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Resolution-PC 2023-024RESOLUTION NO. PC2023-024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A NEW 2,350 SQUARE FOOT DRIVE - THROUGH RESTAURANT AND A NEW 3,600 SQUARE FOOT CAR WASH FACILITY AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2022-00049) (88 - 96 EAST ORANGETHORPE AVENUE AND 1632 NORTH LEMON STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for a conditional use permit to construct a new 2,350 square foot drive -through restaurant and, a new 3,600 square foot car wash facility (the "Proposed Project") in conjunction with a request for a variance to permit two new freestanding signs within the ultimate right-of-way for that certain real property located at 88-96 East Orangethorpe Avenue and 1600-1632 North Lemon 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 10 acres in size and consists of two properties developed as a large commercial retail center occupied by a Walmart Super Center, an automotive repair business, a vacant retail store, and a Sonic Drive -In restaurant. The project site is designated for Regional Commercial land uses in the General Plan. The property is located in the "C-G" General Commercial Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Zoning Code ("the Code"); and WHEREAS, Automotive -Washing and Drive -Through Facilities require a conditional use permit subject to the approval of the Planning Commission pursuant to Subsection .040 of Section 18.08.030 (Uses); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 23, 2023, at 5:00 p.m., with 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 Code, to hear and consider evidence for and against 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 (Title 14 of the California Code of Regulations,; 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 the Proposed Project; and WHEREAS, the Planning Commission finds and determines that this project is Categorically 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 and car wash facilities 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. The project proposes to construct two buildings not exceeding 5,950 square feet in an existing shopping center. 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 for which staff would anticipate 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: 1. The Proposed Project is an allowable use within the "C-G" General Commercial Zone Section 18.08.030 (Uses) of the Code, subject to a conditional use permit for Automotive — Washing and Drive -Through Facilities. 2. The Proposed Project, as conditioned herein, would not adversely affect the growth and development of the surrounding land uses in that the Proposed Project would be compatible and consistent with other restaurant uses and car wash facilities in the surrounding area. The site is located along a developed commercial corridor and is nearby commercial retail shopping centers in the City of Fullerton that are developed with similar uses as those proposed. 3. The size and shape of the Property 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 and would allow for the full development of the Proposed Project without conflicting with existing uses. 4. 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. The City's Traffic and Transportation Division has reviewed the queuing analyses for both uses and the Parking Demand Memo for the car wash facility and has determined that neither the proposed drive - through restaurant nor the car wash facility would have a significant impact on traffic, that there would be adequate on -site circulation, and that adequate queuing would be provided for each use through the design of the drive -through lanes. 5. 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 because the Proposed Project would not substantially change the nature of the uses on the property, would not increase the need for additional parking spaces, and would be compatible with the uses in the surrounding area, subject to the conditions contained herein. 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 - 2 - PC2023-024 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 the 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 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 October 23, 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 COM SSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2023-024 EXHIBIT "A" DEV NO.2022-00049 APN: j 073-090-30 073-090- i ii i E ORANGETHORPE AVE i I a 3 J N_ Z v'f z 0 W J z E D.URST ST 1 1 ORANGEFAiR AVE 1 1 1 s° 10O Source: Recorded Tract Maps and/or City GIS. Fee Please note the accuracy is +/- two to five feet. PC2023-024 EXHIBIT "B" CONDITIONAL USE PERMIT (DEV2022-00049) RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 Prepare and submit a final grading plan showing building footprints, pad Public Works elevations, finished grades, drainage routes, retaining walls, erosion control, Development Services slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. 2 Prepare and submit a final drainage study, including supporting hydraulic Public Works and hydrological calculations to the City of Anaheim for review and Development Services 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. 3 Execute a Save Harmless Agreement with the City of Anaheim for any Public Works storm drain connections to the City's storm drain system. The agreement Development Services shall be recorded by the applicant on the property prior to the issuance of any permits. 4 Obtain the required coverage under California's General Permit for Public Works Stormwater Discharges associated with Construction Activity by providing Development Services a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) number. 5 Submit a Water Quality Management Plan (WQMP) to the City for review Public Works and approval. The WQMP shall be consistent with the requirements of Development Services Section 7 and Exhibit 7.II of the Orange County Drainage Area Management Plan (DAMP) for New Development/Significant Redevelopment projects. The WQMP shall 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. 6 Submit a geotechnical report to the Public Works Department for review Public Works and approval. The report shall address grading and any proposed infiltration Development Services features of the WQMP. PC2023-024 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 7 The Owner/Developer shall install an approved backflow prevention Public Utilities Water assembly on the water service connection(s) serving the property, behind Engineering property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. PRIOR TO ISSUANCE OF BUILDING PERMITS 8 Obtain a Right -of -Way Construction Permit (RCP) from the Public Works Public Works Department and post a security for construction of all required public Development Services improvements within street right-of-way. 9 Submit an interim soils report indicating pad compaction and site stability Public Works prepared by the projects Geotechnical Engineer of Record. The pad Development Services compaction report shall include a site plan showing the compaction testing locations. 10 Provide a certificate from the project's Registered Civil Engineer certifying Public Works that the finished grading has been completed in accordance with the City Development Services approved grading plan. 11 The legal owner shall submit an application for a Subdivision Map Act Public Works Certificate of Compliance to the Public Works Department. The Certificate of Development Services Compliance shall be approved by the City Surveyor and recorded at the Orange County Recorder's office. 12 All onsite sewer lines shall be privately owned and maintained by the property Public Works owner and shall be designed per current California Building/Plumbing Code, Development Services and shall be submitted to, reviewed, and approved by the Building Division. 13 All site landscape plans shall comply with the City of Anaheim adopted Public Works Landscape Water Efficiency Guidelines. This ordinance is in compliance with Development Services the State of California Model Water Efficient Landscape Ordinance (AV 1881). 14 The developer shall pay all applicable development impact fees required under Public Works the Anaheim Municipal Code. Development Services 15 The developer shall pay the applicable storm drain assessment fee for the Public Works Lemon Street Storm Drain Assessment Area. Development Services 16 The Owner/Developer shall post a bond shall for all traffic related Public Works improvements including, but not limited to striping, signage, and traffic Development Services signal modifications as required for said project. All improvements identified as required for the project opening shall be completed prior to final building and zoning inspection. 17 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel Public Works parking in the drive aisles. Red curb locations shall be clearly labeled on Traffic Engineering building plans. PC2023-024 RESPONSIBLE NO. CONDITIONS OF APPROVAL A private water system with separate water service for fire protection and DEPARTMENT Public Utilities 18 domestic water shall be provided and shown on plans submitted to the Water Water Engineering Division of the City of Anaheim Public Utilities Department. 19 All backflow equipment shall be located above ground outside of the street Public Utilities setback area in a manner fully screened from all public streets and alleys. Water Engineering 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. 20 All requests for new water services, backflow equipment, or fire lines, as Public Utilities well as any modifications, relocations, or abandonments of existing water Water Engineering services. backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an Public Utilities 21 easement for all large domestic above -ground water meters and fire Water Engineering hydrants, including a five (S)-foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls, or landscaping that becomes damaged during any excavation, repair, or replacement of City owned water facilities. Provisions for the repair, replacement, and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. The Car Wash shall comply with all state laws and local ordinances for Public Utilities 22 Water Conservation Measures, including Chapter 10.18 of Anaheim Water Engineering Municipal Code and Ordinance relating to Water Reduction provisions. Water improvement plans shall be submitted to the Water Engineering Public Utilities 23 Division for approval and a performance bond in the amount approved by Water Engineering the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. Individual water service and/or fire line connections will be required for Public Utilities 24 each parcel or residential, commercial, industrial unit per Rule 18 of the City Water Engineering of Anaheim's Water Rates, Rules, and Regulations. PC2023-024 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 25 Prior to approval of permits for improvement plans, the property Public Utilities owner/developer shall coordinate with Electrical Engineering to establish Electrical Engineering electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 26 Prior to the connection of electrical service, the legal owner shall provide to Public Utilities the City of Anaheim a Public Utilities Easement with dimensions as shown Electrical Engineering on the approved utility service plan. 27 Prior to the connection of electrical service, the legal owner shall submit Public Utilities payment to the City of Anaheim for service connection fees. Electrical Engineering 28 All CBC and CFC requirements shall be followed for permit issuance. Any Anaheim Fire fire permits shall be submitted directly to the Anaheim Fire Prevention Department Bureau. Community Risk Reduction Division An adequate water supply capable of providing minimum fire flow Anaheim Fire 29 requirements for fire hydrants and/or fire sprinkler systems shall be met. Department Community Risk Reduction Division PRIOR TO FINAL BUILDING AND ZONING INSPECTION All public improvements shall be constructed by the developer, inspected, Public Works 30 and accepted by Construction Services prior to final building and zoning Development Services inspection. All remaining fees/deposits required by the Public Works Department Public Works 31 must be paid in full. Development Services Prior to final building and zoning inspections, all required WQMP items shall Public Works 32 be inspected and operational. Development Services Record Drawings and As -Built Plans shall be submitted for review and Public Works 33 approval to the Public Works Department, Development Services Development Services Division. All fire lanes shall be posted with "NO PARKING ANY TIME." Said Public Works 34 information shall be specifically shown on the plans submitted for Building Traffic Engineering plan check. The Owner/Developer shall install an approved backflow prevention Public Utilities Water 35 assembly on the water service connection(s) serving the property, behind Engineering property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. OPERATIONAL CONDITIONS PC2023-024 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 36 Ongoing during project operations, vehicle deliveries including loading and Public Works unloading shall be performed on site. Delivery vehicles shall not block any Traffic Engineering part of the public right of way. 37 Ongoing during project operation, should the vehicle queue reach Public Works Orangethorpe Avenue, staff members shall be positioned at the end of the Traffic Engineering on -site queue near the entrances to direct traffic. This measure shall be implemented for a short timeframe, as needed, until the queue dissipates. The Owner/Developer shall be responsible for restoring any special surface Public Utilities Water 38 improvements, other than asphalt paving, within any right-of-way, public Engineering 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. GENERAL CONDITIONS The following minimum horizontal clearances shall be maintained between Public Utilities Water 39 proposed water main and other facilities: Engineering • 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. No public water main or public water facilities shall be installed in private=Publicities Water 40 alleys or paseo areas. eering No public water mains or laterals allowed under parking stalls or parking Public Utilities Water 41 lots. Engineering PC2023-024 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 42 All new landscaping shall be installed by the owner developer in planning and Building conformance with Chapter 18.46 "Landscape and Screening" of the Department, Anaheim Municipal Code and shall be maintained in perpetuity. Landscaping shall be replaced in a timely manner if it is removed, damaged, planning Services diseased and/or dead. Division H3g All new signage shall be installed in conformance with Chapter 18.44 planning and Building 43 "Signs" of the Anaheim Municipal Code. Separate permits for signage shall Department, be obtained from the Planning and Building Department. Planning Services Division The facility shall be constructed and operated in accordance with the planning and Building 44 Conditional Use Permit Request and Justification Letter submitted as part Department, of the application. Any changes to the facility's operation shall be submitted subject to review and approval by planning Services by the owner/developer/tenant/operator the Planning and Building Director to determine substantial conformance Division and to ensure compatibility with the surrounding uses. The property shall be developed substantially in accordance with plans and planning and Building 45 specifications submitted to the City of Anaheim by the applicant and which Department, plans are on file with the Planning Department and as conditioned herein. Planning Services Division 46 The Owner/Developer is responsible for paying all charges related to Teanning within 30 days of and Building Department, processing of this discretionary case application to the issuance of building permits issuance of the final invoice or prior this whichever occurs first. Failure to pay all charges shall result in Planning Services Division project, delays in the issuance of required permits or may result in the revocation of the approval of this application. The Owner/Developer shall defend, indemnify, hold harmless the C fy Ito lanning and Building 47 and its officials, officers, employees and agents (collectively referred "Indemnitees") from any and all claiPlanning Department, individually and collectively as brought against Indemnitees to attack, review, set Services actions or proceedings aside, void, or annul the decision of the Indemnitees concerning this permit Division or any of the proceedings, acts or determinations taken, done, or made prior legality or validity of to the decision, or to determine the reasonableness, attached thereto. The Applicant's indemnification is intended any condition 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. PC2023-024 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 October 23, 2023, by the following vote of the members thereof: AYES: Chairperson Kring, Vice Chairperson Henninger, and Commissioners Castro, Lieberman, Perez, and Tran-Martin. 0t91-9.Y ABSENT: Commissioner Walker IN WITNESS WHEREOF, I have hereunto set my hand this 23`d day of October 2023. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2023-024