Resolution-PC 2014-053RESOLUTION NO. PC2014 -053
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2014-05728 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00016)
(1224 NORTH HARBOR BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim ( "Planning Commission ")
did receive a verified petition for Conditional Use Permit No. 2014 -05728 to permit and
construct a coffee shop with a drive through lane (herein referred to as the "Proposed Project ")
on that certain real property located at 1224 North 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 "), pursuant to Section 18.60.090 of the Anaheim Municipal Code
( "Code "); and
WHEREAS, the Property is approximately 0.75 acres in size and is currently vacant. The
Property is located in the General Commercial (C -G) Zone and is subject to the zoning and
development standards described in Chapter 18.08 (Commercial Zones) of the Code. The Land
Use Element of the Anaheim General Plan designates the Property for General Commercial land
uses; and
WHEREAS, on June 30, 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 in
accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider
evidence for and against proposed Conditional Use Permit No. 2014- 05728, 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 construction and location of limited numbers of new, small facilities or structures. Section
15303 of the State CEQA Guidelines (commencing with Section 15000 of Title 14 of the
California Code of Regulations; herein referred to as the "State CEQA Guidelines ") provides
examples of projects that qualify for an exemption from the provisions of CEQA. The one
example that is applicable to the proposed project is for "up to four... commercial buildings
[such as a restaurant or similar structure] not exceeding 10,000 square feet in floor area on sites
zoned for such use if not involving the use of significant amounts of hazardous substances where
all necessary public services and facilities are available and the surrounding area is not
environmentally sensitive." The proposed project fits within that example and, therefore,
pursuant to Section 15303 of the State CEQA Guidelines, 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. 2014 - 05728, does find and
determine the following facts:
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1. A drive - through coffee shop is considered to be a "Restaurant - Drive - Through" use
within the meaning of the Code and is an allowable primary use under subsection .010 of Section
18.08.030 within the Commercial Zones, subject to approval of a conditional use permit.
2. The Proposed Project 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 an arterial highway, the one story building will be in scale
with the surrounding uses, and a landscape buffer will be provided around the drive - through
lane.
3. The size and shape of the site for the Proposed Project 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 Proposed Project has been designed to comply with all Code
requirements, including setbacks, building height, signs, landscaping, and parking.
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 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. 2014 -05728 under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim
and will provide an integrated land use that is compatible with the surrounding area.
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 detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby
approve Conditional Use Permit No. 2014 - 05728, contingent upon and 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.
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BE IT FURTHER RESOLVED that Conditional Use Permit No. 2014 -05728 are
approved without limitations on the duration of the use. Amendments, modifications and
revocations of this permit may be 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. 2014 -05728
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.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 30, 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.
W - k w ,
CHAIR, PLANNING COMM ON OF THE
CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION OF THE
CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 June 30, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 30` day of June, 2014.
SECRETARY, PLANNING COMMISSION OF THE
CITY OF ANAHEIM
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EXHIBIT "A"
DEV2014 -00016
APN: P2105002
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Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05728
(DEV2014- 00016)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMIT
1
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. Any backflow assemblies currently installed in
Water
a vault will have to be brought up to current standards. Any
Engineering
other large water system equipment shall be installed to the
Division
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.
2
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.
3
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.
4
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.
5
A plan sheet for solid waste storage and collection and a plan
Public Works
for recycling shall be submitted to the Public Works
Department,
Department, Streets and Sanitation Division for review and
Streets and
approval.
Sanitation
Division
6
Trash storage areas shall be provided and maintained in a location
Public Works
acceptable to the Public Works Department, Streets and Sanitation
Department,
Division and in accordance with approved plans on file with said
Streets and
Department. Said storage areas shall be designed, located and
Sanitation
screened so as not to be readily identifiable from adjacent streets
Division
or highways. The walls of the storage areas shall be protected
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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 permits.
7
The applicant shall submit a Drainage Study prepared by a
Public Works
registered professional Civil Engineer in the State of California.
Department,
The study shall be based upon and reference the latest edition of
Development
the Orange County Hydrology Manual the applicable City of
Services Division
Anaheim Master Plan of Drainage for the project area. All
drainage sub -area boundaries per the Master Plan for Drainage
shall be maintained. The Study shall include: an analysis of
10 -, 25 -, and 100- year storm frequencies; an analysis of all
drainage impacts to the existing storm drain system based
upon the ultimate project build -out condition; and address
whether off -site and /or on -site drainage improvements (such
as detention/retention basins or surface runoff reduction) will
be required to prevent downstream properties from becoming
flooded. The drainage study shall analyze the changes between
the existing and proposed pervious /impervious surface
improvements and demonstrate developed flows are not
increased from the current condition.
8
Unless otherwise deferred by City Council action, the project
Public Works
shall contribute its fair share contribution for the mitigation
Department,
measures as identified in Mitigation Monitoring Program 157.
Traffic Division
These measures pertain to the Anaheim/La Palma traffic signal
improvements, an Intelligent Transportation System for the
Harbor /Carl Karcher and Anaheim /La Palma intersections, and
traffic lane improvements at the Anaheim/Commercial
intersection.
9
Street improvement plans shall be submitted for all traffic
Public Works
related improvements adjacent to the project site to the Public
Department,
Works Department, Development Services Division for review
Development
and approval. These plans shall show both sides of all streets
Services Division
and alleys adjacent to the property, including all driveways and
utility installations, signing and striping. The street
improvement plans shall include the following improvements
identified in the Site Plan: channelized left turn raised median
and new curb cut. All improvements shall be installed and
completed prior to the first final building and zoning
inspection.
10
A bond shall be posted for all traffic related street
Public Works
improvements, including, but not limited to, directional
Department,
signage, striping, and median islands as required for said
Development
project. All improvements identified as required for the
Services Division
project opening shall be completed prior to final building and
zoning inspection.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
11
Curbs adjacent to the drive aisles shall be painted red to
Public Works
prohibit parallel parking in the drive aisles. Red curb locations
Department,
shall be clearly labeled on building plans.
Development
Services Division
12
Prior to issuance of grading permit, the applicant shall submit to
Public Works
Public Works Department, Development Services Division for
Department,
review and approval a Water Quality Management Plan that
Development
conforms with current Orange County Guidelines and
Services Division
Requirements as well as City's WQMP review checklist.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
13
The building shall be equipped with an alarm system (silent or
Police
audible).
Department
14
Address numbers shall be positioned so as to be readily readable
Police
from the street. Numbers should be visible during hours of
Department
darkness.
15
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
16
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 required.
17
All exterior doors to have adequate security hardware, e.g.
Police
deadbolt locks.
Department
18
Rooftop address numbers shall be provided for the police
Police
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.
OPERATIONAL CONDITIONS
19
No required parking area shall be fenced -off or otherwise
Planning
enclosed for outdoor storage uses.
Department,
Code
Enforcement
Division
20
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
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
hours of darkness and provide a safe, secure environment for all
persons, property, and vehicles on -site.
21
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.
GENERAL CONDITIONS
22
Conditions of approval related to each of the timing milestones
above shall be prominently displayed on plans submitted for
permits. For example, conditions of approval that are required to
be complied with prior to the issuance of building permits shall
be provided on plans submitted for building plan check. This
requirement applies to building permits, grading permits, street
improvement plans, water and electrical plans, landscape
irrigation plans, and fire and life safety plans, etc.
23
The Applicant is responsible for paying all charges related to
Planning
the processing of this discretionary case application within 30
Department,
days of the issuance of the final invoice or prior to the issuance
Planning Services
of building permits for this project, whichever occurs first.
Division
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.
24
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
Planning Services
"Indemnitees ") from any and all claims, actions or proceedings
Division
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.
25
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
Planning Services
Department and as conditioned herein.
Division
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