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Resolution-PC 2008-65RESOLUTION NO. PC2008-65 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMIMNG THAT PREVIOUSLY-CERTIFIED ENVIRONMENTAL IMPACT REPORT NO. 323 IS APPROPRIATE TO SERVE AS THE ENVIRONMENTAL DOCUMENTATION FOR THE PROJECT AND APFROVING CONDITIONAL USE PERMIT NO. 2008-05310 (SOUTHEAST CORNER OF LEMON AND DURST STREETS - ANAHEIM GATEWAY PR07ECT) WHEREAS, on August 8, 2000, Environmental Impact Report No. 323 was certified by the Anaheim Ciry Council in conjunction vtith the approval of Conditional Use Permit No. 4171 tp permit construction of a 281,133 squaze foot commercial retail center of regional significance, including a home improvement store, health club, three drive-through fast food restaurants, two full- serve restaurants, a multi-tenant pad building, and a freeway-oriented freestanding sign, and with waiver of minimum number of parking spaces on 263 acres of property located at 1500 North Lemon Street; and WHEREAS, Yhe Anaheim Planning Cammission did receive a verified Petition for a Conditional Use Permit to permit a 2,675 square foot fast food drive-through restaurant and a 6,630 square foot commercial retail building in connection with the existing Anaheim Gateway commeroial shopping center for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference. WH~REAS, this property is located in the General Commercial (CG) Zone and the Anaheim General Plan designates this property for General Commercial land uses, and WHEREAS, the applicant has requested approval of a conditional use permit to permit a fast Food drive-through restaurant and a commercial retail center witb up to five units pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 28, 2008, 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 the Anaheim Municipal Code, Chapter 18.60 "Pmcedures", to hear and consider evidence for and against said proposed request and to investigate and make findings and recommendations in connection therewith; 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 proposed request to permit a restaurant with a drive-through lane and a commercial retail center with up to five (5) units is properly one for which a conditipnal use permit is authorized under Code Section 18.08:030.040:0402 of the Anaheim Municipal Code; and 1- PC2008-65 2. That the restaurant with a drive-through lane and a commercial retail center, as cpnditioned, wifl not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the uses and environmental impacts are consistent with the analysis in the previously-cedified Environmental Impact Report No. 323 for the Anaheim Gateway project and were included as a part of that project's development plans. Further, there is adequate parking to accommodate the development of the proposed uses. 3. That the size and shape of the site is adequate to allow the drive-through restaurant and commercial retail building and use in a manner not detrimental to either the particular area or healkh and safety as the proposed plans conform with the General Commercial (GG) requirements including the req~~ired number of parking spaces. 4. That the traffic generated by the use of the property will not impose an undue burden upon the skreets and highways designed and improved to carry the traffic in the area and; 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety pf the citizens of the City of Anaheim. 6. That no one indicated their presence at said public hearing in opposition; and that np correspondence was received in opposition ro the subject petition. WHER~AS, the Ciry Council certified ~nvironment Impact Report No. 323 in connection with Conditional Use Permit No. 4171 approving the Anaheim Gateway project. The EIR addressed the environmental impacts and mitigation measures associated with the Anaheim Gateway projeck Therefore, Environmental Impact Report No. 323 together with Mitigation Monitoring Plan No. 113 are adequate to serve as the required environmental documentation for this proposal and satisfy all the requirements of CEQA, and that no further environmental documentation need be prepared for the proposed project actions. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planni~g Commission does hereby approve Conditional Use Permit No. 2008-05310 to permit a fast food drive-through restaurant and a commercial retail center wihh up to five units subject to 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 health, safety and general welFare of the Citizens of the City of Anaheim: -2- PC2008-65 No. Conditions of Approval PRl`OR TOISSUANGE OF GIUIDING P~RN1lT ':= Responsible for Monitoring 1 The applicant shall submit to the Public Works Department, Public Works 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 iiirectly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. o Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. o Incorporates TreatmenY Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements For the Treatment Control BMPs. a Identifies the entity that will be responsible for long- term operation and maintenance of the Treahnent Control BMPs, and • Describes the mechanism for fimding the long-term operation and maintenance of the Treatment Control BMPs. 2 ThaY prior to issuance of a grading permit plans shall identify: Public Works MM 1 e Off-site locatio~s For construction waste exported from (Solid Waste) rhe project and options for disposal of excess material shall be identified. These options may include recycling of materials onsite, sale to a broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it wikhin Orange County. e The project applicant shall offer recyclable building materials, such as asphalt or concrete, For sale or removal by private firms or public agencies for use in construction of other projects if all cannot be reused on the project site. -3- PC2008-65 rxrax rarssrx~ve~ ~~z~~c~BU~prN~r~~nrrc ox;wr~m:a~ ~r,~: ~~r~ ~xan~z ~. ' . : t ~ : ~ , .....:~;: ~~- T~'~DAT~OFAPPROtYrIL,~~`~.. .:~~: ;°~ ~,;~i .: ... 3 That the legal property owner shall irrevocably offer to Public Works dedicate to the City of Anaheim an eight (8) foot wide easement for road and public utility purposes from the existing right-of-way of Lemon Street and a corner cutoff. 4 That the centerline to curb width on Lemon Street should be Public Works. widened to 43 feet with a five (5) foot wide landscaping (i.e. treewells) and five (5) foot wide sidewalk adjacent to the right-of-way 4ine in conformance with Public ~Yorks Standard Detail No. 160-A. Any existing infrastructure, including catch basins and bus stop locations, shall be relocated at the developer's expense, in conjunction with the street widening subject to the City Engineer's approval. Landscaping and irrigation shall be installed between the sidewalk and curb. A Right of Way Construction Permit from the Public Works Department, Development Services Division shall be obtained to install the parkway landscaping and irrigatioa These improvements shail be completed prior to final zoning and building inspection. 5 That all backflow equipment shall be located above-ground Public Utilities and outside of the minimum 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 hrought up to current standards. Any other large water system equipment shall be installed Yo 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 specificaUy shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. 6 That all requests for new water services or fire lines, as well Public Utilities as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 7 That this project has landscaping area exceeding 2,500 Public Utilities square feet and a separate irrigation meter shall be installed in comgliance with Chapter 10.19 of the Anaheim Municipal Code and Ordinance No. 5349 regarding water conservation. -4- PC2008-65 8 That the developer shall submit revised elevation and landscape plans indicating vine pockets along the east elevation of the commercial retail building including lattice treatment on the elevation to facilitate clinging vines planted every five (5) feet so as to eliminate graffiti opportunities. Said elevations shall also include modiFcations to the unit awnings for the three (3) center units indicating the awnings shall extend the full length of the units. Planning 9 That plans submitted for building permits shall indicate the Fire Department MM 2 following: (Public Services) ° All structures associated with the proposed project shall be equipped with automatic fire sprinklers. Plans and specifications for sprinkler systems shall be submitted to the Fire Aepartment for review and approval prior tot instaliation. o Permits for all underground or above ground tanks shall be obtained from the Fire Prevention Division prior to installation. 10 That plans submitted for building permits shall indicate the Planning fol lowing: Department MM3 • Lower-volume water faucets and low-flow toilets shall public Utilities (Utilities) be installed. e Re-circulating hot water systems shall be used where feasible in long piping systems (where water must be run for considerable periods befpre hot water is received at the outlet). e Plumbing fixtures shall be selected which reduce potential water loss from leakage due to excessive wear of washers. • Automatic sprinkler systems used to imgate landscaping shall be programmed to operate during the cooler periods of the day (evening and early morning) to minimize water loss from evaporation, thereby ensuang the efficient use of imgation water. Landscape imgation schedules shall be adjusted to accommodate the seasons. • Selection of drought-tolerant, low water consuming plant varieties shall be used to reduce imgation water consumption in new landscaped areas. e Efficient irrigation systems shall be installed which minimize runoff and eva oration and maximize the -5- PC2008-65 water that will reach plant roots. o The project shall comply with the water wnservation requirements of Title 20 and 24 of the California Administrative Code. 11 The following shall be complied with: Public Utilities MM 4 o The applicant shall pay fees in accordance with (Energy) ~aheim's Electric Rates Rules and Regulations Por installation of backbone cables, switches and related facilities to provide electrical distribution to and within the proposed project site. o The applicant shall pay fees in accordance with Anaheim's Electric Rates Rules and Regulations for electrical commercial/industrial services for specific uses within the pro}ect site. o High-efficiency lamps shall be installed for all street and parking lot lighting to reduce electricity consumption. Street lighting shall be provided along Durst Street. All new deveiopments shall instali the street lighting facilities required in accordance with the official street lighting standards on file in the Public Utilities Department. 12 That the project applicant shall cpnsult ~vith The Gas Planning MM 5 Company regarding feasible energy conservation measures. The Gas (Energy) Company 13 That the applicant shall comply with the National Pollutant Public Works MM 6 Discharge Elimination System. A general permit for canstruction activities shall be certified by the Regional Water Quality Control Board. The applicant shall comply with the Water Quality Management Plan requirements set forth by the City of Anaheim. 14 That the roll-np door for the electrical room of the Planning commercial retail center shall be eliminated. Plans shall reflect swing doors designed consistent with the architecture of the building. ONGOLNGIXUR INGGONSTRUCT`IQN-;'`;, : . 15 ThaY during constmction: Planning MM 7 o The constructipn area and vicinity (within a 500-foot Public Works (Air Qualiry) radius) shall be swept and watered at least twice daily, or more as needed. -6- PC2008-65 o Site aecess point shall be swept or washed within thirty minutes of visible dirt deposition on any public _ roadway. • On-site stockpiles of debris, dirt, or rusty material shall be covered or watered twice daily. o Operations on any unpaved surfaces shall be suspended when winds exceed 25 miles per hour. e_ Idling of trucks shall not exceed ten minutes, to khe maximum extent feasible consistent with construction activity. 16 That during constmction: Planning MM 8 e Major construcYion activity shall be limited to the (Noise) hours of 7 a.m. and 7 p.m. daily. putside of the hours, no activity shall take place that would result in a noise level of 60 dBA or above at the site boundary for any extended period. o pll equipment operating oo-site shall have properly operating mufflers. a Equipment shall not be left idling for long periods; instead, it should be switched off. • An area shall be designated for delivery of materials and equipment to site. This area shall be located as far From the residential properties located tp the west of the site as is practical. 17 That prior to commencement of framing Fire hydrants shall Fire MM 9 be placed at approximately 300-foot intervals throughout the entire project site. Exact fire flow requirements and fire (Public Services) hydrant locations shall be determined by the Fire Department. Fire apparatus access shall be provided to all structures. 18 That in the event that cultural resources are encountered Public Works MM 10 during the course of construction, grading or other activities with the potential to disturb such resources shall be halted, (Cultural and a qualified archaeologist shall be called to the site to Resources) assess the significance of the resources and make recommendations concerning their disposition. -7- PC2008-65 FRtORTfJFINA LB[TZLDING~4INZ?ZQt'1'INGINSPECTIOZV: . ", :..: ,; ;; .:< - : <. 19 That the developer shall to remove and relocate any traffic Public Works signal poles and equipment at the intersection of Orangefair Avenue and Lemon Street, if necessary, at the developer's expense. This intersection is under the jurisdiction of the City of Fullerton and all necessary permits shall be obtained from City of Fullerton, Department of Public Works. 20 The applicant shall: Public Works e Demonstrate that all structural BMPs described in the Project WQMP have been coustruoted and installed in conformance with approved plans and specifications. • Demonstrate that the applicanY is prepared to implement all non-structural BMPs described in the Project WQMP e Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. e Submit for review and approval by the City an Operation and Maintenance Plan for all stmctural BMPs. ~E11XER<4~ ': `. ., ," "~.,: ".:~ ~:.,;. . . ... .. ~ ;.;:., ,.:..,: ;: . . ~. .. 21 That on-going during business operations, no parking area Planning shall be fenced off or otherwise enclosed for outdoor storage uses. 22 That prior to final building and zoning inspection, fire lanes Planning shall be posted with "No Parking Any Time." Said information shall be specifically shown on plans submitted for buildi~g permits. 23 That rear entrance doors for both the restaurant and Police commercial building shall be numbered with the same address numbers or suite numbers of the business with a minimum letter height of minimum (4) inches. 24 That adequate lighting of parking lots, driveway, circulation Police areas, aisles, passageways, recesses and ground contiguous to buildings shall be provided wiYh lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the gremises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. -8- PC2008-65 25 That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Planning 26 That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City oFAnaheim by the petitioner and which plans are on file with the Planning Department marked E~ibit Nos. 1 through 11, and as conditioned herein. 27 That approval of this application constitutes approval of the Planning proposed request only to the extent that is 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 compliance 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 gredicated upon applicant's compliance with each and all of the conditions hereinabove set forkh. 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 RE50LVED 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. Failure to pay all charges shall result in the revocation of the approval of this applicaHon. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 28, 2008. Said resolution is subject to the appeal provisions set forth in Chapker L8.60 "Zoning Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ~ i~ CHAIRMAN PRO- MPO , ANAHEI PLANNING COMMISSION ATTEST: ~~~ SECRETARY, ANAHEIM PLANNING COMMISSION -9- PC2008-65 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on May 28, 200$, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL KARAKI, ROMERO,VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN -- IN WITNESS WHEREOF, [ have hereunto set rny hand this ~~~~ day of -,IM~ ,2008. IOR SECRETARY. ANAHEIM PLANNING COMMISSION -10- PC2008-65 Exhi bit A . i i i i ~ i i I i ~ Q i ~ i ~, ! ~ I i ~ 1 ~ i i i o i 1 N ~ i i W ~ 1 ~ I I I Z I I ~ 1 I O I. i I I 1 I I 1 ~ I I I 1 ;~ DURST STREET b ]10 J4' 1 1 ~ ~ v~ `~s. 1 ORANGEFAIR AVE ' aoaaa• i 1 1 1 1 1 1 "-_~ F = (~ 1 __~ ~ ~ 1 '___~ ~ 1 W - J ; 1 ' ~ , ' ~ FULLERTONpTY.LIMITS ANAHEIM qTY LIMI iS • ~ ~~' - . . ~ RIVERSIDE FREEWAY n ~ ~ so .~no ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Source: Recorded Tract Maps and/or Ciry GIS. ~ vcci Please nole the accueacy is +/- (wo lo five feel. Subject Property r----•--i ~ Conditional Use Permit No. 2008-05310 ~ , , ~ ~~ ~~ W.LAPHLMAAV E 2 E~IAPALIAAAVE Southeast Corner of Lemon and Durst Streets iosas Item No. 3 ~ GG CG \\ AVTO DENiA ~ PEPAIR dFFIL ~ ~ ' ~ ~ g ~E ~ 1 ~ C-G Q ~ ~ ~ NEVGHBORHOOD 3 z.~ SHOPPINGCENTER W w~? N ~ ' ¢ ~ ~ LL' ~ ~ ~ ~ ~ ! ~-aio~-~{ DURST STREET o ~ ~ i 1 GG ~ . MCDONAL~S i 1 ~ 1 W ~m GG ' 4 24 HOUR FITNE55 Z ~ E ~ ~ ~i~ J !o`e 1„' ~°a" ~Sp 1 ~ ~ E 1U ~ AMAHEIM qTY LIMITS ~~ RIVERSIDE FREEWAY C-G VACANT May 28, 2008 Q Subject Property Conditional Use Permit No. 2008-05310 Southeast Corner of Lemon and Durst Streets c-c RC~ 99-00-10 RCL 53~54-3 cuP zooe-asaio T•CUP 2007-05271 T-CUP 2006-0514: CUP 2001-0445fi T-CUP 2001-0444~ T-CUP 20~1-0440: T-CUP 2001-0 4 3 51 T-CUP 2001-0439: CUP 4171 CUP 3994 CUP 3344 CUP 1414 VAR 2001-04458 VAR 4162 SCW 2003-00022 $~W 2~~2-~0~2~ (CUP 3834) (CUP 3791) (CUP 3334) (GUP 2298) (WP 2098) VACANT ' OR4NGETHORPE WqY INDUSTRIAL CENTER 34 IND UNITS GG LOWE'S HOME IMPROVEMENT WAREHOUSE GG LA CUR4CA0 10536 ORANGEFAIR AVE