Resolution-PC 99-228RtSOLUTION NO. PC99-228
A RESOI.UTION OF THE ANAHEIM CITY PLANNING COMMISSION
TFiAT PETITION FOR VARIANCE NO. 4383 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the Ciry of Anaheim, County of Orange, State of Califomia
described as:
THE SOUTH 2O0.00 FEET OF THE WEST 200.00 FEET OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 4 SOU7H,
RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A AMP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECOROS OF
ORANGE COUNTY, CALIFORNIA.
THE NORTH 110.00 FEET OF THE SOUTH 310.00 OF THE WEST 200.00 OF TtiE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 4 SOUTFI, RANGE 10 WEST, IN THE RANCHO LaS COYOTES, AS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 17, PAGE 41 OF
PARCEL MAPS, IN THE OFF~ICE CF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFCIRNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 20, 1999, at 1:30 p.m., notice of said public hearing having been
duly given as required by Iaw and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 1 ~.03, to hear and cunsider evidence for and against said proposed variance and to investig~te
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 fol~owing facts:
1. That the petitioner proposes waivers of the following to demolish an existing restaurant
and commercial retail center to construct a drive-through pharmacy:
(a) Sections 18.06.050.020.022 - Minimum number of oarking spaces,
and 1R.44.066.050 (80 soaces required;
75 soaces proposed and concurred with by the City Tra~c and
Transportation Manager)
(b) Section 18.44.063.040 - Minimum setback abuttina a residential zone.
(10 feet required adjacent to RM-2400 "Residential, Multipie-
Family" zoning along the east property line;
5 feet proposed)
2. That approval of waiver (a), minimum number of parking spaces, under the conditions
imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of
such spaces necessary to accommodate all vehicles attributable to the use under the normal and
reasonably foreseeable conditions of operation of the use.
3. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking space~ ~pon the public streets in the immediate vicinity of the proposed use.
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4. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate viciniry of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of the Zoning Code).
5. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use.
6. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed
use.
7. That the waiver (b), minimum setback abutting a residential zone, is hereb;~ ;ranted on
basis that there are special circumstances applicable to the property such as size, shape, topography,
location and surroundings which do not apply to other identically zoned property in the same viciniry; and
that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in
the identical zone and classification in the vicinity.
8. That there are exceptionai or extraordinary circumstances or condi!ions applicable to the
propefty involved or to the intended use of the property that do not appiy generally to the property or class
of use in the same vicinity and zone.
9. That the requested waiver is necessary for the preservation and enjoyment of a
substantial properry right possessed by otrer property in the same vicinity and zone, and denied to the
property in question.
10. That the requested waiver wili not be materially detrimental to the public welfare or
injurious to the property or improvements in such vicinity and zone in which the property is located.
11. That three people spoke at the public hearing in favor of the proposal.
12. That two concerned people spoke at the public hearing; and that no correspondence
was received in oppositio~.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to demolish an existing restaurant and commercial retail
center and construct a drive-through pharmacy with waiver of minimum number of parking spaces and
minimum setback abutting a residential zone on an irregularly-shaped 1.3-acre property located at the
nertheast corner of Ball Road and Brookhurst Street, having frontages of 140 feet on the north side of Ball
Road and 365 feet on the east side of Brookhurst Street, and further described as 940-956 Soukh
Brookhurst Street (proposed Walgreens drive-through pharmacy); and does hereby approve the
Negative Declaration upon finding that the declaration reflects the independent judgement 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
:hat there is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry Pianning Commission
does hereby grant subject Petition for Variance, upon the fo~lowing conditions which are hereby found to
be a necessary prerequisite to the proposed use of the subject property in order to ~reserve the safety
and general welfare of the Citizens of the City of Anaheim:
That the proposed ground cover within the front setback area along Ball Road and Brookhurst
Street shali be pianted with a low undulating berm leading up to the proposed screen wall. Said
information shall be specificaily shou~n on the plans submitted for building permits.
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2. That the final landscaping plan shall specify a minimum of five (5), twenty four inch (24") box sized
trees provided in the required setback along Ball Road. Said information shall be specifically
shown on pians submitted for building permits. In addition, landscape plans shall be submitted to
the Community Services Department for review and approval for the proposed tree species.
3. That minimum one (1) gallon sized clinging vines shall be pianted on maximum three (3) foot
centers along alI proposed walls which are visibie off-site. Said information shall be specifical~y
shown on the plans submitted for building permits.
4. That the property owneddeveloper shall instali street trees, including proper irrigation facilities,
within the public right-of-way adjacent to Ball Road and Brookhurst Street, as required by the
Urban Forestry Division of the Community Services Department. The size, type and number of
trees shall be provided to the satisfaction of the Urban Forestry Division.
5. That Final Sign Plans, including required modifications thereto, shall be submitted to the Planning
Department for Planning Commission review and approval as a"Reports and Recommendations"
item.
6. That the proposed monument sign shall include the numeric street address in nine (9) inch high
letters as required by Code and shall incorporate stucco around the sign cabinet. This sign shall
be relocated outside the line-of-sight triangls and approved by the Ciry Traffic and Transportation
Manager. Said information shall be specifically shown on plans submitted for Commission review
as an "Repcr+s and Recommendations" item.
7. That the location(s) for future above-ground utility device(s) including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be
shown on the plans submitted for building permits. The plans shali also identify tlae specific
screening treatments of each device (i.e., landscape screening, color of walls, materials, identifiers,
access points, etc.) and shaA be subject to review and approval by the appropriate City
departments.
8. That all air conditioning facilities and other roof and ground niounted equipment shall be properly
screened from view and sound burfered from adjacent residential properties. Said information shall
be specifically shown on the plans submitted for building permits.
9. That the property owner shali provide the City of Anaheim Electrical Engineering Division of the
Public Utilities Department with a public utilities easement to be determined as electrical design is
compieted.
10. That "GO 95 clearances" shali be maintained around existing City electrical facilities; and that any
necessary relocation of existing electrical facilities or streetlights shall be at the expense of the
developer.
11. That the developer shall pay the Sewer Capacity Mitigation Fee for the South Brookhurst Corridor
Area.
12. That the water backflow equipment shall be above ground and outside the required streei setback
area in a manner fully screened from all public streets. Any other large water system equipment
shall be installed to the satisfaction of the Water Engineering Division in either underground vaults
or outside the street setback area in a manner fully screened from ail public streets. Said
information shail be specificaliy shown on plans and approved by Water Engineering and Cross
Connection Inspector before plans are submitted for buildin~ permits.
13. That all existing water services shall conform to current Water Utility Standards. Any existing water
services that are not approved by fhe Utilities Department for continued use shall be upgraded to
current standards, or abandoned by the developer. If the existing servfces are no longer needed,
they shall be abandoned by the developer.
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14. That, because this project has landscaping areas exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed which shail comply with Chapter 10.19 of
Anaheim Municipal Code and City Ordinance No. 5349.
15. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Street~ and Sanitation Division, anu in accordance with approved pians on file
with said Departm~nt. 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 shail be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
sized clinging vines pianted on maximum three (3) foot centers, or tall shrubbery. Said inforrnation
shaU be specifically shown on the plans submitted for building permits.
16. That an on-site trash truck turn-around area shall be provided ir accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shal~ be specifically shown on the plans submitted for building permits.
17. That a plan sheet for ~olid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
18. That gates shall not be installed across the driveway in a~nanner which may adversely affect
vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to tha review and approval of the City Traffic and
Transportation Manager prior to issuance of a building permit.
19. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approvai 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.
20. That the driveways sha~i be corstructed with ten (10) foot radius curb returns as required by the
City Engineer ~n confc+rmance with Engineerin~ S4andard No. 137, Said construction shall be
shown on plans submitted for building permits.
21. That plans shall be submitted to the City Traffic and Transportation Man~ger for review and
approval showing conformance with Engineering Standard Mo. 137 pertaining to sight distance
visibility for sign ar,d/or walllfence locatians.
22. That any roll-up doors shall be shown on the plans submitted for building permits. Said doors shall
be installed and maintained as shown on the submitted ar~d approved plans. •
23. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
24. That the parking lot serving the p~~emises shall be equipped with decorative lighting of su~cient
power to illuminate and make easiiy discernable the appearance and conduct of ail persons on or
about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so
as not to unreasonabfy iliuminate the window areas of nearby residences. Photomet~ic plans shall
be submitted to the Anah~im Police Departmsnt for review and approval prior to issuance of
building permits.
25. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
color which contrasts wiih the roof material. The numbers shall not be visible to the view from the
street or adjacent properties.
26. That final building elsvation plans, including a materials and coiors board, shall be submitted to the
Pianning DepaRment for Commissfon review and approvai as a"Reports and Recammendations"
item.
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27. That the owner of subject property shall submit a letter requesting termination of the foilowing
zoning petitions:
(a) Conditional Use Permit No. 1066 (to permit on-saie of alcoholic beverages in conjunction with
a restaurant under construction),
(b) Conditional Use Permit ~io. 2834 (to permit a food mart with off-sale beer and wine in
conjunction with self-serve gasoiine sales with waiver of minimum structural setback),
(c) Conditional Use Permit No. 3189 (to permit a 5,040 sa.ft. commerciai center),
(d) Conditional Use Permit No. 3496 (to retain and expand a convenience market),
(e) Conditional Use Permit No. 3704 (to permit a remodeled automobile service station and to
construct a car wash facility with waiver of minimum distance between service stations,
maximum self-service sign area and minimum landscaping at street frontages),
(f) Conditional Use Permit No. 3870 (to construct a 1,126 sq.ft. service station with a 1,000 sq.ft.
convenience market),
(g) Variance No. 508 (to permit a service station), and
(h) Variance No. 2788 (waiver of permitted uses, to permit an unlawfully existing photo kiosk on
a service station site).
28. That the temporary environmental remediation equipment shail be removed when clean-up i~
completed and replaced with parking spaces as shown on Exhibit No. 1.
29. (Proposed Condition No. 29 was defeted at the P/anning Commission public hearing.)
3G. That no outdoor storage shail be permitted. Any shopping carts shall be stored inside the building.
32. That the ~vater vending machine shall be located inside the building.
32. That any publ?^ telephones proposed on-site shall be located inside the building.
33. That subject property shall be developed substantially in accordance with pians and specifications
submitted to the City of Anaheim by the petitioner and which plans are on fi!e with the Planning
Department marked Exhibit Nos. 1 through 5, and as conditioned herein.
34. 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, 5, 6, 7, 8, 11, 12, 15, 16, 17, 18, 19, 20,
21, 22, 24, 26, 27 and 37, herein-mentioned, shall be complied with. Extensions for further time to
complete safd conditions may be granted in accordance with Sectian 18.03.090 of the Anaheim.
35. That prior to final building and zoning inspections, Conditions Nos. 4, 10, 13, 14, 25, 33 and 37,
herein-mentioned, shall be complied with.
36. 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 anc!
Federal regulations. Approvai does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
37, That prior to final building and zoning inspections, Closed Circuit Television (CCN) security
cameras shail be provided with coverage of the lobby entrance, pharmacy and drive-through.
Recorded CCN tapes shail be kept for a minimum of thirty (30) days before befng recorded over.
Said information shall be shown on plans submitted for building permits and said plans shall be
reviewed and approved by the Anaheim Police Department.
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BE IT FURTHER RESOLVE~ that the Mahefm Cfty Planning Commission does hereby
find and determine that adoption of this Resolution is expressly pred(cated 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 finai judgment of any court of competent jurisdiction, then this
Resolution, and any approvais herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 20, 1999.
,F'i~tN ' G~4X.w'./
CHAIRPERSON, ANAHEIM C TY PLANNING COMMISSION
ATTEST:
~~'~1J
SECRETA , ANA EINI CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meetlng of the Anaheim City Planning
Commission held on December 20, 1999, by the fallowing vote of the members thereof:
AYES: COMMISSIONERS: BOSNVICK, BOYDSTUN, BRISTOL, KOOS, ~APOLE~,Vq(~j~ER81L'~
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD
IN WITNESS WHEREOF, I have he7~un~ set rr~y het1~~ 'tH~ !~~ Q~, of
_~~~~~, 2000. ~
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SE6RET1~?RYj..4NAHEIM CIl'P, ~ ~, GCOM-1~}{R9SION
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