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Resolution-PC 2001-7• RESOLUTION NO. PC20001-7 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC99-214, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 4155 (CUP Tracking No. 2001-04320) WHEREAS, on December 6, 1999, the Anaheim City Planning Commission adopted Resolution No. PC99-214 to grant Conditional Use Permit No. 4153, in part, to permit a commercial retail center, including a drugstore with drive-through lane and sale of alcoholic beverages for off- premises consumption, and to retain an existing convenience market with sale of beer and wine for off- premises consumption, and with waivers of permitted signs, minimum distance between signs and minimum number of parking spaces on property located at 500 - 528 South Beach Boulevard; and that Condition No. 32 of said resolution specifies that a maximum number of four (4) units shall be permitted for the commercial retail center; and WHEREAS, this property is developed with a commercial retail center (to be partially demolished) in the CL (Commercial, Limited) zone; and that the Anaheim General Plan Land Use Element designates this site for General Commercial land uses; and WHEREAS, the petitioner submitted a request to amend or delete the condition of approval pertaining to the maxim~rm-n~rrtiber of ~trtt~s permitted for this commercial retafl center in order to increase the maximum number from four to five commercial units. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 17, 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 conditional use permit and to investigate and make findings and recommendations in connection therewith; and that the hearing was continued from the January 3, 2001 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 use is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the proposal to amend Condition No. 32 of Resolution No. PC99-214 to increase the permitted number of units for the commercial retail center from four to five tenant spaces by dividing the vacant convenience market into finro retail spaces is hereby approved because additional tenant space is a conditionally permitted use in the CL Zone and the underlying property is large enough to support the additional unit. 3. That the proposed amendment to increase the number of units in this commercial center from four to five will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. _ '~ 4. That the size and shape of the site for the proposed use, as amended, is adequate to allow full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. CR4991 PK.doc -1- PC2001-7 • • 5. That the traffic generated by the proposed use, as amended, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That amending 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. 7. 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 and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4155 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process 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 the conditions of approval of Resolution No. PC99-214, adopted in connection with Conditional Use Permit No. 4155, in their entirety to read as follows: That trash storage area(s) 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 areas shall be designed, located and screened so as not to be readily-identifiabfe from the adjacent arteri~t highways. The waNs of the storage area(sj shalf be protected from graffiti opportunities by the use of plant materials 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. That an on-site trash truck turn-around area shall be provided in compliance with Engineering Standard Detail No. 610, and shall be 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 all air conditioning facilities and any roof- and/or ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Said information shall be specifically shown on the plans submitted for building permits. 5. That a Lot Line Adjustment shall be submitted~~o the Public Works Department, Development Services Division, to adjust the existing parcels such that Sav-on building is on one (1) parcel and the commercial retail center is on the second parcel. Prior to issuance of a building permit, the Lot Line Adjustment shall be approved by the City Engineer and then recorded in the Office of the Orange County Recorder. 6. That the developer shall pay the Sewer Capacity Mitigation Fee based upon the square footage of the new construction which exceeds the amount of square footage that was demolished. 7. That the property shall be served with underground utilities in accordance with the Electrical Rates, Rules and Regulations (the most current fees shall apply) and the City of Anaheim underground policy. CR4991 PK.doc -2- PC2001-7 . • 8. That the legal property owner shall provide the City of Anaheim with a public utilities easement along/across the property to be determined when electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 9. That any required relocation of City of Anaheim electrical facilities shall be at the developer's expense. 10. That all existing water services shall conform to current Water Utility Standards. Any existing water services that are not approved by the Water Engineering Division of the Public Utilities Department for continued use shall be either upgraded to current standards or abandoned by the developer. If the existing services are no longer needed, they shall be abandoned by the developer. 11. That since this project has landscaping areas exceeding two thousand five hundred (2,500) sq.ft., a separate irrigation meter shall be installed to comply with Chapter 10.19 "Landscape Water Efficiency" of the Anaheim Municipal Code and City of Anaheim Ordinance No. 5349. 12. That plans shatl be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 13. That all driveways shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 137. Said information shall be specifically shown on plans submitted for building permits. 14. That the wall signage for the new drugstore shall be limited to the name of the drugstore on the north building elevation, the name of the drugstore and the "RX Drive-thru" sign on the west elevation, and the name of the drugstore and one accessory service on the south elevation. No advertising for the sale of alcoholic beverages shall be permitted on the exterior of the building. That monument signage shall be limited to the following two (2) signs: one monument sign having maximum dimensions of seven (7) feet high by ten (10) feet wide identifying "Sav-On Drugs, RX Drive-Thru" and one (1) other tenant, with a total combined sign copy area of twenty eight and one- half (28-1/2) square feet; and a second monument sign having dimensions of six and one-half (6- 1/2) feet high by ten (10) feet wide with a total sign copy area of thirty one (31) square feet. Said information shall be specifically shown on plans submitted for building permits. Any additional signage shall be subject to review and approval by the Commission as a"Reports and Recommendations" item. 15. That the drive-through lane shall be reviewed and approved by the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 16. That lighting fixtures in the proposed parking area which are located adjacent to residential properties shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from the adjacent residential prope~ty lines to protect the residential integrity of the area. Said information shall be specified on the plans submitted for building permits. 17. That the owner of subject property shall submit a letter requesting termination of Variance No. 582 (to permit a service station); and Conditional Use Permit Nos. 1513 (to permit on-sale beer and wine in conjunction with an existing restaurant at 502 South Beach Boulevard), 1836 (to permit a drive-through donut shop with waiver of minimum number of parking spaces at 528 South Beach Boulevard) and 2791 (to permit on-sale beer and wine in a proposed restaurant at 508 South Beach Boulevard); and Arcade Permit Nos. 1007 and 1014 (to permit a facility with a maximum of 50 amusement devices at 510 South Beach Boulevard) to the Zoning Division. CR4991 PK.doc -3- PC2001-7 . • 18. That three (3) foot high street address numbers shall be displayed on the roof of the building in a color which contrasts with the roof material. The numbers shall not be visible to the adjacent street and properties. Said information shall be specifically shown on plans submitted for building permits. 19. That the developer shall submit a photometric plan to the Police Department for review and approval. 20. That the property owner shall provide a"knox box" for roof access to the interior of the new building as required and approved by the Police Department. Said "knox box" shall be shown on the plans submitted for building permits. 21. That any business selling alcoholic beverages shall continuously adhere to the following conditions, as required by the Police Department: a. That sale of alcohol beverages shall be permitted only befinreen the hours of 6 a.rn. and 12 a. m. b. That the sale of alcoholic beverages at the drugstore shall not exceed thirty five percent (35%) of the gross sales of all retail sales for the business during any three (3) month period. The business shall maintain records on a quarterly basis showing the separate amounts of sales of beer and wine/alcoholic beverages and other items. These records shall be subject to audit and made available when requested by any City of Anaheim official during reasonable business hours. c. That no advertising of alcoholic beverages shall be located, placed or attached to any location outside the building. d. That no alcoholic beverages shall be consumed on the premises. e. That the applicant shall be responsible for maintaining the premises free of litter at atl times. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject property. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any public entrance to the building. h. That the areas of alcoholic beverage displays shall not exceed twenty five percent (25%) of the total display area in the building. That the sales of alcoholic beverages shall be made to customers only when the customer is inside the building. That no person under twenty one (21) years of age shall sell, or be permitted to sell, any alcoholic beverages. k. That beer 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. CR4991 PK.doc -4- PC2001-7 ~ • That all trash generated by the commercial uses shall be properly contained in trash bins located within city-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 for by the business owner(s). 22. That an eight (8) foot high masonry block wall shall be constructed and maintained along the east property line; provided, however, that the City Traffic and Transportation Manager shall have the authority to reduce the height of the wall to protect visual lines-of-sight where pedestrian and/or vehicular circulation intersects. Clinging vines to eliminate graffiti opportunities shall be planted on maximum five (5) foot centers adjacent to said wall, and said landscaping shall be irrigated and maintained. Said information shall be specified on plans submitted for building permits. 23. That the property shalf be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 24. That a final landscaping and irrigation plan for subject property shall be submitted to the Zoning Division of the Planning Department and the Community Development Department for review and approval. Said landscaping plan shall include Washingtonia Robusta palm trees (25-foot clear brown trunk size) as street trees to be planted on maximum thirty (30) foot centers . Additionally, Washingtonia Robusta pafm trees (25-foot efear browR trunk sizej and Tipuana Tiptr trees {24-inch box sized) shall be planted in the landscaped setback areas adjacent to Beach Boulevard and Orange Avenue in compliance with Code requirements and the draft Beach Boulevard Design Guidelines. The landscaping shall also include an additional four (4) foot wide landscaped planter adjacent to the west building elevation of the new drugstore (facing Beach Boulevard) and adjacent to the south building elevation of the existing convenience market (facing Orange Avenue). 25. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 26. That the landscaped planters shall be permanently maintained with live and healthy plant materials. 27. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be located outside the required setback areas; and that said locations shall be specified on the plans submitted for building permits. The plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval by the appropriate City departments. 28. (Proposed Condition No. 28 was deleted at the Planning Commission public hearing.) 29. That the property owner shall remove the existing pole sign located adjacent to Orange Avenue and replace it with a monument sign matching the approved monument sign located on Beach Boulevard. Said information shall be specifically shown on plans submitted for buitding permits. 30. (Proposed Condition No. 30 was deleted at the Planning Commission public hearing.) 31. That there shall be only one (1) ABC license in this commercial shopping center permitting the sale of alcoholic beverages for off-premises consumption. 32. That a maximum of five (5) units shall be permitted for this commercial retail center. CR4991 PK.doc -5- PC2001-7 ~ • 33. That the hours of operation for the drive-through window shall not be permitted during the hours from 10:00 p.m. to 7:00 a.m. 34. That all exterior lighting shalf consist of decorative fixtures, which are architecturally compatible with the new/remodeled building. Said information shall be specified on plans submitted for building permits. 35. That no outdoor storage shall be permitted; and that shopping carts shall be stored inside the building(s). 36. That no vending machines shall be visible to any public right-of-way. 37. That any public telephones proposed on-site shall be located inside a building. 38. That no outdoor storage, display or sale of any merchandise or fixtures shall be permitted outside the buifding(s). 39. That plans submitted for building permits shall show a decorative tile band on all building elevations (to replace the painted band) and accent tiles on the south and west elevations. That the final elevation plans incorporating these design elements shall be submitted to the Planning Commission for review and approval as a"Reports and Recommendation" item. 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 rrrarked Exhibit Nos. 1, 2, 4 thrQUgtt 13, and Revision No. 1 of Exhibit No. 3, and as conditioned herein. 41. That no convenience market shall be permitted at this property unless a new conditional use permit application is submitted and approved by the Planning Commission and/or City Council at a noticed public hearing. 42. 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, 6, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 24, 27, 29, 34 and 39, 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. Further, if an extension of time is requested for the alcohol sales portion of this request, it shall be considered at a noticed public hearing. 43. That prior to final building and zoning inspections, Condition Nos. 7, 8, 9, 10, 11 and 40, above-mentioned, shall be complied with. 44. 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. 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 approvals herein contained, shall be deemed null and void. CR4991 PK.doc -6- PC2001-7 ~ • THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 17, 2001. _ , ~ CHAIRPERSONyANAHE~"M CITY PLANNING COMMISSION ATTEST: 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 January 17, 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 ~ 3 day of , 2001. ~~~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION CR4991 PK.doc -7- PC2001-7