Resolution-PC 2012-075RESOLUTION NO. PC2012 -075
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2012-05629 AND
VARIANCE NO. 2012 -04911 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00092)
(701 -791 SOUTH WEIR CANYON ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012-
05629 and Variance No. 2012 -04911 to construct a drive through ATM (the "Project ") with fewer
parking spaces than required by the Anaheim Municipal Code (herein referred to as the "Code ")
for certain real property located at 701 -791 South Weir Canyon Road in the City of Anaheim,
County of Orange, State of California, as more particularly described on Exhibit A, attached
hereto and incorporated herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 12 acres, is developed with the
Sycamore Canyon Plaza shopping center. The Property is located in the SP88 -1 Sycamore
Canyon Specific Plan, Development Area 2 Zone. The Anaheim General Plan designates the
Property for Neighborhood Center land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 22, 2012 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Code, to hear and consider evidence for and against said proposed conditional use permit to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et sec}.; herein referred to as "CEQA "), the Planning Commission
.finds and determines that the proposed project is within that class of projects which consists of
construction, or placement of minor structures accessory to (appurtenant to) existing commercial,
industrial, or institutional facilities, and that, therefore, pursuant to Section 15311 of Title 14 of
the California Code of Regulations, the proposed project will not cause a significant effect on the
environment and is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning 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 with respect to the request to permit the Project on the Property does find and
determine the following facts:
1. The proposed use is properly one for which a conditional use permit is authorized by
the Sycamore Plaza Specific Plan (SP88 --1), subject to the approval of Variance No. 2012 -04911
and the conditions of approval.
2. The proposed use will not adversely affect the adjoining land uses, or the growth and
development of the area in which it is proposed to be located because the construction of the
drive through ATM will not create any additional impacts to the surrounding properties.
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3. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular area or
health and safety because the construction is limited in scope and is a compatible use to the
shopping center.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the limited
construction of a drive through ATM is not significant enough to create a noticeable increase in
traffic.
S. The granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim because the project is
minor in scope and is exempt from CEQA based on this limited size.
tiVI EREAS, the Planning Commission does further find and determine that the variance
request for fewer parking spaces than required by the Code should be approved for the following
reasons:
SECTION NO. 18.42.040.010
Minimum number of parking spaces.
(733 spaces required; 614 spaces proposed)
1. That the variance, under the conditions imposed, if any, will not cause fewer off -
street parking spaces to be provided for the proposed use 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 because a parking study was submitted by the
applicant determining that the proposed number of parking spaces for the project is sufficient to
accommodate the shopping center property. The parking study indicates that 254 parking
spaces will be required by the shopping center during the peak demand hours based on
observations at the shopping center;
2. That the variance, 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 the on -site parking will adequately accommodate the parking demands
of the existing shopping center;
3. That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use because the on -site parking will adequately accommodate the parking demands of
the shopping center;
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off - street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the Property and are designed to allow
for adequate on -site circulation; and
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5. That the variance, 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 because the project site has existing ingress or egress access points that are
designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the
shopping center uses.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Anaheim as follows:
1. The Planning Commission does hereby approve Conditional Use Pen No.
2012 -05629 and Variance No. 2012 - 04911, subject to the conditions of approval described in
Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to
be a necessary prerequisite to the proposed use of the Property in order to preserve the health,
safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the
Code. Timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that satisfies
the original intent and purpose of the conditions, (ii) the modification complies with the Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
2. Any amendment, modification or revocation of this permit may be processed in
accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -
Initiated Revocation or Modification of Permits) of the Code.
3. The adoption of this Resolution is expressly predicated upon applicant's
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.
4. Approval of this application constitutes approval of the proposed request only to
the extent that it complies with the Zoning Code of the City of Anaheim 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, regulation or
requirement.
5. 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. Failure to pay
all charges shall result in the revocation of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 22, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60
of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in
the event of an appeal.
CHAIR, ANAHEIM CITY PT NING COMMISSION
ATTEST:
SENIOR S8CRETARY, ANAHEIM CTTf PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM }
I, Grace Medina, Senior 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 October 22, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 22 "' day of October, 2012.
ti
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SENIOR SETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO, 2012 -00092
APN: 354. 201 -22
354- 201 -21
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2012-05629
AND VARIANCE NO. 2012-04911
(DEV2012- 00092)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
ONGOING DURING PROJECT OPERATION
1
ATM shall be equipped with a comprehensive security alarm system
Police
(silent and /or audible) for the following coverage areas:
Department
• RobberylPanic Alarm for motorists using ATM
• Burglary Alarm for theft of or from ATM
2
ATM shall have its own light source, which shall adequately
Police
illuminate the area, immediately surrounding the ATM and any
Department
vehicle which may be stopped there, at all hours to make clearly
visible the presence of any person on or about the premises or
approaching the motorist using the facility.
3
Complete a Burglary /Robbery Alarm Permit application, Form APD
Police
516, and return it to the Police Department prior to initial alarm
Department
activation. This form is available at the Police Department front
counter, or it can be downloaded from the following web site:
http: / /www.anaheim.neUarticle.asp ?id =678
4
The subject Property shall be developed substantially in accordance
Planning
with plans and specifications submitted to the City of Anaheim by
Department,
the petitioner and which plans are on file with the Planning
Planning
Department, and as conditioned herein.
Services
5
Extensions for further time to complete conditions of approval may
Planning
be granted in accordance with Section 18.60.170 of the Anaheim
Department,
Municipal Code.
Planning
Services
6
That timing for compliance with conditions of approval may be
Planning
Department,
amended by the Planning Director upon a showing of good cause
Planning
provided (i) equivalent timing is established that satisfies the original
Services
intent and purpose of the condition(s), (ii) the modification complies
with the Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment of the use or
approved development.
7
Approval of this application constitutes approval of the proposed
Planning
Department,
request only to the extent that complies with the Anaheim Municipal
Planning
Zoning Code and any other applicable City, State and Federal
Services
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.
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