Resolution-ZA 1998-13~:: ..
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DECISION NO. ZA 98-13
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.4332
OWNER: Bank of America
600 Wilshire Boulevard, Suite 200
Los Angeles, CA 90017
AGENT: Brian McNutt
611 West 6th Street, Suite 1850
Los Angeles, CA 90017
LOCATION: 3130 East Miraloma Avenue.
CEQA STATUS: Categorical Exemption Class-3
HEARING DATE: May 7, 1998
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following to construct adrive-through automatic teller
kiosk in an existing industrial parking lot.
Section 18.12.060.050 - .Minimum setback from an arterial highway.
and 18.110.090.0902 65 feet required from. Miraloma Avenue; 18.5 feet proposed)
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Section 18.12.040, to decide the above-referenced petition and a public hearing having been duly
noticed for and held on the date set forth above, I do hereby find:
1. That there are special circumstances applicable to the property consisting of its size, location
and surroundings, which do not apply to other identically zoned properties in the vicinity because
the proposal is for adrive-through automated teller machine (ATM) in a large parking lot on a
large industrial parcel having 535 feet of frontage along Miraloma Avenue;
2. .That strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties in identical zoning classification in the vicinity because the 30 sq.ft. ATM is small
relative to the amount of street frontage (535 feet); and that the proposal, as approved, will
provide a convenient service to the surrounding industrial area; and
3. That the subject property has a depth of 710 feet, but it was inadvertently advertised as being
880 feet.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposed waiver of minimum setback from an arterial highway to construct a 30 sq.ft.
freestanding drive-through automatic teller machine (ATM) kiosk on 10.8-acre, rectangularly-shaped
property having a frontage of 535 feet on the south side of Miraloma Avenue, a maximum depth of 710
feet (advertised as 880 feet) and being located approximately 285 feet east of the centerline of Kraemer
Boulevard (3130 East Miraloma Avenue); and that the Planning Director or his authorized representative
has determined that the proposed project is Categorically Exempt, Class 3, under the State of California
Environmental Quality Act Guidelines.
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Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
4332, subject to the following conditions:
1. That the design of the drive-through lane shall be reviewed and approved by the City Traffic and
Transportation Manager; and that the ATM and its drive-through lane shall be relocated further
to the east so that there is a minimum of twenty (20) feet between the entrance driveway from
Miraloma Avenue and the most westerly edge of the drive-through lane.
2. That the subject ATM kiosk shall be limited to not more than two (2) wall signs, one each on the
north (towards Miraloma Avenue) and south (towards the industrial building) kiosk watts, and
each shall be a maximum of five (5) square feet in size. Said signs shall be shown on the plans
submitted for building permits for review and approval by the Zoning Division.
3. That if any modifications are made to the existing landscaped planter along Miraloma Avenue,
including trimming the existing hedge, a landscaping plan shall be submitted to the Zoning
Division for review and approval, showing the exact modifications including, but not necessarily
limited to, how low the hedge will be trimmed, how much of the hedge's length will be trimmed
and, unless the entire hedge is trimmed, how the trimmed portion will blend with the untrimmed
portion. If the hedge is removed or trimmed excessively, the petitioner shall be required to
install landscaping in those portion(s) of the front ten (10) foot wide planter where the hedge is
removed or trimmed excessively. Said landscaping shall comply with Sections 18.04.060
(Landscaping Requirements -General) and 18.110.050.090.0902(b) (front setback landscaping
in Development Area 1 of the Northeast Area Specific Plan), including minimum fifteen (15)
gallon sized trees planted on maximum twenty (20) centers.
4. That subject property shall be developed substantially in accordance with plans and
.specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein (including
that only two. [2] wall signs shall be permitted).
5. That prior to issuance of a building permit or within a period of one (1) year from the date of this
decision, whichever occurs first, Condition Nos. 1, 2 and 3, above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
6. 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
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
This decision is made, signed, and entered into the fife this 14th day of May 1998.
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Annika M. Santalahti, Zoning Administrator
NOTICE: This decision shalt become final unless an appeal to the City Council, in writing, accompanied
by an appeal fee, is filed with the City Clerk within 15 days of the date of the signing of this decision or
unless members of the City Council shall request to review this decision within said 15 days.
DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury that on the date
set forth below, J did deposit, in the United States Mail, a copy of the decision to the applicant and did
forvvard a copy to the City Clerk. ~{-~ i
DATE: May 14, 1998 `\YG U~ ~- ~'
Patricia Koral, Word Processing Opera ~~~
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