Resolution-PC 99-214RESOLUTION NO. PC99-214
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4155 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Orange, State
of Califomia, described as:
PARCEL 1:
THE WEST 330 FEET OF THE SOUTH 396 FEET OF THE SOUTHWEST
QUARTER OF THE S~UTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 13, TCWNSHIP 4, SOUTH, RANGE 11 WEST, IN
THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK
51, PAGE 11 OF MISCELLANEdUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE SOUTH 175 FEET OF THE WEST 227 FEET.
ALSO EXCEPTING THEREFROM THE WEST 92 FEET.
PARCEL 2:
THE SOUTH 175 FEET OF THE WEST 227 OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF THE NORTHWEST 4~UARTER OF
SECTION 13, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, RANCHO LOS
COYOTES, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51,
PAGE 7, AND FOLLOWING, MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY.
EXCEPTING THEREFROM THE WESTERLY 92.00 FEET AS CONVEYED TO
THE STATE OF CALIFORNIA BY DEED RECORDED JUNE 26, 1951 IN BOOK
2205, PAGE 512, OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 6, 1999 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
im~estigate and make findings and recommendations in connection therewith; and that the p~blic hearing
was continued from the October 11, 1999 Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its
behaif, 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 1~4unicipal Cade Sections 18.44.050.135 and 18.44.050.195 to permit a commerciai retsil center,
including a drug store with drive-through lane and sale af 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 the foilowing:
CR3832PK.DOC -1- PC99-214
(a) Sections 18.05.064.006
and 18.44.067
(b) Sections 18.05.093.040
and 18.44.067
(c) Sections 18.06.050.022
and 18.44.066.050
(d) Section 18.44.062.011
- Permitted siqns.
(marquee signs not permitted for commercial retai! centers;
63 sq.ft. monument sign with a marauee proposed)
- Minimum distance between freestandinq sians.
300 feet required;
200 feet proposed between an existing freestanding pole sign
and a new freestanding monument sign)
- Minimum number of aarkina soaces.
(110 spaces required;
100 spaces proposed and concurred with by the City Tra~c
and Transportation Manager)
Maximum structural heiaht.
(e) Section 18.44.063.040 - Reauired setback adjacent to a residential zone.
1. That waiver (a), permitted signs, is hereby approved.
2. That waiver (b), minimum distance between freestanding signs, is hereby approved on
the basis of the shape and size of the property which prevents a 300-foot separation between
freestanding signs and that Code otherwise would ailow a freestanding sign for each street frontage; and
that other similar corner lots in the vicinity have signage on multiple street frontages.
3 That there are special circumstances applicable to the property consisting of its size,
shape, location and surroundings, which do not appiy to other identically zoned properties in the vicinity.
4. That waiver (c), minimum number of paricing spaces, is hereby approved on the basfs of
the parking study prepared by Darrell & Associates, Inc. for this specific comm2rcial center and submitted
by the applicant and concurred with by the Ciry Tra~c and Transportation Manger, and that a pending
Zoning Code amendment, if adopted, will require less parking for convenience markets within commercial
shopping centers, and the new parking reguirements for this center will be 105 spaces, only 5 spaces
less than required by Code.
5. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the proposal 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.
6. That the parking waiver, under the conditfons imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
7. That the parking waiver, under the conditions imposed, ~vill not increase the demand and
competition for parking spaces upon adjacent private property fn 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.Q10.020 of this Code).
8. Tha: the parking wa!ver, under the conditions (mposed, will not increase traffic congestion
within the off-street park(ng areas or lots provided for the proposed use.
9. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent propQrties upon the public streets in the immediate vicinity of the proposed
use.
CR3832PK.DOC -2- PC99-214
10. That waivers (d) and (e), maximum structural height and required setback adjacent to a
residential zone Soundary, are hereby denied on the basis that they were deleted from the proposal
following public notification.
11. 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 permit a commercial retail center, including a
drug store with drive-through lane and sale of alcohalic beverages for off-premises consumption, and to
retain an existing convenience market with sale of beer and wine for off-premises consumption, and with
waiver of permitted signs, minimum distance betvieen freestanding signs, minimum number of parking
spaces, maximum structural height and required setback adjacent to a residentiai zone boundary on a
rectangularly-shaped 1.91-acre property located at the northeast corner of Orange AvenuR and Beach
Bouievard, having frontages of 238 feet on the north side of Orange Avenue and 351 feet on the east side
of Beach Boulevard, and further described as 500 - 528 South Beach Boulevard; and does hereby
approve the Negative Declaration upon finding that the c:eclaration reflects the independent Judgment of
the lead agency and that it has considered the Negative Declaration together with any comments
received during the public 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 wili 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, in part, 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:
1. That trash storage area(s) shall be provlded and maintained in location(s) acceptable to the Public
1Norks Department, Streets and Sanitation Division, anci in accordance with approved plans on file
with said Department. Said storage areas shall he designed, located and screened so as not to be
readily identifiable from the adjacent arterial highways. The walls of the storage area(s) shall be
protected from gra~ti opportunities by the use of piant materials such as minimum one (1) gal~on
sized clinging vines pianted on maximum three (3) foot centers, or tall shrubbery. Said information
shail 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 tum-around area shall be provided fn compliance wlth 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 buiiding
permits.
4. That all air conditioning facilities and any roof- andlor ground-mounted equipment shall be properiy
shielded from view and the sound buffered from adjacent residential properties. Said information
shail be specifically shown on the plans submitted for buiiding permits.
5. That a Lot Line Adjustment shall be subrr~ittes~ to, Mlip'`,~~~(ic works ~ep~lrnar~~, Development
Services Division, to marg~ ~~ ~Xi$ting parc~ls 6nli~ ~~ (r) {Ia~ga~iDt i~ri~tb Issl~ance of a building
permit the Lot Line'RdJt~strs~.ent~h~l b~ aP~'faY§~~y th~~~y~ r~nB~e~(~ and tben re~orded (n the
Office of the Oran~9 Couhry Rta~er,
6. That the developer sliall pay the Sewer~pacity MiG(~~tion Fee~ pased uPon Uhe §C~USre ~e0tage of
the new construction that ~~cc~ds #H~ arro~i,l~ytt Of Sa~~ ~potag~e ~MOlis`f~,ed,
CR3832PK.DOC -3- PC99-214
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 A~aheim underground
policy.
8. That the legal property owner shall provide the Ciry 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 Ciry 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 shatl be either upgraded to current standards or abandoned by the developer. If
the existing services are no ionger needed, they sha~l be abandoned by the developer.
11. That since this project has landscaping area(s) exceeding two thousand five hundred (2,500) sq.ft.,
a separate irrigation meter shall be installed to comply with Chapter 10.19 "Landscape Water
E~ciency" of the Anaheim Municipal Code and City of Anaheim Ordinance No. 5349.
12. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current version of Eny~neering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shali
thereupon be developed and maintained in conformance with said plans.
13. That all driveways shall be reconst~ucted to accommodate ten (10) foot radius curb returns fn
conformance with Engineering Department Standard No.137.
14. That the wail signage for the new cin:gstore shall be limited to the name of the drugstore on the
north building ~:levation, the name of the dr~gstore and the "RX Drive-thru" sign on the west
elevation, and the name of the drugstore and one accessory service on ths south elevation. No
advertising for the s21e of alcoholic beverages shall be permitted on the exterior of the building.
15. That the drive-through lare shall be reviewed and approved by the City Tra~c and Transportation
Manager.
16. That lighting fixtures in the proposed parking area and 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 adjacent residential property lines to protect the residential integrity of the area
and such information shall be specified on the plans submitted for building permits.
17. That the ow~ier of subject property shall submit a letter requesting termination of Variance No. 582
(to permit a service station); Conditional Use Permit Nos. 1513 (to permit on-sale beer and w(ne 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
Boui2vard); 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.
18. That three (3) foot high street address numbers shall be displayed on the roof of the bu(Iding fn a
color which contrasts with the roof material. The numbers shall not be visible from the view of the
street or adjacent properties.
19. That the developer shall submit a photometric plan to the Police Department for review and
approval.
CR3832PK.DOC -4- pC99-214
20. That the property owner shail provide a"knox box" to provide roof access to the interior of the nev-
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 conditlons,
as required by the Police Department
a. That sale of alcohol beverages shall be permitted only between the hours of 6 a.m. and 12
a.m.
b. That the sale of beer and wine at the convenie~ce market or alcoholic beverages at the
drugstore shall not exceed thirty five percent (35%) of the gross sales of a3! retail sales for
each business during any three (3) month period. The business shali maintain records on a
quarteriy basis showing the separate amounts of sales of beer and wine/alcohol(c beverages
and other items. These records shall be subject to audit, and made avaitable, 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 aicoholic beverages shall be consumed on the premises.
e. That tt~e applicant shall be responsible for maintaining the premises free of litter a! a;i times.
f. That no video, electronic or other amusement devices or games shall be permitted anywhere
on subject property.
g• That no display of alcoholic beverages shall be located outside the building or withir~ five (5)
feet of any public enlrance ta the buildinr~.
h. That the areas of aicoholic beverage displays shall not exceed twenty five percent (25%) of
the total display area in the building.
i. That the sales of alcoholic beverages shall be made to customers only when the customer is
ins(de the building.
J. That no person under twenty one (21) years of age shali sell, or be permitted to sell, any
alcoholic beverages.
k. That beer shail not be sold fn 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.
That all provisions of Anahefm Munfcfpal Code Section 18.87.023.020 pertaining to the retail
sales of aicoholic beverages for off-premises consumptfon (as it may be amended from time
to time) shall be complied with.
m. That any public telephones proposed on-sife shall be located inside a building.
n. That all trash generated from the commercial uses shall be properly contained in trash bfns
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 ensura the sanitary handl(ng and timely
removal of refuse from the property. The Code Enforcement Division of the Planning
Department shall determine the need for addidonal bins or additional pick-up. All costs for
increasing the number of bfns or frequency of pfck-up shall be paid for bs~ the business
owner(s).
o. That no outdoor storage, display or sale of any merchandise or flxtures shall be permitted
ou[sfde the building(s).
CR3832PK.DOC -5- PC99-214
22. That an eight (8) foot high masonry biock 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 circulat;on intersects. Clinging vines fo eiiminate gra~ti opportunities shall be planted on
maximum five (5) foot centers adjacent to said wall, and said landscaping shali be irrigated and
maintained.
23. That the propehy shall be permanently rr~aintained in an orderly fashion through the provision of
reyula; landscaping maintenance, removal of trash or debris, and removal of graffiti within twenry
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
approvai. Said landscaping plan shall include Washingtonia Robusta palm trees (25-foot clear
brown trunk size) as street trees to be planted on maximum thirty (;,0) foot centers. Washingtonia
Robusta Palm trees (25-foot clear brown trunk size) and Tipuana Tipu trees (24-inch box) shall be
planted in the landscaped setback areas adjacent to Beach Boulevard and Orange Avenue in
compliance with Code requirements and the dra(t Beach Boulevard Desigr. Guidelines. The
landscaping plan shall also include an additional four (4) foot wide landscaped planter loca!ed
adjacent ta 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 repiaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
26. That the landscaped planters shall be permanently maintained with live and healthy plant materials.
27. That the locaticns for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shali be
located outside the required setback areas, and 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, coior of walls, materials, identifiers, access points, etc.) and
shali be subject to the review and approval af the appropriate City departments.
28. 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 and the hours of
operation for the drug store shall be subject to review and approval by the Planning Commission as
a "Reports and Recommendations" item.
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.
30. That final elevation drawings, including the materials and color board, and showing accent tiles and
other architectural enhancements, shall be submitted to the Zoning Division of the Planning
Department for review and approval by the Planning Commission as a"P,eports and
Recommendations" item.
31. That after the opening the new drug store, this commercial shopping center shall be permitted to
have two (2) Alcoholic Beverage Control (ABC) licenses, one to permit the sale of alcoholic
beverages and one to permit the saies of beer and wine for off-premises consumption until the
expiration of the convenience market lease on October 1, 2001. Afte~ that date there shall be only
one (1) ABC license in this commercial shopping center permitting the sale of alcoholic beverages
or beer and wine far off-premises consumption.
32. That a maximum of four (4) units shali be permitted for this commercial retail center.
CR3832PK.DOC -6- PC99-214
'
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 shali be decorative fixtures, which are architecturally compatible with the
new/remodelad building.
35. That no outdoor storage shall be permittc:d; and that shopping carts shali be stored inside the
buildiny(s).
36. That no vending machines shall be visible to any pubiic right-of-way.
37. That subject property shall be developed substantially in accordance with plans and spe~ifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. ~~".rough 13, and as conditioned herein.
38. 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, 15, 16, 17, 19, 20, 24, 27 and
30, above-mentioi~ed, shall be camplied with. Extensions for further time to complete said
conditions may be granted ;n accordance with Section 18.03.09~ of the Anaheim Municipal Code.
Further, if an extension of time is requested for the alcohol sales portion of this request, it shail be
considered at a noticed public hearing.
39. That prior to final building and zoning inspections, Condition Nos. 7, 8, 9, 10, 11, 13, 18, 20, 22, 29,
34 and 37, above-mentioned, shail be complied with.
40. Th3t approval of this application constitutes approvai oF the proposed request only to the extent that
it complies with the Anaheim Municipai Zoning Code and any other applicable City, State and
Federai regulations. Approvai does not inciude 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 Ciry 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 thaa~~f,
be declared invalid or unenforceable by the final judgment of any court of competent ~urisdiction, .'r.~::~ ?h;s
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was opted at the Planning Commission mee:inq ~` .
December 6, 1999. `
CH RSON PRO TEMPORE,
AN IM CITY PLANNING COMMISSIGN
ATTEST:
Ct,2l.~.~ ~p,~~
SECR TAR , NAHEIM CITY PLANNING COMMISSION
CR3832PK.DOC -7- PC99-214
,..~ - -
STATE OF C~:ALIFORNIA )
COUNTY OF URANGE ) ss.
CITY OF ANAHEI~JI ) ~
I, Margarita Soiorio, Secretary of the Anaheim City Pianning Commission, do hereby certify
that the for~geing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on December 6, 1999, by the foliowing.vote of the members thereof:
AYES: COMMISSIONERS: . ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
~,,,,,,~ II~N WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
_~J u/1 -~ 2000.
~
SE ETAR , NAHEIM CITY PLANNWG COMMISSION