Resolution-PC 2006-4_ ~ ~
RESOLUTION NO. PC2006-4 .
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2005-05045 BE GRANTED
(2011 EAST LA' PALMA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
THAT PORTION OF THE WEST 11 ACRES OF THE SOUTH HALF OF THE SOUTH HALF OF
THE'SOUTHWEST QUARTER OF SECTION 1,.TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
TME RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY :OF .
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE
10 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 1, SAID
LINE BRING ALSO THE CENTERLINE OF LAPALMA AVENUE AND THE EAST;CINE OF THE
WEST 200.00 FEET OF SAID SECTION 1: THENCE NORTH 00° 53' 57" WEST ALONG SAID
EAST LINE 69.00 FEET TO A LINE THAT' IS PARALLEL WITH AND LOCATED 89.00 FEET
NORTH AT RIGHT ANGLES FROM SAID SOUTH LINE OF SECTION 1 AND l'HE TRUE POINT
OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 00° 53' S7" WEST ALONG SAID
EAST L1NE, BAID EAST LINE BEING ALSO THE WEST LINE OF PARCEL'1 AS SHOWN ON
PARCEL MAP NO. 79-242, AS PER MAP FILED IN BOOK 136, PAGE 38 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY REGORDER OF SAID COUNTY, 154 FEET TO THE NORTH
LINE OF SAID PARCEL 1; THENCE NORTH 89° 43' 08" EAST ALONG SAID NORTH LINE 29.80
FEET; THENCE NORTH 00° 53' 57" WEST 70.36 FEET; THENCE NORTH 89° 43' 08"-EAST
202.93 FEET; THENCE SOUTH 00° 53' 57" EAST 119.84 FEET; THENCE NORTH 89° 43' 08"
EAST 62.31 FEET; THENCE SOUTH 00° 53' 57" EAST 104.52 FEET TO' THE '
AFOREMENTIONED PARALLEL LINE WITH THE SOUTH LINE OF SAID SECTION 1; THENCE
SOUTH 89° 43' 08" WEST ALONE SAID PARALLEL LINE 295.04 FEET TO TME TRUE POINT
OF BEGINNING.
THE RIGHT TO USE THE PARKING FACILITIES OF THE ADJOINING SHOPPING CENTER
KNOWN AS GRANADA SQUARE, AS PROVIDED W THE PARKWG AGREEMENT DAT~D
JULY 17, 1979, EXECUTED BY A.G. RICHTER AND DORIA K. RICHTER, RECORDED JULY
20, 1979 AS INSTRUMENT NO. 28453, OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on December 12, 2005, 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 "Procedures", 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 that said item was continued to the
January 9, 2006, meeting; 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. That the proposed drive through pharmacy with accessory retail sales of beer and wine for
off-premises consumption is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section No. 18.08.030.040.0402 with the following waiver:
Cr\PC2006-4
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(a) Section No: 18.44.110.010.0103 Maximum Letter Heiqht for Wall Siqnaqe (24 inches
permitted: 30 to 42-inches proposed for the CVS
logo and 24 %2 inches proposed for Pharmacy
2. That the above mentioned waiver is hereby granted as amended by.staff based on
constraints' on the building elevation due to the long length that the CVS letter would nof be as easily ,
readable and that strict application of the Zoning Code would deprive the property of privileges enjoyed by
other commercial properties along La Palma Avenue;
3. 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 beer and wine is ancillary `
to#he overall product mix provided by the drive'through pharmacy. The accessory sale'of beer and wine, as
proposed and approved, will not have a negative impact on the surrounding area;
4. 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 health and
safety as the proposed drive through pharmacy would comply with all provisions of the Zoning Code and '
would not require any waivers for development; and '
5. That the traffic generated by the proposed use wil( not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
6. , Thaf the granting ofthe conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim because the sale ofbeer and wine
- is ancillary to the overall mix provided by the pharmacy and the property is located at the intersection of two
major arterials within the City and has no direct vehicle or pedestrian access to any residential area; and
7. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning
Commission has reviewed the proposal to construct a drive through pharmacy with the retail sales of beer
and wine for off-premises consumption in conjunction with a commercial retail center; 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 Planning Commission does
hereby grant 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
health and safety of the Citizens of the City of Anaheim: ~
1. That all public phones shall be located inside the building.
2. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide
adequate illumination to make clearly visible the presence of any person on or about the premises
during the hours of darkness and provide a safe, secure environment for all persons, property, and
vehicles on-site. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of the adjacent residential properties. Light fixtures shall be
decorative and a maximum of 12-feet in height. Said information shall be specifically shown on plans
submitted for Police Department, Community Services Division approval.
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3. Thaf,any tree or other landscaping planted on-site shall be replaced in a timely manner in the event '
that it is removed, damaged, diseased and/or dead.
4. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
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That no outdoor vending machines shall be permitted on the property.
That 4-foot high street address numbers shall be displayed on the roof of the building in a color that
contrasts with the roof material: The numbers shali not be visible from the streets or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
That there shall be no outdoor storage permitted on the premises.
That the property owner shall submit a lefter to the Planning Services Division requesting termination
of Conditional Use Permit No.1947. _ '
That roof-mounted equipment shall be screened from view in accordance with the requirements of
Anaheim Municipal Code Section 18.38.170 pertaining to the C-G (General Commercial) Zone. Said '
information shall be specifically shown on plans'submitted for building permits
. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, antl removal of graffiti within twenty four (24)
hours from time of occurrence.
. 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 which are clearly visible to'the exterior shall constitute aviolation of this
condition.
. That there shall be no display of alcoholic beverages located outside of a building or within five (5) feet
of any public entrance to the building.
. Thatthe area of alcoholic beverage displays shall not exceed 25% of the total display area in the
building. .
. That the sale of alcoho{ic beverages shal{ be made to customers only when the customer is in the
building.
. 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. `
. That the procession of alcoholic beverages in open containers and the consumption of alcoholic
beverages is prohibited on or around these premises.
. That there shall be no amusement machines, video game devices, or pool tables located outside the
building and within the control of the applicant.
. That the gross sales of alcoholic beverages shall not exceed 35 percent 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.
. That any gra~ti painted or marked upon the premises or on any adjacent area under the control of the
licensee shall be removed or painted over within 24 hours of being applied. '
20. That the petitioner shall be responsible for maintaining free of litter the area adjacent to the premises
over which they have control, as depicted. -
21. 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
sha11 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 the Water Engineering Department.
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22. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment's of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
23. 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 the Anaheim Municipal Code. :Said information
shall be specifically shown on plans submitted for building permits. '
24. That all existing water services and fire lines shall conform to current Water Service Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use if necessary or abandoned if the existing water service is no longer needed.
The owner/developer shall be responsible for the costs to upgrade or to abandon any water service of
fire line.
25. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works
Department, Development ServicesDivision 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 SMPs as'defined in 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, and describes the mechanism for funding the long-term operation and
maintenance of the Treatment Control BMPs.
` 26. That prior to issuance of a 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 aA non-structural BMPs described in the
Project WQMP
• Demonstrate that an adequate number of copies of the approved Projects WQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
27. That the existing driveway approach shall be removed and replaced with curb, gutter, parkway
landscaping and sidewalk. A bond shall be posted in an amount approved by the City Engineer and a
form approved by the City Attorney prior to issuance of building permit. Obtain a Right of Way
Construction Permit from the Public Works Department, Development Services Division.
Improvements must be complete prior to final building and zoning inspections.
28. That a lot line adjustment shall be submitted to the Public Works Department, Development Services
Division. The Lot Line Adjustment shall be approved by the City Engineer and recorded in the office of
the Orange County Recorder prior to issuance of a building permit.
29. That the locations for future above-ground utility devices including, but not limited to, electrical
transfo~mers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). Said
information shall be specifically shown on plans submitted for building permits. '
30. _ That any required relocation of City electrical facilities shall be at the developer's expense.
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31. That the property owner/developer shall provide the City of Anaheim with a public utilities easement to
be determined as electrical design is completed.
32. That plans shall be submitted to the Planning Services Division for review and approval in
conformance with the current version of Engineering Standard Plan Nos. 436,'and 470 pertaining to
parking standards and driveway location. Subject property shall thereupon be developed and
maintained in conformance with said plans:
33. That the drive-through lane shall be designed to meet the radius standards (minimum 16 feet interior
and 26 feet outer radius). Said information shall be specifically shown on plans submitted #or building
permits.
34.' That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review'and approvaL
35. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department 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
planf materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers
or tall sh~ubbery. Said information shal! be specifically shown on the plans submitted for building
permits.
36. That the project shall provide fortruck deliveries on-site. Such information shall be specifically shown
on p{ans submitted for building permits.
37. That an Emergency Listir-g Card, Form ADP-281 shall be completed and submitted in a completed
form to #he Anaheim Police Department.
38. That the business shall be equipped with an alarm system (silent or audible) that provides a
comprehensive security system to the building perimeter and high valued storage areas.
39. That closed circuit television (CCTV) security cameras are recommended with coverage areas in the
lobby entrance and pharmacy area/drive through.
40. That all exterior doors shall be adequate security hardware.
41. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
42. That final signage plans shall be submitted for review and approval to the Planning Department
indicating elimination of one of the drive-thru pharmacy signs on the south elevation and removal both
of the signs on the east elevation with replacement with one sign indicating exit only. Any decision by
staff may be appealed to the Planning Commission as a"Reports and Recommendation" item.
43. That final landscape plans shall be submitted to the Planning Services Division for review and
approval. Said plans shall incorporate minimum 24-inch box sized trees, vines on trellises within all
planters adjacent to the building and a 3-foot high berm adjacent to La Palma Avenue. Any decision
by staff may be appealed to the Planning Commission as a"Reports and Recommendations" item.
44. That the subject property shalf be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department Exhibit Nos. 1 through 10, and as conditioned herein.
45. 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. 6, 8, 9, 21, 28, 29, 34, 35, 36, 37, 39, 42, 43 and 44-
above mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.60.170 of the Anaheim Municipaf Code.
46. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition No. 25 shall be complied with. Extensions for further time .
to complete said conditions may be granted in accordance with Section 18.60:170 of the Anaheim
Municipal Code.
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47. That prior to final building and zoning inspections, 'Condition Nos: 26 and 27, above mentioned, shall
be complied with, Extensions for further time fo complete said conditions may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal Code.
48.' 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 applica6le ordinance, regulation or requirement. " '
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
a11 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. `
AND 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 RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006: 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 m e replaced by a City Council
Resolution in the event of an appeaL
MAN, AN E LANNING COMMlSSION
ATTEST:
1~~P~.~'..-- ~~~-,.u-s
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on January 9, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ,ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereuntoset my hand this ~ day of
_~a r~ ua.r t ._, 2006.
J
~ !~~- /~~Zo~o
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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