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RES-2013-041 RESOLUTION NO. 2013 -041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING THAT PORTION OF VARIANCE NO. 2012 -04917 RELATING TO THE REQUEST TO INSTALL AN ELECTRONIC READER -BOARD SIGN IN PLACE OF AN EXISTING FREESTANDING SIGN; APPROVING THAT PORTION OF VARIANCE NO. 2012 -04917 RELATING TO THE INSTALLATION OF SIGN CABINETS ON AN EXISTING FREESTANDING SIGN; AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008- 05372. (DEV2009- 00042A) (5635 EAST LA PALMA AVENUE) WHEREAS, on December 8, 2009, and subject to certain conditions of approval, the City Council of the City of Anaheim (herein referred to as the "City Council "), by its Resolution No. 2009 -174, did approve Conditional Use Permit No. 2008 -05372 to permit the construction of a 10,000 square foot commercial retail building with fewer parking spaces than required by the Anaheim Municipal Code (herein referred to as the "Original CUP ") on that certain real property located at 5635 East La Palma Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property is currently developed with a 1,795 -seat movie theater and parking structure. The zoning for the Property is the Northeast Area Specific Plan, Development Area 5 (SP94 -1, DA5). The Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, the conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions of Approval "; and WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition to amend the Original CUP (herein referred to as "Conditional Use Permit No. 2008- 05372A "), pursuant to Section 18.60.190 of the Anaheim Municipal Code, to permit the construction of a 3,900 square foot drive - through restaurant in conjunction with a 4,875 square foot retail building; and WHEREAS, concurrently with the receipt of a verified petition to amend the Original CUP, the Planning Commission did receive a verified petition for a variance (herein referred to as "Variance No. 2012- 04917 ") from the following provisions of the Anaheim Municipal Code (the "Code "), to permit the installation of (i) an electronic reader -board sign in place of an existing legal non - conforming freestanding sign, and (ii) sign cabinets on said freestanding sign at the Property: SECTION NO. 18.56.060.020 Electronic Reader -board Sign SECTION NO. 18.56.060.020 Continuation of Sign. (Construct 4 sign cabinets on a legal nonconforming sign; 1 sign cabinet allowed) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 14, 2013 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 Anaheim Municipal Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2008- 05372A and Variance No. 2012 - 04917, and to investigate and make findings and recommendations in connection therewith; 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 pertaining to the request for Conditional Use Permit No. 2008- 05372A and Variance No. 2012 - 04917, did adopt its Resolution No. PC2013 -004, approving Conditional Use Permit No. 2008- 05372A and that portion of Variance No. 2012 -04917 that permits the installation of sign cabinets on an existing legal non - conforming freestanding sign at the Property; provided, however, that the Planning Commission denied that portion of Variance No. 2012 -04917 that would have permitted the installation of an electronic reader -board sign in place of an existing legal non - conforming freestanding sign at the Property; and WHEREAS, within the time prescribed by law, an interested party or parties did appeal said Planning Commission decision to the City Council; and WHEREAS, thereafter, the City Council did set the matter for a de novo hearing, which public hearing was duly noticed in the manner provided by law; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the recommendations and action of the Planning Commission; and WHEREAS, under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the City Council finds and determines that the proposed project is within that class of projects which consist of the construction and location of limited numbers of new, small facilities or structures, and that, therefore, pursuant to Section 15303 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 City Council does hereby find and determine, with respect to proposed Conditional Use Permit No. 2008- 05372A that all of the conditions and criteria set forth in the Anaheim Municipal Code are present as follows: 2 1. The request to amend a conditional use permit to construct a 3,900 square foot drive - through restaurant in conjunction with a 4,875 square foot retail building is properly one for which a conditional use permit is authorized, subject to conditions of approval; and 2. The request to amend the conditional use permit would not adversely affect the surrounding land uses and the growth and development of the area because the use would be compatible with the surrounding retail and restaurant uses; and 3. The size and shape of the Property is adequate to allow the full operation of the existing and proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because sufficient parking will be provided to accommodate the retail, restaurant and movie theater uses; and 4. The traffic generated by the proposed businesses would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the Property is consistent with typical retail businesses that would be permitted as a matter of right within the zone; and 5. Amending the Original CUP under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the City Council does further find and determine that the request for a variance to modify a legal nonconforming freestanding sign to permit the installation of sign cabinets should be approved but that the request for a variance to install an electronic reader - board sign in place of the existing freestanding sign should be denied, for the following reasons: 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the proposed project that result in limited and inefficient use of the Property if it were developed in conformance with development standards. The subject Property has a lot width that is significantly narrower than similarly zoned properties in the vicinity. The shape of the Property limits the available area for development of the commercial retail center. Typically, retail buildings are oriented parallel to the street providing additional visibility with wall signs. Due to the narrowness of this lot, the commercial building is oriented perpendicular to the street, limiting the visibility and effectiveness of the wall signs, particularly as viewed by eastbound traffic travelling on La Palma Avenue. Therefore, it is appropriate to permit additional identification on the freestanding sign through the installation of sign cabinets on an existing legal non - conforming freestanding sign at the Property; and 2. That, because of these special circumstances, strict application of the Zoning Code deprives the Property of privileges enjoyed by other property under the identical zoning classification in the vicinity. There are other properties in the vicinity under the same zoning designation that have monument or freestanding signs with identification of multiple tenants; and 3 3. That because the Zoning Code does not permit electronic reader -board signs, there is no authority to approve this request aside from an amendment to the Anaheim Municipal Code. Because electronic reader -board signs are prohibited and there is no authority to approve the sign, staff recommends that the request for the readerboard sign be denied. NOW, THEREFORE, BE IT RESOLVED that the City Council, for the reasons hereinabove stated, does hereby approve (i) Conditional Use Permit No. 2008- 05372A, thereby amending the Original CUP, and (ii) that portion of Variance No. 2012 -04917 that permits the installation of sign cabinets on an existing legal non - conforming freestanding sign at the Property, contingent upon and subject to the conditions of approval set forth 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 the conditions of approval set forth in Exhibit B hereto may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT RESOLVED that the City Council, for the reasons hereinabove stated, does hereby deny that portion of Variance No. 2012 -04917 that would have permitted the installation of an electronic reader -board sign in place of an existing legal non - conforming freestanding sign at the Property. BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amends the Previous Conditions of Approval in conjunction with Conditional Use Permit No. 2008- 05372A and, except as specifically amended hereby, the Previous Conditions of Approval shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the conditions of approval attached to this Resolution as Exhibit B and the Previous Conditions of Approval, the conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. BE IT FURTHER RESOLVED that Conditional Use Permit No. 2008- 05372A and that portion of Variance No. 2012 -04917 that permits the installation of sign cabinets on an existing legal non - conforming freestanding sign at the Property are approved without limitations on the hours of operation or 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 Conditional Use Permit No. 2008 - 05372A and that portion of Variance No. 2012 -04917 that permits the installation of sign cabinets on an existing legal non - conforming freestanding sign at the Property 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. 4 BE IT FURTHER RESOLVED that the time within which a rehearing must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R -524. THE FOREGOING RESOLUTION was adopted at the City Council of the City of Anaheim this 5th day of March , 2013 by the following roll call vote: AYES: Council Members Eastman, Brandman, Murray and Kring NOES: None ABSENT: None ABSTAIN: Mayor Tait CITY OF ANAHEIM By: MA OR OF THE CITY OF ANAHEIM ATTEST: Ai 'lkiati fabg 401, 4 CITY CLERK OF THE CIT � OF A. AHEIM 93426 /TReynolds 5 EXHIBIT "A" DEV NO. 2009- 00042A - i APN: 346-281-03 • • • 4 � • R q�GF T Hp AVE �.... —i • 0 � . 293 vAtt ;ttle, 3 .s ' ›k A e); ; SSdi ✓k g �„ ��3k �S 1 S f, 8�s � ref V OC e n a te 1 W CL ova° III ; , olurao 2 c, ;IRA tl'ef 4441.1 gym fgt. 273 reirri E LA 'ALMA AVE c__ U so 100 Source: R ecorda Maps anor City GIS. 1111111=1111111111111 Please n ote the accuracy ed Trct is +!- two d / to flue feet. Feet ■ EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2008-05372A VARIANCE NO. 2012 -04917 (DEV2009- 00042A) REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY 1 The property owner /developer shall coordinate with Electrical Engineering Public to establish electrical service requirements and submit electric system - plans, Utilities, electrical panel drawings, site plans, elevation plans, and related technical Electrical drawings and specifications. Engineering 2 If required, prior to connection of electrical service, the legal owner shall Public provide to the City of Anaheim a Public Utilities easement with dimensions Utilities, as shown on the approved utility service plan. Electrical Engineering 3 If the project has a landscaping area exceeding 2,500 square feet a separate Public irrigation meter shall be installed in compliance with the Landscape Water Utilities, Efficiency Guidelines. Water Engineering 4 A private water system with a separate water service for fire protection and Public domestic water shall be provided Utilities, Water Engineering 5 All existing water services and fire lines shall conform to current Water Public Services Standards Specifications. Any water service and/or fire line that Utilities, does not meet current standards shall be upgraded if continued use is Water necessary or abandoned if the existing service is no longer needed. The Engineering owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 6 The owner /developer shall irrevocably offer to dedicate to the City of Public Anaheim (i) an easement for all large domestic above - ground water meters Utilities, and fire hydrants, including a five (5) -foot wide easement around the fire Water hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all Engineering water service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the owner. 7 The main southbound exit driveway at La Palma Avenue shall be restriped Planning to clearly delineate the left turn lane, and the associated left turn and Department, through -right arrows. The striping shall be shown on plans submitted for Planning building permits. The striping shall be installed prior to first occupancy of Services the proposed uses. The striping shall be permanently maintained as shown on said plans. 8 The items listed in the Improvement Summary included as Attachment No. Planning 2 to the staff report shall be included on plans submitted for building Department, permits. These items shall be consistent with Condition No. 1 of Resolution Planning /'� No. 2009-174. Services CE E 9 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, Police and return it to the Police Department prior to initial alarm activation. This Department form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=6 10 Address numbers shall be positioned so as to be readily readable from the Police street. Number should be illuminated during hours of darkness. Department 11 Rooftop address numbers for the police helicopter. Minimum size 4' in height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be Police painted or constructed in a contrasting color to the roofing material. Department Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. 12 Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage police to provide adequate illumination to make clearly visible the presence of any Department person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. 13 "No Trespassing 602(k) P.C." posted at the entrances of parking Police lots /structures and located in other appropriate places. Signs must be at Department least 2' x 1' in overall size, with white background and black 2" lettering. 14 All entrances to parking areas shall be posted with appropriate signs per Police 22658(a) C.V.C., to assist in removal of vehicles at the property Department owners /managers request. 15 The property shall be developed substantially in accordance with plans and Planning specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 44, and as conditioned herein.