Resolution-PC 2016-068RESOLUTION NO. PC2016-068
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING CONDITIONAL USE PERMIT NO. 2015-05837,
APPROVING VARIANCE NO. 2016-05067 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00119)
(901-951 SOUTH EUCLID STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for (i) Conditional Use Permit No. 2015-05837 for
the demolition of an existing liquor store and the construction of a new drive-through restaurant
building within an existing shopping center; and, (ii) Variance No. 2016-05067 to allow fewer
parking spaces than required by the Anaheim Municipal Code (the "Code") (collectively, the
"Proposed Project") for premises located at 901-951 South Euclid Street in the City of Anaheim,
County of Orange, State of California, 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 6.96 -acre in size and is developed with an
approximately 85,000 square foot commercial center including four additional structures and a
large surface parking area. The Land Use Element of the Anaheim General Plan designates the
Property for Commercial -Neighborhood Center land uses. The Property is located within the
"C -G" General Commercial Zone. As such, the Property is subject to the zoning and
development standards described in Chapter 18.08 (General Commercial Zone) of the Code; and
WHEREAS, a duly noticed public hearing was scheduled before the Planning
Commission at the Civic Center in the City of Anaheim on August 22, 2016 at 5:00 p.m., to hear
and consider evidence and testimony 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 (i.e.,
Class 3(c) — New Construction or Conversion of Small Structures) which consists of construction
and location of limited numbers of new, small facilities or structures; installation of small new
equipment and facilities in small structures; and the conversion of existing small structures from
one use to another where only minor modifications are made in the exterior of the structure, 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 with respect to the request for Conditional Use Permit No. 2015-05837, does find
and determine the following facts:
1. The request to permit a drive-through fast food restaurant is an allowable use
within the "C -G" Commercial Zone under Subsection .010 of Section 18.08.030 of the Code
provided that a conditional use permit is approved;
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2. The proposed conditional use permit to permit the demolition and construction of
a fast food restaurant building, and the changes to the parking and circulation would 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 entails a complete renovation of the
Property which will improve the aesthetics of the improvements on the Property and the overall
appearance of the project site, as well as reduce the existing impacts of the commercial center on
the surrounding on adjacent residential uses;
3. The size and shape of the site is adequate to allow the full development of the
Proposed Project in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the Proposed Project would replace the existing liquor
store with a new drive-through restaurant that is proposed to match that of the remodeled
commercial center improving the aesthetics of the Property and the overall appearance of the
project site. Further, modifications are proposed to improve the overall circulation and access of
delivery vehicles to the site, reducing the existing impact on the surrounding residential uses; and
4. The traffic generated by the Proposed Project would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by the Proposed Project will not exceed the anticipated volumes of traffic on the
surrounding streets and adequate parking will be provided to accommodate the future use.
Further, modifications are being proposed to improve the overall circulation of the delivery
trucks to the site that will reduce the use of surrounding streets by traffic and deliveries generated
by the commercial center; and
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 Proposed Project would
significantly improve the aesthetics of the buildings and the overall appearance of the project site
is compatible with the surrounding area, subject to compliance with the conditions contained
herein; and
WHEREAS, the Planning Commission does further find and determine that the request
for Variance No. 2016-05067 to allow fewer parking spaces than required by the Code in
conjunction with the existing restaurant, including an outdoor patio, should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number ofap rking_s aces.
(656 spaces required; 416 spaces proposed)
1. That the variance, under the conditions imposed, if any, will not cause fewer off-
street parking spaces to be provided for the all uses on site than the number of such spaces
necessary to accommodate all vehicles attributable to such uses under the normal and reasonably
foreseeable conditions of operation of such uses. A parking analysis was prepared by Hartzog &
Crabill, Inc., determining that the proposed number of parking spaces within the Property is
sufficient to accommodate all future uses on site because the relationships among land use
activities that result in the attraction to two or more land uses on a single trip to the development.
2. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the Property because the proposed number of parking spaces within the Property is sufficient to
accommodate all future uses on site, as determined by Hartzog & Crabill, Inc. parking analysis;
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3. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use because the proposed number of parking spaces within the Property
is sufficient to accommodate all future uses on site, as determined by the Hartzog & Crabill, Inc.
parking analysis;
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the property and are designed to allow
for adequate on-site circulation; and
5. That the variance, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use because the project site has existing ingress or egress access points that are
designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the
Property; and
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 the Planning Commission does hereby
approve Conditional Use Permit No. 2015-05837 and Variance No. 2016-05067, contingent
upon and subject to the conditions of approval set forth 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(s), (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 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 Code.
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.
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BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 22, 2016. 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.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 August 22, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: CALDWELL, LIEBERMAN, HENNINGER, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, DALATI
VACANT: COMMISSIONERS: ONE VACANCY
2016. IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of August,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00119
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05837 AND
VARIANCE NO. 2016-05067
(DEV2015-00119)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMITS
1
The project's Final Grading, Soils, and Drainage Reports shall be
Public Works,
submitted for review and approval to the Development Services
Development
Division.
Services
2
The final Water Quality Management Plan (WQMP) shall be submitted
for review and approval to Public Works Development Services and
Public Works,
comply with the most current requirements of the Orange County
Development
Drainage Area Management Plan (DAMP).
Services
3
The property owner shall submit project improvement plans (Final
Grading Plans) that incorporate the required drainage improvements and
the mechanisms proposed in the approved Final Drainage Report. No
Public Works,
offsite run-off shall be blocked during and after grading operations or
Development
perimeter wall construction. Finish floor elevations shall be 1 -ft.
Services
minimum above water surface elevations of 100 -year event.
PRIOR TO ISSUANCE OF BUILDING PERMITS
4
The property owner shall irrevocably offer to dedicate in a signed deed to
the City of Anaheim an easement 60- feet in width from the centerline of
Ball Road, an easement 60 -feet in width from the centerline of Euclid
Public Works,
Street (excluding the existing Winchell's building fa�adc) and a corner
Development
cut-off dedication at Euclid Street and Beacon Avenue for road, public
Services
utilities, and other public purposes.
5
The modifications to the Ball Road median to facilitate truck movements
from the alley shall be completed, and the "No Right Turn" signs (R3-1
Public Works,
sign in the MUTCD) shall be installed at each exit of the rear
Traffic Engineering
parking/loading areas.
6
The developer shall obtain a right-of-way construction permit and post a
Public Works,
security for construction of all required public improvements within the
Development
street right-of-way.
Services
7
Street improvement plans shall be submitted for all traffic -related and
Public Works,
off-site improvements adjacent to the project site to the Public Works
Development
Department, Development Services Division for review and approval. I
Services
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NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT
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These plans will show both sides of all streets and alleys adjacent to the
property, including all driveways and utility installations, signing and
striping, and repair of broken/damaged sidewalk. All improvements shall
be installed and completed prior to the first final building and zoning
inspection.
8
A private water system with separate water service for fire protection and
domestic water shall be provided and shown on plans submitted to the
Public Utilities
Water Engineering Division of the Anaheim Public Utilities Department.
Water Engineering
9
A bond shall be posted for all traffic -related and off-site street
improvements, including, but not limited to, driveway approach,
sidewalk re air, directional signage,
p gnage, striping, and median islands as
Public Works,
required for said project. All improvements identified as required for the
Traffic
project opening shall be completed prior to final building and zoning
Engineering
inspection.
10
All backflow equipment shall be located above ground outside of the
street setback area in a manner fully screened from all public streets
and alleys. Any backflow assemblies currently installed in a vault will
have to be brought up to current standards. Any other large water
system equipment shall be installed to the satisfaction of the Public
Public Utilities,
Utilities Department Water Engineering Division outside of the street
Water Engineering
setback area in a manner full y screened from all pubic streets and
alleys. Said information shall be specifically shown on plans and
approved by Water Engineering and Cross Connection Control
Inspector.
11
All requests for new water services, backflow equipment, or fire
lines, as well as any modifications, relocations, or abandonments
of existingwater services backflow equipment, and fire lines,
Public Utilities,
shall be coordinated and permitted through Water Engineering
Water Engineering
Division of the Anaheim Public Utilities Department.
12
All existing water services and fire services shall conform to current
Water Services Standard Specifications. Any water service and/or
fire line that does not meet current standards shall be upgraded if
Public Utilities,
continued use if necessary or abandoned if the existing service is no
Water Engineering
longer needed. The owner/developer shall be responsible for the
costs to upgrade or to abandon any water service or fire line.
13
Individual water service and/or fire line connections will be required for
Public Utilities,
each parcel or residential, commercial, industrial unit per Rule 18 of the
Water Engineering
City of Anaheim's Water Rates, Rules, and Regulations.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
14
There is no backflow prevention device on the existing 1 -inch water
meter serving the property, if continued use of the service is required, a
lead-free backflow prevention assembly shall be installed per Public
Public Utilities,
Utilities Department Water Engineering Division requirements. Further,
Water Engineering
if the existing service is found to be substandard, it must be abandoned
per City standards and re -use will not be allowed.
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
15
All required street improvements shall be constructed, subject to review
Public Works,
and approval by the Construction Services inspector.
Development
Services
16
The existing trash enclosure adjacent to the public alley at the southwest
corner of the property shall be demolished and replaced with a new trash
Public Works,
enclosure, subject to the review and approval of the Public Works
Streets and
Department, Streets and Sanitation Division.
Sanitation
17
Bollards shall be installed adjacent to the public alley to the rear of the
Planning
grocery store to discourage the use of the alley for truck circulation and
Department,
loading.
Planning Services
Division
18
"No Right Turn" signs shall be installed at the rear of the property along
Public Works,
the alley to prohibit delivery vehicles from utilizing the residential
Traffic
streets.
Engineering
19
Owner shall install an approved backflow prevention assembly on the
water service connection(s) serving the property behind property line and
Public Utilities,
building setback in accordance with Public Utilities Department Water
Water Engineering
Engineering Division requirements.
20
All required on-site Water Quality Management Plan and all required
public right of way improvements shall be completed, operational, and
Public Works,
are subject to review and approval by the Construction Services
Development
Inspector.
Services
21
All delivery trucks shall use Ball Road or Euclid Street to access the
project site. Trucks that are accessing or leaving the site shall only be
Public Works,
permitted to use Beacon Avenue when accessing the loading zone
Traffic Engineering
located on-site at the north driveway off of Beacon Avenue.
22
Curbs adjacent to the drive aisles shall be painted red to prohibit parallel
parking in the drive aisles. Red curb locations shall be clearly labeled on
Public Works,
building plans.
Traffic Engineering
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NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT
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ON-GOING DURING PROJECT OPERATIONS
23
Businesses with backdoor access to the westerly parking lot shall
Planning Department,
encourage employees to utilize available parking behind the existing
Code Enforcement
commercial center.
Division
24
Loitering is prohibited on or around these premises or this area under the
control of the licensee(s).
Police Department
25
The parking lot of the premises shall be equipped with lighting of
sufficient power to illuminate and make easily discernible the appearance
and conduct of all persons on or about the parking lot. Additionally, the
Police Department
position of such lighting shall not disturb the normal privacy and use of
any neighboring residences.
26
The owner of the commercial center shall be responsible for maintaining
Planning Department,
the commercial center in an orderly fashion through the provision of
regular maintenance and removal of trash or debris. Any graffiti painted
Code Enforcement
or marked upon the buildings making up the subject Property shall be
Division
removed or painted over within 24 hours of being applied.
GENERAL
27
The subject Property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
Planning Department,
applicant and which plans are on file with the Planning Department, and
Planning Services
as conditioned herein.
Division
28
Security measures shall be provided to the satisfaction of the Anaheim
Police Department to deter unlawful conduct of employees and patrons,
promote the safe and orderly assembly and movement of persons and
vehicles and to prevent disturbances to the neighborhood by excessive
noise created by patrons entering or leaving the premises. Once
Police Department,
approved, a copy of the security plan shall be maintained with the Police
Planning Department
Department Vice Detail and the Planning Department. Any amendments
to the plan shall be approved by the Chief of Police or his/her designee
and shall also be filed with the Police Department Vice Detail and the
Planning Department.
29
All truck deliveries shall occur on-site. On-site deliveries shall only
Planning Department,
occur between the hours of 7:00 a.m. and 10:00 p.m. seven days a week.
Code Enforcement
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
30
All delivery trucks shall use Ball Road or Euclid Street to access the
project site. Trucks that are accessing or leaving the site shall only be
planning Department,
permitted to use Beacon Avenue when accessing the loading zone
Code Enforcement
located on-site at the north driveway off of Beacon Avenue.
Division
31
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 buildingpermits shall be
p provided on plans
Planning Department,
submitted for building plan check. This requirement applies to grading
planning Services
permits, final maps, street improvement plans, water and electrical plans,
Division
landscape irrigation plans, security plans, parks and trail plans, and fire
and life safety plans, etc.
32
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
planning Department,
for this project, whichever occurs first. Failure to pay all charges shall
Planning Services
result in delays in the issuance of required permits or may result in the
Division
revocation of the approval of this application.
33
The Applicant shall defend, indemnify, and hold harmless the City and
its officials, officers, employees and agents (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
Planning Department,
made prior to the decision, or to determine the reasonableness, legality or
Planning Services
validity of any condition attached thereto. The Applicant's
Division
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.
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