Loading...
Resolution-PC 2015-098RESOLUTION NO. PC2015-098 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05823, VARIANCE NO. 2015-05047, AND ADMINISTRATIVE ADJUSTMENT NO. 2015-00374 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00090) (2013 EAST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05823, Variance No. 2015-05047, and Administrative Adjustment No. 2015-00374 to permit the construction of a coffee shop with a drive-through lane, a front yard setback less than required by the Anaheim Municipal Code ("Code"), and fewer parking spaces than required by the Code (herein referred to collectively as the " Proposed Project") on that certain real property located at 2013 East Ball Road 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, the Property is approximately 0.34 acres in size and is currently developed with an existing vacant restaurant. The Property is located in the "C -G" General Commercial 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 Neighborhood Commercial land uses; and WHEREAS, notice of a public hearing on November 16, 2015 was duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project. On November 16, 2015, by motion, the Planning Commission continued the matter to December 14, 2015, at which time the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim to hear and consider evidence for and against the Proposed Project 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 - 1 - PC2015-098 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. 2015-05823, does find and determine the following facts: 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 "C -G" General Commercial Zone, 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 Proposed 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 (with the exception of the front setback and parking described below), including interior setbacks, building height, signs, and landscaping. 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. WHEREAS, paragraphs .0101 and .0102 of Subsection .010 (Setbacks) of Section 18.08.060 (Structural Setbacks) of Chapter 18.08 (Commercial Zones of the Code require the minimum landscaped and structural setbacks in the Commercial Zones abutting an arterial highway, such as Ball Road, to be fifteen (15) feet, "as measured from the ultimate highway right-of-way line as designated on the Circulation Element of the General Plan". Those setback requirements apply in addition to the setback and yard requirements set forth in paragraph .0201 (Street Setbacks for Non -Residential and Multiple -Family Residential Lots) of Subsection .020 (Measurements) of Section 18.40.040 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) of the Code, which require "the minimum setbacks for all non- residential ... lots and parcels adjoining [a] ... public ... street[] ... [to] be measured from the closest building to the ... [t]he ultimate right-of-way of any adjacent public street or arterial highway ...." Because the Proposed Project shows a setback of fifteen (15) feet from the ultimate right-of-way of Ball Road, the applicant has requested a variance from the setback requirements; 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 with respect to the request to construct a drive-through coffee shop with a front setback less than required by the Code and fewer parking spaces than required by the Code, has determined that Variance No. 2014-05047 should be approved for the following reasons: - 2 - PC2015-098 SECTION NO. 18.08.060.010.0101 SECTION NO. 18.08.060.010.0102 SECTION NO. 18.40.040.020.0201 Minimum landscaped setback. (15 feet required; 10 feet proposed) Minimum structural setback. (15 feet required; 10 feet proposed) Minimum street setback. (15 feet required; 10 feet proposed) 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the Proposed Project. The subject property has a width of 100 feet and a lot area of 0.34 acres, while all other C -G zoned lots in the immediate vicinity have much larger lot widths and sizes. If this property was of similar size and width, the developer would be able to develop the site in accordance with all applicable Code requirements. 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity because this lot size is smaller than other surrounding C -G zoned properties in the vicinity. This makes it difficult to meet all of the development standards while providing adequate setbacks for the proposed coffee shop. WHEREAS, the Planning Commission does further find and determine that the request for Administrative Adjustment No. 2015-00374 should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (10 spaces required; 9 spaces proposed) 1. The adjustment is consistent with the purposes and intent of the Zoning Code. The proposed project would comply with all other development standards of the C -G Zone, with the exception of the front setback variance described above. The coffee shop will primarily serve drive-through and take-out customers, as there will be no ordering or dining facilities inside the building. Parking spaces are anticipated to be used mostly by employees (with three to four on site at one time) and by customers stopping briefly to pick up orders at the take-out window. 2. The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment since the only alternative to processing the adjustment is to impact the ability to maintain vehicle queueing onsite, and in a manner that does not block parking spaces; 3. The adjustment will not produce a result that is out of character or detrimental to the neighborhood as the proposed drive-through use is a compatible use in the 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. - 3 - PC2015-098 NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2015-05823, Variance No. 2015-05047, and Administrative Adjustment No. 2015-00374, 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. BE IT FURTHER RESOLVED that Conditional Use Permit No. 2015-05823, Variance No. 2015-05047, and Administrative Adjustment No. 2015-00374 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. 2015- 05823, Variance No. 2015-05047, and Administrative Adjustment No. 2015-00374 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 December 14, 2015. 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. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: zr� SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-098 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 December 14, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-098 EXHIBIT "A" DEV NO. 2015-00090 APN : 253-212-02 E ALMONT AVE J w W J N J � V p U w 98 H H E BALL RD ® o soo o Source: Recorded Tract Maps and/or City GIS. eec Please note the accuracy is +/- two to five feet. - 6 - PC2015-098 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05823, VARIANCE NO. 2015-05047, AND ADMINISTRATIVE ADJUSTMENT NO. 2015-00374 (DEV2015-00090) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OFA BUILDING PERMIT 1 All backflow equipment shall be located above ground outside of Public Utilities the street setback area in a manner fully screened from all public Department, streets. Any backflow assemblies currently installed in a vault Water Engineering will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of Division 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 Correction Control Inspector. 2 All requests for new water services, backflow equipment, or fire Public Utilities lines, as well as any modifications, relocations, or abandonments Department, of existing water services, backflow equipment, and fire lines, Water Engineering shall be coordinated and permitted through Water Engineering Division Division of the Anaheim Public Utilities Department. 3 This is a project with a landscaping area exceeding 2,500 square Public Utilities feet. A Landscape Documentation Package and a Certification of Department, Completion are required and a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim Water Engineering Municipal Code and Ordinance No. 6160 relating to landscape Division 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 shall be upgraded if continued use if necessary or abandoned if the Water Engineering existing service is no longer needed. The owner/developer shall Division 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 for Public Works recycling shall be submitted to the Public Works Department, Department, Streets and Sanitation Division for review and approval. Streets and 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 Department. Said storage areas shall be designed, located and Streets and Sanitation screened so as not to be readily identifiable from adjacent streets or Division highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum - 7 - PC2015-098 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 Curbs adjacent to the drive aisles shall be painted red to prohibit Public Works parallel parking in the drive aisles. Red curb locations shall be Department, clearly labeled on building plans. Development Services Division 8 The applicant shall submit to the Public Works Public Works Department/Development Services, for review and approval, a Department, Water Quality Management Plan, as described in Drainage Area Development Management Plan for Orange County. Said WQMP shall: Services Division • Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. • Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. 9 Any drainage above historical flow routed onto adjacent property Public Works must be directed to a recorded private drainage easement. Department, Applicant must provide a copy of the recorded document (i.e. Development Services letter of acceptance of drainage, in a format acceptable to the City) Division to the Engineering Department prior to approval of the Grading Plan. 10 Prior to approval of the grading plan all existing structures shall be Public Works demolished. The developer shall obtain a demolition permit from Department, the Building Division. Development Services Division 11 Prior to grading plan approval, the applicant shall submit a Final Public Works Drainage Study prepared by a registered professional Civil Department, Engineer in the State of California. The Study shall be based Development Services upon and reference the latest edition of the Orange County Division Hydrology Manual the applicable City of 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. - 8 - PC2015-098 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 12 The building shall be equipped with an alarm system (silent or Police Department audible). 13 Address numbers shall be positioned so as to be readily readable Police Department from the street. Numbers should be visible during hours of darkness. 14 Complete a Burglary/Robbery Alarm Permit application, Form Police Department 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://www.anaheim.net/article.asp?id=678 15 The rear doors of the premises shall be numbered with the same Police Department address numbers or suite number of the business. Minimum height of 4 inches is required. 16 All exterior doors to have adequate security hardware, e.g. Police Department deadbolt locks. 17 Rooftop address numbers shall be provided for the police Police Department helicopter. Numbers shall be a minimum size of 4 ft. by 2 ft. 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. 18 Prior to Building and Zoning Inspections all required WQMP Public Works items shall be inspected and operational. Department, Development Services Division OPERATIONAL CONDITIONS 19 If the applicant is unable to secure reciprocal access rights from Planning Department, the owners of the real property located immediately adjacent and Planning Services to the north and east of the subject property allowing the applicant Division to have access for trash removal, the applicant and the property owner of the subject property shall enter into a Declaration of Covenants with the City, in a form satisfactory to the City Attorney, which shall be recorded in the Official Records of the County of Orange, to provide trash removal in accordance with a circulation plan acceptable to the Public Works Department and the trash removal service provider. If, on the other hand, the applicant is able to obtain access rights from said adjacent property owners, applicant shall provide evidence of such rights to the satisfaction of the Planning Director and the City Attorney, which shall be in the form of a document recorded in the Official Records of the County of Orange. - 9 - PC2015-098 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 20 No required parking area shall be fenced -off or otherwise enclosed Planning Department, for outdoor storage uses. Code Enforcement Division 21 Adequate lighting of parking lots, driveway, circulation areas, Police Department aisles, passageways, recesses and grounds contiguous to 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. 22 The applicant shall be responsible for maintaining the area Planning Department, adjacent to the premises over which they have control, in an Code Enforcement orderly fashion through the provision of regular maintenance and Division removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 23 Ongoing during project operation, should the vehicle queue reach Public Works Ball Road, staff members shall be positioned at the end of the on- Department, site queue area near the Ball Road entrance to direct traffic. This Traffic Engineering measure shall be implemented for a short timeframe, as needed, Division until the queue dissipates. GENERAL CONDITIONS 24 Conditions of approval related to each of the timing milestones Planning Department, above shall be prominently displayed on plans submitted for Planning Services permits. For example, conditions of approval that are required to be Division 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. 25 The Applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of Planning Services the issuance of the final invoice or prior to the issuance of building Division 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. 26 The Applicant shall defend, indemnify, and hold harmless the City Planning Department, and its officials, officers, employees and agents (collectively Planning Services referred to individually and collectively as "Indemnitees") from Division 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 - 10 - PC2015-098 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 27 The property shall be developed substantially in accordance with Planning Department, plans and specifications submitted to the City of Anaheim by the Planning Services applicant and which plans are on file with the Planning Division Department and as conditioned herein. - 11 - PC2015-098