Resolution-PC 2015-076RESOLUTION NO. PC2015-076
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 3277
(DEV2015-00011)
(950-970 NORTH TUSTIN AVENUE)
WHEREAS, on August 21, 1990, and subject to certain conditions of approval, the City
Council of the City of Anaheim (the "City Council"), by its Resolution No. 90R-326, approved
Conditional Use Permit No. 3277 to permit industrially -related office uses in an existing
industrial building with waivers of those requirements then contained in the Anaheim Municipal
Code (the "Code") related to (1) the maximum number of freestanding signs (1 sign permitted; 3
signs existing), (2) the minimum distance between freestanding signs (300 feet required; 58 feet
existing), (3) the maximum number of signs in parking -landscaping areas (1 sign permitted in
front 50 -foot setback; 2 signs existing), and (4) the permitted type of sign (marquee (changeable
copy) sign not permitted); 1 marquee sign existing) (herein referred to as the "Original CUP") on
that certain real property located at 950-970 North Tustin 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 conditions of approval that were the subject of the Original CUP shall be
referred to herein as the "Previous Conditions of Approval"; and
WHEREAS, three signs were approved at the Property as a result of the waivers granted
pursuant to the Original CUP. One of those signs, which is the subject of the proposed
amendment to the Original CUP, was described in the Original CUP as a "30 -foot high double-
faced 200 square foot freestanding sign which included approximately 122 square feet of
electronic readerboard (marquee/changeable copy) above fixed signage ... used for temperature
and time display ... [and] also used for advertising and displaying community service messages"
and illuminated during certain hours of each day. As approved by the City Council in 1990, that
sign was limited to the "display of [only] advertising or business identification pertaining to the
on -premise businesses and/or the time and temperature, and . . . no display of any other
changeable copy or advertising ...." (herein referred to as the "Sign"); and
WHEREAS, the Sign does not meet the requirements of Chapter 18.44 (Signs) and is
considered to be a nonconforming sign under Section 18.56.060 (Nonconforming Signs) of the
Code; and
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to amend the Original CUP to allow for the
alteration of the Sign and to modify the Previous Conditions of Approval related to the Sign,
including the hours of operation (the "Proposed Project"), pursuant to Section 18.56.060
(Nonconforming Signs) of the Code. Said amendment to the Original CUP is designated herein
as Conditional Use Permit No. 3277A; and
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WHEREAS, the Property is approximately 2.94 acres in size and is currently
developed with two, two-story office buildings. The Anaheim General Plan designates the
Property as Office -Low. The Property is located in the Commercial Area (Development Area 5)
of the Northeast Area Specific Plan Area and is subject to the zoning and development standards
of Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development
Standards) and, more particularly with respect to the Proposed Project, Section 18.56.060
(Nonconforming Signs) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 5, 2015 at 5:00 p.m. and, due to a lack of a quorum on that
date, continued to October 19, 2015, notice of said public hearing having been duly given as
required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the
Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2015-
05782 and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project;
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 1 —
Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing
public or private structures or facilities, involving negligible or no expansion of use beyond that
existing at the time of this determination, and (Class 11- Accessory Structures) which consists
of construction, or replacement of minor structures accessory to (appurtenant to) existing
commercial, industrial, or institutional facilities, including but not limited to on -premise signs
and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, 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 pertaining to the request for Conditional Use Permit No. 3277A, does find and
determine that the evidence presented shows that all of the following conditions exist:
1. That the proposed modifications to the Sign, under the conditions imposed, do not
increase the height or area of sign copy and bring the sign closer to conformity with the Code;
2. That the changes proposed improve the aesthetics of the sign; and
3. That the granting of Conditional Use Permit No. 3277A, under the conditions
imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 3277A.
BE IT FURTHER RESOLVED that, effective upon the effective date of this
Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated
herein by this reference (the "Revised Conditions of Approval") amend the Previous Conditions
of Approval and hereby replace the Previous Conditions of Approval in their entirety. All
references to the conditions of approval for Conditional Use Permit No. 3277 shall be to the
Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and
govern the Original CUP, as amended by Conditional Use Permit No. 3277A. The Revised
Conditions of Approval are hereby found to be a necessary prerequisite to the proposed use of
the Property under Conditional Use Permit No. 3277A 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 condition, (ii) the modification complies with the Code, and
(iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED that 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.
BE IT FURTHER RESOLVED that the 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 any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of October 19, 2015. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
c � z I -"� t , C", -0 , �� -
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on October 19, 2015 by the following vote of the
members thereof-
AYES:
hereof
AYES: COMMISSIONERS: CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, DALATI
IN WITNESS WHEREOF, I have hereunto set my hand this 19"' day of October, 2015.
112497-v2/TJR
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00011
Source: Recorded Tract Maps and/or City GIS.
F<,ct Please note the accuracy is +1- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 3277A
(DEV2015-00011)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OFA BUILDING PERMIT
1
The developer shall acquire all appropriate permits from the State or other
Planning and Building
relevant agencies for all work associated with the construction of the sign
Department,
or modifications to landscape areas adjacent to the SR -91 Freeway. All
Planning Services
advertising on the sign shall comply with provisions set forth in Sections
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5200-5489 (Outdoor Advertising Act) of the Business and Professions
Code.
2
Any relocation of City electronic facilities shall be at the developer's
Public Utilities
expense. That landscape and/or hardscape screening of all pad -mounted
Department,
equipment shall be required and shall be shown on plans submitted for
Electrical Engineering
building permits.
3
An Illumination Study shall be prepared to ensure that the brightness of
Planning and Building
the sign meets the Department of Transportation (Caltrans) standards.
Department,
The illumination study is subject to the review and approval of Planning
Planning Services
Department staff.
Division
4
The appropriate permits for the modification of the changeable copy
Planning and Building
sign shall be obtained from the Building Division.
Department,
Planning Services
Division
ON-GOING DURING OPERATIONS
5
The trash storage areas shall be provided and maintained in a location
Planning and Building
acceptable to the Streets and Sanitation Division and in accordance with
Department,
approved plans on file with said Division.
Planning Services
Division
6
The gates shall not be installed across the driveway in a manner which
Planning and Building
may adversely affect vehicular traffic in the adjacent public street(s).
Department,
Installation of any gates shall conform to the Engineering Standards and
Planning Services
shall be subject to the review and approval of the City Traffic Engineer.
Division
7
The plans shall be submitted to the Planning Department for review and
Planning and Building
approval showing conformance with City Standards pertaining to the
Department,
parking lot design. Subject property shall thereupon be developed and
Planning Services
maintained in conformance with said plans.
Division
8
Any lockable pedestrian and/or vehicular access gates shall be equipped
Fire Department
with "knox box" devices as required by the Fire Department.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
9
The proposed office uses shall be limited to the following listed uses
Planning and Building
and that an unsubordinated covenant, reviewed and approved by the
Department,
City Attorney's Office, so -limited said uses shall be recorded in the
Planning Services
office of the Orange County Recorder, a copy of which shall then be
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presented to the Planning Services Division.
a. Accounting — booking, certified public accountant firms or
temporary CPA Firms
b. Advertising
c. Appraisers
d. Banks
e. Brokers — real estate, business opportunities, etc.
f. Business system companies
g. Communication consultants
h. Computer analysis firms
i. Credit reporting agencies
j. Designers — industrial, interior, graphic
k. Development companies
1. Facility maintenance and planning
in. Insurance companies or agencies
n. Inventory services
o. Leasing companies
p. Management consultants or companies
q. Marketing research
r. Personnel agencies
s. Quality control analysis
t. Sales offices (which serve the industrial area as specified by
Code)
u. Secretarial or business services
v. Any use permitted in the Zoning Code
10
The on-site landscaping and irrigation system shall be maintained in
Planning and Building
compliance with City standards.
Department,
Planning Services
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
11
The subject property shall be developed substantially in the accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim by the
Department,
petitioner and which are on file with the Planning Department; provided
Planning Services
however, that the changeable copy sign shall display only advertising or
Division
business identification pertaining to on -premise businesses and/or the
time and temperature, and that there shall be no display of any off-site
uses, products or services on the changeable copy sign. For the purpose
of advertising, an on -premises business shall be defined as a business
that leases office space at this location with an on-site employee or
employees who are regularly present during business hours.
12
The changeable copy sign shall not be illuminated between the hours of
Planning and Building
11:00 p.m. and 5:00 a.m., seven days a week.
Department,
Code Enforcement
Division
13
Each digital image displayed on the sign shall remain static for at least
Planning and Building
six seconds. All images shall gradually transition from one message to
Department,
the next and no rapidly flashing images shall be allowed.
Code Enforcement
Division
GENERAL CONDITIONS
14
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
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result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
15
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all claims,
Planning Services
actions or proceedings brought against Indemnitees to attack, review,
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set aside, void, or annul the decision of the Indemnitees concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality
or validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to, damages,
fees and/or costs awarded against or incurred by Indemnitees and costs
of suit, claim or litigation, including without limitation attorneys' fees
and other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
16
The property shall be developed substantially in accordance with plans
Planning and Building
and specifications submitted to the City of Anaheim by the applicant
Department,
and which plans are on file with the Planning Department and as
Planning Services
conditioned herein.
Division
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