Resolution-PC 2018-043RESOLUTION NO. PC2018-043
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05958
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2018-00016)
(1041 AND 1065 NORTH PACIFICENTER DRIVE
AND 1081 NORTH TUSTIN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2018-
05958 to permit a coordinated sign program, consisting of monument signs, pylon signs, wall
signs, and a freeway -oriented sign, for a proposed mixed-use development, (herein referred to
as the "Proposed Project") for premises located at 1041 and 1065 North Pacificenter Drive and
1081 North Tustin Avenue in the City of Anaheim, County of Orange, State of California, 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 14.68 acres in size and is currently
developed with four commercial buildings and a parking lot serving the adjacent Anaheim
Canyon Metrolink Station. The Property is located in the Transit Oriented Area (Development
Area 3) of the Anaheim Canyon Specific Plan ("SP 2015-1, DA 3") and is subject to the zoning
and development standards of Chapter 18.120 Anaheim Canyon Specific Plan No. 2015-1 (SP
2015-1) Zoning and Development Standards. The Anaheim General Plan designates the
Property for Mixed Use land uses; and
WHEREAS, on March 5, 2018 the Anaheim Planning Commission approved
Conditional Use Permit No. 2017-05911 to permit a mixed-use project consisting of 406
apartments in two residential buildings and 5,000 square feet of new commercial space over
four properties on the Proposed Project site; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 20, 2018 at 5:00 p.m., and 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. 2018-05958, 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
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WHEREAS, the Planning Commission finds and determines that the Proposed
Project is within that class of projects (i.e., Class 11 — Accessory Structures) construction, or
replacement of minor structures accessory to (appurtenant to) existing commercial, industrial,
or institutional facilities, including but not limited to on -premises 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
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 with respect to the request for Conditional Use Permit No. 2018-05958, 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 will be internally consistent, and consistent
with the scale of the buildings located on the same property and the surrounding land uses.
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. 2018-05958, 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 project, 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 internally consistent and complement the architecture of the
buildings within the campus;
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 adjacent to the public right-of-way.
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.
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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. No. 2018-05958, 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. 2018-05958 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 August 20, 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.
CHAI ERSO , PLANNI
OF TNG C M ION
HE C �' 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 August 20, 2018 by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 201h day of August, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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APN: 345-181-18
345-181-05 EXHIBIT "A"
345-181-08
345-181-09 DEV NO. 2018-00016
345-181-12
345-181-03
0"'0 '0" Source: Recorded Tract Maps and/or City GIS.
F"tPlease note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2018-05958
(DEV2018-00016)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO
ISSUANCE OF B UILDING/SIGN PERMITS
1
Sign Construction Plans shall be submitted to the Building Division for
review and approval. All proposed signs, including their foundation and
Public Works
overhangs, shall be placed outside of the ultimate public right-of-way and
Department,
outside of existing and proposed easements. Proposed signs shall not block
Development Services
the pedestrian path of travel and shall not conflict with WQMP BMPs nor
Division
drainage facilities.
2
The owner/developer shall submit a copy of the Caltrans Encroachment
Permit for On -Premise Advertising Displays, Arcades, Awnings, and
Public Works
Marquees Permit Code AD for an proposed signs
q ( ) y p p gns visible from The 91
Department,
Riverside Freeway if required by Caltrans.
Development Services
Division
3
For the sign to be placed on Parcel 4 of Parcel Map No. 99-129, the
applicant shall demonstrate compliance with all the requirements specified
Public Works
on the "Limited, Non -Exclusive Easement Agreement (Entry Monument
Department,
Sign)" recorded on June 19, 2018 as Instrument No. 2018000224115 of
Development Services
Official Records of Orange County.
Division
4
The following minimum clearances shall be provided between water
Public Utilities
facilities and proposed signs:
• 10 feet of clearance from existing public water mains.
Department,
• 10 feet of clearance from all other existing or proposed water facilities
Water Engineering
(e.g. fire hydrants, service laterals, meters, meter boxes, backflow
devices, etc.).
GENERAL
5
Any future signs for the mixed-use campus or individual tenants must be
in substantial conformance with the coordinated sign program. All new
Planning and Building
signs must be reviewed and approved by Planning Department staff.
Department,
Planning Services
Division
6
Any future signs for the mixed-use campus or individual tenants that do
not comply with the Code may be reviewed and approved by the Planning
Planning and Building
Directorrovided that the signs
p gns are in substantial conformance with the
Department,
coordinated sign program.
Planning Services
Division
7
The applicant is responsible for paying all charges related to the processing
of this discretionary case application within 30 days of the issuance of the
Planning and Building
final invoice or prior to the issuance of building permits for this project,
Department,
whichever occurs first. Failure to pay all charges shall result in delays in the
Planning Services
issuance of required permits or may result in the revocation of the approval
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of this application.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
8
The Applicant shall defend, indemnify, and hold harmless the City and its
officials, officers, employees and agents (collectively referred to
planning and Building
individually and collectively as "Indemnitees") from any and all claims,
Department,
actions or proceedings brought against Indemnitees to attack, review, set
Planning Services
aside, void, or annul the decision of the Indemnitees concerning this
Division
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 proceedings.
9
The sign program shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the applicant
planning and Building
and which plans are on file with the Planning Department and as
Department,
conditioned herein.
Planning Services
Division
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