Resolution-PC 97-164~ ~
RESOLUTION NO. PC97-164
A RETHAT PET(TOION FOR VARIANCE NO. 4323 rE GRANTEDStON
WHI~REAS, ihe Anahcim City Planning Commission did receive a vcriC~ed Petition for Variance
for certain rcal properry situatcd in the City of Anancim, Coun[y of Orange, State of California described as:
PARCELS 1 AND 2, AS SHOWN ON A MAP FILED IN BOOK 8, PAGE
46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA
WHEREAS, the City Planning Comm~cotic cot said publclhear ng having bcen duly given as
City of Anaheim on November 10, 1997, at 1:30 p.
rcquired by law and in accordancc with the provisions oi thc Anahcim Niunicipal Code, Chapter 18.03, to hear
and consider evidence [or and against said proposcd variancc and to invcstigate and make Cmdin~,s and
recommendations in connection thcrewith; and
WHEREAS, said Commission, aftcr duc inspcction, invcstigation and study madc by itself and
in its behalf, and afte~ due consideration of ail evidcnce and reports o[[ered at said hcaring, does find and
detcrmine the following facts:
1. That pctitioncr rcqucsts waivers of thc follo~7ng to construct a 1,900 sq. R. drivo-through
pharmacy:
(a) Section ~8.44.(K~3.010 - Mmimum landsc~nc Scth•+ck adi'~ccnt to an artcria! hi hwa .
10 feet requircd; none along La Palma Avenuc and 'i fect along
and 58•44•(~i3A5~ gu a gtrcct proposeJ)
(b) Sections 18 (X.150.020 - Minimum number of narkin s accs.
and 18.~~5~ l~ rcquircd; 9 proposcd)
2. That waivcr (a), minimum landscape sctback adjacent to an artcrial highway, is hereby approved
on the basis that thcrc are spccia] circumstanccs applitablc to thc propcrty consisting o[ its sizc, location or
surrouadinF;s, which do nol apply to othcr idcntically zoncd propcrtics in thc vicinity;
3, That strict application of thc Zonin~; Codc Jcprivr,s thc propcrty of privilcgcs cnjoycd by othcr
propertics under identical zoning classi6cation in the ~7cinity;
4. That approval of waiver (b), minimum number of parking spaces, under thc conditions
imposed, will no: cause fcwcr off-strect parking space~ to be providcd Cor such use than the number of such
spaces necessary to accommodate all vehicles attributablc to such usc under the normal and reasonably
foresccablc conditions of operation of such usc;
g, That the parking waivcr, under thc conditions imposcd, will not incrcase the Jcmand and
compelition for parking spaces apun the public strects in the immcdiate vicinity of ihe proposcd use;
~, That thc parking waivcr, undcr thc conditions imposcd, will not incrcasc thc dcmand and
competition [or parking spaccs upon adjaccnt privatc properry in thc immediate viciniry ot thc proposcd usc
(which property is not cxpressly prov~.icd as parking for such usc undcr an agrccmcnt in compliancc with Scction
18.0G.010.07A of this Code);
PC97-1G4
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CR310GPL.WP
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~, That the parking waiver, under the conditions imposed, will not increase tra[f c congestion within
the o[f-strec[ parking areas or lots providcd for svch use;
g, That the parking waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacen[ Qroperties upon lhe public streets in the immedia[e vicinity ot the proposed usc;
9, That the above-mentioned waiver~ are hereby granted on basis that therc are sgecial
circumsta`o otheridentically zo cd p operry n the'same vcinitypand hat~ t.~ri tt pplicat onr [ h~Zon ng~ Code
not apply
deprives the properry o[ privileges enjoyed by other properties in the identica3 zone and dassification in t e
Vl~l[ll~Y.
10. Tha[ there are exceptional or extraordinary circumstances or conditions applicable to the
property involved or ta the intended use of thc propcrry that do not apply generally to the property or class of
use in the same viciniry and zone.
11. That the rcquestcd variancc will not be matcrially dctrimcn[al to thc public wclfarc or injurious
to the property or improvcments in such vicinity and zonc in which the propcrty is locatcd; and
12, Thal appro~matcly iJ pcoplc indicatcd thcir prescncc at said public hearing in opposition; and
a pctition was submitted with approximatcly 270 si~;natures in o~posit'son to subjcct pctition.
CALiFORN1A ENVIRONMENTAL UALITY ACT FINDING: That thc Anaheim City
Planning Commission has reviewcd the proposal to rcquest waivcrs of mirtimum landscapc setback adjacent to
an a~031 ac ehp operty oc ted at the southeast corncr~ ot La Palma A enuc9and Eucl'drStrcet~wi h fhon agcs
on
of li d Strectn; andydocs h ccby a{~p ove the Negativc Dccl ation upon Gnding that hc dcc aration r09[le cts the
Euc )
indepe nts rcce~s d during t e'publ crevicw process and Turther fincling onfihe bas~~is of lhz init as study and any
comme
commcnts receivcd that thcre is no substantial evidcnce tha[ the projcct will have a signiGcant effect ~n t c
environment.
NOW, THEREFORE, BE IT RESOLVED that t.hc Anahcim City Planning Commission docs
hercbsagra°erequis tePo~the prop sed u c of hc sulbjcc~tproperty~n~or'dcr to prescrve t ee a[ ty and gcncral
nece ry p ,
welfare of tne Citi•r.cns ot thc City of Anahcim:
1. That landscape plans for the entire sitc shall bc submittcd to the Zoning Division of the Planning
Department specifying rypc, size and location of ali proposcd landscaping, including minimum one (1)
` gallon sizcd vines plantcd on maximum thrce (3) foot ccnters to scrcen thc trash and equipment enclosure
walls on the bmitt dc to~~thcn Plann'i g SClommSis i~on forh r c icw~ and a p~ o al ~'ds 'an~Rcport~sp,and
shall be su
RccommenJations" itcm. Oncc approvcd, thc landscaping shall bc plantcd, irrigatcd and maintaincd m
accordance with thc plan.
2, That the property owner shall submit a~i unsubordinatcd covenant to removc thc existing pole sign at no
cost to the Ciry of Anahcim at such time as the City of Anahcim acccpts dedication of thc Critical
Intcrscction ultimate right-of-way. Thc co~~unant shall bc rcvicwcd and approvcd by thc City Attorncy's
Officc prior to rccordation in thc OfCicc of thc Orangc Counry Rccordcr. Any rcplaccmcnt sign shall
c.iply with Codc reyuirements in e[fect at the time of application for a sign permit.
FC,'97-164
_Z.
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3, ry'i.at chantr :•^Ir. .^.o;~y 4:r~• '~~ ~c~~i signagc ~ha!' ~~~:'., i1e pcrmittcd.
4. That ~~~~:•h storage ar•~i(;} ~ha:i i~:: r~mvic~: c~ and m~intained in lo^.ation(s) acccptable to the Public Works
Departr.c:nt, Streets ~~.+' `,~~~tat~~,~< s'~~~ision, and in accordance with ap~zrove3 plaas on file with said
Department. Such u~.;-z:a3:ation shall t~;~;; specifically shown an the plans submittcd for building permits.
5. That a plan shee[ for solid waste storage and collection and a plan for recycling shall bc submittc.d to the
Public Works Department, Strcets and Sanitztion Division, for review and approval.
6. That an on-site trash truck turn-around area shall be provided and mainlained to the satisfaclion of the
Public Work.s Department, Streets and Sanitation Division. Said turn-around area shall be specifically
shown on plans submittcd for building permits.
7. That. signage for subject facility shall be limited to what is shuwn on thc exhibits submitted by the petitioncr
and approvcd by the Planning Commission. Any additional signage shall be subject to revicw and approval
by the Planning Commission as a"Reports and Recommcndations" item.
8. That the owner of subject propcrty shall bc responsiblc Cor thc rcmoval of any on-sitc graffiti wilhin twenty
four (24) hours o[ its application.
9 located no furthcr thantGftccn (15) faetbfrom thc main entry to'thc build ngccnt to thc building wall and
10. That prior to business opcration of this drivc-through pharmacy, a valid busincss liccnse shall bc obtained
from the City o[ Anaheim Business Licensc Division o[ thc Finance Deparlment.
11. That subjcct property shall bc developcd substantially in accordanec with plans and spccif cations submitted
to the City of Anaheim by the pelitioner ar1 ::iuch plans are on file with the Planning Dcpartment marked
E~chibit Nos. 1 through 4, and as conditioned hcrcin.
12. That prior to issuance of a building permit or within a pcriod of one ('!) ycar Gom the datc of lhis
resolution, v~hichever occurs first, Conditi~n Nos. l, 2, 4, 5 and G, abovc-m~ntioned, shall be complicd with.
Extensions for further time to compicte said conditions may be granted in acwrdance ~vith Seclion
18.03.090 of the Anahcim Municipal Codc.
13. That prior to the commencemcnt of the busincss activiry authorized by this resolution or prior to final
building and •r.uning inspections, whichcver occurs first, Condition No. 11, above-mentioned, shall be
complied wilh.
14. That approval of this application constitu[cs approval of thc proposcd requcst oniy to the cxtcnt that it
complics with thc Anaheim Municipal Zonin6 Co~c and a~y othcr applic:iblc City, Statr, and Fcdcral
re6ulations. Approval docs r~ot includc any action or Cmdings as to compliancc or approval o[ thc rr,qucst
rcgarding any othcr applicable ordinancc, rcgulation or rcquircmcnt.
BE 1T FURTHER RESOLVED that thc Anahcim City Planning Commission docs hercby find
and detc~minc thal adoption of this Rcsolution is cxpressly prcdicatcd upon applicant's compliancc with cach
and all of thc conditions hercinabove sct forth. Should any such condition, or any part lhcreof, be declarcd
invalid or unenforeeable by the final judgment of any court of competent jurisdiction, then this Rcsolution, and
any approvals hercin contained, shall be decmed null and void.
-3- PC97-lCrl
l:I
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THE FOREGOING RFSOLUTION was adopted at the Planning Commission meeting of
Novembr,r 10, 1997. -
j~~~ ~~ ~ ~c ~
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, AHE1M CITY PLANNING COMMISSfON
STATE OF CALIFORNIA )
CpUDI'['Y OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Sccretary of the Anaheim City Planning Commission, do hereby ccrtify
that the forcgoing resolution was passed and adopted at a mceting of the Anahcim City Planning Commission
hcld on November lU, 1997, by the following votc of the mcmbcrs thcrcot:
pyg$; COMMISSIONERS: pE~~ K, BOYDSTUN, BRISTOL, HENNINGER, NAPOLFrS
NOES: COMMISS(UNERS:
ABSENT: COMMISSIONERS: MAYER
IN WITNESS WHEREOF, I havc hcreunto sct my hand this "~ ~ day of S~,
1997. ~c:(.~N"uk'
SECRETARY, AHEIM CITY PLANNING COMMISSION
~ PC97-1G4