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Resolution-PC 2012-105RESOLUTION NO. PC2012 -105 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2012-05634 AND MAKING FINDINGS IN CONNECTION THEREWITH (DEV2012- 00050) (2281 -2299 WEST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim ('Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012 -05634 to construct two drive- through restaurants ( "Proposed Project') for that certain real property located at 2281 -2299 West Ball Road in the City of Anaheim, County of Orange, State Of California, as generally depicted on Exhibit A , attached hereto and incorporated herein by this reference (the Property "); and WHEREAS, the Property is developed with commercial buildings consisting in the aggregate of approximately 170,000 square feet of which 30,000 square feet will be demolished to construct the Proposed Project. The Property is located in the C -G (General Commercial) zone and is designated for Commercial Neighborhood Center land uses in the City of Anaheim General Plan; and WHEREAS, on December 17, 2012, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed conditional use permit and to investigate and maize findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines, that the Proposed Project is within that class of projects which consist of replacement or reconstruction meeting the conditions described in Section 15302 of Title 14 of the California Code of Regulations ( "CEQA Guidelines "). Specifically, the Proposed Project consists of the demolition of an existing 30,000 square foot building and the construction of new buildings and facilities consisting in the aggregate of not more than 6,000 square feet on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Accordingly, pursuant to Section 15302 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find: - 1 - PC2012 -105 1. The Proposed Project is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Restaurants — Drive Through). 2. The Proposed Project will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. The drive - though lane for Parcel 2, as depicted on the proposed Tentative Parcel Map No. 2012 -143 which is being considered concurrently with the Proposed Project, will be located in close proximity to an existing single - family residential neighborhood to the west; however, the applicant will be required to mitigate sound levels by locating and directing the speaker box away from the single family residences to the greatest extent possible, by constructing an 8 -foot high block wall, and by installing lush landscaping between the commercial center and the single - family residences to the west. 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 because the restaurants will be located within an established business area along a major arterial highway. 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, since over 30,000 square feet of existing retail space will be eliminated on the site and not more than 6,000 square feet of new uses are proposed to be constructed. 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is similar to other commercial uses in the area and sound levels generated by the drive- through lanes will be reduced in order to minimize impacts on the adjacent residential properties to the west. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012 - 05634, subject to the conditions of approval as stated in Exhibit B attached hereto and incorporated herein by this reference, which conditions 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. BE IT FURTHER RESOLVED that approval of the Proposed Project is contingent upon and subject to approval of Tentative Parcel Map No. 2012 -143, now pending. BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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. -2- PC2012 -105 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 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 17, 2012. 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. CHAIR PRO TEMPORE, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2012 -105 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior 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 December 17, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: AGARWAL, RAMIREZ ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of December, 2012. SENIOR SECREeXRY, ANAHEIM CITY PLANNING COMMISSION -4- PC2012 -105 EXHIBIT "A" DEV NO. 2012 -00050 APN: 127- 261 -20 127 - 261 -25 ° 127 - 261 -28 _ 127 - 261 -30 127- 261 -26 127- 261 -32 W COLCHESTER DR 127- 261 -27 127- 261 -31 127- 261 -29 'z 127- 261-40 0 127- 254 -06 N W VANCOUVER DR 7 335' 145' c m w' c $_ V o F m f- N G � � W DOVECnTf IfJ 'm = s_ 775' p O O m m U C N � 1239' ° ® ®.. W BALL RD m i o a ❑ z w w a > BI AVE m W 0 i !CO ® Source. Recorded Tract Maps and /or City GIS. Please note the accuracy is +l- two to five feet. -5- PC2012 -105 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2012-05634 (DEV2012- 00050) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL 1 The speaker box system for the drive through lane shall be designed Planning with volume settings that produce not more than 60 decibels at the west property line and shall be located and directed away from the single family residences to reduce potential noise impacts to the greatest extent possible. Said system shall also be designed such that the volume adjustment is controlled from inside the restaurant. 2 No required parking area shall be fenced or otherwise enclosed for Planning outdoor storage. 3 The property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the applicant and which plans are on Mile with the Planning Department marked Exhibit No. 1 (Site Plan Option A as conditioned herein). 4 An 8 -foot high block wall shall be constructed along the west Planning property line to provide a sound and visual buffer adjacent to the single family residences. The wall shall be shown on plans submitted for building permits and constructed prior to final zoning inspection. 5 The existing pylon sign located on Parcel No. 3 shall be removed. Planning 6 Loading and unloading spaces for Parcels 2 and 3 shall be provided public Works per City Specifications. Traffic Engineering / Planning 7 It is the responsibility of the owner /developer to remove and Public Works relocate any traffic signal poles and equipment at the intersection of Traffic Ball Road /Perdido Street, if necessary, at the owner's /developer's Engineering expense. PRIOR TO ISSUANCE OF BUILDING PERMIT 8 The setback along the west property line setback shall incorporate Planning lush landscaping to provide an attractive visual buffer. These improvements shall be shown in the landscape plans for the project and shall be submitted to the Planning Department for review and approval prior to building permit issuance. -6- PC2012 -105 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY g Prior to issuance of building permits, the property owner shall Planning submit a letter to the Planning Department requesting termination of Conditional Use Permit No. 2012- 05646. 10 A private water system with separate water service for fire Public protection and domestic water shall be provided. Utilities, Electrical Engineering 11 All backflow equipment shall be located above ground outside of Public the street setback area in a manner fully screened from all public Utilities, streets and alleys. Any backflow assemblies currently installed in a Water vault will have to be brought up to current standards. Any other Engineering 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. 12 All requests for new water services or fire lines. as well as any Public modifications, relocations, or abandonments of existing water Utilities, services and fire lines, shall be coordinated through Water Water Engineering Division of the Anaheim Public Utilities Department. Engineering 13 Landscaping shall be provided around the above ground large meter Public or fire service to shield from street view. Utilities, Water Engineering 14 All water services shall be installed from the existing public water Public main in Bail Road only. Utilities, Water Engineering 15 That all existing water services and fire services shall conform to Public current Water Services Standards Specifications. Any water service Utilities, and /or fire line that does meet current standards shall be upgraded if Water continued use if necessary or abandoned if the existing service is no Engineering longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 16 That individual water service and /or fire line connections will be Public required for each parcel or commercial unit per Rule 18 of the City Utilities, of Anaheim's Water Rates, Rules and Regulations. Water Engineering -7- PC2012 -105 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 17 Trash enclosure areas shall be provided and maintained in a location Public acceptable to the Public Works Department and in accordance with Works approved plans on file with said Department. Said storage areas Streets and shall be designed, located and screened so as not to be readily Sanitation/ identifiable from adjacent streets. The walls of the storage areas planning shall be protected from graffiti opportunities by the use of plant materials such as minimum one - gallon size clinging vines planted on maximum three -foot centers or tall shrubbery. The trash enclosures openings shall be oriented to provide efficient trash truck circulation and shall be constructed per City specifications. 18 Prior to approval of permits for improvement plans, the property Public owner /developer shall coordinate with Electrical Engineering to Utilities, establish electrical service requirements and submit electric system Electrical plans, electrical panel drawings, site plans, elevation plans, and Engineering related technical drawings and specifications. 19 Prior to issuance of the first building permit, the final subdivision map public shall be submitted to and approved by the City of Anaheim and the Works Orange County Surveyor for technical review and that all applicable Development conditions of approval have been complied with and then shall be filed Services in the Office of the Orange County Recorder. 20 The developer shall submit street improvement plans for the public removal and construction of improvements, including street, storm Works drain, water, electrical and sewer, landscape and irrigation for the Traffic public right -of way on Ball Road. The street improvement plans Engineering shall also indicate the removal and replacement of the most easterly driveway approach on Ball Road per the current version of Engineering Standard Detail No. 115. PRIOR TO APPROVAL OF WATER IMPROVEMENT PLAN 21 The Owner shall irrevocably offer to dedicate to the City of Public Anaheim (i) an easement for all large domestic above - ground water Utilities, meters and fire hydrants, including a five (5) -foot wide easement Water around the fire hydrant and /or water meter pad. (ii) a twenty (20) Engineering foot wide easement for all water service laterals all to the satisfaction of the Water En- incering Division. The easements shall be grained 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 avina shall be the responsibility of the Owner and included and -8- PC2012 -105 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY recorded in the Master CC & R's for the project. PRIOR TO APPLYING FOR THE FIRST WATER METER OR FIRE SERVICE OR FIRST SUBMITTAL OF THE WATER IMPROVEMENT PLANS 22 That the developer /owner shall submit to the Public Utilities Water Public Engineering an estimate of the maximum fire flow rate and Utilities, maximum day and peak hour water demands for the project. This Water information will be used to determine the adequacy of the existing Engineering water system to provide the estimated water demands. Any off -site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. PRIOR TO CONNECTION OF ELECTRICAL SERVICE 23 if required, prior to connection of electrical service, the legal owner Public shall provide to the City of Anaheim a Public Utilities easement Utilities, with dimensions as shown on the approved utility service plan. Electrical Engineering 24 Prior to connection of electrical service, the legal owner shall submit Public payment to the City of Anaheim for service connection fees. Utilities, Electrical Engineering -9- PC2012 -105