Resolution-PC 2000-45•
RESOLUTION NO. PC2000-45
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION N0. PC99-228,
ADOPTED IN CONNECTION WITH VARIANCE NO. 4383
WHEREAS, on December 20, 1999, Resolution No. PC99-228 was adopted by the Planning
Commission to approve Variance 4383 to permit construction of a drive-through pharmacy (proposed
Walgreens) with waiver of minimum number of parking spaces and minimum setback abutting a residential
zone following demolition of an existing restaurant and commercial retail center; and that Condition Nos. 33
and 39 of said resolution read as follows:
33. 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 through 5, and as conditioned herein.
36. 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.
WHEREAS, in accordance with the applicable Zoning Code site development standards for
the underlying zone and with the above-mentioned Condition Nos. 33 and 36, construction of the approved
drive-through pharmacy on this 3-parcel property requires consolidation of the three parcels (which have
widths of 110 feet, 120 feet and 147 feet) to establish a minimum development project frontage of 150 feet on
Brookhurst Street; and
WHEREAS, this property, which includes one vacant parcel, is developed with a restaurant
and small commercial center in the CL(BC~) (Commercial, Limited - Brookhurst Corridor Overlay) zone; that
the property is in the West Anaheim Commercial Corridors Redevelopment Project Area; and that the
Anaheim General Plan Land Use Element rnap designates this property for General Commercial land uses;
and
WHEREAS, the petitioner requests a waiver of required lot consolidation by lot line
adjustment (minimum 150-foot frontage for the development project required, three separate parcels with
frontages of 110-147 feet existing and proposed) to permit a"lot tie agreemenY' instead of a merger of the
three underlying parcels; that the petitioner also requests amendment to, or deletion of, certain conditions of
approval of Resolution No. PC99-228 pertaining retaining the existing lot lines for the previously-approved
drive-through pharmacy; and that Revision No. 1 of Exhibit No. 1 was submitted to illustrate the proposal;
and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 10, 2000, at 1:30 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 18.03, to hear
and consider evidence for and against said proposed amendment or deletion of certain conditions of approval
and said proposed waiver, and to investigate and make findings and recommendations in connection
therewith.
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 petitioner proposes waiver of the following pertaining to existing lot lines for the
previously-approved drive-through pharmacy:
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Section 18.55.041.010(2) - Required lot consolidation by Lot Line Adjustment.
(150-foot minimum frontage required through lot consolidation;
"lot tie agreement" with no merger of lots proposed)
2. That the petitioner described the reason for making this ~equest as stemming from the
complex property ownership and lease structure for the three parcels, as described in paragraphs (8) and (9)
of the Staff Report to the Planning CommisSion dated April 10, 2000, and requests a"lot tie agreemenY' to
hold the parcels together in lieu of a Lot Line Adjustment which would consolidate the three parcels into one.
3. That the Public Works Department, Building Division and Community Development
Department have reviewed the proposal and recommended approval of the request to use a"lot tie
agreemenY' to hold the three parcels together based on the unique circumstances surrounding ownership of
this property, as discussed in paragraphs (12), (13), (14) and (15) of the Staff Report to the Planning
Commission.
4. That the waiver and the proposed amendment to Condition No. 33 (to reference Revision No.
1 of Exhibit No. 1 instead of Exhibit No. 1) are hereby approved on the basis that there are special
circumstances applicable to the three underlying parcels, which comprise the development site, relating to the
property ownerships and lease agreements which make this property unique.
5. That the intent of the Code requirement regarding consolidation of multipfe properties in
connection with single development proposals in the CL(BCC) zone is satisfied with the proposed integration
of the three parcels with finro existing commercial uses into a single retail development, as conditioned herein.
6. That strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties under identical zoning classification in the vicinity.
7. That the proposal, as conditioned herein, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is located.
8. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the intended use of the property that do not apply generally to the property or class of
use in the same vicinity and zone.
9. That the requested waiver is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone, and denied to the property in
question.
10. That the requested waiver, as conditioned herein, will not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone in which the property is
located.
11. That no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONM~NTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the request for waiver of required lot consolidation by Lot Line Adjustment and to
amend or delete certain conditions of approval pertaining to existing lot lines for a previously-approved drive-
through pharmacy on a 2.7-acre irregularly-shaped property located at the northeast corner of Ball Road and
Brookhurst Street, having frontages of 140 ~eet on the north side of Ball Road and 377 feet on the east side of
Brookhurst Street, and furthe~ described as 940-956 South Brookhurst Street; and does hereby determine
that the Negative Declaration previously ap~roved in connection with Variance No. 4383 is adequate to serve
as the required environmental documentation in connection with this request upon ~nding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previously approved
Negative Declaration together with any cornments received during the public review process and further
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finding on the basis of the initial study and any comments received that there is no substantial evidence that
the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. PC99-228, adopted in connection with Variance No. 4383, to add the following
waiver:
Section 18.55.041.010(2) - Reqwired lot consolidation bv Lot Line Adiustment.
(minimum 150-foot frontage required through lot consolidation;
"lot tie agreement" with no meraer of lots proposed)
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend
Condition No. 33 of said Resolution No. PC99-228 to read:
33. That the 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 Revision No. 1 of Exhibit No. 1, and Exhibit Nos. 2
through 5.
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby add the
following new condition of approval to Resolution No. PC99-228:
38. That prior to issuance of a building permit for the drive-through pharmacy, the legal property
owner(s) shall submit a covenant to hold the three (3) parcels for subject development as a
single parcel. This agreement shall be reviewed and approved by the City Attorney's Office
and shall then be submitted t~ the Zoning Division of the Planning Department for final review
by the Planning Commission as a"Reports and Recommendations" item.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 10, 2000. ^
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CHAIRPERSON, ANAHEIM CI PLANNING COMMISSION
ATTEST:
1 .
SECRETARY, AN EIM CITY PLANNING' COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 April 10, 2000, by the following vot~ of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT
~
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2000.
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SEC ETAR , ANAHEIM CITY PLANNING COMMISSION
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PC2000-45