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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. - 1 - PC2012 -075 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 -2- PC2012 -075 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. -3- PC2012 -075 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 � ✓t SENIOR SETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2012 -075 EXHIBIT "A" DEV NO, 2012 -00092 APN: 354. 201 -22 354- 201 -21 �N S E L�R � "r O 6 SC 1 .0p Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. R�3 ib 4 O 730' �rn � CA� ON G�E1( 4p -5- PC2012 -075 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. -6- PC2012 -075