Resolution-PC 2004-55. ~
RESOLIJTION NO. PC2004-55
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISStON
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04844 BE GRANTED
(611 SOUTH BROOKHURST STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in #he City of Anaheim, County of Orange, State of
California, 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 COF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COtJNTY, SHOWN AS PERCEL 1 ON A MAP RECORED IN BOOK 54,
PAGE 20, PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 17, 2004, 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 conditional use permit 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, does find
and determine the following facts:
1. 7hat 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. 7hat the size and shape of the site for the proposed use is adequate to aflow the fuil
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 drug would comply with all provisions of the Zoning Code and
would not require any waivers for development; and
4. 7hat 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
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PC2004-55
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6. That one person indicated their presence at said public hearing in opposition; and 2 people
spoke with concerns regarding the subject request; and that no correspondence was received in opposition
to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit retail sales of alcoholic beverages for off-premises
consumption in conjunction with a proposed pharmacy on a rectangular-shaped 2.3-acre property, and does
hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment
of the lead agency and that it has considered the Negative Declaration together with any comments received
during the public review process and further 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
herebygrant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That the sale of alcoholic beverages for off-premises consumption sha(I 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 (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 shal! 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 sF~af( be equipped with decorative (ighting 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.
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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 aicoholic beverages shall not exceed thirty-five percent (35%) of aU 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 f.ixtures, displays, merchandise and other materials shall be setback a minimum
of three (3) feet from ail window areas. Said information shall be specificaliy shown on plans submitted
for building permits.
15. That the property shall be permanently maintained in an orderly fashion by providing regular 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#imely 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 cart 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.
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• 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.
'• 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
24.
25.
26.
27.
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.
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 '
, graffifi opportunities by the use of p(anf 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.
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.
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 furn-around area shall be specifically shown on plans submitted for building permits.
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 (ines as wefl 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. 7hat 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 necessaty or abandoned if the existing service is no (onger needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire
line.
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32. That individual water service and/or fire'line connections shali be required for each parcel per Rule 18
of the City of Anaheim's Water Rates, Rules, and Regulations
33. That the City ofAnaheim Sewer Impact Mitigation fee for the Combined West Anaheim Area, Zone C shall
be paid. The mifigafion fee is currently $46/1000 SF for commercial deveiopments.
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 SiteDesign 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 applicabie 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.
• ldentifies the entity that will be responsible for long-term operation and maintenance' of the
Treatment Controi 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.
• 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.
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41. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
[esolution, 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 approvai of the
requestregarding any other applicable ordinance, regulation'or requirement.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 17, 2004. Said resolution is subject to the appeal provisions,s t forth in Chapter 18.03, >°`Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to ppeal procedures and may be replaced
by a City Council Resolution in the event of an appeaL
. .
AIRPERSON, ANAHEIM CITY PLANNIN OMMISSION
AT E :
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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 May 17, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~day of
, 2004. `~~ ~~ ~~
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ARY, ANAHEIM CITY PLANNING COMMISSION
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