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RESOLUTION NO. PC2002-18
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING
RESOLUTION NO. PC98-195 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3304
WHEREAS, on July 30, 1990, the City Council adopted Resolution No. 90R-352 to grant
Conditional Use Permit No. 3304 and permit a 121,499 square foot, 47-unit commercial retail center
including a 1000 square foot service station and convenience market, a 8,000 square foot semi-enclosed
restaurant with on-sale alcoholic beverages, a 45,000 square foot market, a 7,800 square foot drug store
and a 4,524 square foot bank. With waivers of minimum structural and landscaped setback from a scenic
highway, commercial entry signs, minimum number of parking spaces, required wall height adjacent to
Canyon Creek Road and prohibited roof-mounted equipment on property located at the southwest corner
of Serrano Avenue and Weir Canyon Road; and
WHEREAS, on December 16, 1991, the Commission approved a request for substantial
conformance with Conditional Use Permit No. 3304, which provided for the relocation of the previously-
appr`oved 8,000 square foot semi-enclosed restaurant into two separate suites totaling 6,170 square feet
of gross floor area (2,600 square feet at the south end of the "Shops 2" building and 3,750 square feet at
the east end of the "Shops 1" building); and
WHEREAS, on December 22, 1998, the Planning Commission adopted Resolution No.
PC98-195, amending Resolution No. 90R-352, to permit and retain a 416 square foot outdoor dining area
in conjunction with an existing 2,500 square foot restaurant with sales of beer and wine for on-premises
consumption; and
WHEREAS, this property is developed with a commercial retail shopping center in
Development Area 2 of Specific Plan No. 88-1 (Sycamore Canyon Specific Plan) which is subject to the
CL (Commercial, Limited) Zone development standards; and that the Anaheim General Plan designates
the property for General Commercial land uses; and
WHEREAS, the Anaheim City Planning Commission did receive a request to amend
Conditional Use Permit No. 3304, to allow the expansion of an existing drug store in a commercial center
with waivers of maximum number of wall signs and minimum number of parking spaces; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 28, 2002, 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 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 Sections 18.03.091, 18.44.050.135 and 18.71.060.060 to expand an existing
drug store within a commercial center and Determination of Public Convenience or Necessity
(withdrawn) with waivers of:
(a) SECTION NOS. 18.05.091.020
AND 18.71.060.060
Maximum number of wall signs. (1 wall
sign per building unit permitted; 3 wall signs
proposed).
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(b) SECTION NO. 18.06.050.0211, Minimum number of parking spaces.(733 required;
18.06.050.0212, 18.06.050.022 635 proposed and recommend by the City Traffic
18.06.050.0221, 18.06.050.0231 and Transportation Manager).
18.06.050.233, 18.06.050.0234
18.06.050.0264 AND 18.71.060.060
2. That the sale of alcohol for off-premise consumption within this drug store does not
require a finding for public convenience or necessity, since the crime rate for the Police Department
reporting district is below the threshold of determination and the number of licenses proposed does not
exceed the number permitted within the census tract;
3. That the waiver pertaining to maximum number of wall signs is hereby, denied, since the
proposed wall signs can be redesigned to consolidate the sign copy into one sign, thereby deleting the
need for the waiver;
4. That the waiver pertaining to minimum number of parking spaces is hereby approved on
the basis that the City Traffic and Transportation Manager has reviewed the proposal, including the
parking study prepared by RK Engineering Group Inc., and concurs that the proposed number of parking
spaces is adequate to serve the existing uses and the requested drug store expansion, as conditioned,
herein;
5. That "the existing site has a maximum parking demand of 241 parking spaces on
weekdays (6:00 p.m.) and 277 parking spaces on Saturday (12:00 Noon). Even adjusting the peak
monthly demand to reflect the busiest month of the year, the peak existing demand would be 344 spaces
on weekdays a~d 396 spaEes on Saturdays;
6. That the parking spaces within the existing facility are currently underutilized based upon
existing parking demand (43% of capacity). Only 4,409 square feet (3.7%) of the site is vacant. The
vacant space would only require a maximum of 24 spaces;
7. That there are currently 643 parking spaces available within the site; however, eight (8)
spaces will be eliminated with the proposed project. There are a number of vacant spaces in close
proximity to the Sav-on drug store. These spaces can be utilized for any additional parking demand
generated by the proposed expansion;
8. That the expansion of the site to accommodate an additional 3,594 square feet of new
retail building area would require a maximum parking demand of 20 spaces based upon the maximum
parking rate for retail uses required by the City parking code. The existing site plan is adequate to
accommodate the expansion of the Sav-on drug store within the shopping center;
9. That the waiver, under the conditions imposed, if any, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use;
10. That the waiver, under the conditions imposed, if any, 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 compiiance
with Section 18.06.010.020 of #his Code);
11. That the waiver, under the conditions imposed, if any, will not increase traffic congestion
within the off-street parking areas or lots provided for such use;
12. That the waiver, under the conditions imposed, if any, will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use;
13. That the amendment to Resolution No. PC98-195 is necessary to permit reasonable
operation of the existing drug store;
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14. That as conditioned herein, the expansion and addition to the drug store within a
commercial retail center would not adversely affect the adjoining commercial and residential land uses
nor the growth and development of the surrounding area;
15. That the size and shape of this site for the commercial retail center is adequate to allow
the full development of the project in a manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare;
16. That the modification of Conditional Use Permit No. 3304 (Tracking No. CUP2001-
04493), under the conditions imposed will not be detrimental to the peace, health, safety and general
welfare of the citizens of the City of Anaheim; and
17. 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 City
Planning Commission has reviewed the proposal to amend Conditional Use Permit No. 3304, to permit
the expansion of an existing drug store within a commercial center with waivers of maximum number of
wall signs and minimum number of parking spaces, and does hereby determine that the previously-
certified Environmental Impact Report No. 283 is adequate to serve as the required environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. PC98-195, adopted in connection with Conditional Use Permit No.
3304, to permit the expansion of an existing drug store within a commercial center; and
BE IT FURTHER RESOLVED, that the Planning Commission does hereby amend the
conditions of approval adopted in connection with Resolution No. 2000R-166, in their entirety, to read as
follows:
1. That the applicant shall submit revised sign plans for the expanded drug store to the Zoning Division
for review and approval. Said plans shall incorporate the three proposed signs shown in Exhibit Nos.
12, 13a, and 13b into a design that appears to be one sign. The decision of the Zoning Division may
be appealed to the Planning Commission.
2. That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying
the best management practices that will be used on-site to control predictable pollutants from storm
water runoff. The WQMP shall be submitted to the Public Works Department, Development Services
Division for review and approval.
3. That no video, electronic or other amusement devices shall be permitted on the premises.
4. That all public phones shall be located inside the buildings.
5. That plans shall be submitted to the Traffic Engineer for his review and approval showing
conformance with the latest revision of Engineering Standard Plan Nos. 402, 436, 602, and 605
pertaining to parking standards. Subject property shall thereupon be developed and maintained in
conformance with said plans.
6. That no outdoor storage shall be permitted.
7. That trash storage areas shall be maintained in a location acceptable to the Street Maintenance and
Sanitation Division and in accordance with approved plans on file with said division.
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8. That any additional water backflow equipment or other large water system shall be installed to the
satisfaction of the Water Utility Division in either underground vaults or behind the street setback area
in a manner fully screened from all public streets and alleys. Such information shall be specifically
shown on plans submitted for building permits.
9. That all roof mounted equipment shall comply with the following standards and that such information
shall be shown on plans submitted for building permits:
a. Screening of equipment shall be provided by acceptable permanent building materials the same
as or similar to those which are used in the construction of the underlying building or shall be
screened from view by acceptable architectural features of the building itself. Said screening
shall not exceed the height limit as established by Section 18.84.062.031 of the Anaheim
Municipal Code.
b. Roof mounted equipment shall be located or enclosed in such a manner so as not to be visible
from any public street, public or private property at finished grade level, or from any floor level of
any residential structure.
c. In order to minimize the visibility of screening methods and/or materials, all equipment shall be
painted to match the roof on which it is located, as well as painted to match any material used
for equipment screening.
d. The method and/or screening material which is used shall not be readily recognizable as a
screening device, but shall be designed as an integral design component of the building design.
e. All equipment screening shall be retained and maintained in good condition.
10. That the twenty thousand (20,000) sq. ft. of food uses (restaurant ) shall be limited as follows:
Fast food with seating: 10,000 sq.ft. maximum
Sit-down waitress/waiter service: 8,000 sq.ft. maximum
Fast food without seating: 2,000 sq.ft. maximum
Food uses less intense than "fast food with seating" and/or sit-down waitress/waiter service may be
approved when reviewed by the Planning Department (i.e. adding "fast food without seating" square
footage by subtracting a like amount of square footage from the "fast food with seating" allowance)
provided the applicant supplies the Planning Department with a complete list of tenants, square
footages and available parking.
11. That as required by the Uniform Fire Code, the following minimum standards shall apply to the
service station with convenience market:
a. Fuel dispensing devices shall be located a minimum distance of ten (10) feet from any property
line and so located that all parts of a vehicle being serviced are on private property.
b. Fuef dispensing devices shall be located not less than te~ (10) feet from any building which is
not fire resistive construction. Such devices shall also be located so that the nozzle, when the
hose is fully extended, shall not reach closer than five (5) feet to any building opening.
c. Fuel dispensing devices shall be protected against physical damage from vehicles by mounting
on a concrete isfand a minimum of six (6) inches in height. Alternate methods of providing
equivalent protection may be permitted when approved by the Fire Department.
d. Dispensing of gasoline into fuel tanks or containers shall at all times be under the supervision of
a qualified attendant.
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e. The attendant's primary function shall be to supervise, observe and control the dispensing of
gasoline.
Dispensing of gasoline shall not be into portable containers unless such containers are of
approved material and construction, having a tight closure with screwed or spring cover, and so
designed that the contents can be dispensed without spilling.
g. It shall be the attendanYs responsibility to controf sources of ignition and immediately handfe
accidental spills and fire extinguishers if necessary.
h. Emergency controls shall be installed at a location acceptable to the Fire Department, but
controls shall not be more than one-hundred (100) feet from dispensers.
Instructions for the operation of dispensers shall be conspicuously posted.
Remote preset-type devices shall be in the "off' position while not in use so the fuel dispenser
cannot be activated without the knowledge of the attendant.
k. Fuel dispensing devices shall be in clear view of the attendant at all times and no obstacles shall
be placed between the dispensing devices and the attendant. Use of cameras may be utilized as
approved by the Fire Department.
The attendant shall at all times be able to communicate with persons in the fuel dispensing area
via a finro-way speaker system.
12. That there shall be no sale of beer, wine or other alcoholic beverages of any kind on the premises of
the service station of the convenience market, unless a conditional use permit is approved specifically
authorizing such use.
13. That during the business hours of subject service station with convenience market, separate men's
and women's restrooms shall be available to the public. The restrooms shall be properly supplied and
maintained.
14. That the alcohol sales authorized for any restaurants shall only occur in conjunction with the sale,
serving and consumption of prepared food items.
15. That in the event a parcel map to subdivide subject property is recorded, an unsubordinated
reciprocal access and parking agreement in a form satisfactory to the City Attorney shall be recorded
with the O~ce of the Orange County Recorder. A copy of the recorded agreement shall then be
submitted to the Zoning Division. In addition, provisions shall be made in the agreement to guarantee
that the entire complex shall be managed and maintained as one integral parcel for purposes of
parking, vehicular circulation, signage, land usage and architectural control.
16. That all plumbing or similar pipes and fixtures located on the exterior of any building shall be fully
screened by architectural devices and/or appropriate building materials; and, further, such information
shall be specificaliy shown on the pians submitted for building permits.
17. That the six (6) foot high masonry block wall along the north and west property lines shall be
maintained. Said block wall shalt be maintained with clinging vines to eliminate graffiti opportunities.
18. That unless a variance is applied for and granted, lighting of signage for subject property shall be
prohibited between the hours of midnight and 6:30a.m. as specified by Zoning Code Section
18.05.091.052.
19. That minimum twenty-four inch (24") box-size trees, planted on maximum twenty (20) foot centers
and having appropriate irrigation facilities, shall be maintained along the north and west property line.
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20. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
21. That the parking area adjacent to Weir Canyon Road, Serrano Avenue and Canyon Creek Road shall
be screened from view in conformance with Zoning Code Section 18.44.064.010.
22. That the restaurant focafed at the south end of the westerly building shall continuously adhere to the
following conditions:
a. That this establishment shall be operated as a"Bona Fide Public Eating Place" as defined by
Section 23038 of the California Business and Professions Code.
b. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control and approved by the City of Anaheim.
c. That food service with a full meal shall be available from opening time until either 10:00 p.m. or
closing time, whichever occurs first, on each day of operation.
d. That there shall be no pool tables maintained upon the premises at any time.
e. That subject beer and wine license shall not be exchanged for a public premises (bar) type
license nor shall the establishment be operated as a public premises as defined in Section 23039
of the California Business and Professions Code.
f. That the sales of beer and wine shall not exceed forty percent (40%) of the gross sales 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 beer and wine and other items. These records
shall be made available, subject to audit and, when requested, inspection by any City of Anaheim
official during reasonable business hours.
g. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without issuance of proper permits as required by the Anaheim Municipal Code.
h. That the sale of beer and wine for consumption off the premises shall be prohibited.
That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of beer and wine. Specifically, no
umbrellas shall be permitted to display alcoholic beverage sales of any kind.
That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
k. That sales, service and consumption of beer and wine shall be permitted only between the hours
of 11:30 a.m. and 9:00 p.m. Mondays through Saturdays, and befinreen the hours of 4:00 p.m.
and 9:00 p.m. on Sundays.
I. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
m. That the business operator shall comply with Section 24200.5 of the Business and Professions
Code so as not to employ or permit any persons to solicit or encourage others, directly or
indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary,
or other profit-sharing plan, scheme or conspiracy.
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n. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire
Code and shall be kept closed and unlocked at all times during hours of operation except for
ingress/egress, to permit deliveries and in cases of emergency.
o. That there shall be no public telephones on the property that are located outside the building and
within the control of the applicant.
p. That the outdoor dining area shall be completely enclosed by fencing or other such permanent
structure as approved by the City, at least forty (40) inches in height, into which entry is only
possible from the interior of the restaurant. Emergency exits required by the Uniform Fire Code
shall be maintained, but not utilized by patrons/employees other than in an emergency.
23. That the existing stucco wall surrounding the outdoor dining area at the south end of the westerly
building shall be maintained with rapid growth clinging vines on maximum three (3) foot centers to
deter graffiti opportunities and that the finro (2) water utility devices located west of the outdoor dining
area shall be completely screened from view by shrubbery.
24. That no vending machines shall be visible to public rights-of-way or off-site private property.
25. That as required by the City Tra~c Engineer, no left turns shall be permitted on Weir Canyon Road to
subject property.
26. 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 Revision No. 1 of Exhibit No. 1, and Exhibit Nos. 2 through 13; provided
however, (a) that a minimum seventy two (72) foot structural setback shall be maintained along Weir
Canyon Road and (b) that the loading dock area shall be enclosed by a block wall, of an appropriate
height to screen it from the adjacent residential condominiums.
27. 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, 5, 8, 9, and 16 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.
28. That prior to final building and zoning inspections, Condition No. 26, above-mentioned, shall be
complied with.
29. 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, ~egulation 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 28, 2002. .
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CHAIRPERS , ANAHEIM Ci TY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 28, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~`~' day of
~va.r~ , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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