Loading...
Resolution-PC 94-142RESOLUTIQN N0. PC94-142 A RESGLUTION OF THE ANAFIEIM CITY PLANNING COMMISSIUN THAT PETI'fION Ft~R CONDITIONAL USF PERMIT NO. 'i723 BE GRANTED, IN PAR7 WHEREAS, the Anaheim City Pianning Commission did roceive a verified Petltion for Conditionai Use Permit for cArtain roal property situatod in the City af Anahefm, County of Orange, State of California, described as: PARCEL 2: THE WEST 662.00 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTEH OF THE NORTHWESl' QUARTEH OF SFC710N 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANC{-10 SAN JUAN CAJON DE S~NTh ANA, AS THE WEST HALF OF 1'HE NORTHWES7 CdUAR7ER OF SAID SECTION 9 IS SHOWN ON A MAP FILED IN BOOK 28, PAGE 32 OF RECORU OF SURVEYS, IN THE OFFICE OF TME COU~TY RECORDER QF SAID CQUNTY. ~VHEREA5, the City Planning Commisslon did hold a public hoaring at the Civic Centor in the City of Anaheim on October 17, 1994 at 1:30 p.m., notice of said public hearing having boen duly givon as required by law and in accordance with the provisions of the Anahoim Mun(cipal Codo, Chepter 18,03, to hear and consider evidence for and ac~afnst said proposed conditional use permit ~nd to investigate and mako findings and recommendations in connection ~herewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its beh~lf, and after due consideration of all evid~nce and repnrts offored at said hearing, doos find and dotermine the following facts; 1. That the proposed use Is properly ane for whfch a conditionat use permit Is authorized by Anaheim Municlpal Code Sect~on t8.03.030.010 to permit a tamporary bank building with the following waivers: (a) Sectfons 18.04.06Q.013 - Minimum landsca e re uirem9nt~. an i~Q1 .4Q•063•U5Q 7 tr required tor 148 feet oF frontege along Euclid Street; none proposed) (b) $eCtions 1f3.04.060.050 - Minimum parking lot landscapina. ,~nd 18.44.063 7 tree~ requ(rad In 21,000 sq.ft. psarkinc~ lot; tre exle'.~nc~) (c) Sectfon 18 n4.063.040 - Raau(red I~ndscaped setback abuttlny any residentf~l zon~. (minimum 10_foot I• n SCapP.s..l setback wlth t9 rees required; none to 6-foot landsca~ sotback v~~:th ,n~ trees proposod) 2. That wafver (aj is hereby denied on the basis that the property has sufficiont aro~ to comply with Code roquired landscaping and mfnimum number of trees adjacent Euclid Street which is a Fieavil~r traveled maJor arterial higtiway; 3, That waivers (b) and (c) are granted on tt~e basis that there are special cfrcumstances applicable to the property consist(np of its location and surroundings which do not apply to other identically xoned proporties fn the viclnfty because the proposed temporary bank oullding is in conjunction with demolition oF the existing multiple story bank building and construction of a new bank building wiil commence in the near future fappr~ximately 18 months) at which time the waivers will no longer be noeded; that the property is located in a redevelopment ~rea which creates the c(rcumstance of tha property's befnc~ uitimately redeveloped according to Code; and that plans for permanent landscaping wilt be requfred in connection with construction ot the nQw bank building; CR22?_3MS.WP -1- PC94-142 4. That strict application af the Zoning Code deprives tho proporty of privlleges onjoyed by otlier propertfos under identical zoning classification in the vlcinity because the proposed use and waivers are tomporary; 5. That the proposed use is not iisted in the Zoning Code as befng a permitted use; 6. That the proposed use will not adversely affact the adJoining land uses and the growth and development of the area in which it Is proposed tu be located because it Is a temporary use; 7. That the size and shape oF the sito for the proposod use is adequate to allow the full davelopment of tho proposed use fri a manner not detrfinental to the particular area nor ta the peace, health, safety, and c~eneral weliare; 8, 'fhat the tra(fic flenerated 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; and 9. That tho c~ranting of the conditicnal use permit under the conditians Imposed will not bd detrimental to tlie peace, health, safety ~nd general wel(are of tha citizens of tho City of Anaheim. 10. TYiat no one indicated thoir presQnce at sald public hearing in opposition; and that no corresnondence was received fn apposition to the subJect potition. ~41FORNIA ENVIRQNM~TAL OUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed tho proposal to permit a temporary bank bullding with waivers ~f minimum landscape requfroments, minlmum parkinc~ iot landscaping, and requlred landscaped sotbaok abutting any resldontlal zo~ie on a rectangula~ly-shaped parcel of land consisting af approximr~tely 9.Q2 acres located at the northeast corner of Crescent Avenue and Euclid Street, having approximate froniagos of 60U feet on the north side of Crescent Avonue and 625 feet on the east Sfde of Euclid Street, and further described as 600 North Euclid Street (California Federal Bank); and does hereby approve 2he Negative Declaratfon upon finding that the declaration ref!PCts the (ndependent Juclgemant of the lead ac~ency and that it has cansidered tho Negative Declaration togather with any comments received durin~ the public review process and further findinc~ on thd basis of the initial study and any comments re~eived that there is no substantial evld~nco that the project will havR a signiflcant effect on the environment, NOW, THEREFOFlE, BE IT RESOLVF.D that the Anahefm City Plann(ng Commission does heroby grant subject Pet(tion for Condltlonal Use Permit, fn pa~t, ~ipon the following conditions wh~ch are hereby found tu be a nocessary prarequisite to the proposed use of the sub~ect property in order to preserve the safety and general welfare of the Citizons of the City of Anahefm: 1. That subJe~:t cunditional use permit shall expfre two (2) years from the date that subJect temporary bank structure is occupled, 2. That a plan sheet for solid waste storag~ and collectfon and a plan for recycl(ng shall be submltted ta the Uepartment of Malntenance for review and approval. 3. That, in the event the proposed monument sign is to remafn onco the permanQnt bank buflding has been developod, said slgn shall conform to the sign program approved in conjunction with the Anaheirr Plaza proJect (Conditional Uso Permft No. 3566). 4. That landscapiny, in con(urmance with Code requirements, shail be providad between tho proposed structure and the ultlm~te right-of-way Iine for Euclid Street. .2. ° Gy4-142 5. 'Tfiat sub~e^t property shall be developed substantially in accordanco with plans ~nd spacllications Submittecl to the City of Anah~im by thv petftion~r and which plans ar~ on tile with the Planninq Department marked Exhibit Nos. 1 and 2; provided, however, that the final sfte plan submitted (or bu~lding permits shail accurately refiect the locaticn ot tho ultimate right•of•way at Euclid 3treot. 6. That tlie buildings shall bo reoriented so that the air canditioning unfts do not tront on Euclid Street. 7. That prior to commencement o( the activity authorized by this resolution, or priur to isnuance of a bufiding permit, or wiYhin a pericxl ot one (t) year Irom the clate of th(s resoluti~r., whichaver occurs iirst, Conditian Nr~. 2, above•mentfoned, shall be complied with. Extensions for furthor tfine to completo safd canditions may be granted f~~ accordan~e wfth Soctfon 18.03.090 ot the Anahelm Munlcipal Cod~. A. 'Tliat prlor to tinal building and zoning inspactions, Condition Nos. 4, 5 a~tid 8, above-mentloned, shall be complied with. 9. That approvaf oi this ap~licatfon constitutes npproval ot the proposed requost only to the extRnt that it complies with the Anaheiin Municipal Zoning Cocie and any other applicsbte City. State aiui Fnderal regulations. Approval d~ as not includP ~ny action or (indings as to compliance or approv2l ol the request regarding any other brplicable ordinance, r~gulation or r~uiroment. BE IT FURTHER AESOWEO that the Anahoim City Planning Comrnission doos heroby tind and determine ihat aduption ol tht3 Resolution is expressly p~edicatod upon app!icant's compliance with eacf~ aixi all a! the conditfons liure(nabove se: lorth. Shouid any such condition, or any part tliereof, be declareci invalic+ or unentorce~ble by tho tinat ~udgment ~1 any court of comnetent lurisdtction, then this Rosolution, and any approvals hQrein ccntained, shall be deemed i,uil And vofd. TH[ FOREGOING FiESOLUTION was adopte~ at the Ptanr~infl Commtssion meRting of October t7, 1~94. /~' ~'~., ~kw.~ CHAIRWUMAN ANAHEIM COTY IANNlNG COMMISSION AT1ES7: j , ~~ 't' ~ ~ i ~/., , -,. .~iECRETAHY, APJAH~IM CITY PLPNNIP7G COMMISSION STATE OF CAUPORNIA ) COUNTY OF ARANaE ~ 3s. CITY OF ANAHEIM ) I, ~c1i1t~ L Harris, Sucretary of Ihe Pu~ahelm City ?tanning Commission, do horeby r,tsrtify that the forQgcinp resolation was passecl and adoptecl at a mr!otfng at the Anaheim City Planning Cornmission held ai October 17, 1994. by ~tw 1r~llowing vote ~( thR members thereof: AYE3: ~'AMMISSIOPI~RS~ Of~YOSjUN, C~ILOWELL, HENHINC3EFi, M1A1'~A, MESSE, f'ERA2A t~OEfi: C~Of~'MISSIQ~N~Fi3: MON~ /-BSENT: GOMMISSIONEHS: Tl,IT ~,,~,~ IN WfTNE55 WHEREOF, I havc~ f~creunto sc» my harxJ th~s 1;(_~ daY ol ..[.1:1~d..~,.. ~99d, j ~ ....~._ /' !~l~.~w ,_..., ~_s~- SfCpETl~RY, ANANEII.1 CIIY PLAMNI~C~ COMMISSION .~y. PGA4• t42