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Resolution-PC 2018-045RESOLUTION NO. PC2018-045 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05930 AND VARIANCE NO. 2018-05102 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00080) (191 SOUTH IMPERIAL HIGHWAY) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2017-05930 to permit the construction of a new 3,233 square foot fast food restaurant with a drive-through lane and wall mural, and Variance No. 2018-05102 to permit reduced front landscape setbacks at a certain real property located at 191 South Imperial Highway in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the subject 0.8 acre parcel is located within the 10.6 acre Property developed with Crossroads Shopping Center. The properties are designated for Neighborhood Center land uses by the Anaheim General Plan. The Property is located in the "C -G" General Commercial, Scenic Corridor (SC) Overlay Zone and is subject to the zoning and development standards contained in Chapters 18.08 (Commercial Zones) and 18.18 (Scenic Corridor Overlay zone) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 5, 2018 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 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2017-05930 and Variance No. 2018-05102 (the "Proposed Project"), and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 3 — New Construction) which consists of construction and location of limited numbers of new, small facilities or structures, and that, therefore, pursuant to Section 15303 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2018-045 WHEREAS, this 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 2017-05930 to permit the construction of a new 3,233 square foot fast food restaurant with a drive- through lane and mural on the building wall, does find and determine the following: 1) That the proposed use is properly one for which a conditional use permit is authorized by the Code which allows a drive-through restaurant facility and mural in the "C -G" General Commercial, SC Overlay Zone subject to approval of a conditional use permit pursuant to Section 18.08.030 of the Code; and 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located in that the Proposed Project has been designed to be compatible with surrounding commercial uses. The proposed drive-through lane has a sufficient capacity to accommodate the maximum anticipated number of queueing vehicles where the traffic flow on the main adjacent drive aisle is not anticipated to be impeded, and stacking onto public streets is not expected. In addition, the one story restaurant building will be in scale with the surrounding uses and an adequate landscape buffer will be provided around the drive-through lane; and 3) That the size and shape of the site proposed for the use 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 in that the Proposed Project has been designed to comply with all Code requirements, except for reduced landscape setbacks as referenced in Variance No. 2018-05102 below; and 4) That 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 traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the proposed use; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim in that the impact upon the surrounding area has been mitigated to the maximum extent practicable in that site development standards proposed for the Proposed Project are consistent with the development standards of the "C -G" General Commercial zone; and; - 2 - PC2018-045 WHEREAS, based upon the letter of request and plans submitted by the applicant to justify the variance, the Planning Commission does further find and determine that the request for Variance No. 2018-05102 for reduced landscape setbacks in the C -G, Scenic Corridor Overlay Zone should be approved for the following reasons: SECTION NO. 18.18.090 Minimum landscape setback along major, primary, secondary, hillside primary or hillside secondary highways. (25 -foot landscape setback required; 8 to 15 -foot landscape setback proposed) 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. The configuration, location, and topography of the lot on Imperial Highway makes it difficult to meet all of the development standards while providing adequate landscape setbacks for the proposed drive-through restaurant. Furthermore, the required 7 -foot street dedication will further reduce the developable area of the site in comparison with other commercially -zoned properties in the vicinity. 2. That, because of special circumstances shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. Similar landscape setbacks exist north and south of the subject property which would allow the restaurant site to remain compatible with abutting properties. Furthermore, the small portion of the restaurant site at the southeast corner will provide for additional employee parking spaces while maintaining an 8 -foot wide landscape setback. This parking area is designed at a lower grade and is partially screened from the higher sidewalk and street elevation. 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; and BE IT FURTHER RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. 2017-05930 and Variance No. 2018-05102 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 that portion of the Property for which Conditional Use Permit No. 2017-05930 and Variance No. 2018-05102 is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. -3 - PC2018-045 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 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. 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 September 5, 2018. 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. CHAIRP OF T RSON, PLANN G OMMISSION CITY OAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-045 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 September 5, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS NOES: COMMISSIONERS: WHITE ABSENT: COMMISSIONERS: LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 5`h day of September, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2018-045 EXHIBIT "A" DEV NO. 2017-00080 APN: 363-531-04 � ANA CANYON RD E SANTA ANA CANYON RD 122' N N N 157.19' E AVENIDA BERNARDO NORI Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 6 - PC2018-045 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2017-05930 VARIANCE NO. 2018-05102 (DEV2017-00080) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A GRADING PERMIT 1 The project's Grading Plans, Soils Report, and Drainage Report shall Public Works be submitted for review and approval to the Development Services Department, Division. Development Services Division 2 The developer shall submit project improvement plans that Public Works incorporate the required drainage improvements and the mechanisms Department, proposed in the approved Drainage Report. Post -development storm Development Services event run-off shall be less than or equal to the existing pre- Division development storm event run-off. No offsite run-off shall be blocked during and after grading operations or perimeter wall construction. Finish floor elevations shall be 1 -ft. minimum above water surface elevations of 100 -year storm event. Run-off shall not be diverted and any proposed improvements shall prevent downstream properties from becoming flooded. The Final Drainage report shall address the drainage velocity on the new on-site improvements and potential impacts to the existing drainage system. Also, the plans shall show that all concentrated flow shall be contained within an approved drainage device and preserve the existing flows and manner drainage is conveyed downstream. 3 The final Water Quality Management Plan (WQMP) shall be Public Works submitted for review and approval to Public Works Development Department, Services and comply with the most current requirements of the Orange Development Services County Drainage Area Management Plan (DAMP). Division 4 If more than 1 acre will be disturbed, prior to grading plan approval, Public Works the applicant shall demonstrate that coverage has been obtained under Department, California's General Permit for Stormwater Discharges Associated Development Services with Construction Activity by providing a copy of the Notice of Intent Division (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review upon request. - 7 - PC2018-045 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 5 A Cross -Lot Drainage Agreement is required to be executed, Public Works approved by the City and recorded by the owner on the properties for Department, cross -lot drainage if there does not existing one already. Development Services Division 6 A signed and notarized Right -of -Entry shall be provided for all work Public Works that will be performed in the neighboring properties outside of the Department, property. Development Services Division 7 All existing vertical structures noted to be demolished shall be Public Works demolished. The developer shall obtain a demolition permit from the Department, Building Division for the demolition of vertical structures prior to Development Services performing this work. Division 8 The Owner/Developer shall submit a set of improvement plans for Public Utilities, Public Utilities Water Engineering review and approval in Water Engineering determining the conditions necessary for providing water service to Division the project. PRIOR TO THE ISSUANCE OFA BUILDING PERMIT 9 The property owner shall irrevocably offer to dedicate in a signed deed Public Works to the City of Anaheim an easement 60 -feet in width from the Department, centerline of Imperial Highway and a corner cut-off dedication at Development Services Imperial Highway and Avenida Bernardo North for road, public Division utilities, and other public purposes. The corner cut-off dedication shall be in compliance with City Standard 110-B based on the ultimate curb location. - 8 - PC2018-045 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 The developer shall submit street improvement plans, obtain a right of Public Works way construction permit, and post a security (Performance and Labor Department, & Materials Bonds) in an amount approved by the City Engineer and Development Services in a form approved by the City Attorney for the construction of all Division required off-site and public improvements within the City street right of way of Imperial Highway and Avenida Bernardo North. Improvements shall conform to City of Anaheim Public Works requirements, approved traffic study requirements (if any), and as approved by the City Engineer. The street improvement plans shall include all traffic related improvements adjacent to the project site including all driveways, utility installations, signing and striping, and all other offsite work. Developer shall be responsible for any utility relocations in the right-of-way, and any utility relocation shall be in conformance with the pertinent Public Utility requirements, standards, and permits. If there will be multiple street utility cuts, then the entire street shall be resurfaced via 2" grind and cap from edge of gutter to edge of gutter or to centerline/median. Limits to be determined by the Public Works Inspector. 11 The legal property owner shall submit a Lot Line Adjustment to Public Public Works Works, Development Services for review and approval to modify the Department, existing two lot configuration. The Lot Line Adjustment and Development Services Conformance Deed shall be recorded prior to issuance of a building Division permit. 12 A private water system with separate water service for fire protection, Public Utilities domestic water, and irrigation shall be provided and shown on plans Department, submitted to the Water Engineering Division of the Anaheim Public Water Engineering Utilities Department. Division 13 All backflow equipment shall be located above ground outside of the Public Utilities street setback area in a manner fully screened from all public streets Department, and alleys. Any backflow assemblies currently installed in a vault will Water Engineering have to be brought up to current standards. Any other large water Division system equipment shall be 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 Connection Control Inspector. 14 All requests for new water services, backflow equipment, or fire lines, Public Utilities as well as any modifications, relocations, or abandonments of existing Department, water services, backflow equipment, and fire lines, shall be Water Engineering coordinated and permitted through Water Engineering Division of the Division Anaheim Public Utilities Department. - 9 - PC2018-045 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 15 All existing water services and fire services shall conform to current Public Utilities Water Services Standards Specifications. Any water service and/or Department, fire line that does not meet current standards shall be upgraded if Water Engineering continued use is necessary or abandoned if the existing service is no Division longer needed. The Owner/Developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 16 The Owner/Developer shall submit to the Public Utilities Department Public Utilities Water Engineering Division an estimate of the maximum fire flow Department, rate and maximum day and peak hour water demands for the project. Water Engineering This information will be used to determine the adequacy of the Division 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.1 of the Water Utility Rates, Rules, and Regulations. 17 The property owner/developer shall coordinate with Electrical Public Utilities Engineering to establish electrical service requirements and submit Department, electric system plans, electrical panel drawings, site plans, elevation Electrical Engineering plans, and related technical drawings and specifications. Division 18 Prior to connection of electrical service, the legal owner shall provide Public Utilities to the City of Anaheim a Public Utilities easement with dimensions as Department, shown on the approved utility service plan. Electrical Engineering Division 19 Prior to connection of electrical service, the legal owner shall submit Public Utilities payment to the City of Anaheim for service connection fees. Department, Electrical Engineering Division 20 The neon accent lighting on the top of the parapet wall shall not be Planning and Building permitted on the south building wall facing the residential properties. Department, Planning Services Division 21 Final landscaping plans in compliance with all Code requirements Planning and Building shall be submitted for review and approval by the Planning and Department, Building Director or his/her designee, including the required clinging Planning Services vines on the trash enclosure. Landscaping shall be installed prior to Division the issuance of a Certificate of Occupancy. - 10- PC2018-045 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 22 Locations for future above -ground utility devices including, but not Planning and Building limited to, electrical transformers, water backflow devices, gas, Department, communications and cable devices, etc., shall be shown on plans Planning Services submitted for building permits. Plans shall also identify the specific Division screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 23 All required on-site Water Quality Management Plan, Public Works Grading/Drainage, and public right of way improvements (if any) Department, shall be completed, operational, and are subject to review and Development Services approval by the Construction Services Inspector. Division 24 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 clearly Department, labeled on building plans. Traffic Engineering Division 25 Owner/Developer shall install an approved backflow prevention Public Utilities assembly on the water service connection(s) serving the property, Department, behind property line and building setback in accordance with Public Water Engineering Utilities Department Water Engineering Division requirements. Division 26 Address numbers shall be positioned so as to be readily readable from Police Department the street (minimum height of 4 inches). Number should be illuminated during hours of darkness, and rear entrance doors shall be numbered in the same address numbers or suite number of the business. 27 Building shall be equipped with a comprehensive security alarm police Department system (silent or audible) for the following coverage areas: • Perimeter of building and access route protection. • High valued storage areas. In addition, complete a Burglary/Robbery Alarm Permit application, Form 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.anabeim.net/article.asp?id=678 - 11 - PC2018-045 GENERAL 28 Ongoing during project operation, should the vehicle queue reach Public Works Imperial Highway, staff members shall be positioned at the end of the Department, on-site queue near the Imperial Highway entrances to direct traffic. Traffic Engineering This measure shall be implemented for a short timeframe, as needed, Division until the queue dissipates. 29 The following minimum clearances shall be provided around all new Public Utilities and existing public water facilities (e.g. fire hydrants, service laterals, Department, meters, meter boxes, backflow devices, etc.): Water Engineering • 10 feet from structures, footings, walls, stormwater BMPs, Division power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. 30 No public water mains or laterals shall be allowed under driveways, Public Utilities parking stalls, or parking lots. Department, Water Engineering Division 31 Adequate lighting of parking lots, passageways, recesses, and grounds Police Department 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 person, property, and vehicles on-site. 32 Monument signs and addresses shall be well lighted during hours of Police Department darkness. 33 All entrances to parking areas shall be posted with appropriate signs Police Department per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. 34 Any tree planted on-site shall be replaced in a timely manner in the Planning and Building event that it is removed, damaged, diseased and/or dead. The property Department, shall be permanently maintained in an orderly fashion by providing Code Enforcement regular landscape maintenance, removal of trash or debris, and Division removal of graffiti within two (2) business days from time of discovery. 35 Ongoing during project operation, should the vehicle queue impact Planning and Building on-site traffic circulation or access to and from parking stalls, staff Department, members shall be positioned at strategic locations to direct traffic and Planning Services the direction of the queue line. This measure shall be implemented, Division as needed, until the queue dissipates. -12- PC2018-045 36 Hours of operation shall be limited to the following: Planning and Building Sunday — Thursday 9 a.m. to 12 a.m. Department, Friday and Saturday 9 a.m. to 2 a.m. Planning Services Division 37 The speaker box volume on the menu order board shall be set to Planning and Building minimize noise impacts to the surrounding residential properties. The Department, volume shall be lowered at 10 p.m. so not to be audible from Planning Services residential property lines. Division 38 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all Planning Services claims, actions or proceedings brought against Indemnitees to attack, Division 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. 39 The subject property shall be developed substantially in accordance Planning and Building with the plans and specifications submitted to the City of Anaheim by Department, the applicant and which plans are on file with the Planning Planning Services Department. Division 40 All new landscaping shall be installed in conformance with Chapter Planning and Building 18.46 "Landscape and Screening" of the Anaheim Municipal Code Department, and shall be maintained in perpetuity. Landscaping shall be replaced Planning Services in a timely manner in the event that it is removed, damaged, diseased Division and/or dead. 41 Approval of this application constitutes approval of the proposed Planning and Building request only to the extent that it complies with the Anaheim Municipal Department, Zoning Code and any other applicable City, State and Federal Planning Services regulations. Approval does not include any action or findings as to Division compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 42 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building Planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. - 13 - PC2018-045