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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 CONVERT AN EXISTING OFFICE STRUCTURE INTO A NEW RESTAURANT-GENERAL AND AN ADMINISTRATIVE ADJUSTMENT TO PERMIT A LANDSCAPE SETBACK LESS THAN REQUIRED BY CODE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2023-00013) (700 South Euclid Street) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for a conditional use permit to convert an existing office structure into a Restaurant-General for a new 1,240 square foot coffee shop and an administrative adjustment to permit a landscape setback less than required by the Zoning Code (the “Proposed Project”) for that certain real property located at 700 South Euclid Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.14-acres in area and is currently developed with an existing office structure. The property is designated for Office-Low land uses in the General Plan. The property is located in the “O-L” Low Intensity Office Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the “Code”); and WHEREAS, Restaurants-General in the “O-L” Zone require a conditional use permit subject to the approval of the Planning Commission pursuant to Subsection .040 of Section 18.08.030 (Uses) and administrative adjustments in conjunction with a project that requires Planning Commission action are subject to review and approval by the Planning Commission pursuant to Section .040 of Chapter 18.62 (Administrative Reviews) and Section .080 of Chapter 18.60 (Procedures); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 4, 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 - 2 - PC2023-*** 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 15303, Class 3 (New Construction or Conversion of Small Structures). The Class 3 exemption includes the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the str ucture, including restaurants in urbanized areas not exceeding 10,000 square feet. The existing office structure would remain and be converted into a restaurant. A portion of the office structure would be demolished to accommodate an outdoor dining area. There is no expansion of the existing footprint. Site improvements consist of new landscaping and an outdoor dining area. 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 “O-L” Low Intensity Office Zone Section 18.08.030 (Uses) of the Code, subject to a conditional use permit for Restaurant – General. 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 along Euclid Street. In addition, the proposed use and development would be consistent with the commercial land use pattern in the vicinity and the neighborhood serving land uses. 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 Proposed Project has been designed to maintain all operations on-site, provide adequate circulation and parking, and meet all outdoor dining requirements without affecting the adjoining land uses. 4. The traffic generated by the Proposed Project 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 restaurant as it would not exceed 100 trips during AM and PM peak hours. Adequate fire truck and emergency service access, and sanitation services access would be provided. 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 restaurant would be properly maintained and remain compatible with the uses in the surrounding area. - 3 - PC2023-*** 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: SECTION NO. 18.08.060.010.0101 Minimum landscaped setback. (10 feet required; 8 feet proposed) 1. The adjustment is consistent with the purposes and intent of the Zoning Code. The applicant requests an administrative adjustment to permit a landscape setback less than required by the Code. The Code permits a deviation of up to 20% from the front landscape setback through an administrative adjustment. The request is for a 20% deviation. 2. The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require adjustment. The project would maintain 15 feet of landscaping from the existing right of way. The project does not require any dedication on Euclid Street. The two-foot reduction in the landscape setback is an existing condition from the original development of site. The reduction in the front landscape setback does not impact the operation of the restaurant, number of parking spaces, or outdoor dining area. 3. The proposed administrative adjustment will not produce a result that is out of character or detrimental to the neighborhood as other properties within the vicinity of the project site are developed with a non-conforming front landscape setback. The reduction of two-foot landscape setback would not be out of character or detrimental to the neighborhood as the existing condition would not impact the adjacent neighborhood. 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 pres ented 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. - 4 - PC2023-*** 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 December 4, 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 (DEV2023-00013) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 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 2 Prior to approval of permits for improvement plans, the property Owner/Developer shall coordinate with Public Utilities Department 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 3 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 Public Utilities Department 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 4 All CBC and CFC requirements shall be followed for permit issuance. Any fire permits which include fire sprinklers, fire alarm, etc. shall be submitted directly to Anaheim Fire and Rescue Department. Anaheim Fire and Rescue Department Community Risk Reduction Division PRIOR TO FINAL BUILDING AND ZONING INSPECTION 5 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 6 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter. Police Department Planning & Research 7 Building shall be equipped with a comprehensive security alarm system (silent or audible) for the following coverage areas: a) Perimeter of building and access route protection. b) High valued storage areas. Police Department Planning & Research PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 Address numbers shall be positioned to be readily readable from the street. Number should be illuminated during hours of darkness. Police Department Planning & Research 9 Rooftop address numbers shall be installed on the roof of the building for the police helicopter. Minimum size 4’ in height and 2’ in width. The lines of the numbers are to be a minimum of 6” thick. Numbers should be spaced 12” to 18” apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. Police Department Planning & Research 10 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. Police Department Planning & Research 11 All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Police Department Planning & Research 12 “No Trespassing 602(k) P.C.” shall be posted at the entrances of parking lots/structures and located in other appropriate places. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering. Police Department Planning & Research 13 All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/manager’s request. Police Department Planning & Research OPERATIONAL CONDITIONS 14 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 Department Traffic Engineering 15 That ongoing during project operations, all vehicles associated with the facility shall be parked on-site and be prohibited from parking on public and private streets in the vicinity. Public Works Department Traffic Engineering 16 That ongoing during project operations, the facility shall operate per the operations plan provided. Public Works Department Traffic Engineering PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 17 Alley shall remain clear and the drivable surface and shall not be modified from existing design. Anaheim Fire and Rescue Department Community Risk Reduction Division GENERAL CONDITIONS 18 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 Department Water Engineering 19 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 20 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 21 The facility shall be constructed and operated in accordance with the Letter of Request and Justification 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 22 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 PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 23 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 24 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 December 4, 2023, by the following vote of the members thereof: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of December 2023. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM