2004-171 RESOLUTION NO. 2004 - 171
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2004-04844
WHEREAS, the City Planning Commission of the City of Anaheim did receive an
application for a conditional use permit to permit the retail sales of alcoholic beverages for off-
premises consumption in conjunction with a proposed pharmacy upon certain real property located
within the City of Anaheim, County of Orange, State of California, legally described as:
THAT PORTION OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES,
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10
OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY, SHOWN AS PARCEL 1 ON A MAP RECORDED IN
BOOK 54, PAGE 20, PARCEL MAPS, RECORDS OF SAID
ORANGE COUNTY; and
WHEREAS, the City Planning Commission did hold a public hearing upon said
application at the City Hall in the City of Anaheim, notices of which public hearing were duly given
as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code;
and
WHEREAS, said Commission, after due inspection, investigation and studies made
by itself and in its behalf and after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC2004-55 granting Conditional Use Permit No. 2004-
04844; and
WHEREAS, thereafter, within the time prescribed by law, an interested party, caused
the review of said Planning Commission action at a duly noticed public hearing; and
WHEREAS, at the time and place fixed for said public hearing, the City Council did
duly hold and conduct such hearing and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consideration of the
recommendations of the City Planning Commission and all evidence and reports offered at said
hearing, that:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.55.0442.060; and
2. That the proposed use will 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 sale of alcoholic beverages
is ancillary (less than ten percent [10%]) of the overall product mix provided by the store, and that
there are no other full service drug stores in the area that offer alcoholic beverages for off-premises
consumption in the area. Moreover, the operator adheres to strict employee training policies and
therefore, the accessory sale of alcoholic beverages, as proposed and as approved, will not have a
negative impact on the surrounding area due to the operational characteristics identified in the
company's 2002 Policy Information On the Sale of Alcoholic Beverages provided to the Planning
Commission and included as an attachment to the staff report dated May 17, 2004; and
3. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare as the proposed pharmacy would comply with all provisions of
the Zoning Code and would not require any waivers for development; and
4. That 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; and
5. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim
because the sale of alcoholic beverages is ancillary (less than ten percent [10%]) to the overall
product mix provided by the store. Moreover, the operator adheres to strict employee training
policies and therefore the accessory sale of alcoholic beverages, as proposed and as approved, will
not have a negative impact on the surrounding area; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission
granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use
Permit No. 2004-04844 be, and the same is hereby, granted permitting retail sales of alcoholic
beverages for off-premises consumption in conjunction with a proposed pharmacy on the
hereinabove described real property subject to the following conditions:
1. That the sale of alcoholic beverages for off-premises consumption shall expire one (1) year
from the date of occupancy.
2. That 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 alcoholic beverages or signs which are clearly visible to the exterior shall
constitute a violation of this condition.
3. That no display of alcoholic beverages shall be located outside of the building or within five
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(5) feet of any public entrance to the building.
4. That the area of alcoholic beverage displays shall not exceed ten percent (10%) of the total
display area in the building.
5. That the sale of alcoholic beverages shall be made to customers only when the customer is
in the building.
6. That no person under eighteen (18) years of age shall sell or be permitted to sell any alcoholic
beverages without approval of a store supervisor twenty-one (21) years of age or older.
7. That beer and malt beverages shall not be sold in packages containing less than a six (6) pack,
and that wine coolers shall not be sold in packages containing less than a four (4) pack.
8. That the possession of alcoholic beverages in open containers and the consumption of
alcoholic beverages are prohibited on or around these premises.
9. That the parking lot of the premises shall be equipped with decorative 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 position of such lighting shall not disturb the normal privacy
and use of any neighboring residences. Said information shall be specifically shown on plans
submitted for building permits.
10. That there shall be no amusement machines, video game devices, or pool tables maintained
upon the premises at any time.
11. That there shall be no public telephones on the property that are located outside the building
and within the control of the applicant.
12. That the gross sales of alcoholic beverages shall not exceed thirty-five percent (35%) of all
retail sales during any three (3) month period. The applicant shall maintain records on a quarterly
basis indicating the separate amounts of sales of alcoholic beverages and other items. These records
shall be made available for inspection by any City of Anaheim official when requested.
13. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the
roof material. The numbers shall not be visible from the view of the street or adjacent properties.
Said information shall be specifically shown on plans submitted for building permits.
14. That in order to maintain visibility into the establishment for security purposes, window
signage shall not be permitted. All fixtures, displays, merchandise and other materials shall be
setback a minimum of three (3) feet from all window areas. Said information shall be specifically
shown on plans submitted for building permits.
15. That the property shall be permanently maintained in an orderly fashion by providing regular
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landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
16. That any tree or other landscaping material planted on?site shall be replaced in a timely
manner in the event that it is removed, damaged, diseased and/or dead.
17. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
18. That no outdoor vending machines visible from off-site shall be permitted on the property.
19. That there shall be no outdoor storage permitted on the premises. All shopping can storage
shall be located within the building. A shopping cart retrieval plan shall be submitted to staff for
review and approval. Said plan shall be implemented upon occupancy of the store.
20. That roof-mounted equipment shall be screened from view in accordance with the
requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial,
Limited) Zone. Said information shall be specifically shown on plans submitted for building
permits.
21. That final elevation plans shall be submitted to the Zoning Division and Community
Development Department for review and approval. Said plans shall incorporate a ledge stone or
similar enhanced treatment along each building elevation, and additional architectural enhancements
to the rear elevation along the west property line. Any decision by City staff may be appealed to the
Planning Commission as a Reports and Recommendation item.
22. That final sign plans for the monument sign and directional signage shall be submitted to the
Zoning Division for review and approval. Said plans shall incorporate the stone treatment identical
to the treatment utilized on the building, an 18-inch high base including 9-inch high address letters,
and a decorative cornice treatment along the full length of the monument sign. The final sign plans
shall reflect the relocation of the monument sign outside the sight-distance triangle at the intersection
of Brookhurst Street and Orange Avenue. Any decision made by staff regarding said sign plans may
be appealed to the Planning Commission as a "Reports and Recommendation" item.
23. That final landscape and hardscape plans shall be submitted to the Zoning Division of the
Planning Department for review and approval including the following:
A landscaped planter along the north and east building elevations (facing Orange
Avenue and Brookhurst Street).
Plans shall indicate a total of fifteen (15) 24-inch box sized trees along Brookhurst
Street.
Plans shall indicate a total of seventeen (17) 24-inch box sized trees along Orange
Avenue.
A minimum thirty-six (36) inch high hedge within the street side setback along both
Brookhurst Street and Orange Avenue.
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All on site landscaping, including trees, shall be consistent with the Brookhurst Street
Corridor Design Study.
Decorative smooth pavement treatment at the driveway entrances on Brookhurst
Street and Orange Avenue.
Any decision made by staff regarding said final landscape and hardscape plans may be appealed to
the Planning Commission as a "Reports and Recommendations" item.
24. That 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 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.
25. That a plan sheet for solid waste storage and collection and a plan for recycling shall be
submitted to the Public Works Department, Streets and Sanitation Division for review and approval.
26. That an on-site trash truck turn-around area shall be provided per Engineering Standard
Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and
Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for
building permits.
27. 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 Water Engineering and Cross
Connection Control Inspector.
28. That all requests for new water services and fire lines as well 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.
29. That prior to application for water meters, fire line or submitting the water improvement
plans for approval, the developer/owner shall submit to the Public Utilities 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 the adequacy of the existing water system
to provide the estimated 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.
30. 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 Anaheim Municipal Code No.
5349 regarding water conservation. Said information shall be specifically shown on plans submitted
for building permits.
31. That all existing water services and fire lines shall conform to current Water Service
Standards Specifications. Any water service or fire line that does not meet current standards shall
be upgraded if continued use is necessary or abandoned if the existing 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.
32. That individual water service and/or fire line connections shall be required for each parcel
per Rule 18 of the City of Anaheim's Water Rates, Rules, and Regulations.
33. That the City of Anaheim Sewer Impact Mitigation fee for the Combined West Anaheim
Area, Zone C shall be paid. The mitigation fee is currently $46/1000 SF for commercial
developments.
34. That prior to the issuance of 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 the 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.
Describes the mechanism for funding the long-term operation and maintenance of the
Treatment Control BMPs.
35. That prior to issuance of 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 Project WQMP are
available onsite.
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Submit for review and approval by the City an Operation and Maintenance Plan for
all structural BMPs.
36. That the existing building on the proposed site shall be demolished. The legal property owner
shall obtain a demolition permit from the Building Division.
37. That the developer shall submit street improvement plans to the Public Works Department,
Development Services Division and a bond shall be posted to guarantee that Orange Avenue and
Brookhurst Street are improved in accordance with City standards. The improvements shall be
constructed prior to certificate of occupancy.
38. That the property owner shall submit a letter requesting termination of Conditional Use
Permit No. 1896 (to permit a pawnshop), Conditional Use Permit No. 2073 (to permit on-sale beer
and wine in an existing restaurant in the CL Zone), Conditional Use Permit No. 2189 (to permit
on-sale beer and wine in an existing restaurant), Conditional Use Permit No. 2491 (to permit on-sale
beer and wine in an existing restaurant with waiver of minimum number of parking spaces), and
Conditional Use Permit No. 3744 (to permit a 720 square foot expansion of an existing 3,661 square
foot enclosed restaurant with on-premise sale and consumption of beer and wine) to the Zoning
Division.
39. That the drive through window shall only be used to obtain pharmacy related products.
40. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 and 5, and as conditioned herein.
41. 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. 9, 13, 14, 19, 20, 21, 22, 23, 24, 25, 26,
27, 30, 33, 34, 36, 37 and 38, above-mentioned, shall be complied with. Extensions for further time
to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
42. That prior to final building and zoning inspections, Condition Nos. 35, 37 and 40, above-
mentioned, shall be complied with.
43. 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.
44. That ingress/egress to the site for all deliveries by tractor-trailer trucks shall be limited to
Brookhurst Street. At no time shall any tractor-trailer trucks enter or exit the site from Orange
Avenue."
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BE IT FURTHER RESOLVED that the City Council 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 conditions, 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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 3rd day of August, 2004, by the following roll call vote:
AYES:
Mayor Pringle, Council Hembers McCracken, Chavez, Hernandez
NOES: None
ABSENT: None
ABSTAIN: Council Member Tait
By ~)F ANAHEIM
ATTES~
CITY CLERK 6F TffE CITY OF ANAHEIM
55170.1
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