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Attachment 1 - Draft Conditional Use Permit and Administrative Adjustment 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 DRIVE-THROUGH RESTAURANT AND AN ADMINISTRATIVE ADJUSTMENT TO PERMIT FEWER PARKING SPACES THAN REQUIRED BY CODE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2022-00060) (30 EAST ORANGETHORPE AVENUE AND 1636 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 2,100 square foot drive-through restaurant and an administrative adjustment to permit fewer parking spaces than required by the Zoning Code (the “Proposed Project”) for that certain real property located at 30 East Orangethorpe Avenue and 1636 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 0.58-acres in area and is currently developed with a five-unit commercial retail center and a smog test facility. The property 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, 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 that the effects of the Proposed Project are Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15061 (b)(3) – Common Sense Exemption. The request consists of constructing a new restaurant with a single drive-through lane for a property zoned for commercial uses. This request also includes a request for fewer parking spaces than required by Code, which - 2 - PC2023-*** is permitted through an administrative adjustment by the Code. This request will not affect the adjoining land uses, is not anticipated to cause any detriment to the health and safety of the particular area, and would not impose an undue burden upon the roadways. There are no unusual circumstances with respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is 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 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 retail and restaurant uses in the vicinity. In addition, the proposed uses and development would be consistent with the commercial retail and land use pattern in the vicinity and the neighboring commercial shopping centers located in the City of Fullerton. 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 nearby existing uses. The project has been designed to provide adequate circulation, meet all landscape and structural setbacks, and would not affect the adjoining land 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 application was reviewed by the City’s Traffic and Transportation Division, and it was determined that there will not be any significant traffic impacts as a result of the drive-through use, and there will be adequate vehicular queueing for the proposed 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 in the area. Conditions of approval are included to ensure that the drive-through restaurant would be properly maintained and remain compatible with the uses in the surrounding area. 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 an administrative adjustment, does find and determine the following facts: 1. The adjustment is consistent with the purposes and intent of the Zoning Code. The applicant requests an administrative adjustment to allow for fewer parking spaces than required by the Code. The Code permits a deviation of up to 20% from the parking requirements through an administrative adjustment. The square footage of the new drive-through restaurant would be 2,100 square feet and would require 21 parking spaces. The site is designed to provide a total of 19 - 3 - PC2023-*** parking spaces, which is two less than required by Code, representing a 10% reduction. The applicant provided a Parking Demand Assessment that surveyed three Pollo Campero restaurants where the observed parking demand was 13 spaces. Based on the findings from the Parking Demand Assessment, staff believes that the proposed 19 parking spaces would provide adequate parking for the proposed project. 2. The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require adjustment. The applicant analyzed alternative options that would comply with the parking requirements in the Code. These options included reducing the dining room seating or the overall size of the building. A reduction of the dining room or overall building size would greatly impact daily restaurant operations. The dining room area is approximately 350 square feet in size and any reduction in the square footage would significantly reduce the dining room area. 3. The proposed administrative adjustment will not produce a result that is out of character or detrimental to the neighborhood as other restaurant locations within the vicinity of the project site are similar in size or smaller. There are other restaurants in the area that have similarly sized buildings with drive-through lanes. Additionally, a new 2,350 square foot drive-through restaurant is proposed in the adjacent commercial retail center to the east. The reduction of two parking spaces would not be out of character or detrimental to the neighborhood as the parking assessment for the project identified that 19 spaces would be adequate to support the restaurant. 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 and administrative adjustment 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 - 4 - PC2023-*** 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 ADMINISTRATIVE ADJUSTMENT (DEV2022-00060) 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 submit a set of improvement plans for Public Utilities Department Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Public Utilities Department 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 Subject to prior approval by City Engineer, a cash-in-lieu payment based on the engineer’s cost estimate, in an amount determined by the City Engineer, shall be paid to the City of Anaheim for the future ADA compliant curb ramp at the corner of Lemon Street and Orangethorpe Avenue. Public Works Development Services 10 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 11 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 12 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 13 The legal owner shall submit a Lot Line Adjustment document to the Public Works Department for review and approval. The document shall be approved by the City Surveyor and recorded, along with its conforming deed, at the Orange County Recorder’s office. Public Works Development Services 14 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 15 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 16 The developer shall pay all applicable development impact fees required under the Anaheim Municipal Code. Public Works Development Services 17 The developer shall pay the applicable storm drain assessment fee for the Lemon Street Storm Drain Assessment Area. Public Works Development Services PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 18 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 19 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 20 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 21 Prior to the issuance of building permits, plans shall show R3-5(R) (RIGHT- TURN-ONLY) signs and right-turn arrow pavement legends at the driveways on Lemon Street and Orangethorpe Avenue. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works Traffic Engineering 22 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 23 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 Department Water Engineering 24 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 Department Water Engineering 25 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 Department Water Engineering 26 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 PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 27 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 28 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 29 All remaining fees/deposits required by the Public Works Department must be paid in full. Public Works Development Services 30 Prior to final building and zoning inspections, all required WQMP items shall be inspected and operational. Public Works Development Services 31 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 32 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 Department Water Engineering OPERATIONAL CONDITIONS 33 Ongoing during project operations, 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 34 Ongoing during project operation, should the vehicle queue reach Lemon Street, 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 GENERAL CONDITIONS 35 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. Public Utilities Department Water Engineering PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 36 No public water mains or laterals allowed under parking stalls or parking lots. Public Utilities Department Water Engineering 37 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 38 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 39 The facility shall be constructed and operated in accordance with the Letter of 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 40 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 41 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 42 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, Planning and Building Department, PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 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