Resolution-PC 2015-005RESOLUTION NO. PC2015 -005
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING CONDITIONAL USE PERMIT NO. 2014- 05759, DETERMINING PUBLIC
CONVENIENCE OR NECESSITY NO. 2014 -00111 FOR AN ALCOHOLIC BEVERAGE
CONTROL LICENSE, APPROVING
VARIANCE NO. 2014-04985, AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00092)
(1001 -1037 NORTH MAGNOLIA AVENUE AND 2610 WEST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition for (i) Conditional Use Permit No. 2014 -05759 for
the partial demolition and reconstruction of an existing retail center, to include a drive - through
pharmacy, the renovation of the remaining portion of the center, the construction of a drive -
through fast food restaurant with drive - through lanes, and to permit the alteration of two legal
nonconforming signs, (ii) a determination of Public Convenience or Necessity to permit the sale
of beer, wine and distilled spirits at the pharmacy with a Type 21 (Off Sale - General) Alcoholic
Beverage Control ( "ABC ") license for off - premises consumption (herein referred to as "Public
Convenience or Necessity No. 2014 - 00111 "), and (iii) Variance No. 2014 -04985 to allow fewer
parking spaces than required by the Anaheim Municipal Code (the "Code ") (collectively, the
"Proposed Project ") for premises located at 1001 -1037 North Magnolia Avenue and 2610 West
La Palma Avenue in the City of Anaheim, County of Orange, State of California, as generally
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the
"Property "); and
WHEREAS, the Property is approximately 2.76 -acre in size and is developed with a
retail center containing two retail buildings totaling approximately 31,682 square feet, large
surface parking areas and five existing legal nonconforming pylon signs along Magnolia
Avenue. The Land Use Element of the Anaheim General Plan designates the Property for
Commercial- Neighborhood Center land uses. The Property is located within the "C -G" General
Commercial Zone. As such, the Property is subject to the zoning and development standards
described in Chapter 18.08 (General Commercial Zone) of the Code; and
WHEREAS, a duly noticed public hearing was scheduled before the Planning
Commission at the Civic Center in the City of Anaheim on January 12, 2015 at 5:00 p.m., which
was continued to January 26, 2015 to hear and consider evidence and testimony for and against
the Proposed Project and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, as the "lead agency" under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that the Proposed Project is within that class of projects (i.e.,
Class 2 — Replacement or Reconstruction of Existing Structures) which consists of the
replacement or reconstruction of existing structures and facilities where the new structures will
be located on the same site as the structures replaced and will have substantially the same size,
purpose and capacity as the structures replaced, and that, therefore, pursuant to Section 15302 of
Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant
effect on the environment and is, therefore, categorically, exempt from the provisions of CEQA;
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 Conditional Use Permit No. 2014 - 05759, does find
and determine the following facts:
1. The request to permit a drive - through pharmacy and a drive - through fast food
restaurant are allowable uses within the "C -G" Commercial Zone under Subsection .010 of
Section 18.08.030 of the Code provided that a conditional use permit is approved. In addition,
the request to permit a Type 21 (Off Sale - General) ABC license to permit the sale of beer, wine
and distilled spirits at the proposed pharmacy for off - premises consumption is properly one for
which a conditional use permit is authorized under Subsection .010 of Section 18.08.030 of the
Code;
2. The proposed conditional use permit to permit the demolition and reconstruction
of a portion of the existing buildings, the renovation of the remainder of the existing buildings,
the construction of a fast food restaurant building and pharmacy with drive - through lanes, and
the changes to the landscaping, parking and circulation 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 entails a complete renovation of the Property which will improve
the aesthetics of the improvements on the Property and the overall appearance of the project site,
and would not have an adverse effect on adjacent residential and commercial uses;
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 the particular area nor to the health, safety and
general welfare of the public because the Proposed Project would reduce the overall total retail
square- footage of the retail center while significantly improving the aesthetics of the Property
and the overall appearance of the project site. Further, the drive - through lanes have been
designed to minimize impacts onto the surrounding uses; 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 will be provided to accommodate the future uses.
Further, the proposed alley vacation is not anticipated to hinder circulation in the area and will
eliminate a nuisance in the area; 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 would
significantly improve the aesthetics of the buildings and the overall appearance of the project site
is compatible with the surrounding area, subject to compliance with the conditions contained
herein; and
WHEREAS, under and pursuant to Subsection .020 of Section 18.56.060
(Nonconforming Signs) of the Code, the relocation and alteration of two of the existing legal
non - conforming signs, as shown on the plans submitted by the applicant and on file with the
Planning Department, will (a) not increase the height or area of the sign copy for either of the
two signs and will bring the two signs closer into conformity with the Code, (b) improve the
aesthetics of the two signs, and (c) not be detrimental under the conditions imposed to the health
and safety of the citizens of the City of Anaheim. The two signs will be restored to resemble
their original appearance and are proposed to be integrated with the proposed renovations to the
retail center.
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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 Determination of Public Convenience or Necessity
No. 2014 - 00111, does find and determine the following facts:
1. On July 11, 1995, the City Council adopted Resolution No. 95R -134 establishing
procedures and delegating certain responsibilities to the Planning Commission relating to the
determination of "Public Convenience or Necessity" on those certain applications for a liquor
license requiring that such determination be made by the local governing body pursuant to
applicable provisions of the Business and Professions Code, and prior to the issuance of a license
by ABC.
2. Section 23958 of the Business and Professions Code provides that the ABC shall
deny an application for a liquor license if issuance of that license would tend to create a law
enforcement problem, or if issuance would result in or add to an "undue concentration" of
licenses, except when an applicant has demonstrated that "public convenience or necessity"
would be served by the issuance of a license. For purposes of Section 23958, "undue
concentration" means the case in which the premises are located in an area where any of the
following conditions exist:
(a) The premises are located in a crime reporting district that has a lower
number of "reported crimes" (as defined in Section 23958.4) than the
average number of reported crimes as determined from all crime
reporting districts within the City of Anaheim.
(b) As to on -sale retail license applications, the ratio of on -sale retail
licenses to population in the census tract or census division in which the
premises are located exceeds the ratio of on -sale retail licenses to
population in the county.
(c) As to off -sale retail license applications, the ratio of off -sale retail
licenses to population in the census tract or census division in which the
premises are located exceeds the ratio of off -sale retail licenses to
population in the county.
3. Notwithstanding the existence of the above - referenced conditions, ABC may
issue a license if the Planning Commission determines that the "public convenience or necessity"
would be served by the issuance.
4. Resolution No. 95R -134 authorizes the City of Anaheim Police Department to
make recommendations related to "public convenience or necessity" determinations; and, when
the sale of alcoholic beverages for off - premises consumption is permitted by the Code, said
recommendations shall take the form of conditions of approval to be imposed on the
determination in order to ensure that the sale and consumption of alcoholic beverages does not
adversely affect any adjoining land use or the growth and development of the surrounding area.
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5. The Property is located within Census Tract 868.01 with a population of 3,267
that allows for one (1) off -sale ABC license. There are presently five (5) off -sale ABC licenses
in the tract. The Property is located in Police Reporting District No. 1517, which has a crime
rate that is below the City -wide average; however, the Police Department evaluates these
requests based on the crime rate within a one - quarter mile radius of the premises for the subject
site. The crime rate within 1 /4 mile of this Property is 72% above the City -wide average based
upon calls for service. Since there is an over - concentration in the number of ABC licenses
within the census tract, a determination of "public convenience or necessity" is required to be
made for this request.
6. A determination of "public convenience or necessity" can be made based on the
finding that the requested license, under the conditions imposed, will not be detrimental to the
health and safety of the citizens of the City of Anaheim because the sales of beer, wine and
distilled spirits at this location will be a small percentage of overall sales for the proposed
pharmacy business and an incidental commodity provided by the proposed drug store.
7. The sale of beer, wine and distilled spirits is ancillary to the primary business
operations of the proposed pharmacy business and would serve as an added convenience to
residents and visitors to the area who choose to shop at this establishment.
WHEREAS, the Planning Commission does further find and determine that the request
for Variance No. 2014 -04985 to allow fewer parking spaces than required by the Code in
conjunction with the existing restaurant, including an outdoor patio, should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(177 spaces required; 124 spaces proposed)
1. That the variance, under the conditions imposed, if any, will not cause fewer off -
street parking spaces to be provided for the all uses on site than the number of such spaces
necessary to accommodate all vehicles attributable to such uses under the normal and reasonably
foreseeable conditions of operation of such uses. A parking analysis was prepared by KOA
Corporation, determining that the proposed number of parking spaces within the Property is
sufficient to accommodate all future uses on site. A peer review of the parking analysis was also
conducted by Kunzman Associates, Inc., which concurred with the conclusion of the analysis of
KOA Corporation;
2. That the variance, 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 Property because the proposed number of parking spaces within the Property is sufficient to
accommodate all future uses on site, as determined by the KOA Corporation parking analysis
and the Kunzman Associates, Inc. peer review;
3. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use because the proposed number of parking spaces within the Property
is sufficient to accommodate all future uses on site, as determined by the KOA Corporation
parking analysis and the Kunzman Associates, Inc. peer review;
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4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off - street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the property and are designed to allow
for adequate on -site circulation; and
5. That the variance, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use because the project site has existing ingress or egress access points that are
designed to allow adequate on -site circulation and, therefore, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the
Property; and
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
approve Conditional Use Permit No. 2014 - 05759, Determination of Public Convenience or
Necessity No. 2014 -00111 and Variance No. 2014- 04985, contingent upon and subject to the
conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this
reference, which are hereby found to be a necessary prerequisite to the proposed use of the
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 Code. Timing for compliance with conditions of
approval may be amended by the Planning 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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 26, 2015. 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.
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 January 26, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of January,
2015.
GC
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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CHAIRMAN PRO- TEMPORE, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
EXHIBIT "A"
DEV NO. 2014 -00092
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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W LA PALA AVE
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05759, DETERMINATION OF PUBLIC
CONVENIENCE OR NECESSITY NO. 2014-00111 AND VARIANCE NO. 2014-04985
(DEV2014- 00092)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
WITHIN 30 DAYS OF APPROVAL OF THE CONDITIONAL USE OR BUILDING PERMIT,
WHICHEVER OCCURS FIRST
1
Owner shall install an approved backflow prevention assembly on the
water service connection(s) serving the property, behind property line
Public Utilities
and building setback in accordance with Public Utilities Department
Water Engineering
Water Engineering Division requirements.
PRIOR TO ISSUANCE OF GRADING PERMITS
2
The applicant shall submit to the Public Works Department,
Development Services Division for review and approval a Water Quality
Management Plan that conforms with current Orange County Guidelines
and Requirements as well as the City's WQMP Review Checklist. Said
WQMP shall:
• Address Site Design Best Management Practices (BMPs) such as
Public Works
minimizing impervious areas, maximizing permeability,
Development
minimizing directly connected impervious areas, creating reduced
Services
or "zero discharge" areas, and conserving natural areas.
• Incorporate applicable Routine Source Control BMPs.
• Incorporate Treatment Control BMPs.
• Describe the long -term operation and maintenance, identifies the
responsible parties, and funding mechanisms for the Treatment
Control BMPs
3
If the disturbed area is greater than an acre, the applicant shall
demonstrate that coverage has been obtained under California's General
Permit for Stormwater Discharges Associated with Construction Activity
by providing a copy of the Notice of Intent (NOI) submitted to the State
Public Works
Water Resources Control Board and a copy of the subsequent
Development
notification of the issuance of a Waste Discharge Identification (WDID)
Services
Number. The applicant shall prepare and implement a Storm Water
Pollution Prevention Plan ( SWPPP). A copy of the current SWPPP shall
be kept at the project site and be available for City review on request.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
4
The legal property owner shall irrevocably offer to dedicate to the City of
Anaheim (a) a 53 -foot wide easement for street and public utility
purposes from the centerline of Magnolia Avenue, (b) a 60 -foot wide
Public Works
easement for street and public utility purposes from the centerline of La
Development
Palma Avenue and (c) a 30 -foot wide easement for street and public
Services
utility purposes from centerline of Felicidad Street. The form of the offer
to dedicate shall be acceptable to the City Engineer.
PRIOR TO ISSUANCE OF BUILDING PERMITS
5
The detailed landscape and irrigation plans submitted for planning staff
review and approval shall be revised to reflect the proposed site plan as
Panning Division
approved by the Planning Commission.
6
Plans shall be submitted with the building permit submittal showing an
eight -foot high block wall, as measured at grade from within the project
site, adjacent to Felicidad Street, the public alley along the south property
line, and the two residential properties. Said block wall shall include
Panning Division
openings every three feet along the base of the wall to allow clinging
vines to grow on the outside of the wall along Felicidad Street and the
public alley along the southerly property line.
7
Plans shall be submitted with the building permit submittal showing all
fire lanes posted with "No Parking Any Time." These improvements
Public Works
shall be installed and completed prior to the first final building and
Traffic
zoning inspection.
8
The developer shall submit to Public Works, Development Services
Public Works
Division for review and approval of the City Council, the Abandonment
Development
application of Public Alley.
Services
9
The developer shall submit street improvement plans to the Public Works
Department, Development Services Division to improve Magnolia
Public Works
Avenue, La Palma Avenue and Felicidad Street, in conformance with
Public Works Standard Detail 160 -A. A Right -of -Way Construction
Development
Permit shall be obtained from the Development Services Division for all
Services
work performed in the right -of -way.
10
The developer shall post security to guarantee the construction of public
Public Works
works improvements in an amount approved by the City Engineer and in
Development
a form approved by the City Attorney.
Services
11
That a private water system with separate water service for fire
protection and domestic water shall be provided and shown on plans
Public Utilities
submitted to the Water Engineering Division of the Anaheim Public
Water Engineering
Utilities Department.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
12
That all backflow equipment shall be located above ground outside
of the 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 brought up to current standards. Any other large
water system equipment shall be installed to the satisfaction of the
Public Utilities
Public Utilities Department Water Engineering Division outside of
Water Engineering
the street setback area in a manner full y screened from all pubic
streets and alleys. Said information shall be specifically shown on
plans and approved by Water Engineering and Cross Connection
Control Inspector.
13
That all requests for new water services, backflow equipment, or
fire lines, as well as any modifications, relocations, or
abandonments of existing water services, backflow equipment, and
Public Utilities
Water Engineering
fire lines shall be coordinated and permitted through Water
Engineering Division of the Anaheim Public Utilities Department.
14
That all existing water services and fire services shall conform to
current Water Services Standard Specifications. Any water service
and/or fire line that does not meet current standards shall be
Public Utilities
upgraded if continued use if necessary or abandoned if the existing
Water Engineering
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.
15
The Owner shall irrevocably offer to dedicate to the City of
Anaheim (i) an easement for all large domestic above - ground water
meters and fire hydrants, including a five (5) -foot wide easement
around the fire hydrant and /or water meter pad. (ii) a twenty (20)
foot wide easement for all water service mains and service laterals
all to the satisfaction of the Water Engineering Division. The
easements shall be granted on the Water Engineering Division of
the Public Utilities Department's standard water easement deed. The
easement deeds shall include language that requires the Owner to
Public Utilities
be responsible for restoring any special surface improvements, other
Water Engineering
than asphalt paving, including but not limited to colored concrete,
bricks, pavers, stamped concrete, decorative hardscape, walls or
landscaping that becomes damaged during any excavation, repair
or replacement of City owned water facilities. Provisions for the
repair, replacement and maintenance of all surface improvements
other than asphalt paving shall be the responsibility of the Owner
and included and recorded in the Master CC &R's for the project.
- 10 - PC2015 -005
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
16
That the developer /owner shall submit to the Public Utilities
Department Water Engineering Division an estimate of the
maximum fire flow rate and maximum day and peak hour water
demands for the project. This information will be used to determine
Public Utilities
the adequacy of the existing water system to provide the estimated
Water Engineering
water demands. Any off -site water system improvements required
to serve the project shall be done in accordance with Rule No.
15A.6 of the Water Utility Rates, Rules, and Regulations.
17
That individual water service and /or fire line connections will be
required for each parcel or residential, commercial, industrial unit per
Public Utilities
Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations.
Water Engineering
18
There are no existing backflow prevention devices on the water meters
serving the property. Prior to any approval of plans, Applicant shall
contact Water Engineering Cross Connection Control to determine
Public Utilities
requirements for installing backflow prevention devices at the meter
Water Engineering
or internally.
19
All new water service connections shall for this development shall be
locate on Magnolia Avenue. No new service connections will be
Public Utilities
allowed on La Palma Avenue.
Water Engineering
20
No public water mains or laterals allowed under parking stalls or
Public Utilities
parking lots.
Water Engineering
21
Construction documents shall be submitted to the Building Division for
plan review.
Building Division
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
22
All required street improvements shall be constructed, subject to review
Public Works
and approval by the Construction Services inspector.
Development
Services
23
The 20 -foot wide public alley right of way at the south end of the
Public Works
property shall be abandoned. The legal property owner shall complete
Development
the abandonment application case ABA2014 -00288 and request approval
of the City Council.
Services
24
The legal owner shall submit an application for a Subdivision Map Act
Certificate of Compliance to the Public Works Department, Development
Public Works
Services Division. A Certificate of Compliance or Conditional Certificate
Development
of Compliance shall be approved by the City Engineer and recorded in
Services
the Office of the Orange County Recorder.
- 11 - PC2015 -005
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
25
The legal property owner shall provide to the City of Anaheim a 10 -foot
wide Public Utility Easement within the 20 foot public alley right of way
Public Works
abandonment area, as required by the Public Utilities, Electrical
Development
Division.
Services
ON -GOING DURING PROJECT OPERATIONS
26
No display of alcoholic beverages shall be located outside of a building
or within five (5) feet of any public entrance to the building.
Police Department
27
There shall be no exterior advertising or sign of any kind or type,
including advertising directed to the exterior from within, promoting or
indicating the availability of alcoholic beverages. Interior displays of
Police Department
alcoholic beverages or signs which are clearly visible to the exterior shall
constitute a violation of this condition.
28
The area of alcoholic beverage displays shall not exceed 25% of the total
display area in a building.
Police Department
29
Sale of alcoholic beverages shall be made to customers only when the
customer is in the building. No alcohol shall be sold, exchanged, or
Police Department
distributed through the drive through window.
30
The possession of alcoholic beverages in open containers and the
consumption of alcoholic beverages are prohibited on or around these
Police Department
premises.
31
Petitioner(s) shall police the area under their control in an effort to
prevent the loitering of persons around the premises.
Police Department
32
There shall be no amusement machines, video game devices or pool
tables maintained upon the premises at any time.
Police Department
33
The Petitioner(s) shall post and maintain a professional quality sign
facing the premises parking lot(s) that reads as follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE
Police Department
SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block lettering.
The sign shall be in English and Spanish.
34
Loitering is prohibited on or around these premises or this area under the
control of the licensee(s).
Police Department
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
35
The parking lot of the premises shall be equipped with lighting of
sufficient power to illuminate and make easily discernible the appearance
and conduct of all persons on or about the parking lot. Additionally, the
Police Department
position of such lighting shall not disturb the normal privacy and use of
any neighboring residences.
36
Managers /Owners need to call the Department of Alcoholic Beverage
Control and obtain LEAD (Licensee Education on Alcohol and Drugs
Program) Training for themselves and register employees. The contact
Police Department
number is 714 -558 -4101.
37
Any Graffiti painted or marked upon the premises or on any adjacent
area under the control of the licensee shall be removed or painted over
Police Department
within 24 hours of being applied.
38
Buildings shall be pre -wired for a comprehensive security alarm system
(silent or audible) for the following coverage areas:
• Perimeter of building and access route protection.
• High valued storage areas.
Police Department
• Interior building door to shipping and receiving area.
• Perimeter fence and security gating.
39
Address numbers shall be positioned so as to be readily readable from
the street. Number should be illuminated during hours of darkness.
Police Department
40
Rear entrance doors shall be numbered with the same address numbers or
suite number of the business. Minimum height of 4" recommended.
Police Department
41
Rooftop address numbers for the police helicopter. Minimum size 4' in
height and 2' in width. The lines of the numbers are to be a minimum of
6" thick. Numbers shall be spaced 12" to 18" apart. Numbers shall be
painted or constructed in a contrasting color to the roofing material.
Police Department
Numbers shall face the street to which the structure is addressed.
Numbers are not to be visible from ground level.
42
All exterior doors to have adequate security hardware, e.g. deadbolt
locks.
Police Department
43
Wide -angle peepholes or other viewing device shall be installed in solid
Police Department
doors where natural surveillance is compromised.
44
The locks shall be so constructed that both the deadbolt and deadlocking
Police Department
latch can be retracted by a single action of the inside doorknob /lever /turn
piece.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
45
Overhead roll -up doors shall also be secured on the inside that the lock
Police Department
cannot be defeated from the outside and shall be secured with a cylinder
lock or padlock from the inside.
46
Large store /business display windows shall consist of burglary resistant
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glazing or its equivalent that attaches to the frame.
47
All glass skylights on the roof of any building shall be provided with:
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• Rated burglary resistant glass or glass -like acrylic material or
• Security bars of at least ''/2" round steel, or 1" by 1 /4 " flat steel
material, spaced no more than 5" apart under the skylight and
securely fastened.
• Steel grill of at least 1/8" material under the skylight and securely
fastened.
48
All hatchway openings on the roof of any building shall be secured as
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follows:
• If the hatchway is of wooden material, if shall be covered on the
outside with at least 16 -gauge sheet steel or its equivalent
attached with screws.
• Outside hinges on all hatchway openings shall be provided with
non - removable pins when using pin -type hinges.
49
A Knox box shall be installed at hatchway to allow Police /Fire access to
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interior.
50
Exterior roof access ladder shall be relocated within the building's main
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resident tenant space. Exterior ladders allow easy roof access for
criminals, etc.
51
All air duct or air vent openings exceeding 8" x 12" on the rooftop or
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exterior walls of any building shall be secured by covering the same with
either of the following:
• Security bars of at least '' /2" round steel, or 1" by 1 /4 " flat steel
material, spaced no more than 5" apart and securely fastened.
• A steel grill of at least 1/8" material and securely fastened or
• If the barrier is secured to the outside of the structure, it shall be
secured with galvanized rounded head flush bolts of at least 3/8"
diameter on the outside.
52
Monument signs and addresses shall be well lighted during hours of
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darkness.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
53
All exterior doors shall have their own light source, which shall
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adequately illuminate door areas at all hours to make clearly visible the
presence of any person on or about the premises and provide adequate
illumination for persons exiting the building.
54
Landscaping shall be of the type and situated in locations to maximize
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observation while providing the desired degree of aesthetics. Security
planting materials are encouraged along fence and property lines and
under vulnerable windows.
55
Trees shall not be planted close enough to the structure to allow easy
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access to the roof, or shall be kept trimmed to make climbing difficult.
56
Minimum recommended lighting level in all parking lots is .5 foot - candle
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maintained, measured at the parking surface, with a maximum to
minimum ratio no greater than 15:1.
57
"No Trespassing 602(k) P.C." posted at the entrances of parking
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lots /structures and located in other appropriate places. Signs must be at
least 2' x F in overall size, with white background and black 2" lettering.
58
All entrances to parking areas shall be posted with appropriate signs per
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22658(a) C.V.C., to assist in removal of vehicles at the property
owners /managers request.
GENERAL
59
The subject Property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
planning Department,
applicant and which plans are on file with the Planning Department, and
Planning Services
as conditioned herein.
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60
Conditions of approval related to each of the timing milestones above
shall be prominently displayed on plans submitted for permits. For
example, conditions of approval that are required to be complied with
prior to the issuance of building permits shall be provided on plans
planning Department,
Planning Services
submitted for building plan check. This requirement applies to grading
permits, final maps, street improvement plans, water and electrical plans,
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landscape irrigation plans, security plans, parks and trail plans, and fire
and life safety plans, etc.
61
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
issuance of the final invoice or prior to the issuance of building permits
Planning Department,
for this project, whichever occurs first. Failure to pay all charges shall
Planning Services
result in delays in the issuance of required permits or may result in the
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revocation of the approval of this application.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
62
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 taken, done, or
Planning Department,
made prior to the decision, or to determine the reasonableness, legality or
Planning Services
validity of any condition attached thereto. The Applicant's
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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.
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