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Resolution-PC 2014-012RESOLUTION NO. PC2014 -012 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2013 -05696 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00058) (2110 SOUTH HARBOR BOULEVARD) WHEREAS, on September 23, 2013, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim by its Resolution No. PC2013 -068, did approve Conditional Use Permit No. 2013 -05696 to expand an existing restaurant with a variance from street setback and parking requirements (herein referred to as the "Original CUP ") on that certain real property located at 2110 South Harbor Boulevard in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, Planning Commission Resolution No. PC2013 -068 contained the following condition of approval: "14. The existing pole sign shall be removed. Any new monument sign installed must in a location that conforms to the Anaheim Resort Specific Plan and all City Standard Details and does not create an unsafe situation for pedestrians or vehicles. The monument sign location must also be outside of any easements." WHEREAS, the Property, consisting of approximately 0.92 -acre, is developed with a vacant restaurant building. WHEREAS, the Property is located in the SP92 -2 Anaheim Resort Specific Plan Zone. The Anaheim General Plan designates the Property for Commercial Recreation land uses; and WHEREAS, the Planning Commission did receive a verified Petition for an amendment to the Original CUP (herein referred to as "Conditional Use Permit No. 2013- 05696") to delete the above -noted condition of approval requiring the removal of an existing pole sign and the installation of a monument sign (collectively referred to herein as the "proposed project "); and WHEREAS, the conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions of Approval "; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 27, 2014, 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 Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; and - 1 - PC2014 -012 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 previously- certified Anaheim Resort Specific Plan Master Environmental Impact Report No. 313 and Final Supplemental Environmental Impact Report No. 2008 -00340 will serve as the appropriate environmental documentation in connection with the Proposed Project and that none of the conditions set forth in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report or a supplement to EIR 313 have occurred; 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 an amendment to the Original CUP to delete a condition, does find and determine the following facts: 1. The proposed amendment to the Original CUP to delete the condition of approval requiring the removal of an existing pole sign and the installation of a monument sign is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030 (Uses) of the Zoning Code. 2. The proposed amendment to the Original CUP would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because no physical change will occur on the property by deleting the condition of approval requiring removal of an existing pole sign and the installation of a monument sign. 3. The size and shape of the site 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 site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 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 vehicular circulation is designed to minimize impacts on the surrounding businesses and because the intensity of the use and number of vehicles entering and exiting the Property will not increase as a result of this proposal. 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 because the project has been designed to minimize impacts on the surrounding businesses. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2013- 05696A, thereby amending the Original CUP. -2- PC2014 -012 BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety and, therefore, reflect the amendment and restatement of the Prior Conditions of Approval and the conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 27, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 ( "Zoning Provisions - General ") 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, ANAHEIM CITY PLANN 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 27, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, LIEBERMAN, PERSAUD, RAMIREZ NOES: COMMISSIONERS: BOSTWICK, CALDWELL ABSENT: COMMISSIONERS: SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 27 day of January, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2014 -012 EXHIBIT " A " DEV NO. 2012 -00058 APN: 233 - 031 -03 W ORANGEWOOD AVE oe D J 200' m F o N o ` N W m Q Q V � = 200' Q N u� 0 co M W CLIFFWOOD AVE Cr 0 J P J c Q G © o so 0o v Source: Recorded Tract Maps and /or City GIS. Fee[ Please note the accuracy is +/- two to five feet. -4- PC2014 -012 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05696A (DEV2012- 00058) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO ISSUANCE OF BUILDING PERMITS 1 An automatic fire sprinkler system shall be designed, installed and Fire maintained as required by the Fire Department. This item shall be Department shown on plans submitted for building permits. 2 Plans shall demonstrate that no new drainage fixtures are being added to Public Works, the building. If the project adds sewer or water drainage fixtures, then a Development sewer study will be required. The project shall be halted until the Services applicant submits the sewer study for review and city staff is able to determine there are no impacts to the existing sewer mains. 3 The developer shall submit street improvement plans for the Public Works, reconstruction of two driveway approaches and the entire sidewalk on Development Harbor Boulevard in accordance with current version of Engineering Services Standard Details 115 and 110 -B. The driveway radii shall be 15 ft minimum. Public parkway landscaping (8 foot wide -curb adjacent) shall be constructed with the irrigation connected to the private on -site water system. Street landscaping shall be Golden Medallion trees and Daylily hybrids as the ground cover. Also, the plans shall include all required public improvements for the closure of the driveways in Acama Street, including curb, gutter, sidewalk, landscaping and parkway drain(s) as required. 4 The developer shall post a security to guarantee the construction of Public Works, public works improvements in an amount approved by the City Engineer Development and in a form approved by the City Attorney. The public improvements Services shall be constructed prior to final building and zoning inspections. 5 The developer shall comply with Ordinance No. 5209 and Resolution Public Works, No. 91 R -89 relating to the Transportation Demand Management (TDM) Transportation by joining and financially participating in the ATN and Clean Fuel Services Shuttle Program, and by installing bicycle racks. 6 All requests for new water services or fire lines as well as any Public modifications, relocations, or abandonments of existing water services Utilities, and fire lines shall be coordinated through the Water Engineering Water Division of the Public Utilities Department. Engineering 7 If the project has a landscaping area exceeding 2,500 square feet a Public separate irrigation meter shall be installed in compliance with the Utilities, Landscape Water Efficiency Guidelines. Water Engineering 8 All existing water services and fire lines shall conform to current Water Public Services Standards Specifications. Any water service and /or fire line that Utilities, does not meet current standards shall be upgraded if continued use is Water necessary or abandoned if the existing service is no longer needed. The Engineering PC2014 -012 PC2014 -012 owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 9 The owner /developer 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 around Water the fire hydrant and /or water meter pad. (ii) a twenty (20) foot wide Engineering easement for all water service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted 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 paving shall be the responsibility of the owner. 10 The developer /owner shall submit to the Public Utilities Department, Public Water Engineering Division an estimate of the maximum fire flow rate Utilities, and sprinkler demand, and maximum day and peak hour water demands Water for the project. This information will be used to determine the adequacy Engineering of the existing 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. 11 If the existing 1 ' /2 -inch domestic water meter will utilized for the Public existing service connection, the property owner /developer shall install a Utilities, lead -free backflow prevention assembly that meets the City of Anaheim Water standards. If the existing service lateral is not used, it must be Engineering abandoned at the City main per City standards prior to the issuance of building permits. PRIOR TO FINAL BUILDING AND ZONING INSPECTION 12 Prior to final building and zoning inspections, the property Planning owner /developer shall submit to the Planning and Building Department a Department, letter from a licensed landscape architect certifying that all landscaping Building and irrigation systems have been installed in accordance with Division landscaping plans approved in connection with the Final Site Plan. (Mitigation Measure 5.1 -7 of the Anaheim Resort Specific Plan EIR) 13 Prior to the final building and zoning inspection, the property owner Public Works, shall record a covenant on the property requiring that ongoing during Transportation project implementation, the property owner /developer shall implement Services and administer a comprehensive Transportation Demand Management (TDM) program for all employees. The form of the covenant shall be approved by the City Attorney's Office. Objectives of the TDM program shall be: a. Increase ridesharing and use of alternative transportation modes by guests. b. Provide a menu of commute alternatives for employees to reduce project - generated trips. PC2014 -012 PC2014 -012 c. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. (Mitigation Measure 5.14 -8 of the Anaheim Resort Specific Plan EIR) ONGOING DURING PROJECT OPERATION 14 Any graffiti painted or marked upon the premises or on any adjacent Police area under the control of the licensee shall be removed or painted over Department within 24 hours of being applied. 15 The parking lot of the premises shall be equipped with lighting of Police sufficient power to illuminate and make easily discernible the Department appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring uses. 16 All entrances to the parking lot shall be posted with appropriate signs per Police 22658(a) C.V.C., to assist in removal of vehicles at the property Department owners /managers request. 17 "No Trespassing 602(k) P.C." signs shall be posted at the entrances of Police the parking lot. Signs must be at least 2' x 1' in overall size, with white Department background and black 2" lettering. 18 Rooftop address numbers for the police helicopter shall be provided and Police shall maintain a minimum size of 4' in height and 2' in width. The lines Department of the numbers are to be a minimum of 6" thick. Numbers shall be spaced 12" to 18" apart. Numbers shall be painted or constructed in a contrasting color to the roofing material. Numbers shall face the street to which the structure is addressed. Numbers are not to be visible from ground level. 19 Complete a Burglary /Robbery Alarm Permit application, Form APD Police 516, and return it to the Police Department prior to initial alarm Department 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.aV2id=678 20 The subject Property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the Department, petitioner and which plans are on file with the Planning Department, and Planning as conditioned herein. Services 21 Extensions for further time to complete conditions of approval may be Planning granted in accordance with Section 18.60.170 of the Anaheim Municipal Department, Code. Planning Services 22 That timing for compliance with conditions of approval may be amended Planning by the Planning Director upon a showing of good cause provided (i) Department, equivalent timing is established that satisfies the original intent and Planning purpose of the condition(s), (ii) the modification complies with the Services Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. PC2014 -012 23 All parking operations shall be consistent with the parking study Planning submitted with the application and with approved site plans. Valet Department, operations must remain in effect full time until a stable demand pattern is Planning established. At any time that the demand for parking exceeds the Services available parking spaces, the valet operations must be in effect. The parking lifts are to be used for employee vehicles only. The business shall at all times have an employee trained in the use of the lifts onsite to operate the parking lifts. The parking lifts are not to be used for customer vehicles or operated by customers. 24 Within 90 days of the opening of the restaurant the property owner shall Planning submit to the Planning Department recommendations prepared by a Department, licensed traffic engineer on reduced hours of valet service. Reduction Planning shall be approved by the Planning Director. The property owner may Services request future changes by submitting a written request with new hours and reasons for the request. The Planning Director may approve or deny or require additional professionally prepared analyses of parking operations. The Planning Director may require expanded hours of valet service upon determination that patrons or employees of this business are parking on other property or on nearby streets. 25 Approval of this application constitutes approval of the proposed request Planning only to the extent that complies with the Anaheim Municipal Zoning Department, Code and any other applicable City, State and Federal regulations. Planning Approval does not include any action or findings as to compliance or Services approval of the request regarding any other applicable ordinance, regulation or requirement. 26 The Applicant shall defend, indemnify, and hold harmless the City and Planning its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees ") from any and all claims, Planning actions or proceedings brought against Indemnitees to attack, review, set Services 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. PC2014 -012