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Resolution-PC 2009-125RESOLUTION NO. PC2009 -125 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE PERMIT NO. 2009-05433 AND VARIANCE NO. 2009 -04799 (DEV2009- 00055) (601-697 NORTH EUCLID STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2009 -05433 to convert an existing restaurant into one fast food take -out restaurant and one drive through fast food restaurant, in an existing commercial shopping center and Variance No. 2009 -04799 to allow fewer parking spaces 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 developed with a commercial retail center and is located in the General Commercial (C -G) zone and is also located in the Merged Redevelopment Project Area and the Anaheim General Plan designates the property for Regional Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 7, 2009, 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, 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 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 convert an existing restaurant into a drive through restaurant in an existing commercial shopping center is properly one for which a conditional use permit is authorized underl 8.08.030.040.0402 (Restaurants drive through) of the Anaheim Municipal Code. 2. The drive- through restaurant will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because there is adequate parking and circulation on -site to serve this use. 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. 1 PC2009 -125 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 as the parking study indicates that adequate parking will be provided for the proposed use. 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 and will provide a land use that is compatible with the surrounding area. 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 a variance, does find and determine the following facts: 1. The applicant requests a variance from the following Code Section to provide less parking than required by Code: (a) SECTION NO. 18.42.040.010 (Table 42 -A) Minimum number of parkinu spaces (937 spaces required; 683 spaces proposed) 2. The above mentioned variance, under the conditions imposed, 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 the proposal under the normal and reasonably foreseeable operation of the use. The parking analysis prepared by Kimley -Horn and Associates, Inc., licensed traffic engineers, dated February 2009 and October 19, 2009, concludes that although code requires 937 spaces, the maximum demand for all combined uses would be 643 spaces and an adequate parking supply is provided on -site to accommodate the conversion of an existing restaurant into one fast food take -out restaurant and one drive through fast food restaurant, in an existing commercial shopping center. 3. The parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity because the proposed project will not increase or compete for on- street parking and as indicated in the aforementioned parking study, the existing parking is more than adequate to accommodate both the existing and proposed peak parking demands. 4. The variance will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained on -site and will not encroach into other parking facilities. 5. The variance will not increase traffic congestion within the off street parking areas provided for the proposed use as indicated in the parking study because the supply of parking spaces is adequate for the existing and proposed uses and there are no new ingress or egress points proposed. 2 PC2009 -125 WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1 (Existing Facilities) 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, for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2009 -05433 and Variance No. 2009 -04799 subject to the conditions of approval described in Exhibit "B" attached hereto and 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. BE IT FURTHER RESOLVED, that this conditional use permit and variance are approved without limitations on the hours of operation or 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) 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 conditional use permit 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 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 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 RESOLUTIgIwas adopted at the Planning Commission meeting of December 7, 2009. CHAIRMA1 NXI ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION CILLTICia COMMISSION 3 PC2009 -125 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, 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 Planning Commission held on December 7, 2009 by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI ROMERO COMMISSIONERS: NONE COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 7` day of December 2009_ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION NOES: ABSENT: 4 PC2009 -125 111S111u1 I] I I III 11 I1 II APN: 272 041 07 =ELI W GREENLEAF AVE 1111111111111111 0 50 100 FQvt 111111111111 MIL IN I 1111 III 111111111111u1 EXHIBIT "A" DEV2009-00055 J 1 1111111111111 1 cn cv a N CO 740.87' 7:14 8 9' rn W CRESCENT AVE I I I- i Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +f- two to five feet. 10876 5 PC2009 -125 CONDITIONAL USE PERMIT NO. 2009-05433 AND VARIANCE NO. 2009-04799 (DEV2009- 00055) RESPONSIBLE FOR MONITORING PRIOR TO ISSUANCE OFA BUILDING PERMIT NO. CONDITIONS OF APPROVAL 1 2 All roof-mounted shall be screened from public view and PIanning shall be shown on building plans. PRIOR TO FINAL BUILDING AND ZONING INSPECTION 3 The business shall be equipped with an alarm system Police (silent or audible). Department 4 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: httn:11wwlv.anaheim.net/article.aso?id=678 5 6 EXHIBIT "B" Curbs adjacent to the drive aisles shall be painted red to prohibit parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works, Traffic R Transportation Division 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. Rear entrance doors shall be numbered in the same Police address numbers or suite number of the business. Department Minimum height of 4 inches is recommended. 7 Monument signs and addresses shall be well lighted Police during hours of darkness. Department 8 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. 6 PC2009 -125 10 GENERAL 13 9 Exterior doors to have adequate security hardware, e.g. deadbolt locks. Each different unit within the building shall have its particular address displayed on its front and rear doors or directly above the front and rear doors. 11 File Emergency Listing Card, Form APD -281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: htto:/ /www.anaheim,net/article.asn ?id =678 12 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division 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 1- gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. On -going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. 14 The property shall be permanently maintained in an orderly fashion through the provision of regular Iandscaping maintenance, removal oftrash or debris, and removal of graffiti within twenty -four (24) hours from the time of discovery. 15 All request 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. 7 Police Department Police Department Police Department Public Works, Streets and Sanitation Public Works, Traffic Transportation Division Code Enforcement Public Utilities, Water Engineering PC2009 -125 16 Subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the business owner and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan), Exhibit No. 2 (Enlarged Site Plan), Exhibit No. 3 (Floor Plan) and Exhibit No. 4 (Elevations) and as conditioned herein. Planning 8 PC2009 -125