Resolution-PC 2016-027RESOLUTION NO. PC2016-027
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2015-05849 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2015-00006)
(2390 EAST ORANGEWOOD AVENUE AND
2121, 2150, 2170 AND 2190 SOUTH TOWNE CENTRE PLACE)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to approve Conditional Use Permit No. 2015-05849 to establish a
coordinated sign program (herein referred to collectively as the "Proposed Project") on that
certain real property located at 2390 East Orangewood Avenue and 2121, 2150, 2170, and 2190
South Towne Centre Place 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 approximately 13.9 acres in size and developed with an
office complex. The Land Use Element of the Anaheim General Plan designates the Property for
"M -U" Mixed Use land uses. The Property is located in the "C -G" General Commercial Zone
and the Platinum Triangle Mixed Use (PTMU) Overlay Zone. Generally, the development
standards and regulations of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay
Zone) of the Anaheim Municipal Code (the "Code") supersede the regulations of the underlying
zone, i.e., that of the "C -G" General Commercial Zone. Subsection .010 of Section 18.20.150
(Signs) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Code
requires that a "coordinated sign program" be submitted to the Planning Department and must
address the following:
(1) Signs shall complement the architecture of the building and provide a unifying
element along the streetscape;
(2) The size, scale, and style of signs shall be internally consistent, and consistent with
the scale of the buildings of which they are a part; and
(3) Wall signs for ground floor uses shall be placed between the doorway and the upper
fagade, and shall be located at approximately the same height as all other ground floor wall signs
to create a unifying, horizontal pattern.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 21, 2016 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
(Procedures) of the Code, to hear and consider evidence for and against proposed Conditional
Use Permit No. 2015-05849 and to investigate and make findings and recommendations in
connection therewith; and
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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 (Title 14 of the California Code of Regulations; 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; and
WHEREAS, this 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 11 —
Accessory Structures) which consists of the "construction, or replacement of minor structures
accessory to (appurtenant to) existing commercial, industrial, or institutional facilities. Section
15311 of the CEQA Guidelines provides examples of projects that qualify for an exemption from
the provisions of CEQA. The example that is applicable to the Proposed Project is for on -
premise signs The Proposed Project fits within that example and, pursuant to Section 15311 of
the CEQA Guidelines, 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. 2015-05849, does find and
determine the following facts:
1) That the signs complement the architecture of the buildings on the same
property and provide a unifying element along the streetscape; and
2) The size, scale and style of signs shall be internally consistent, and consistent
with the scale of the buildings located on the same property and the
surrounding land uses.
3) Wall signs for ground floor uses shall be placed between the doorway and the
upper facade, and shall be located at approximately the same height as all
other ground floor wall signs to create a unifying, horizontal pattern.
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. 2015-05849, does find and
determine the following facts:
1. The proposed request to permit a coordinated sign program at the Premises is
subject to a conditional use permit authorized under Section No. 18.44.055.040 of Chapter 18.44
(Signs) of the Code.
2. The proposed conditional use permit, as conditioned herein, would 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 signs a will be a quality design that is internally consistent and
complement the architecture of the buildings within the complex;
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3. The size and shape of the site for the use is adequate to allow the full development
of the proposed project in a manner not detrimental to the particular area or to the health and
safety because the proposed signs will be internally consistent and located out of any line -of -
sight areas.
4. The traffic generated by the proposed project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area there will be
no traffic generated by this use.
5. 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 as the proposed
project will be compatible with the surrounding area through conditions of approval for the use
and is not a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2015-05849, 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 under
Conditional Use Permit No. 2015-05849 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.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of March 21, 2016. 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.
CHAI , 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 March 21, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CALDWELL
IN WITNESS WHEREOF, I have hereunto set my hand this 21St day of March, 2016.
A,.�
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00006
APN: 232-011-46
232-011-28
232-011-33
232-011-32
232-011-26
232-011-25
232-011-30
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Source: Recorded Tract Maps and/or City GIS.
Feet
Please note the accuracy is +/- two to five feet.
— 5 — PC2016-027
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2015-05849
(DEV2015-00006)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF SIGN PERMITS
1
A Sign Relocation Covenant shall be executed by the legal property owner and
Public Works,
recorded for all the signs located within the ultimate right-of-way or within the
line -of -sight clear zone as measured from the ultimate right-of-way.
Development Services
2
Prior to issuance of building permits, an encroachment license shall be executed
by the owner and recorded for all the signs located within the ultimate right -of-
Public Works,
way or within the line of sight clear zone measure from the ultimate right-of-
Development Services
way.
3
Any future signage for the office complex or individual tenants must be in
planning and Building
substantial conformance with the coordinated sign program. All new signs
Department,
must be reviewed and approved by Planning Department staff.
Planning Services
Division
4
Any future signage for the office complex that does not comply with the code
may be reviewed and approved by the Planning Director, provided that the
Planning and Building
signs are in substantial conformance with the coordinated sign program.
Department,
Planning Services
Division
GENERAL
CONDITIONS
5
The Applicant is responsible for paying all charges related to the processing of
Planning and Building
this discretionary case application within 30 days of the issuance of the final
Department,
invoice or prior to the issuance of building permits for this project, whichever
Planning Services
occurs first. Failure to pay all charges shall result in delays in the issuance of
required permits or may result in the revocation of the approval of this
Division
application.
6
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning and Building
officials, officers, employees and agents (collectively referred to individually
Department,
and collectively as "Indemnitees") from any and all claims, actions or
Planning Services
proceedings brought against Indemnitees to attack, review, set aside, void, or
Division
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.
7
The property shall be developed substantially in accordance with plans and
Planning and Building
specifications submitted to the City of Anaheim by the applicant and which
Department,
plans are on file with the Planning Department and as conditioned herein.
Planning Services
Division
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"EXHIBIT C"
COORDINATED SIGN PROGRAM
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