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Attachment 1 - Draft Conditional Use Permit Resolution[DRAFT] ATTACHMENT NO. 1 RESOLUTION NO. PC2023-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING DEVELOPMENT PERMIT NO. 2022-00005, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2022-00005) (540 NORTH EUCLID STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for a conditional use permit to permit a 3,879 square foot drive-through restaurant building within an existing retail shopping center (the “Proposed Project”) for that certain real property located at 540 North Euclid Street in the City of Anaheim, County of Orange, State of California, 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 24-acres in size and is currently developed with a retail shopping center and is located in the “C-G” General Commercial Zone. The Anaheim General Plan designates the Property for Regional Commercial land uses; and WHEREAS, on July 31, 2023, 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 law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "AMC"), to hear and consider evidence for and against said proposed the Proposed Project, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's CEQA procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for "projects", as that term is defined in Section 15378 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds and determines that this project is exempt from the requirements to prepare additional environmental documentation pursuant the CEQA Guidelines, Section 15303, Class 3 (New Construction or Conversion of Small Structures). The Class 3 Exemption consists of construction and location of limited numbers of new, small facilities or structures, including restaurants in urbanized areas, applying to up to four buildings not exceeding 10,000 square feet, and at the time of this determination would not cause a significant effect on the environment. Pursuant to Section 15300.2(c) and 15303 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the Proposed Project that would cause a significant effect on the environment and, therefore, the proposed project would be 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 with respect to the request for a conditional use permit, does find and determine the following facts: -2 -PC2023-*** 1.That the proposed drive through restaurant use is properly one for which a conditional use permit is authorized by the Zoning Code because drive- through facilities are permitted subject to approval of a conditional use permit in the “C-G” General Commercial Zone. 2.That the proposed drive through restaurant use would not adversely impact the existing uses within the retail shopping center and would be compatible and consistent with other retail and drive through uses on the retail shopping center site. In addition, the proposed use would not adversely affect the adjoining land uses or the growth and development of the area as it would be consistent with the retail, commercial, and office land use pattern in the vicinity and meets all AMC development standards. 3.That the size and shape of the site proposed for the use would allow for the full development of the proposed use without conflict with existing uses; and the proposed use would not be detrimental to the area or the general health and safety of the community. 4.That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because there will not be any significant traffic impacts as a result of the drive-through use, and there will be adequate vehicular queueing and parking for the proposed drive-through lanes. 5.That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 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 negate 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. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this Planning Commission does hereby approve the conditional use permit contingent upon and subject to the conditions of approval set forth 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 for which the conditional use permit is applicable 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. - 3 - PC2023-*** BE IT FURTHER RESOLVED that any amendment, modification, or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (Revocation or Modification of Permits) of the 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 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. THE FOREGOING RESOLUTION was approved at the Planning Commission meeting of July 31, 2023. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2023-*** PC2023-*** EXHIBIT “B” DEVELOPMENT PERMIT NO. 2022-00005 (DEV2022-00005) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 The Owner/Developer shall prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. Public Works Development Services 2 The Owner/Developer shall submit the final Water Quality Management Plan (WQMP) to the Public Works Department for review and approval. The WQMP shall be consistent with the requirements of Section 7 and Exhibit 7.II of the Orange County Drainage Area Management Plan (DAMP) for New Development/ Significant Redevelopment projects. identify potential sources of pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. The following conditions are required to be addressed during final engineering: a.According to the 2018 TMDL List: Coyote Creek has two TMDLs: Copper, Dissolved & Indicator Bacteria. Correct this on page 1 and 7 of the WQMP. b.A funding plan is not specified, a simple mention of the resource for maintenance is sufficient to ensure that it is budgeted. c.Provide a Notice of Transfer of Responsibility form in the attachments. d.In the WQMP BMP Plan - provide cross sections, detail sheets, and GIS coordinates of the MWS unit and Flogard units proposed. Public Works Development Services 3 The Owner/Developer shall prepare and submit a final drainage study, including supporting hydraulic and hydrological data to the City of Anaheim for review and approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures including but not limited to offsite storm drains and interim detention facilities. Public Works Development Services PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 4 The Owner/Developer shall submit a Geotechnical Report to the Public Works Department for review and approval. The report shall address any proposed infiltration features of the WQMP. Public Works Development Services 5 All required plans and studies shall be prepared by a Registered Professional Engineer. Public Works Development Services 6 The Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities Water Engineering PRIOR TO ISSUANCE OF BUILDING PERMITS 7 The Owner/Developer shall submit an interim soils report indicating pad compaction and site stability prepared by the project's Geotechnical Engineer of Record. The pad compaction report needs to include a site plan showing the compaction testing locations. Public Works Development Services 8 The Owner/Developer shall provide a certificate, from the project’s Registered Civil Engineer of Record, certifying that the rough grading for the building pad(s) has been completed in accordance with the City approved grading plan. Public Works Development Services 9 A Right of Way Construction Permit shall be obtained from the Development Services Division for all work performed in the public right- of-way. Public Works Development Services 10 All Landscape plans shall comply with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in compliance with the State of California Model Water Efficient Landscape Ordinance (AV 1881). Public Works Development Services 11 All backflow equipment shall be located above ground outside of the 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 brought up to current standards. Any other large water system equipment shall be 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 Connection Control Inspector. Public Utilities Water Engineering PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 12 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Water Engineering 13 All existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The Owner/Developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities Water Engineering 14 All CBC and CFC requirements shall be followed for permit issuance. Any fire permits shall be submitted directly to Anaheim Fire Prevention Bureau. Anaheim Fire Department Community Risk Reduction Division 15 An adequate water supply capable of providing minimum fire flow requirements for fire hydrants and/or fire sprinkler system shall be met. Anaheim Fire Department Community Risk Reduction Division PRIOR TO FINAL BUILDING AND ZONING INSPECTION 16 All required on-site Water Quality Management Plan, sewer, storm drain, and public right of way improvements shall be completed, operational, and are subject to review and approval by the Construction Services Inspector. Public Works Development Services 17 All public improvements shall be constructed by the Owner/Developer, inspected, and approved by Construction Services prior to the final building and zoning inspection. Public Works Development Services 18 Record Drawings and As-Built Plans shall be submitted for review and approval to the Department of Public Works, Development Services Division. Public Works Development Services 19 All remaining fees/deposits required by the Public Works Department must be paid in full. Public Works Development Services PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 20 The Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities Water Engineering OPERATIONAL CONDITIONS 21 That ongoing during project operations, vehicle deliveries including loading and unloading shall be performed on site. Delivery vehicles shall not block any part of the public right of way. Public Works Traffic Engineering 22 Ongoing during project operation, should the vehicle queue reach the interior private road, staff members shall be positioned at the end of the on- site queue area near the entrance to direct traffic. This measure shall be implemented for a short timeframe, as needed, until the queue dissipates. Public Works Traffic Engineering 23 The Owner/Developer shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right-of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape, or landscaping that becomes damaged during any excavation, repair, or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master CC&Rs for the project and the City easement deeds. Public Utilities Water Engineering GENERAL CONDITIONS 24 The following minimum horizontal clearances shall be maintained between proposed water main and other facilities: 10-feet minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals 5-feet minimum separation from all other utilities, including storm drains, gas, and electric 6-feet minimum separation from curb face 10-feet minimum separation from structures, footings, and trees. The following minimum clearances shall be provided around all new and existing public water facilities (e.g., water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): 10 feet from structures, footings, walls, stormwater BMPs, power poles, streetlights, and trees. 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g., storm drain, gas, electric, etc.) or above ground facilities. Public Utilities Water Engineering PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 25 All new landscaping shall be installed by the owner developer in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code and shall be maintained in perpetuity. Landscaping shall be replaced in a timely manner if it is removed, damaged, diseased and/or dead. Planning and Building Department, Planning Services Division 26 All new signage shall be installed in conformance with Chapter 18.44 “Signs” of the Anaheim Municipal Code. Separate permits for signage shall be obtained from the Planning and Building Department. Planning and Building Department, Planning Services Division 27 The facility shall operate in accordance with the Letter of Operation/Project Description submitted as part of the application. Any changes to the facility’s operation described in the Letter of Operation/Project Description shall be submitted by the owner/developer/tenant/operator subject to review and approval by the Planning and Building Director to determine substantial conformance with said letter and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division 28 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department, Planning Services Division 29 The Owner/Developer 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 and Building Department, Planning Services Division 30 The Owner/Developer shall defend, indemnify, and hold 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. Planning and Building Department, Planning Services Division PC2023-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Heather Flores, 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 July 31, 2023, by the following vote of the members thereof: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this 31st day of July, 2023. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM