this application constitutes approval of the Planning
proposed request only to the extent that is 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 Anaheim Planning Commission does hereby
Find and determine that adoption of this Resolution is expressly gredicated upon applicant's compliance
with each and all of the conditions hereinabove set forkh. 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 RE50LVED 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
applicaHon.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of May 28, 2008. Said resolution is subject to the appeal provisions set forth in Chapker L8.60 "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
~ i~
CHAIRMAN PRO- MPO , ANAHEI PLANNING COMMISSION
ATTEST:
~~~
SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 May 28, 200$, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL KARAKI,
ROMERO,VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
-- IN WITNESS WHEREOF, [ have hereunto set rny hand this ~~~~ day of
-,IM~ ,2008.
IOR SECRETARY. ANAHEIM PLANNING COMMISSION
-10- PC2008-65
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May 28, 2008
Q Subject Property
Conditional Use Permit No. 2008-05310
Southeast Corner of Lemon and Durst Streets
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RC~ 99-00-10
RCL 53~54-3
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T•CUP 2007-05271
T-CUP 2006-0514:
CUP 2001-0445fi
T-CUP 2001-0444~
T-CUP 20~1-0440:
T-CUP 2001-0 4 3 51
T-CUP 2001-0439:
CUP 4171
CUP 3994
CUP 3344
CUP 1414
VAR 2001-04458
VAR 4162
SCW 2003-00022
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(CUP 3834)
(CUP 3791)
(CUP 3334)
(GUP 2298)
(WP 2098)
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IMPROVEMENT
WAREHOUSE
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