Resolution-PC 2019-031RESOLUTION NO. PC2019-031
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM AMENDING CONDITIONAL USE PERMIT
NO. 3957 AND APPROVING VARIANCE NO. 2019-05123 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2018-00138)
(1750 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, on September 3, 1997, and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission"),
by Resolution No. PC97-121, approved Conditional Use Permit 3957, in part, to construct an B-
lot, planned "mixed-use" commercial center, including a 140 -room Marriott Towne Place Suites
hotel, a drive-through fast food restaurant, up to five semi -enclosed restaurants with sales of
alcoholic beverages for on -premises consumption, retail, office, and bank uses, a fitness center,
and up to 5 monument signs with waivers to (i) required lot frontage; (ii) minimum landscape
setbacks; (iii) minimum parking lot landscaping; (iv) maximum aggregate area of signage in the
CO Zone; (v) minimum number of parking spaces; (vi) minimum structural setbacks adjacent to
arterial highways; (vii) minimum structural setbacks adjacent to interior site boundary lines (herein
referred to as the "Original CUP") for that certain real property located at 1700-1760 South State
College Boulevard and 2005-2125 East Katella Avenue in the City of Anaheim, County of Orange,
State of California (the "Original Property"); and
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for an amendment to the Original CUP ( "Conditional
Use Permit No. 3957A") and Variance No. 2019-05123 to delete certain conditions of approval
and approve the construction of a new 4,519 square foot restaurant with a drive through lane with
more signs than are permitted by Code (the "Proposed Project") at 1750 South State College
Boulevard as generally depicted on the map attached hereto as Exhibit A and incorporated herein
by this reference (the "Property") in conjunction the existing commercial retail center on the
Original Property; and
WHEREAS, the Property consisting of approximately 0.76 -acres is development with a
bank building. The Land Use Element of the Anaheim General Plan designates the Property for
"M -U" Mixed Use land uses. The Property is located in both the "O -L" Low Intensity Office and
the Platinum Triangle Master Land Use (PTMU) Overlay Zone. Generally, the property owner
may elect to use the development standards and regulations of Chapter 18.20 (Platinum Triangle
Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code (the "Code") or the
regulations of the underlying zone, i.e., that of the "O -L" Low Intensity Office Zone. However,
the provisions of Chapter 18.20 do not apply to parcels that will be developed entirely under the
standards of the underlying zone, which is the case with the Proposed Project; and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 8, 2019 at 5:00 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear
and consider evidence for and against the Proposed Project, including, specifically, Conditional
Use Permit No. 3957A and Variance No. 2019-05123, 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 the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of 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 also finds and determines that the effects of the
proposed construction of a new 4,519 square foot restaurant with a drive through lane with more
signs than are permitted by Code are typical of those generated within that class of projects (i.e.,
Class 3 — New Construction or Conversion of Small Structures) which consists of the construction
and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA
Guidelines provides examples of projects that qualify for an exemption from the provisions of
CEQA, one of which being the construction of commercial buildings 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 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 to permit the Proposed Project on the Property does find and
determine the following facts:
1. The proposed request to construct a new 4,519 square foot restaurant with a drive
through lane is an allowable use within the "O -L" Low Intensity Office Zone under subsection
.010 of Section 18.08.030.010 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject
to a conditional use permit and the zoning and development standards of the "O -L" Low Intensity
Office Zone; and
2. The proposed request to construct a new 4,519 square foot restaurant with a drive
through lane would not adversely affect the adjoining land uses, or the growth and development
of the area in which it is proposed to be located because the Proposed Project is one that is the
same as, and consistent with, other uses on the Original Property, and would not have an adverse
effect on adjacent residential and commercial uses; and
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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 either the particular area or health and safety
because the site can accommodate the parking, traffic flows, and circulation without creating
detrimental effects on adjacent properties; 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 is provided to accommodate the existing use; 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 is designed to be
compatible with the existing building and surrounding properties, subject to compliance with the
conditions contained herein; 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 delete Conditions of Approval Numbers 23, 25, 26, and
27 of Conditional Use Permit No. 3957 does find and determine the following facts:
1. The proposed request to delete Conditions of Approval Numbers 23, 25, 26, and 27
of Conditional Use Permit No. 3957 is permitted under Section 18.60.190.030 (Amendment of
Permit Approval) of Chapter 18.60 (Procedures) of the Code, subject to a conditional use permit;
and
2. The proposed request to delete Conditions of Approval Numbers 23, 25, 26, and 27
of Conditional Use Permit No. 3957 would not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located because the Proposed
Project is one that is the same as, and consistent with, other uses on the Original Property, and
deleting these conditions of approval would not have an adverse effect on adjacent residential and
commercial uses; and
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 either the particular area or health and safety
because the site can accommodate the parking, traffic flows, and circulation without creating
detrimental effects on adjacent properties and deleting these conditions of approval would not have
any impact on this finding; 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 is provided to accommodate the existing use deleting
these conditions of approval would not have any impact on this finding; 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 is designed to be
compatible with the existing building and surrounding properties, subject to compliance with the
conditions contained herein deleting these conditions of approval would not have any impact on
this finding; and
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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 Variance No. 2019-05123, does find and determine that
the required findings for approval of a variance to allow more wall signs than are permitted by the
Code can be made because:
1) 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 Proposed Project is required to be constructed with setbacks that
are greater than the adjacent uses to the north and the south, thereby setting the building back
further from the street than the adjacent buildings limiting the amount of visible sign area on the
proposed building.
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. Four other restaurant businesses on the Original Property have wall
signs on three different elevations.
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
amend Conditional Use Permit No. 3957, deleting Condition Numbers 23, 25, 26, and 27 of
Resolution No. 97-121 contingent upon and subject to the conditions of approval set forth in
Exhibit B attached hereto referred to as "Conditions of Approval" and incorporated herein by this
reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property
for which Conditional Use Permit No. 3957A is applicable 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 and Building
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, effective upon the effective date of this Resolution,
the Conditions of Approval are hereby added to, and included with, Resolution No. 97-121. All
reference to the conditions of approval for the CUP shall include both the Conditions of Approval
attached to this Resolution as Exhibit B, and Resolution No. PC97-121.
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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
July 8, 2019. 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.
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CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
_ rn�
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 July 8, 2019, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of July, 2019.
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SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "f1"
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 3957A
(DEV2018-00138)
NO.
REVISED CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMITS
1
The developer/owner shall submit a set of improvement plans for
Public Utilities
Public Utilities Water Engineering review and approval in determining
Department,
the conditions necessary for providing water service to the project.
Water Engineering
2
Prepare and submit a final grading plan showing building footprints,
pad elevations, finished grades, drainage routes, retaining walls,
erosion control, slope easements and other pertinent information in
Public Works
accordance with Anaheim Municipal Code and the California Building
Department,
Code, latest edition. The grading plans shall incorporate the required
Development Services
drainage improvements and the mechanisms proposed in the approved
Division
Final Drainage Report. No offsite run-off shall be blocked during and
after grading operations.
3
Prepare and submit a final drainage/hydrology study. The Final
Public Works
Drainage Report shall demonstrate that the post -development storm
Department,
event run-off shall be less than or equal to the existing pre -development
Development Services
storm event run-off for each watershed and that the proposed building
Division
structures shall be flood protected. Finish floor elevations shall be 1 -ft.
minimum above the 100 -year, 24 hour event water surface elevation.
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, preserve the existing flows, and
manner drainage is conveyed downstream. Any inlets in sump
condition shall be designed to capture Q25 and a secondary emergency
outlet for the sump condition is required to provide a minimum of 1 -ft.
freeboard between the maximum water surface elevation and minimum
finish floor elevation. The emergency outlet must direct overflows to
either an adequate downstream street or natural conveyance system.
The study shall conform to the applicable City's adopted Master
Drainage Plan.
4
The final Water Quality Management Plan (WQMP) shall be submitted
Public Works
for review and approval to Public Works Development Services and
Department,
comply with the most current requirements of the Orange County
Development Services
Drainage Area Management Plan (DAMP). In addition, the following
Division
conditions must be complied with in the Final WQMP:
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NO.
REVISED CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
• All comments on the Preliminary WQMP (provided previously
on June 6th) shall be addressed in the Final WQMP.
• The Final WQMP shall demonstrate that all flows from the site
are captured and routed to the treatment and infiltration system
(either by trench drain, ribbon gutter, connecting to catch
basin, or similar equally effective approach), as typically
required by the New Development Regulations.
• The Final WQMP shall demonstrate that the incoming flows to
the infiltration system are adequately pretreated. The starting
point for pretreatment is typically the use of existing landscape,
followed by inclusion of stand-alone bio -treatment (for
example, swale, biofiltration, orproprietary: Modular Wetland,
Filterra, or other acceptable approach), followed by inclusion
of a sacrificial infiltration chamber (sized for the DCV) as
necessary.
• The Final WQMP shall identify potential sources of pollutants
during the long-term on-going maintenance and use of the
proposed project that could affect the quality of the stormwater
runofffrom the project site; define Source Control, Site Design,
and Treatment Control of best management practices (BMPs)
to control or eliminate the discharge of pollutants into the
surface water runoff; and provide a monitoring program to
address the long-term implementation of and compliance with
the defined BMPs.
5
Submit a Geotechnical Report to the Public Works Development
Public Works
Services Division for review and approval. The report shall include
Department,
infiltration testing at the location of the proposed BMPs in accordance
Development Services
with the TGD criteria in order to evaluate infiltration feasibility. The
Division
Geotechnical Report shall specifically identify the infiltration testing
methodology, measurements, and results pursuant to the TGD. The
report shall be consistent with the WQMP worksheets and BMP design.
6
A Cross -Lot Drainage Agreement is required to be executed, approved
Public Works
by the City and recorded by the owner on the properties for cross -lot
Department,
drainage if there does not exist one already.
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
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NO.
REVISED CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
8
The pad grading shall be completed and the pad compaction report and
Public Works
the civil engineer's line and grade shall be submitted, reviewed,
Department,
inspected, and approved by the Public Works Department. Once the
Development Services
pad grading is completed, the following items must be submitted (to
Division
the Public Works Engineering Front Counter) for review and approval:
• Any revisions to the original grading plan related to the building
pad.
• Two (2) copies of the interim soils report indicating pad
compaction and site stability prepared by the project's
Geotechnical Engineer of Record.
• The original and two (2) copies of a letter of certification for
the building pads from the project's Civil Engineer of Record
using Exhibit D, which can be found at:
http://www.anaheim.net/DocumentCenter/View/207
9
The developer shall obtain a right of way construction permit for any
Public Works
work to be done within the public right of way. Public improvements
Department,
shall conform to City of Anaheim Public Works Standards,
Development Services
requirements and as approved by the City Engineer.
Division
10
Provide a certificate, from a Registered Civil Engineer, certifying that
Public Works
the finished grading has been completed in accordance with the City
Department,
approved grading plan.
Development Services
Division
11
A private water system with separate water service for fire protection
Public Utilities
and domestic water shall be provided and shown on plans submitted to
Department,
the Water Engineering Division of the Anaheim Public Utilities
Water Engineering
Department.
12
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
have to be brought up to current standards. Any other large water
Water Engineering
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.
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NO.
REVISED CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
13
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 coordinated
Water Engineering
and permitted through Water Engineering Division of the Anaheim
Public Utilities Department.
14
All existing water services and fire services shall conform to current
Public Utilities
Water Services Standards Specifications. Any water service and/or fire
Department,
line that does not meet current standards shall be upgraded if continued
Water Engineering
use is necessary or abandoned if the existing service is no longer
needed. The owner/developer shall be responsible for the costs to
upgrade or to abandon any water service or fire line.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
15
All remaining fees/deposits required by Public Works department must
Public Works
be paid in full.
Department,
Development Services
Division
16
All required on-site Water Quality Management Plan,
Public Works
Grading/Drainage, and public right of way improvements (if any) shall
Department,
be completed, operational, and are subject to review and approval by
Development Services
the Public Works Inspector.
Division
ON-GOING DURING PROJECT OPERATIONS
17
Ongoing during project operations, vehicle deliveries including loading
Public Works
and unloading shall be performed on site. Delivery vehicles shall not
Department,
block any part of the public right of way.
Development Services
Division
18
Any tree planted on-site shall be replaced in a timely manner in the
event that it is removed, damaged, diseased and/or dead. All existing
planning and Building,
mature landscaping shall be maintained and immediately replaced in
Planning Services
the event that it becomes diseased or dies.
Division
GENERAL
19
The following minimum clearances shall be provided around all new
Public Utilities
and existing public water facilities (e.g. water main, service laterals,
Department,
meters, meter boxes, backflow devices):
• 10 feet from structures, footings, walls, stormwater BMPs,
Water Engineering
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.
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RESPONSIBLE
NO.
REVISED CONDITIONS OF APPROVAL
DEPARTMENT
20
No public water mains or laterals allowed under parking stalls or
Public Utilities
parking lots.
Department,
Water Engineering
21
All fire services 2 -inch and smaller shall be metered with a UL listed
Public Utilities
meter, Hersey Residential Fire Meter with Translator Register, no
Department,
equals.
Water Engineering
22
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
Planning and Building,
taken, done, or made prior to the decision, or to determine the
Planning Services
reasonableness, legality or validity of any condition attached
Division
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.
23
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
planning and Building,
issuance of the final invoice or prior to the issuance of building permits
Planning Services
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
Division
revocation of the approval of this application.
24
The business premises shall be developed substantially in accordance
planning and Building,
with plans and specifications submitted to the City of Anaheim by the
Planning Services
petitioner, which plans are on file with the Planning Department, and
Division
as conditioned herein.
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