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Staff Report 200 S. Anaheim Blvd. Suite 162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 1 PLANNING COMMISSION REPORT City of Anaheim PLANNING & BUILDING DEPARTMENT DATE: OCTOBER 23, 2023 SUBJECT: DEVELOPMENT APPLICATION NO. 2022-00049 LOCATION: 88-96 East Orangethorpe Avenue and 1600-1632 North Lemon Street APPLICANT/PROPERTY OWNER: The agent is Patrick Meyer representing the applicants and owners, Phil Sirianni and Eric Mangelsen of Rossmore Enterprises. REQUEST: The applicant requests approval of a conditional use permit to construct a new 2,350 square foot drive-through restaurant, a new 3,600 square foot car wash facility, and a variance to permit two new freestanding signs within the ultimate right- of-way. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt under the California Environmental Quality Act (CEQA) Section 15303 (Class 3, New Construction or Conversion of Small Structures) and approving Development Application No. 2022-00049. BACKGROUND: The project site is approximately 10 acres and consists of two properties developed with 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 in the “C-G” General Commercial Zone and is designated for Regional Commercial land uses in the General Plan. The surrounding uses include a Lowes Home Improvement center to the south, industrial uses to the east, commercial and retail uses to the north across Orangethorpe Avenue, and commercial uses in the City of Fullerton to the west across Lemon Street. PROPOSAL: The applicant proposes to construct a new 2,350 square foot Ono Hawaiian restaurant with dual drive-through lanes and a new 3,600 square foot Quick Quack car wash facility with 18 vacuum stall spaces. The car wash facility is proposed at the northeast portion of the property and would replace the existing vacant retail store and the automotive repair building. The drive-through restaurant would be constructed just west of the car wash facility. Development Application No. 2022-00049 October 23, 2023 Page 2 of 10 Site Plan The Ono Hawaiian restaurant is designed with access from Orangethorpe Avenue and from the commercial retail center. A dual queuing lane with a capacity for 11 vehicles is proposed along with a small outdoor patio adjacent to Orangethorpe Avenue. A new trash enclosure would be constructed to the south of the building adjacent to the drive-through vehicle entrance. The car wash facility is designed for vehicles to enter at the south of the car wash property into a dual-lane design which can accommodate up to 23 vehicles. There are a total of 22 spaces where customers can park to vacuum or finish drying their vehicles. The applicant has indicated that the car wash Development Application No. 2022-00049 October 23, 2023 Page 3 of 10 facility would employ 18 to 20 employees, with two to three employees on-site at any given time. A separate trash enclosure would be constructed between the vacuum parking spaces and the entrance to the car wash facility. Landscape Plan Enhanced landscaping would be installed for both new buildings and throughout the two new business locations. Additional site improvements such as pedestrian walkways throughout the property and parking improvements are also proposed. The property owner is currently remodeling the multi-tenant commercial building identified as Building C, which faces Lemon Street adjacent to Walmart. This remodel is not a part of the current request but is part of the overall remodel of the property. The applicant also proposes to construct three new freestanding signs. Two signs are proposed on Lemon Street and one sign is proposed on Orangethorpe Avenue. The northern sign on Lemon Street and the sign on Orangethorpe Avenue are proposed to replace existing non -conforming pole signs. The southern sign proposed on Lemon Street would be located in front of Building C just north of the Walmart truck docks. Development Application No. 2022-00049 October 23, 2023 Page 4 of 10 Sign Locations Both the restaurant and car wash building elevations would incorporate various modern architectural features, including a varied roofline, steel canopies over customer entrances, aluminum awnings, a trellis structure, and various stucco finishes. The Ono Hawaiian restaurant would include wood panels, plaster cement panels, an aluminum storefront with several windows, and a metal trellis structure at the outdoor patio area that wraps around to the building entrance on the west of the building. The Quick Quack car wash facility would be similar in design to their other locations throughout the City. Elevations would incorporate different color split-face concrete masonry wall units as the structural component of the building. The remainder of the building would include acrylic plaster Development Application No. 2022-00049 October 23, 2023 Page 5 of 10 panels, metal architectural features such as awnings and metal fascia on the roof, and faux windows throughout the building. The colors used at this location would include gray, yellow, and green. The canopies located at the vacuum parking spaces and at the payment stations are made of metal material and would incorporate the same green color finish. Ono Hawaiian Restaurant Building Elevations Development Application No. 2022-00049 October 23, 2023 Page 6 of 10 Quick Quack Building Elevations FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use 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; 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; and 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. The Zoning Code (“the Code”) permits drive-through restaurants and car wash facilities in the “C- G” Zone subject to the approval of a conditional use permit to ensure compatibility with the surrounding area and uses. Through the conditional use permit process, conditions of approval may be imposed to ensure that the uses would operate in a manner that does not create nuisances, Development Application No. 2022-00049 October 23, 2023 Page 7 of 10 affect the general health and welfare of the community, and not adversely affect surrounding properties. The proposed drive-through restaurant and car wash facility would not adversely affect the existing uses in the vicinity and would be compatible and consistent with other commercial and retail uses in the surrounding area. The proposed project is consistent with the commercial retail and land use pattern in the vicinity. The size and shape of the property would allow for the full development of the proposed use; and the proposed use would not be detrimental to the area or the general health and safety of the community. The property with the two proposed uses requires 489 parking spaces and 521 parking spaces are proposed. The City’s Traffic and Transportation Division has reviewed the queuing analysis for the drive- through restaurant along with the Queuing Analysis and Parking Demand Memo for the car wash facility and 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. The Parking Demand Memo for the car wash facility estimates that approximately 60 percent of the customers who use the car wash facility would use the vacuum stations. Quick Quack would also post rules to limit the amount of time that a customer can use the vacuum station to 10 minutes. The review considers also that the site is located along a developed commercial corridor and neighbors in the City of Fullerton commercial retail shopping centers are developed with similar uses as those proposed. There are other restaurants in the area that have similarly sized buildings with drive-through lanes. Additionally, a new 2,100 square foot drive-through restaurant is proposed in the adjacent parcel to the west. Fire and emergency service access was deemed adequate by the Fire and Rescue Department, and sanitation service was deemed adequate by the Public Works Streets and Sanitation Division. The traffic generated by the proposed use would not impose an undue burden on streets and highways in the area. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. Conditions of approval are included in the draft resolution to ensure the drive-through restaurant and the car wash facility will be properly maintained and compatible with the area and adjacent land uses. Variance: Before the Planning Commission may approve a variance, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That there are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2) That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. The applicant requests a variance to permit two new freestanding signs. The Code requires that freestanding signs shall not project over an existing or future street or highway right-of-way, as set forth in the Circulation Element of the General Plan. The applicant proposes to construct two new signs on Lemon Street within the ultimate right-of-way. The ultimate right-of-way is located Development Application No. 2022-00049 October 23, 2023 Page 8 of 10 15 feet from the existing property line. The applicant’s request is to place the signs in the existing landscaped planter which is within the ultimate right-of-way. Placing the signs outside of the ultimate right-of-way would not be feasible because the signs would be in the existing parking lot drive aisle. Sign Placement and 15-Foot Dedication along Lemon Street There are special circumstances applicable to the property, including location and surroundings, which do not apply to other property under identical zoning classification in the vicinity. Building C was constructed in 1967 and designed with a drive-aisle and parking spaces between the building Development Application No. 2022-00049 October 23, 2023 Page 9 of 10 and Lemon Street. The existing landscape planter is in the ultimate right-of-way and the parking spaces and drive aisle are located within the required 10-foot setback. Because of these special circumstances, strict application of the Zoning Code would deprive the property of privileges enjoyed b y other property under identical zoning classification in the vicinity. The two businesses to the north of this property, the smog check facility and commercial retail center, each have signs located within the ultimate right-of-way. Lemon Street is identified as a Secondary Arterial in the Circulation Element of the General Plan with an ultimate street width of 120 feet. The current width of Lemon Street is 90 feet, and an additional 15 feet is required for the ultimate width on the eastern side of the street. There are no plans to widen Lemon Street at this time, however when the street is widened the proposed signs would need to be removed to allow for the improvement of the street. A condition of approval has been included in the resolution that would require the property owner to record a subordinated covenant agreeing to remove the freestanding signs at no cost to the City at the time of the street widening. When the widening occurs, the property owner will need to redesign the property and relocate the signs to comply with Code location requirements. Environmental Impact Analysis: Staff recommends that the Planning Commission find that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per 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. 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 that would cause a significant effect on the environment and, therefore, the proposed project would be categorically exempt from the provisions of CEQA. CONCLUSION: Staff believes that the necessary findings exist to approve the requested conditional use permit and variance. The request includes new construction and refurbishment of the property that will enhance the commercial retail center. Staff supports this request and recommends approval of the project. Prepared by, Submitted by, Ivan Orozco Scott Koehm, AICP Associate Planner Principal Planner Attachments: 1. Draft Conditional Use Permit Resolution 2. Draft Variance Resolution 3. Project Plans Development Application No. 2022-00049 October 23, 2023 Page 10 of 10 4. Conditional Use Permit Request and Justification Letter 5. Variance Justification Letter 6. Drive-Through Queuing Analysis 7. Quick Quack Parking Demand Memorandum 8. Aerial and Vicinity Maps