Resolution-PC 2005-156• ~
RESOLI~TION NO: PC2005-156
A RESOLUTION`OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2005-05028 BE GRANTED '
(1131 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real'property situated in the City of Anaheim, County of Orange; State of California,
described as: _
LOTS29 TO 36 INCLUSIVE INBLOCK 4-0F SUMMERFIELD AND POOENHEIMERS ,
SUBDIVISION OF THE SPOERL TRACT, JN'THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATEOF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19,PAGE
44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY.
WHEREAS, the Planning Commission'did hold a public hearing at the Civic Center in the
City of Anaheim on October 31, 2005 at 2:30 p.m;, notice of said public hearing having been duly given`as
required by law and in accordance with the provisions of tFie Anaheim Municipal Code, Chapter 18.60, to
hear and consider evidence for and against said proposed'conditional use permit and to investigate and
make findings and recommendations in connection therewith; and that said public hearing was continued to
the November 28, and December 12, 2005 Planning Commission meetings; and
WHEREAS, said 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, does find
and determine the following facts:
1. That the proposal to construct a 3,897 square-foot; three unit commercial retail center
including a drive-through coffee shop (Starbucks) under authority of Code Section No: 18.08.030.010, with
waivers of the following, is properly one for which a conditional use permit is`aufhorized:
(a) SECTION NO. 18.08.060.010.0102 Minimum landscaqed setback adjacent
to an arterial (15 feet required; 6 feet
_ proposed)
(b) SECTION NO. 18.42.040.010 Minimum number of parkina spaces
(53 required; 22 proposed and
recommended by Staff)
(c) SECTION NO. 18.42.080.020 Drive-throuqh lane location
(Drive-through lane not permitted within
setback; drive-through lane proposed in
setback)
2. That the above-mentioned waivers (a) and (c) are hereby approved as the site is uniquely
constrainedby having frontage on two public streets and a public alley, resulting in a greater obligation for
setback area than other identically zoned properties within the vicinity. Additionally, the neighboring
properties to the east and west provide no landscape setback, whereas this request includes the provision of
six feet of landscaping along Lincoln Avenue.. _
3. That the above-mentioned waiver (b) is hereby approved based upon the submitted parking
analysis prepared by Kunzman Associates, Inc., dated September 20, 2005. The City's independent Traffic
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Consultant has reviewed theparking analysis and has determined that the proposed parking area referenced
in the study would be sufficient far the proposed uses on the property.
4. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for such`use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of
such use, since the observed parking demand of similar commercial centers (Garden Grove, Westminster,
and Santa Ana) indicate thaf this site would potentially require an actual demand ranging from 13to 19
parking spaces during peak demand. The prolect would provide a total of 22 parking spaces. As a result,
the project would provide adequate off-street parking to accommodate all vehicles attributable to the project
under normal operation.
5. ' That the waiver, 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 proposed use. As
demonstrated in this parking study, the project will provide adequate parking on-site to accommodate parking
demand under normal,operation. As demonstrated in this parking study, the project will provide adequate
parking on-site to accommodate parking demand under normal operation. The sife is expected to contain a
surplus'of two to nine spaces during peak operation; therefore, no impact upon on-street parking is
anticipated as a result of this use.'
6. That the waiver, under the conditions imposed,'if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the proposed use as the property
wilf provide adeguate parking to accommodate actual parking demand. The project will provide adequate'
parking on the projecf site to accommodate its parking generation. The site will accommodate peak demand
with only 59%-86% of on-site parking spaces utilized. No demand for parking on adjacent private property is
forecasted.
7. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for such use since an existing driveway along Carteton Street would
be removed and access would be gained directly from the alley to the north. ingress and egress on Lincoln
Avenue would be right in/right out only. Therefore, traffic congestion would not be anticipated with
' implementation of the project.
8. That the 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 as the parking study has demonstrated that the site can
accommodate the combined uses on site;
9. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
10. That finro people indicated their presence at said public hearing in support; and that a letter
was received in support and a petition with 84 signatures in support was received from the applicant; and
that no one indicated their presence at said public hearing in opposition; and that no correspondence was
received in opposition to the subject petition.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning
Commission has reviewed the proposal to construct a 3,897 square-foot, three unit commercial retail center
including a drive-through coffee shop (Starbucks) with waivers of (a) minimum landscaped setback, (b)
minimum number of parking spaces, and (c) location of drive-through lane; and does hereby approve the
Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency
and that it has considered the Negative Declaration together with any comments received during the public
review process and further finding on the basis of the initial study and any comments received that there is
no substantial evidence that the project will have a significant effect on the environment.
• •
NOW, THEREFORE, BE IT RESOLVED that the AnaheimPlanning Commission does
hereby granf subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed'use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That at no time shall the Starbucks provide lunch service.
2. That the Subway sandwich shop shall not open for customers prior to 9 a.m.
3. That no additional restaurant/food service uses shalf be allowed beyond what is indicated on the
approved plan.
4. That if the Starbucks or Subway uses change, an updated parking study shall be provided to the
Planning Services Division for review and approval by staff to determine whether the assumptions
contained in the original parking study are still valid. Any decision by staff may be appealed to the
Planning Commission as a"Reports and Recommendations" item.
5. That no video, electronic or other amusement devices shall be permitted on the premises.
6. That all public phones shall be Iocated inside the building. :
7. That adequate lighting of parking lots, driveway,: circulation areas; 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. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of the adjacent residential properties. Light fixtures shall be
decorative and a maximum of 12-feet in height. Said information shall be specifically shown on plans
submitted for Police Department, Community Services Division approvaL
8. That all trash generated from the commercial retail center shall be properly contained in trash bins
located within approved trash enclosures: The number of bins shall be adequate and the trash pick-up
shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the
property. The Community Preservation Division of the Planning Department shall determine the need
#or additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-
up shall be paid by the business owner.
9. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that
it is removed, damaged, diseased and/or dead.
10. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
11. That no outdoor vending machines shall be permitted on the property.
12. That 4-foot high street address numbers shall be displayed on the roof of the building in a color that
contrasts with the roof material. The numbers shall not be visible from the streets or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
13. That there shall be no outdoor storage permitted on the premises.
14. That the property owner shall submit a letter to the Planning Services Division requesting termination of
Conditional Use Permit No. 720 (to permit an existing service station within 75 feet of residential zone
and not at an intersection of finro arterials).
15. That roof-mounted equipment shall be screened from view in accordance with the requirements of
Anaheim Municipal Code Section 18.38.170 pertaining to the GG (General Commercial) Zone. Said
information shall be specifically shown on plans submitted for building permits.
16. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
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17. That the number of tenant spaces for this commercial retail center shall be limited to three (3). Said
information shall be specifically shown on plans submitted forbuilding permits.
18. That final sign plans shall be submitted to the Planning Services Division for review and approval as to
placement, design and materials of all proposed on-site signage. The signage shall be designed to
complement the architecture of the commercial retail center. Any decision by staff maybe appealed to
thePlanning Commission as a"Reports and Recommendations"'item.
19. That all backflow equipment shall be located above ground and outside of the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or 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 the Water Engineering Department.
20. That all requests for new water services or fire lines, as well as any modifications; relocations, or
abandonments of existing water services and fire lines, shall be coordinated through Water Engineering
Division of the Anaheim Public Utilities Department.
21. That since this project has a landscaping area exceeding 2,500 square feet; a separate irrigation meter
shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information
shall be specifically shown on plans submitted for building permits.
22. That all existing water services and fire lines shall conform to current Water Service Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use if necessary or abandoned if the existing water service is no longer needed.
The owner/developer shall be responsible for the costs to upgrade or to abandon any water service of
fire line.
23. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works "
Department, Development Services Division for review and approval a Water Quality Management Plan
that:
• Addresses 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.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
• Incorporates Treatment Control BMPs as defined in DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control
BMPs.
• Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs, and describes the mechanism for funding the long-term operation and
maintenance of the Treatment Control BMPs.
24. That prior to issuance of a certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed
and installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in
the Project WQMP. ~
• Demonstrate that an adequate number of copies of the approved Projects WQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
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25. That the City of Anaheim Sewer Impact Mitigation fee for the Old Town/ Basin 8 Area shall be paid.
26. That the curb radius at Lincoln Avenue and Carleton Avenue shall be designed with a 25' radius and a
sidewalk access ramp w/ truncated domes per Public Works Standard Detail 111. The existing radius
and ramp shown on the site plan do not conform to City standards. Said information shall be
specifically shown on plans submitted for building permits.
27. That prior to grading plan approval, the applicant shall submit aDrainage Study prepared by a
registered professional Civil Engineer in the State of California. The Study shall be based upon and
reference the latest edition of the Orange County Hydrology Manual and 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 and 100-year storm
frequencies; an analysis of all drainage impacts to the existing storm drain system based upon the
ultimate project build-ouf 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.
28. That the alley shall be improved per Public Works Standard Detail No. 131 (10-foot'/2 width measured
from the alley centerline.) Said information shall be specifically shown on plans submitted for building
permits.
29. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). Said
information shall be specifically shown on plans submitted for building permits.
30. That the property owner/developer shall provide the City of Anaheim with a public utilities easement to
be determined as electrical design is completed.
31. That any required relocation of City electrical facilities shall be at the developer's expense.
32. That plans shall be submitted to the Traffic and Transportation manager for his review and approval
showing conformance with Engineering Standard No. 115 pertaining to sight distance visibility for the :
monument sign and wall/fence location.
33. That plans shall be submitted to the Planning Services Division for review and approval in conformance
with the current version of Engineering Standard Plan Nos. 436, and 470 pertaining to parking
standards and driveway location. Subject property shall thereupon be developed and maintained in
conformance with said plans.
34. That the drive-through lane shall be designed to meet the ~adius standards (minimum 16 feet interior
and 26 feet outer radius). Said information shall be specifically shown on plans submitted for building
permits.
35. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the'
Public Works Department, Streets and Sanitation Division for review and approvaL
36. That trash storage areas shall beprovided and maintained in alocation acceptable to the Public Works
Department and in accordance with approved plans on file with said Department. Said storage areas
shall be designed, located and screened so as not to be readily identifiable from adjacent streets or
highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of
plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers
or tall shrubbery. Said information shall be specifically shown on the plans submitted for building
permits. ,
37. That the project shall provide an on-site loading area for truck deliveries to be located such tfiat said
area will not be visible from Lincoln Avenue. Such information shall be specifically shown on plans
submitted for building permits.
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38. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed form
to the Anaheim Police Department.
- 39. That final elevation plans shall be submitted to the Planning Seryices Division. Said plans shall be
designed to preclude the visibility of interior storage for the individual tenants from Lincoln Avenue. Any
decision by staff may be appealed to the Planning Commission as a"Reports and Recommendations"
item.
40. That all plumbing or other similar pipes and fixtures focated on the exterior of the building shall be fully
screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
41. That a final lantlscape plan shall be submitted to the Planning Services Division for review and
approval. Said plans shall specify the'following: , '
•' The size, type, and location of all trees, shrubs, and ground cover proposed for the site.
• Minimum 24-inch box sized trees, and clinging vines along aU perimeter block walls and
landscaped fingers every ten (10) parking stalls.
•< A three-foot high solid hedge along the interior side of the landscape setback adjacent to the
drive-throughJane. ,
• Trees within the parking area evenly distributed within a0 proposed landscaped fingers.
Any decision by staff may be appealed to the Planning Commission as a"Reports and
Recommendations" item.
42. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on #ile with the
Planning Department Exhibit Nos. 1 through 5, and as conditioned herein.
43. That prior to issuance of a building permit, or within a period of one (1 } year from the date of this
resolution, whichever occurs first, Condition Nos. 7, 12, 14, 15, 17, 18, 19, 21, 25, 26, 28, 29, 30, 32; ,
33, 34, 35, 36, 37, 39, 40, and 41, above mentioned, shall be complied with. Extensions for further time
' to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
44. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 23 and 27 shall be complied with. ~xtensions for
further time to complete said conditions may be granted in accordance with Section 18.60.170 of the
Anaheim Municipal Code.
45. That prior to final building and zoning inspections, Condition Nos. 24, 38, and 42, above mentioned,
shall be complied with. Extensions for further time to complete said conditions may be granted 'in
accordance with Section 18.60.170 of the Anaheim Municipal Code.
46. That approval of this application constitutes approval of the proposed request only to the extent that it -
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to comptiance or approval of the
request regarding any other applicable ordinance, regulation or requirement
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs 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 the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
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prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 12, 2005. Said resolution is subject to the appeal provisions set forth'in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to p rocedures and may be replaced
by'a City Council Resolution in the event of an appeaL =
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RM , A HEIM PLANNING COMMISSIO
ATTEST: ,
/jX ~ " /~r9'~i.Le
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ' )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
thattheforegoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on December 12, 2005, by the following vote of the members thereof: ,
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, ROIVIERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: PEREZ
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~ , 2006:
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O:~l,wcyc.- ~ ~ t~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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