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Attachment 1 - Draft Conditional Use Permit Resolution [DRAFT] ATTACHMENT NO. 1 PC2023-*** RESOLUTION NO. PC2023-*** 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- TRHOUGH 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, 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 a large commercial retail center occupied by as 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 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 (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 - 2 - PC2023-*** 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 - 3 - PC2023-*** 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 COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2023-*** PC2023-*** EXHIBIT “B” CONDITIONAL USE PERMIT (DEV2022-00049) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 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 Prepare and submit a final drainage study, including supporting hydraulic and hydrological calculations 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 3 Execute a Save Harmless Agreement with the City of Anaheim for any storm drain connections to the City’s storm drain system. The agreement shall be recorded by the applicant on the property prior to the issuance of any permits. Public Works Development Services 4 Obtain the required coverage under California’s General Permit for Stormwater Discharges associated with Construction Activity by providing 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. Public Works Development Services 5 Submit a Water Quality Management Plan (WQMP) to the City 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. 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. Public Works Development Services 6 Submit a geotechnical report to the Public Works Department for review and approval. The report shall address grading and any proposed infiltration features of the WQMP. Public Works Development Services PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 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 8 Obtain a Right-of-Way Construction Permit (RCP) from the Public Works Department and post a security for construction of all required public improvements within street right-of-way. Public Works Development Services 9 Submit an interim soils report indicating pad compaction and site stability prepared by the project's Geotechnical Engineer of Record. The pad compaction report shall include a site plan showing the compaction testing locations. Public Works Development Services 10 Provide a certificate from the project’s Registered Civil Engineer certifying that the finished grading has been completed in accordance with the City approved grading plan. Public Works Development Services 11 The legal owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department. The Certificate of Compliance shall be approved by the City Surveyor and recorded at the Orange County Recorder’s office. Public Works Development Services 12 All onsite sewer lines shall be privately owned and maintained by the property owner and shall be designed per current California Building/Plumbing Code, and shall be submitted to, reviewed, and approved by the Building Division. Public Works Development Services 13 All site 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 14 The developer shall pay all applicable development impact fees required under the Anaheim Municipal Code. Public Works Development Services 15 The developer shall pay the applicable storm drain assessment fee for the Lemon Street Storm Drain Assessment Area. Public Works Development Services 16 The Owner/Developer shall post a bond shall for all traffic related improvements including, but not limited to striping, signage, and traffic 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. Public Works Development Services 17 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works Traffic Engineering PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 18 A private water system with separate water service for fire protection and domestic water shall be provided and shown on plans submitted to the Water Division of the City of Anaheim Public Utilities Department. Public Utilities Water Engineering 19 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 20 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 21 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a five (5)-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. Public Utilities Water Engineering 22 The Car Wash shall comply with all state laws and local ordinances for Water Conservation Measures, including Chapter 10.18 of Anaheim Municipal Code and Ordinance relating to Water Reduction provisions. Public Utilities Water Engineering 23 Water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. Public Utilities Water Engineering 24 Individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim’s Water Rates, Rules, and Regulations. Public Utilities Water Engineering PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 25 Prior to approval of permits for improvement plans, the property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities Electrical Engineering 26 Prior to the connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities Easement with dimensions as shown on the approved utility service plan. Public Utilities Electrical Engineering 27 Prior to the connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities Electrical Engineering 28 All CBC and CFC requirements shall be followed for permit issuance. Any fire permits shall be submitted directly to the Anaheim Fire Prevention Bureau. Anaheim Fire Department Community Risk Reduction Division 29 An adequate water supply capable of providing minimum fire flow requirements for fire hydrants and/or fire sprinkler systems shall be met. Anaheim Fire Department Community Risk Reduction Division PRIOR TO FINAL BUILDING AND ZONING INSPECTION 30 All public improvements shall be constructed by the developer, inspected, and accepted by Construction Services prior to final building and zoning inspection. Public Works Development Services 31 All remaining fees/deposits required by the Public Works Department must be paid in full. Public Works Development Services 32 Prior to final building and zoning inspections, all required WQMP items shall be inspected and operational. Public Works Development Services 33 Record Drawings and As-Built Plans shall be submitted for review and approval to the Public Works Department, Development Services Division. Public Works Development Services 34 All fire lanes shall be posted with “NO PARKING ANY TIME.” Said information shall be specifically shown on the plans submitted for Building plan check. Public Works Traffic Engineering 35 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 PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 36 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 37 Ongoing during project operation, should the vehicle queue reach Orangethorpe Avenue, staff members shall be positioned at the end of the on-site queue near the entrances to direct traffic. This measure shall be implemented for a short timeframe, as needed, until the queue dissipates. Public Works Traffic Engineering 38 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 39 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 40 No public water main or public water facilities shall be installed in private alleys or paseo areas. Public Utilities Water Engineering 41 No public water mains or laterals allowed under parking stalls or parking lots. Public Utilities Water Engineering PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 42 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 43 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 44 The facility shall be constructed and operated in accordance with the Conditional Use Permit Request and Justification Letter submitted as part of the application. Any changes to the facility’s operation shall be submitted by the owner/developer/tenant/operator subject to review and approval by the Planning and Building Director to determine substantial conformance and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division 45 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 46 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 47 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 October 23, 2023, by the following vote of the members thereof: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of October 2023. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM