Resolution-PC 2009-126RESOLUTION NO. PC2009 -126
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 2 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009-05465
AND VARIANCE NO. 2009 -04804
(DEV2009- 00048)
(555 NORTH STATE COLLEGE BOULEVARD)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2009 -05465 to demolish an existing 2 -story office
building and construct a new bank building with four drive through lanes and Variance No.
2009 -04804 to permit a smaller front setback area than required by Code, for certain real
property situated in the City of Anaheim, County of Orange, State of California, shown on
Exhibit "A attached hereto and incorporated herein by this reference.
WHEREAS, this property is developed with a two -story office building
Located in the General Commercial (C -G) zone and the Anaheim General Plan designates
the property for low density office uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on December 7, 2009, at 2:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use permit and variance and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, said 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 for a conditional use permit, does find and
determine the following facts:
1. The request to construct a new bank building with drive through lanes in the
General Commercial (C -G) zone is properly one for which a conditional use permit is authorized
under Code Section 18.08.030.010 (Drive Through Facilities) of the Anaheim Municipal Code.
2. The proposed bank building, as conditioned herein, would not adversely affect the
adjoining office and church land uses and the growth and development of the area in which it is
proposed to be located because all business activities, with the exception of the drive through
lanes, would remain inside the building and the drive- through lanes would be screened from
view of the property to the south by a block wall and trees.
3. The size and shape of the site is adequate to allow the full development of the
proposed bank building in a manner not detrimental to the particular area nor to the health, safety
and general welfare of the public because all business activities, with the exception of the drive
through lanes, would remain inside the building. Moreover, the Code requires 23 parking spaces
for the bank facility and 45 spaces will be provided.
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4. The traffic generated by the bank would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the bank use
is consistent with the types of commercial uses along La Palma Avenue and State College
Boulevard and the traffic generated by this use will not exceed the volume of traffic planned for
the streets and highways in the area.
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 with respect to the request for a Variance for setback requirements, does find and
determine the following facts:
1. The applicant requests a variance from the following Code Section to
provide a smaller landscaping setback area than required by Code:
SECTION NO. 18.08.060.010
Minimum front setback
(15 -foot wide landscaped planter required;
5 -foot wide planter proposed adjacent to
La Palma Avenue and a 12 -foot wide
planter proposed adjacent to State College
Boulevard)
2. The above mentioned variance is hereby approved because there are special
circumstances applicable to the property, including size, shape, location and surroundings due to
the requirement to dedicate up to 12 feet along both street frontages for additional future traffic
lanes, thereby reducing the property's developable area from 0.96 acres to 0.71 acres. In
addition, the property is rectangularly shaped with a narrow lot depth from the ultimate right -of-
way along La Palma Avenue (118 feet), thereby limiting the amount of area available for
parking, truck deliveries, loading, trash truck access, and vehicular circulation.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 2 (Replacement or Reconstruction) as defined in the State CEQA Guidelines,
and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2009 -05465 and Variance No.
2009 -04804 subject to the conditions of approval described in Exhibit `B" attached hereto and
incorporated by this reference which are hereby found to be a necessary prerequisite to the
proposed use of the subject 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 Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that 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
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any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED, that this conditional use permit and this variance
are approved without limitations on the duration of the use. Amendments, modifications and
revocations 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
Anaheim Municipal Code.
BE IT FURTHER RESOLVED 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.
BE IT FURTHER RESOLVED that 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 or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 7, 2009.
ATTEST:
CHAIRMAN, AN XHEIM CIT PUNNING COMMISSION
SENIOR SE6RETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2009 -126
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 December 7, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI,
ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 7` day of December, 2009.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
4 PC2009 -126
A. I
APN: 073-190-291
I
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EXHIBIT "A"
DEV2009- 000-18
E LA PALMA AVE
248'
n o
273'
-5
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1
Source. Recorded Tract Maps and/or City GIS.
Please note the accuracy is two to five feet.
1
1
1
1
10874
PC2009 -126
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05465
AND VARIANCE NO. 2009-04804
(DEV2009- 00048)
No. Conditions of Approval
PRIOR TO ISSUANCE OF BUILDING PERMIT
5 Final elevation plans, including colored elevations and a
material board, shall be submitted to the Planning Department
for review and approval by the Planning Commission as a
Reports and Recommendations item.
6 Final landscaping plans shall be submitted to the Planning
Department for review and approval by the Planning
Commission as a Reports and Recommendations item.
Responsible for
Monitoring
1 Building plans shall show conformance with the cun version Planning
of Engineering Standard Details 436 and 470 pertaining to
parking standards. The subject property shall thereupon be
developed and maintained in conformance with said plans.
2 Building plans shall show conformance with the current version Public Works,
of Engineering Standard Detail 115 pertaining to driveway Traffic
design, sight distance visibility for signs and landscaping, and
pertaining to commercial driveway radii, subject to the approval
of the City Engineer.
3 The developer shall submit street improvement plans to the Public Public Works,
Works Department for all work in the public rights -of -way along Development
State College Boulevard and La Palma Avenue. A Right -of -Way Services
Construction Permit shall be obtained from the Development
Services Division for all work performed in the right -of -way. The
improvements shall be constructed prior to final building and
zoning inspections.
4 Trash storage areas shall be provided and maintained in a Public Works,
location acceptable to the Public Works Department and in Sanitation
accordance with approved plans on file with said Department.
Said storage areas shall be designed, located and screened so as
not to be readily identifiable from adjacent streets or highways.
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Planning
6 PC2009 -126
GENERAL
7 That on -going during project operation, no required parking
areas shall be fenced or otherwise enclosed for outdoor storage
uses.
8 The parking lot of the premises shall be equipped with lighting
of a minimum 1 foot candle power to illuminate and make easily
discernible the appearance and conduct of all persons on or
about the parking lot. Additionally, the position of such lighting
shall not disturb the normal privacy and use of any neighboring
residences.
9 There shall be no public telephones on the property that are
located outside the building and within the control of the
applicant.
10 The applicant shall be responsible for maintaining the area
adjacent to the premises over which they have control, in an
orderly fashion through the provision of regular maintenance
and removal of trash or debris. Any graffiti painted or marked
upon the premises or on any adjacent area under the control of
the licensee shall be removed or painted over within 24 hours of
being applied.
11 The property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 (Site Plan), 2 (Floor Plan),
and 3 -4 (Colored Elevations), and as conditioned herein.
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