Resolution-PC 2001-31~ ~
RESOLUTION NO. PC2001-31
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04332 BE GRANTED
WHEREAS, the Anaheim City 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:
THE WEST 50 FEET OF THE EAST 230 FEET OF THE NORTH 180 FEET OF THE
NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
TFiE NORTHEAST QUARTER OF SECTION 8, IN TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDER IN BOOK 51,
PAGES 7 AND FOLLOWING OF MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY.
AND
THE EAST 230 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 51, PAGES 7 AND FOLLOWING OF MISCELLANEOUS
MAPS, R-ECORDS OF SHID ORAN~€ COUNTY.
EXCEPTING THEREFROM THE NORTH 180 FEET.
AND
THE WEST 105.00 FEET OF THE EAST 335.00 FEET OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 8, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP OF TRACT NO. 3248, RECORDED IN BOOK 99,
PAGES 31 AND 32, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE ~
COUNTY.
AND
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED
IN BOOK 51, PAGE 7 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE EASTERLY 335.00 FEET THEREOF.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8;
THENCE NORTH 89 DEGREES 46' 20" EAST ALONG THE NORTHERLY LINE OF
SAID NORTHEAST QUARTER; 1291.00 FEET; THENCE SOUTH 0 DEGREES 18' 37°
EAST PARALLEL WITH THE WESTERLY LINE OF SAID NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, A
CR5036PK.doc -1- PC2001-31
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DISTANCE OF 332.12 FEET TO THE SOUTHERLY LINE OF SAID NORTH HALF OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 8, A DISTANCE OF 332.12 FEET TOT HE SOUTHERLY LINE
OF SAID NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 8; THENCE SOUTH 89
DEGREES 50' 03" WEST ALONG SAID SOUTHERLY LINE 191.00 FEET TO THE
SOUTHWESTERLY CORNER OF SAID NORTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 8; THENCE NORTH 0 DEGREES 18' 37" WEST ALONG SAID WESTERLY
LINE, 331.91 FEET OF THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 12, 2001 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. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.135 to permit a three unit commercial retail center and a
free-standing drugstore with a drive-through lane with waiver of the following:
Sections 18.06.050.020.022 - Minimum number of parkinp spaces.
18.06.080 (117 required; 103 proposed)
and 18.44.066.050
2. That the waiver of minimum number of parking spaces, is hereby approved on the basis
that the proposed project provides 103 parking spaces, which will be sufficient to meet the peak parking
demand of the development based upon a parking study prepared by Robert Kahn Engineering Group,
Inc., and dated January 19, 2001, as concurred with by the city traffic and transportation staff.
3. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the approved use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
conditions of operation of such use.
4. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use
because sufficient parking is provided on-site for the proposal.
5. That the parking waiver, under the conditions imposed, will not cause increased traffic
congestion within the off-street parking areas of the site because sufficient on-street parking is provided
by the project.
6. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of the Anaheim Municipal Code).
7. That the parking waiver, under the conditions imposed, will not impede vehicle ingress or
egress from the adjacent properties or upon La Palma Avenue or Euclid Avenue.
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8. That the proposed use, as conditioned herein, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located.
9. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
10. 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.
11. That granting this 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.
12. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City
Planning Commission has reviewed the proposal to construct a three-unit commercial retail center and a
freestanding, drive-through pharmacy with waiver of minimum number of parking spaces on a irregularly-
shaped 2.3 acre property located south and west of the southwest corner of La Palma Avenue and Euclid
Street, with frontages of 290 feet on the south side of La Palma Avenue and 155 feet on the west side of
Euclid Street, and further described as 1712, 1720 and 1730 West La Palma Avenue and 1017, 1021 and
1031 North Euclid Street; 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 receiv~d d~ring the public review process and fu-~her 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 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 safety and general welfare of the Citizens of the City of Anaheim:
That trash storage areas shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) 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 plants such as minimum one (1) gallon sized
clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall
be specifically shown on the plans submitted for building permits.
2. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
3. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifically shown on the plans submitted for building permits.
4. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit Nos. 1013 (permitting on-sale liquor in conjunction with an existing
restaurant), 327 (permitting construction of a restaurant and cocktail bar) and 149 (permitting a
hofbrau restaurant), and Variance No. 937 (permitting a sign).
5. That the legal owner of subject property shall provide the City of Anaheim with a public utilities
easement for underground primary cable and the pad-mounted transformers.
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6. That the property owneNdeveloper shail pay for all required relocation of electrical poles.
7. That the development shall be served by a private water system with separate water services for
fire protection and domestic water.
8. That all back-flow equipment shall be located outside the street setback area in a manner fully
screened from the public streets. Any back-flow 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 the street
setback area in a manner fully screened from the public streets. Said information shall be
specifically shown on plans and submitted to the Water Engineering and Cross Connection Control
Inspector for approval prior to submittal of plans for building permits.
9. That this project has a landscaping area exceeding two thousand five hundred (2,500) square feet
and, therefore, a separate irrigation meter shall be installed in compliance with Chapter 10.19
"Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349 regarding
water conservation.
10. That all-existing water service shall conform to current Water Utility standards. Any existing water
services that are not approved by the Utility for continued use shall be either upgraded to current
standards or abandoned by the property owner/developer. If any existing services are no longer
needed, they shall be abandoned by the property owner/developer.
11. That prior to application for water meters or fire lines, or prior to submittal of water improvement
plans for approvat, th€ developer/pcoperty owner shall submit an estimate-to the Public Utilities
Water Engineering of the maximum fire flow rate and the average day, 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 completed in accordance with Rule No. 15A.6
of the Water Utility Rates, Rules and Regulations.
12. That no convenience markets and/or retail sale of alcoholic beverages shall be permitted unless a
separate conditional use permit is submitted to and approved by the Planning Commission or City
Council.
13. That no video, electronic or other amusement devices shall be permitted on the premises.
14. That all public phones shall be located inside the buildings.
15. That all trash generated by this commercial retail center shall be properly contained in trash bins
located within approved trash enclosures. The number of bins shall be adequate and the trash
pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of
refuse from the property. The Code Enforcement Division of the Planning Department shall
determine the need for additional bins or additional pick-up. All costs for increasing the number of
bins or frequency of pick-up shall be paid by the business owner.
16. That 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 dies.
17. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
18. That no outdoor vending machines, which are visible to the public rights-of-way, shall be permitted
on the property.
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19. That any shopping carts shall be stored inside the buildings. Said carts shall be retrieved on and
off the premises at regular intervals to prevent the accumulation of carts on or about the premises.
Said information shall be specified on plans submitted for building permits.
20. That three (3) 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 shall not be visible to the public streets or
adjacent properties. Said information shall be specifically shown on plans submifted for building
permits.
21. 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.
22. That all driveways shall be constructed to accommodate ten (10) radius curb returns in
conformance with Engineering Standard No. 137. Said information shall be specifically shown on
plans submitted for building permits.
23. That no "compacY' or "small car" parking spaces shall be permitted.
24. That lighting fixtures in any proposed parking area located adjacent to any residential property shall
be down-lighted with a maximum height of finrelve (12) feet. Said lighting fixtures shall be directed
away from adjacent residential property lines to protect the residential integrity of the area. Said
information shall be specified on the plans submitted for building permits.
25. That the property shall be pefmanently ~nai~tained in an orderly fashion through the p~ovision o#
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
26. That the existing non-conforming pole signs adjacent to La Palma Avenue and Euclid Street shall
be removed.
27. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by
the petitioner and approved by the Planning Commission. Any additional signage shall be subject
to review and approval by the Planning Commission as a"Reports and Recommendations" item.
28. That there shall be no outdoor storage permitted on the premises.
29. That final landscape plans shall be submitted to the Zoning Division of the Planning Department for
review and approval. Said plans shall indicate minimum twenty four inch (24") box sized trees, and
shall incorporate landscaped planters adjacent to the pharmacy and retail buildings. A minimum of
fourteen (14) trees is required adjacent to La Palma Avenue, seven (7) trees adjacent to Euclid
Street and ten (10) trees abutting the south property line adjacent to the apartments. Any decision
made by staff regarding said final landscaping plans may be appealed to the Planning Commission
as a"Reports and Recommendations" item.
30. That plans submitted for building permits shall show that the retail building is immediately
contiguous to the south property line to eliminate "dead space" between the building and the
property line.
31. That prior to installation or construction of any signs, final sign plans shall be submitted to the
Zoning Division for review and approval. Said plans shall incorporate architectural enhancements
complementary to the design of the buildings. Any decision made by staff regarding said sign plans
may be appealed to the Planning Commission as a"Reports and Recommendation" item.
32. That the number of tenant spaces for this commercial retail center shall be limited to four (4)
including the pharmacy.
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33. That the subject property shall be developed substantially in accordance with pians 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 6, and as conditioned herein.
34. 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. 1, 2, 3, 4, 5, 8, 19, 20, 21, 22, 24, 26, 29, 30, 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.
35. That prior to final building and zoning inspections, Condition Nos. 6, 7, 9, 10 and 33, above-
mentioned, shall be complied with.
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, regulatian or requirement.
37. That a lot line adjustment shall be submitted to the Public Works Department, Development
Services Division, to merge the existing parcels into two (2) legal lots such that the pharmacy is on
one lot and the commercial retail center is within the second lot. The adjusted property lines shall
conform to zoning and building setback requirements. The lot line adjustment shall be approved by
the City Engineer and recorded in the Office of the Orange Counry Recorder prior to issuance of a
building permit.
38. That the existing twenty (20) foot wide easement along the south property is not required in
connection with this development proposal. The legal property owner shall submit an application to
the Public Works Department, Real Property Section for either an encroachment license or right-of-
way abandonment. The Encroachment License or Abandonment shall be approved prior to
issuance of a building permit.
39. That in the event a parcel map to subdivide subject property is recorded, an unsubordinated
restricted covenant providing reciprocal access and parking, approved by the City Traffic and
Transportation Manager and the Zoning Division and in a form satisfactory to the City Attorney,
shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant
shall then be submitted to the Zoning Division. Provisions shall be made in the covenant to
guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for
purposes of parking, vehicular circulation, signage, maintenance, land usage and architecturaf
control, and that the covenant shall be referenced in all deeds transferring all or any part of the
interest in the property.
BE IT FURTHER RESOLVED that granting this parking waiver shall be deemed
contingent upon operation of the approved use in conformance with the assumptions relating to the
operation and intensity of the use as contained in the parking demand study that formed the basis for
approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said
assumptions as contained in the parking demand study shall be deemed a violation of the express
conditions imposed upon said waiver which shall subject said waiver to termination or modification.
pursuant to the provisions of Sections 18.03.091 and 18.03.092 of this Code
AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs
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 approvats herein contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 12, 2001. /~ ,/ ^
CHAIRPERSON,
ATTEST:
PLANNING COMMISSION
~S~SZ~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION .
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 March 12, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD
IN WITNESS WHEREOF, I have hereunto set my hand this ~c~ day of
~v~~J , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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