Loading...
Resolution-PC 2014-007RESOLUTION NO. PC2014 -007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013 -05695 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00095) (1168 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission "), did receive a verified petition for Conditional Use Permit No. 2013- 05695 to demolish a former restaurant building and construct a new drive - through restaurant (herein referred to as the "Proposed Project "), on that certain real property located at 1168 South State College Boulevard in the City of Anaheim, generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the 'Property "), pursuant to Section 18.60.190 of the Anaheim Municipal Code (the "Code ") for the Property; and WHEREAS, the Property is approximately 1.3 -acres in size and is developed with a two story vacant commercial building. The Property is located within the C -G (General Commercial) zone and the Anaheim General Plan designates the Property for Neighborhood Center land uses; and WHEREAS, on January 13, 2014, 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 Resolution No. 95R -134 and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2013- 05695, and to investigate and make 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 the replacement or reconstruction of a commercial structure with a new structure of substantially the same size, purpose, and capacity, and that, therefore, pursuant to Section 15302 of Title 14 of the California Code of Regulations, 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 inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Conditional Use Permit No. 2013- 05695, does find and determine the following facts: 1. The request to permit a drive- through restaurant is properly one for which a conditional use permit is authorized under Section 18.08.030.010 (Restaurants — Drive Through) of the Code. - 1 - PC2014 -007 2. The drive- through restaurant will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the project has been designed to be compatible with surrounding commercial and residential uses because all traffic flows will be provided from two arterial highways, the one story building will be in scale with the adjacent neighborhood, and a 6 -foot high block wall will provide a sound buffer for the nearby apartment complexes. 3. The size and shape of the site for the drive- through restaurant 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 because the project has been designed to comply with all Code requirements, including building height, signs, landscaping, and parking. 4. The traffic generated by the drive - through restaurant will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with typical retail businesses that would be permitted as a matter of right within the C -G (General Commercial) zone. 5. The granting of Conditional Use Permit No. 2013 -05695 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2013 -05695 at the Property, subject to the conditions of approval described 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 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 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 Conditional Use Permit No. 2013 -05695 are approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit maybe processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2013 -05695 constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim 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. -2- PC2014 -007 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 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 findings hereinabove set forth. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 13, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of the City Council in the event of an appeal. CHAIR, ANAHEIM CITY PLA TG COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 January 13, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 13' day of January, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2014 -007 EXHIBIT " A " DEV NO. 2013 -00095 APN: 253 - 212 -18 r w O C WE O J m W W J J O U W Q r N H r Q 0 w H w o: ut E CLIFPARK WAY E ALMONT AVE E BALL RD J a a C 0: O r -4- PC2014 -007 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. O o so iao v ree� EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05695 (DEV2013- 00095) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF BUILDING PERMIT 1 The building shall be equipped with an alarm system (silent or Police audible). Department 2 Address numbers shall be positioned so as to be readily readable Police from the street. Numbers should be visible during hours of Department darkness. 3 Complete a Burglary /Robbery Alarm Permit application, Form Police APD 516, and return it to the Police Department prior to initial Department alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http: / /www.anaheim.net/article.asp ?id =678 4 The rear doors of the premises shall be numbered with the same Police address numbers or suite number of the business. Minimum Department height of 4 inches is recommended. 5 All exterior doors to have adequate security hardware, e.g. Police deadbolt locks. Department 6 Rooftop address numbers shall be provided for the police Planning helicopter. Numbers shall be a minimum size of 4 ft. by 2 ft. Department The lines of the numbers are to be a minimum of 6 inches thick. Numbers should be spaced 12 to 18 inches 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. Rooftop numbers are not to be visible from ground level. 7 All backflow equipment shall be located above ground outside Public Utilities of the street setback area in a manner fully screened from all Department, public streets and alleys. Any backflow assemblies currently Water installed in a vault will have to be brought up to current Engineering standards. Any other large water system equipment shall be Division 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 Cormection Control hispector. -5- PC2014 -007 8 All requests for new water services, backflow equipment, or Public Utilities fire lines, as well as any modifications, relocations, or Department, abandonments of existing water services, backflow equipment, Water and fire lines, shall be coordinated and permitted through Engineering Water Engineering Division of the Anaheim Public Utilities Division Department. 9 This is a project with a landscaping area exceeding 2,500 Public Utilities square feet. A Landscape Documentation Package and a Department, Certification of Completion are required and a separate Water irrigation meter shall be installed in compliance with Chapter Engineering 10.19 of Anaheim Municipal Code and Ordinance No. 6160 Division relating to landscape water efficiency. 10 All existing water services and fire services shall conform to Public Utilities current Water Services Standards Specifications. Any water Department, service and/or fire line that does not meet current standards Water shall be upgraded if continued use if necessary or abandoned if Engineering the existing service is no longer needed. The owner /developer Division shall be responsible for the costs to upgrade or to abandon any water service or fire line. I 1 The existing 6 inch fire line and backflow device do not Public Utilities meet current standards. The applicant shall bring the fire Department, line up to current standards, or abandon if fire line will not Water be reused, prior to building occupancy. Engineering Division 12 The applicant shall install a USC approved backflow device on Public Utilities the water supply to the Property per City of Anaheim Department, requirements. Additionally, a backflow device shall be Water installed on the site irrigation system per City of Anaheim Engineering standards. This work shall be completed prior to building Division occupancy. 13 A plan sheet for solid waste storage and collection and a plan Public Works - for recycling shall be submitted to the Public Works Streets and Department, Streets and Sanitation Division for review and Sanitation approval. Division 14 Trash storage areas shall be provided and maintained in a location Public Works - acceptable to the Public Works Department, Streets and Streets and Sanitation Division and in accordance with approved plans on file Sanitation with said Department. Said storage areas shall be designed, Division located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1- gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building -6- PC2014 -007 -7- PC2014 -007 permits. 15 Prior to issuance of the grading permit, the final water quality Public Works management plan shall address the following items: Department, • The WQMP shall include additional information Development infiltration trench configuration, pre - treatment of flows. Services • The criteria identified in the DAMP in order to allow Division infiltration to occur on a site must be evaluated and deemed adequate for the determination to be made to infiltrate onsite. • The applicant shall obtain approval for infiltration from the City and from the Orange County Water District. The City will coordinate the review of this proposed infiltration system to obtain comments. • The WQMP and grading plans shall show that flows are conveyed to the infiltration areas. • The WQMP shall show the required pretreatment for any focused infiltration. The pretreatment system may be landscape swales, filter strips or bio- retention areas (rain gardens), prior to reaching the infiltration system. 16 Prior to issuance of the grading permit and right -of -way Public Works construction permit for the storm drain and sewer, whichever Department, occurs first, a Save Harmless agreement in -lieu of an Development Encroachment Agreement is required to be executed, approved by Services the City and recorded by the applicant on the Property for any Division storm drains connecting to a City storm drain. 17 The Property owner shall submit project improvement plans that Public Works incorporate any required drainage improvements and the Department, mechanisms proposed in the approved Drainage Report. No Development offsite run -off shall be blocked during and after grading Services operations or perimeter wall construction. The street Division improvement plans shall also include any other improvements along the frontage of the project. Improvements shall conform to the City Standards and as approved by the City Engineer. Parkway irrigation shall be installed on the public right -of -way and connected to the on -site irrigation system. A bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. 18 An encroachment license shall be executed by the owner and Public Works recorded for the portion of the existing double pole mounted Department, sign that encroaches over the right -of -way line adjacent to State Development College Boulevard. Services Division -7- PC2014 -007 PRIOR TO FINAL BUILDINGAND ZONING INSPECTIONS 19 The developer shall improve the streets as follows: Remove and Public Works replace any damaged existing curb, gutter, parkway landscaping Department, and sidewalk. Obtain a Right of Way Construction Permit from Development the Development Services Division prior to commencing the Services work, including the removal of the driveway on State College Division Blvd., utility installations and grind and cap of existing pavement in Almont Avenue up to the street centerline within the frontage of the parcel. 20 All required public street, landscaping, irrigation, utility, Public Works sewer and drainage improvements shall be constructed prior Department, to final building and zoning inspections and are subject to Construction review and approval by the Construction Services inspector. Services Division 21 All required WQMP items shall be inspected and operational. Public Works Department, Development Services Division 22 An all- weather access road as approved by the Fire Department Fire shall be provided during construction. Department GENERAL CONDITIONS 23 Adequate lighting of parking lots, driveway, circulation areas, Police aisles, passageways, recesses and grounds contiguous to Department 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 persons, property, and vehicles on -site. 24 No required parking area shall be fenced or otherwise enclosed Planning for outdoor storage. Department, Code Enforcement Division 25 The applicant shall be responsible for maintaining the area Planning adjacent to the premises over which they have control, in an Department, orderly fashion through the provision of regular maintenance Code and removal of trash or debris. Any graffiti painted or marked Enforcement upon the premises or on any adjacent area under the control of Division the licensee shall be removed or painted over within 24 hours of being applied. -8- PC2014 -007 26 The applicant 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 Department 27 The Property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim Department by the applicant and which plans are on file with the Planning Department and as conditioned herein. 28 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents Department (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. -9- PC2014 -007