Resolution-PC 2018-019RESOLUTION NO. PC2018-019
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
VARIANCE NO. 2018-05105 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2018-00021)
(515 WEST KATELLA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the
"Planning Commission") did receive a verified petition for Variance No. 2018-05105 to permit
two wall signs on adjacent elevations on an existing hotel, at a certain real property located at 515
West Katella Avenue in the City of Anaheim, County of Orange, State of California, as generally
depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property");
and
WHEREAS, the Property, consisting of approximately one acre, is developed with a hotel
(Wyndham Garden Anaheim). The Anaheim General Plan designates the Property for Commercial
Recreation land uses. The Property is located within the boundaries of the Commercial Recreation
(C-R) District (Development Area 1) of the Anaheim Resort Specific Plan (ARSP) area and is
subject to the zoning and development standards set forth in Section 18.116.060 (Development
Density Areas — Commercial Recreation (C-R) District (Development Area 1)) and Section
18.116.070 (Uses — Commercial Recreation (C-R) District (Development Area 1)) of Chapter
18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards)
of Title 18 (Zoning) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 16, 2018 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 Variance No. 2018-05105 (the
"Proposed Project"), 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 (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, the Planning Commission finds and determines that the Proposed Project is
within that class of projects (i.e., Class 11 — Accessory Structures) which consists of construction,
or placement of minor structures accessory to existing commercial, industrial or institutional
facilities including on premise signs, and that, therefore, pursuant to Section 15311 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
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WHEREAS, this 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 proposed Variance No. 2018-05105, does find and determine the following:
SECTION NO. 18.116.160.060 Business Identification Wall Sign — Hotel/Motel
(For buildings at mid -block locations, signs shall be
located on non -adjacent building elevations; two
signs are proposed on adjacent building elevations)
1. The subject hotel and adjacent hotel are both older buildings that predate the ARSP,
and they are legal -nonconforming with respect to side setbacks. A new hotel built under today's
standards would have a setback of ten feet from the property line, such that there would be 20 feet
of separation between buildings; and
2. The strict application of the Zoning Code would deprive the Property of privileges
enjoyed by other properties under the identical zoning classification in the vicinity of the Property
since, in the existing condition, the two buildings are about seven to eight feet apart, such that a
Code -compliant sign placed on the east elevation of the subject hotel would not be visible from
Katella Avenue and would not serve its intended purpose; and
3. The hotel is located next to a single -story commercial retail center at the corner of
Harbor Boulevard and Katella Avenue, such that the majority of the hotel's west building elevation
is visible from the intersection. This condition provides the hotel with the characteristics of a corner
property. In the ARSP, a hotel on a corner parcel may have up to four signs, with one sign on each
elevation.
and;
WHEREAS, this 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. This 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 Variance No. 2018-05105, contingent upon and 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 condition(s), (ii) the modification complies with the Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 16, 2018. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 April 16, 2018, by the following vote of the members
thereof-
AYES:
hereof
AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS,
LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CARBAJAL
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of April, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2018-00021
APN: 082-271-05
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CID
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E190,
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140.65' 190'
W KATELLA AVE
�s�o Source: Recorded Tract Maps and/or City GIS -
0"
reet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
VARIANCE NO. 2018-05105
(DEV2018-00021)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
1
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees") from any
Planning Services
and all claims, actions or proceedings brought against Indemnitees
to attack, review, set aside, void, or annul the decision of the
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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.
2
The subject property shall be developed substantially in accordance
Planning and Building
with the plans and specifications submitted to the City of Anaheim
Department,
by the applicant and which plans are on file with the Planning
Planning Services
Department.
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3
Approval of this application constitutes approval of the proposed
Planning and Building
request only to the extent that it complies with the Anaheim
Department,
Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or
Planning Services
findings as to compliance or approval of the request regarding any
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other applicable ordinance, regulation or requirement.
4
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of
Department,
the issuance of the final invoice or prior to the issuance of building
permits for this project, whichever occurs first. Failure to pay all
Planning Services
charges shall result in delays in the issuance of required permits or
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may result in the revocation of the approval of this application.
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