Resolution-PC 2006-50• ~
RESOLUTION NO: PC2006-50 ' :
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMITNO. 2006-05091 BE GRANTED
(1222 SOUTH MAGNOLIA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the Cify of Anaheim, County of Orange, State of California,
described as:
THAT PORTION OF 7HE LAND SHOWN AS 'DREYFUS AND OTHERS" ON A MAP OF
ANAHEIM EXTENSION, IN THE CITY-0F ANAHEIM, COUNTY OF ORANGE, STATE OF
CAUFORNIA, AND SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A
COPY OF WHICH 1S LOGATED IN BOOK, 3, PAGE 163 ET SEQ., . ENTITLED :"LOS
ANGELES COUNTY MAPS", IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE -WESTERLY LINE OF `ANAHEIM
- BOULEVARD (FORMERLY LOS ANGELES STREET) AS PER BOOK 4, PAGES 629 AND
630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CAUFORNIA, WITH THE
NORTHERLY LINE OF VERMONT AVENUE (FORMERLY BROAD STREET); THENCE
NORTH 15° 36' 55" EAST, 229.40 FEET ON SAID WESTERLY LINE TO THE TRUE POINT
OF BEGINNING; THENCE SOUTH 15° 36' S5" WEST, 108.40 FEET TO A POINT ON THE
NORTHERLY LINE OF THE LAND CONVEYED TO TOM H. TURNER AND HARVEY G.
OLUCHATCH 1N DEED RECORDED JUNE 13, 1972 IN BOOK 10169, PAGE 451 OF
OFFICIAL RECORDS; THENCE SOUTH 74° 21' 15" WEST 145.95 FEET MORE OF LESS
ON LAST SAID NORTHERLY LINE TO THE NORTHWESTERLY CORNER THEREOF;
THENCE SOUTH 15° 36' 55° EAST, 48.67 FEET ON THE WESTERLY LINE OF THE LAND
CONVEYED TO SAID TOM H. TURNER, ET AL., TO THE NORTHEASTERLY CORNER OF
THE LAND DESCRIBED 1N THE DEED FROM TIM07HY W. WALLACE, RECORDED JUNE
29, 1971 IN BOOK 9698, PAGE 480 OF OFFICIAL RECORDS; THENCE SOUTH 74° 21' 15"
WEST, 151.85 FEET ON SAID NORTHERLY LINE TO A POINT ON THE WESTERLY LINE
OF THE LAND DESCRIBED IN THAT CERTAIN TORRENS CERTIFICATE NO. 382 DATED
APRIL '12, 1919 ON FILE IN VOLUME 2 PAGE 317, IN THE FORMER OFFICE OF THE
REGISTRAR OF TITLES OF ORANGE COUNTY THENCE NORTH 15° 36' 55" WES7,
157.07 FEET ON LAST SAID WESTERLY LINE TO A POINT ON A LINE WHICH BEARS
NORTH 74° 21' 15" EAST, 299 FEET MORE OR LESS AND PASSES THROUGH THE TRUE
POINT OF BEGINNING, THENCE NORTH 74° 21' 15° EAST, 299 FEET TO THE TRUE
POINT OF BEGINNING.
EXCEPT ANY PORTION LYING WITHIN TRACT NO. 1054 AS PER MAP RECORDED W
BOOK 34, PAGE 10 OF MAPS, IN THE OFFlCE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 12, 2006, at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipa{ Code, Chapter 18.60, 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 a11 evidence and reports offered at said hearing, does find
and determine the following facts:
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PC2006-50
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1. That the proposed drive-through pharmacy and commercial retail center are properly ones
for which a conditional use permit is authorized by Anaheim Municipai Code Section No. 18.08.030.040.0402
with the following waivers:
. (a) SECTION NO: 18.08.060.010 Minimum landscaped setback `
(15 foot wide setback required; 4 feet proposed)
(b) SECTION NO. 18.42.040.010 Minimum number of parkina spaces
' 524 required; 430 proposed and recommended
- by the City's Independent Traffic and '
Transportation Consultant)
' (c) :SECTION N0. 18.44.110.010.0102 Mazimum number of wall siqns
; (Deleted)
(d) SECTION NO. 18.44.110.010.0103 Maximum letter heiqht for a proposed wall siqn '
24 inchespermitted, 34 inchesproposed)
(e) "SECTION NO. 18.44.090.010 Maximum number of freestandina siqns
Deleted)
(f) SECTION'N0. 18.44.090.010.0102 Minimum'distance between existinq freestandinq `
sipns & Location to proqertv line
50 and 300 feet required; 2 and 90 to 235 feet
proposed)
2. That the above-mentioned waiver (a) pertaining to the minimum iandscaped setback
adjacent to Magnolia Avenue is hereby approved on the basis that there are special circumstances relating
to the existing lease agreement for telecommunications facilities that limit the ability to increase the setback
` along Magnolia Avenue that apply to the property that do not apply to other properties in the area.
3. That the above-mentioned waiver (b) pertaining to minimum number of parking spaces is
hereby approved based on the findings outlined in the parking analysis and recommended by the City's
Independent Parking and Traffic Consultant and because the observed parking ratio of 1.1 spaces/TSF for
the site as a whole, the proposed 93,140 square foot site with the new Walgreens store would require 103
parking spaces. The 430 parking space parking lot would adequately accommodate all of the site's
anticipated parking demand and have a surplus of 327 spaces. Because the observed parking demand is
significantly less than the code-required parking, the site will be able to accommodate the new Walgreens
store without experiencing a parking shortfall, or impacting any adjacent or opposing sites, or on-street
parking.
4. That waiver (b), 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 because
based on the'observed parking demand, this site will have sufficient parking provided for the intended uses
within the parking lot. There is no curbside parking allowed along Magnolia Avenue and Ball Road along the
project frontage. Curbside parking is permitted along Ball Road adjacent to this site, however, this sife will
accommodate all of its parking onsite, and no overflow of parking onto the street is anticipated.
5. That waiver (b), under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the proposed use because all of
the parking will be provided within the site's parking lot. No: overflow onto adjacent private property is
anticipated.
6. That waiver (b), under the conditions imposed, will not increase traffic congestion within the
off-street parking areas orlots provided for such use because the existing parking lot will accommodate all of
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the site parking and the drive aisles are sufficiently designed to accommodate the site traffic and no
congestion is anticipated to occur.
7. That waiver (b), under the conditions imposed, will not impede vehicular ingress to or egress
from adjacent properties upon the public streets inthe immediate vicinity of the proposed use because the
existing driveways are adequate to allow full access from Magnotia Avenue and BaII Road: The curb lane is
sufficiently wide to allow vehicles to enter and exit the site without impeding through traffic. No site traffic is
expected to block access to adjacent properties.
- 8. That waiver (c) pertaining to the maximum number of wall signs is hereby denied because it
has been deleted.
9. That the above-mentioned waiver (d) pertaining to the maximum letter height for proposed '
wall sign is hereby approved because special circumstances appfy to the property,due to iYs depth that do
no4 apply to other properties in the area which make the wall signs difficult to read from the street and the
large vertical and horizontal spans of the wall area to which the signs are attached would not be easily
readable and would make the signs appeac to be disproportionate with the building. `
10. That the above-mentioned waiver (e) pertaining to the maximum number of freestanding
signs is hereby denied because if has been deleted.
11. That the above-mentioned waiver (f) pertaining to the minimum distance between
freestanding signs and location to property line is hereby approved because the site in unique due to its
depth, making it difficult to identify the proposed Walgreens from Magnolia Avenue and a monument sign on
Ball Road is appropriate for identification since it is the primary access point to the building, in addition,
although the subject property and the property to the south share access and parking they are under
separate ownership and therefore, signage on that property is not under the control of the applicant and the
roof sign on the existing EI Sol Market is not typically viewed as freestanding signage. In addition, because
of special circumstances relating to the lease obligations for the telecommunications facility, a wider setback
can not be provided to locate the sign along Magnolia Avenue away from the property line.
12. 'That the proposed drive-through pharmacy and commercial retail center as conditioned
herein would not adversely affect the adjoining land uses and the growth and development of the area in '
which it is proposed to be located. -
13. That the size and shape of the site for the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area or to the health and safety. -
14. That the traffic generated by the use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area because the design of the pharmacy and
commercial retail center pravide adequate access from Ball Road and Magnolia Avenue.
15. That the granting of the conditional use permit under the conditions imposed, if any, will not '
be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an additional
outlet for the purchase of goods and services.
16. 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 and permit a commercial
retail center within an existing shopping center with waivers of (a) minimum landscape setback, (b) minimum
number of parking spaces, (c) maximum number of wall signs, (d) maximum letter height for a proposedwall
sign, (e) maximum number of freestanding signs, and (~ minimum distance between freestanding signs; and
does hereby approve the Negative Declaration upon finding that the declaration reflects the independent
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judgmenf of the lead agency and that it has considered the Negative Declaration together with any
comments received during thepublic 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 granf 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 presenre the
safety and generat welfare of the Citizens of the City of Anaheim:
1. _ That all public phones shall be located inside the building; Said information shall be specifically shown
on plans submitted for building permits.
2. > That adequate lighting ofparking lots, driveway, circulation areas, aisles, passageways, recesses and
grounds contiguous to buildings shall be provided with lighting of sufficienf wattage to provide
adequate illuminatiorr 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 when adjacent to a residential zone boundary. The
minimum recommended lighting level in all parking lots is .5 foot-candle maintained, measured af the.
parking surface, with a maximum to minimum ration no greater than 15:1. Said information shall be '
specifically shown on plans submitted for Police Department, Community Services Division approval.
3. 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 dead.
4. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.,
5. That no outdoor vending machines shall be permitted on the property.
6. 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 shall not be visible from the streets or adjacent
properties. Said information shall be specifica{{y shown on plans submitted for building permits.
7. That there shall be no outdoor storage permitted on the premises.
8. 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 GG (General Commercial) Zone. Said :
information shall be specifically shown on plans submitted for building permits.
9: That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within finrenty four (24) '
hours from time of occurrence. '
10. That no alcoholic beverages shall be located or sold on the premises.
11. That there shall be no amusement machines, video game devices, or pool tables located outside the
building and within the control of the applicant. _
12. 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 appraved by the Water Engineering Department.
13. 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.
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14. That since this project has a landscaping area exceeding2,500 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.
15. 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. _
16. That the City of Anaheim Sewerlmpact Mitigation fee for the Combined West Anaheim Area, Zone C
` shall be paid.
17. That the legal property owner shall submit an application" for a Subdivision Map Act Certificate of
compliance to the Public Works Department, Development Services Division. A Certificate of
Compliance shall be approved by the City Engineer and recorded in the Office of #he Orange County
, Recorder prior to issuance of abuifding permit.
18. : That a lot line adjustment shall be submitted to the Public Works Department; bevelopment Services
bivision: The LotLine 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.
`19. That,the property owner shall irrevocably offer #o dedicate to the City of Anaheim an easement, 53-feet
in width from the centerline of the street along Magnolia Avenue and Ball Road for road, public utilities
and other public purposes.
20: That the developer shall submit street improvement plans to the Public Works Department, :
bevelopment Services Division and a bond shall be posted to guarantee that Magnolia Avenue and
Ball Road are improved in accordance with Public Works Standard Detail 160-A. The improvements
shall be constructed prior to final building and zoning inspection.
21. That prior to the issuance of a 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 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 BMPs 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.
22. 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 all non-structural BMPs described in the
Project WQMP
• Demonstrate that an adequate number of copies of the approved Projects WQMP are available -
onsite.
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• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
23. 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 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
24. -That any required relocation of City electrical facilities shall be at the developer's expense.
25. Thatthe property owner/developer shall provide the City of Anaheim with a public utilities easement to
be determined as electrical design is completed.
26. 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.
27. 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 for building
permits. , '
28. 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
29. 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
plant 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 submifted for building ,
permits.
30. That the project shall provide for truck deliveries on-site. Such information shall be specifically shown
on plans submitted fior building permits.
31. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed
form to the Anaheim Potice Department. _
32. 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 buiiding permits.
33. That final sign plans shall be submitted to the Planning Services Division for review and approval.
Any decision by staff may be appeated to the Planning Commission as a"Reports and
Recommendation" item.
34. That the proposed monument signs shall be located outside of the line of sight triangle that is fifty (50)
feet from any driveway, including driveways on other properties, and shall meet the provisions of
Standard Detail No. 115 (Arterial Highway and Commercial Driveway Approach).
35. 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. Any decision by staff may be appealed to the Planning Commission
as a"Reports and Recommendations" item.
36. That all trash generated from this center shall be properly contained in trash bins contained 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 Community Preservation Division of the Planning Department shall determine the need for
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- additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up
shall be paid forbythe business owner.
37. That the applicant wil~ cooperate with the property owner to establish such enhanced landscaping as
may be required along Magnolia Avenue in conjunction with subsequent development of the site.
38. That the subject property shall 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 Exhibif Nos. 1 through 7, and as conditioned herein.
39. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, wfiichever occurs first, Condition Nos. 1, 2, 6, 8, 12, 14, 16, 17, 18, 19, 20, 21, 22, 23, 25,
26, 27, 28, 29, 30, 32, 33 and 35, 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
Municipal`Code.
40. 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. 21 shall be complied with. Extensions for further time
to complete said conditions maybe granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
41. That prior to final building and zoning inspections, Condition Nos. 22, 31 and 38, 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 Municipal Code.
42. 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 appficable 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 tT FURTHER RESOLVED that theAnaheim 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 orunenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
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 a11 charges
shall result in delays in the issuance of required permits or#he revocation of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of :
June 12,`2006. Said resolution is subject to the appeal provisions setforth in Chapter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal ure a be replaced
by a City Council Resolution in the event of an appeaL
~ HAIRMAN, AN IM PLANNING COMMISSION
ATTEST:
~
~~ ;%~~ „yr~•- / ' ~c7~.-~-~ ,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. :
CITY-0F: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 June 12, 2006, by the following vote of the members thereof: ,
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT:COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this J~~ day of
, 2006.
r
~ ;~~~.,~.s--..~ ~~~t/~~-~
SENIOR SECRETARY, ANAHEIMPLANNING COMMISSION