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Resolution-PC 2010-080RESOLUTION NO. PC2010 -080 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT CLASS 15 AND CLASS 32 CA'T'EGORICAL EXEMPTIONS ARE THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING TENTATIVE PARCEL MAP NO. 2010 -109 AND CONDITIONAL USE PERMIT NO. 2010 -05500 (DEV2010- 00063) (800 — 814 NORTH BROOKHURST STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Parcel No. 2010 -109 and Conditional Use Permit No. 2010 -05500 to subdivide a 9.45 acre property into two commercial lots and construct a new 2,192 square foot, fast food drive - through restaurant and for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A ", attached hereto and incorporated herein by this reference. WHEREAS, this property is currently developed with a home improvement store located in the General Commercial (C -G) BCC (Brookhurst Corridor Overlay) zone and the Anaheim General Plan designates the property for general commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 13, 2010, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed tentative parcel map and conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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 tentative parcel map, does find and determine the following facts: 1. That the proposed subdivision, including its design and existing improvements, is consistent with the Anaheim General Plan and the development standards contained in the General Commercial (C -G) BCC (Brookhurst Corridor Overlay) zone. 2. That the site is physically suitable for the type of proposed commercial subdivision. 3. That the design of the subdivision and the proposed improvements will observe all existing easements for the use of, or access through the property and are not likely to cause serious public health problems, as the site is currently developed with an asphalt parking lot and all proposed construction will occur on land already paved for parking. 4. That the existing layout of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as -1 - PC2010 -080 the site is developed with an asphalt parking lot and no sensitive environmental habitat has been identified. WHEREAS, the Planning Commission does further find and determine that the request for a conditional use permit should be approved for the following reasons: 1. The request to construct a new 2,950 square foot Burger King fast food drive - through restaurant is properly one for which a conditional use permit is authorized under Code Section Nos. 18.08.030 (Primary Uses, Commercial Zones) of the Anaheim Municipal Code. 2. The proposed fast food drive- through restaurant, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the site is currently utilized as a commercial use with no adverse affects to adjoining land uses. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety of the citizens of Anaheim because a fast food drive - through restaurant will not impact the development of the area. 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 because the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area and further the results of parking analysis indicate that 499 parking spaces are sufficient for both the restaurant and home improvement store. 5. 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 as the proposed land use will continue to be compatible with the surrounding area because this use is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 15 (Minor Land Divisions) and Class 32 (In -fill Development Projects) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Tentative Parcel Map No. 2010 -109 and Conditional Use Permit No. 2010 -05500 and subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal 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 (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 2 - PC2010 -080 BE IT FURTHER RESOLVED, that this tentative parcel map and conditional use permit are approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 Anaheim Municipal Zoning 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 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 the revocation of the approval of this application. meeting of September 13, 2010. ATTEST: THE FOREGOING RESOLUTION was adopted at the Planning Commission SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAN, A AHEIM CITY PLANNING COMMISSION - 3 - PC2010 -080 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris. Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 13, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AMENT IN WITNESS WHEREOF, I have hereunto set my hand this 13 day of September 2010. r SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010 -080 • I 1 APN : 072-060-651 0 50 ]00 r -„ c (co' 322.68' EXHIBIT "A" DEV2010 -00063 31 0.54' W GRAMERCY AVE 1 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. • • 11010 - - PC2010 -080 NO. CONDITIONS OF APPROVAL PRIOR TO BUILDING PERMIT 1 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 service requirement and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 2 Any new backflow equipment shall be located above ground 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 before submittal for Building permits. 3 Prior to 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. PRIOR TO CONSTRUCTION 4 All requests for new water services or fire lines, as well as any modification, relocations, or abandonments of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 5 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. PRIOR TO PARCEL MAP APPROVAL 6 EXHIBIT `B" TENTATIVE PARCEL MAP NO. 2010-109 AND CONDITIONAL USE PERMIT NO. 2010-05500 (DEV2010- 00063) Vehicular access rights to Brookhurst Street shall be - 6 - SIGNED OFF REVIEW BY BY Public Utilities, Electrical Engineering Water Engineering Public Utilities, Electrical Engineering Water Engineering Public Utilities, Electrical Engineering Public Works, PC2010 -080 NO. CONDITIONS OF APPROVAL 7 GENERAL released and relinquished to the City of Anaheim, except at the existing intersection at Sequoia Avenue, on the final Parcel Map A vehicular access agreement, across Parcel B for the benefit of Parcel A, shall be submitted for review and approval by Planning and in a form approved by the City Attorney. The agreement shall be recorded concurrently with the Parcel Map. 8 That ongoing and during project operation, no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 9 That 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 permits. 10 Prior to final building and zoning inspection, fire lanes shall be posted with "No Parking Any Time." Said information shall be specifically shown on plans submitted for building permits. 11 Roof -top address numbers for the police helicopter shall be a minimum size of 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. 12 The business shall be equipped with an alarm system (silent or audible). 13 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, or it can be downloaded from the following web site: http: f /www.anaheim.net/article.asp ?id =678 - 7 - SIGNED OFF REVIEW BY BY Development Services Planning Division Code Enforcement Public Works, Traffic & Transportation Division Public Works, Traffic & Transportation Division Police Department Police Police Department PC2010 -080 SIGNED OFF NO. CONDITIONS OF APPROVAL REVIEW BY BY 14 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be illuminated during hours of darkness. 15 Monument signs and addresses shall be well lighted during hours of darkness. 16 Adequate lighting of parking lots and grounds contiguous to buildings shall be provided with lighting of a minimum one -foot candle 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. 17 Wide -angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised. 18 Rear entrance doors shall be numbered in the same address numbers or suite number of the businesses. Minimum height of 4 inches recommended. 19 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob /lever /turn piece. 20 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. 21 "No Trespassing 602(k) P.C." sign posted at appropriate place where visible to the public. Sign must be at least 2'x1' in overall size, with white background and black 2" lettering. 22 File Emergency Listing Card, Form APD -281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: http:/ /www.anaheim.net /article.asD ?id =678 Police Department Police Department Police Department Police Department Police Department Police Department Police Department Police Department Police Department - 8 - PC2010 -080 NO. CONDITIONS OF APPROVAL 23 Parking areas shall have appropriate signs per 22658(a) C.V.C. posted, to assist in removal of vehicles at the property owners /managers request. 24 That the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. 25 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Tentative Parcel Map and Site Plan), Exhibit No. 2 (Elevation Plans) Exhibit No. 3 (Floor Plans) and as conditioned herein. _g_ SIGNED OFF REVIEW BY BY Police Department Public Works — Development Services PIanning PC2010 -080