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Resolution-PC 2009-107RESOLUTION NO. PC2009-107 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 2 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO 2009-05456 AND VARIANCE NO 2009-04802 (DM/2009-00030) (2820 2830 EAST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2009-05456 to demolish a fast food restaurant and construct a new 2,192 square foot, fast food drive-through restaurant and Variance No. 2009- 04802 to provide landscape setbacks that are less than required by code 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. WHEREAS. this property is currently developed with a fast food drive-through restaurant located in the C-G (General Commercial) zone and the Anaheim General Plan designates the property for commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 26, 2009. at 3:30 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, to hear and consider evidence for and against said proposed conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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 a conditional use permit, does find and determine the following facts: 1. The request to demolish a Carl's Jr. fast food drive-throu di restaurant and construct a new 2,192 square foot Carl's Jr fast food drive-through restaurant is properly one for which a conditional use permit is authorized under Code Section Nos. 18.08.030 (Primary Uses, Commercial Zones) and 1838.220 (Restaurants Outdoor Seating and Dining) of the Anaheim Municipal Code. 2. The proposed fast food drive-through restaurant, as conditioned herein. would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the site has been developed with a fast food drive-through restaurant with no adverse affects to adjoining land uses. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety of the citizens of Anaheim because a new fast food drive-through restaurant replacing an existing 1 PC2009-107 fast food drive-through restaurant of comparable size will not impact the development of the area. 4. 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 volume of traffic planned for the streets and highways in the area and 35 parking spaces will be provided as required by Code. 5. 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 as the proposed land use will continue to be compatible with the surrounding area in the same manner as the existing fast food drive-through restaurant and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, said 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 a Variance for landscape setbacks, does find and determine the following facts: 1. The applicant requests a variance from the following Code Section to provide landscape setbacks that are less than required by code: (a) SECTION NO. 18.08.060.010 Minimum landscape setback (10-foot wide minimum landscape setback required adjacent to a single-family zone; up to 3 feet, 8 inches wide setback proposed) 2. That there are special circumstances applicable to the property. including the size, shape and location of this property, which do not apply to other properties under identical zoning classification in the vicinity because of the existing vehicular access along the south portion of the property that restricts the ability to provide a full landscape setback without a significant reduction of the vehicular access and creation of an inconsistent drive aisle width between adjacent properties; 3. That, because of special circumstances shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because abutting properties do not provide a landscape setback for adjacent residential properties. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 2 (Replacement or Reconstruction) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2009-05456 and Variance No. 2009-04802 subject to the conditions of approval described in Exhibit "B" attached hereto and -2- PC2009-107 incorporated by this reference, 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (0 equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this Conditional Use Permit and Variance is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations 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 Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 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 ESO VE 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 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 October 26, 2009. CHAIRMAN, ANA EIM CITY PLANNING COMMISSION AILE T• f Yw SEI' IOI SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC 0 -107 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 1, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 26, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, BUFFA, I A AI I, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGA WAL, FAESSEL IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of October 2009. SENIOR SE6R.ETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2009 -107 XH "A" CONDITIONAL USE PERMIT NO. 2009 -05456 VARIANCE NO. 2009 -04802 C 5 2 I APN: 253- 4 253-261-02 1 287" 141 EPURITAN PL E Source: Recorded Tract Maps andior City GIS. Please note the accuracy is two to five feet. 10860 PC2009-107 7 NO. EXHI IT "B" CONDITIONAL USE PERMIT NO. 2009-05456 VARIANCE NO. 2009-04802 (DEV2009-00030) CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The developer shall make cash payment (in-lieu of street widening) for the Lincoln Avenue frontage because the rnidblock street widening is not practical at this time. .A1VIC 18.40.060.030] Credit shall be applied for Citywide Traffic Impact Fee equaling the difference of the fees for the proposed and existing square footage shall be paid to the City of Anaheim, in an amount established by the City Council Ordinance/Resolution prior to the issuance of a building permit. This fee will be used to fund traffic and transportation improvements within the area impacted by this project. Said fee shall be subject to adjustment by the City Council. PRIOR TO FINAL BUILDING AND ZONING INSPECTION 3 Fire lanes shall be posted with "No Parking Any Time." Said information shall be specifically shown on plans submitted for building permits. Roof-top address numbers for the police helicopter shall be a minimum size of 4' in height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. This building shall have clearly marked doors with numbers corresponding to the alarm zones, if any. The identifications of alarm zone coverage will assist responding police and security units in faster identification and apprehension of potential suspects. Wide-angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised. RESPONSIBLE FOR MONITORING Public Works, Traffic SL. Transportation Division Public Works. Traffic Transportation Division Police Department Police Department Police Department PC2009-107 6 8 A comprehensive security alarm system shall be provided Police for the perimeter building and access route protection and Department interior door to shipping and receiving area. The business shall be equipped with an alarm system Police (silent or audible). Department 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.anaheim.netiarticle.asOid=678 Police Department Address numbers shall be positioned so as to be readily Police readable from the street. Numbers should be illuminated Department during hours of darkness. 10 Monument signs and addresses shall be well lighted Police during hours of darkness. Department 11 Adequate lightin of parking lots and grounds contiguous to buildings shall be provided with lighting of a minimum one-foot candle to provide adequate illumination to make Police clearly visible the presence of any person on or about the Department premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. 1? Exterior doors to have adequate security hardware, e.g. Police deadbolt locks. Department 13 All exterior doors shall have their own light source, which Police shall adequately illuminate door areas at all hours to make Department clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 14 Parking areas shall have appropriate signs per 22658(a) Police C.V.C. posted, to assist in removal of vehicles at the Department property owners/managers request. 15 "No Trespassing 602(k) P.C." sign posted at appropriate Police place where visible to the public. Sign must be at least Department 2' xl in overall size, with white background and black 2" lettering. 16 File Emergency Listing Card, Form APD-281, with the Police 7 PC2009-107 GENERAL Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.netiarticle.astVid.678 Department 17 On-going during project operation, no required parking Public Works, areas shall be fenced or otherwise enclosed for outdoor Traffic storage uses. Transportation Division -8- PC2009-107