Resolution-PC 2020-005RESOLUTION NO. PC2020-005
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 3566 AND VARIANCE NO. 2020-05136
(DEV2019-00124)
(5 10 NORTH EUCLID STREET)
WHEREAS, on June 28, 1993, and subject to certain conditions of approval, the City
Planning Commission of the City of Anaheim (the "Planning Commission"), by its Resolution No.
93-72 approved Conditional Use Permit No. 3566 to permit the construction of a regional shopping
center with indoor entertainment facilities, an automotive repair and parts installation facility in
conjunction with a major retail tenant, semi enclosed restaurants, and an auditorium/community
meeting room, with waivers of those requirements contained in the Anaheim Municipal Code (the
"Code") related required setbacks, landscaping, maximum sign area, number of freestanding signs,
height of freestanding signs, area and number of roof signs, and maximum height of illuminated
signs in conjunction with a Coordinated Sign Program, (herein referred to as the "Original CUP")
on that certain real property located at 510 North Euclid Street 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, the Planning Commission did receive a verified petition to amend the
Coordinated Sign Program in conjunction with the Original CUP to allow for the replacement of
the freeway -oriented pylon sign and monument signs and Variance No. 2020-05136 to permit
more tenant panels than permitted by the Anaheim Municipal Code for the Property. Said
amendment to the Original CUP is designated herein as Conditional Use Permit No. 3566A; and
WHEREAS, the Property is approximately 48.7 acres in size and is currently developed
with a regional shopping center. The property is zone "C -G" General Commercial. The Anaheim
General Plan designates the Property for Regional Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on March 16, 2020 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.
3566A and to investigate and make findings and recommendations in connection therewith, and
this item was continued to the March 30, 2020 and April 13, 2020 meetings; 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; and
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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 that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 2 —
Replacing or Reconstruction) which is applicable to the replacement or reconstruction of existing
structures and facilities where the new structure will be located on the same site as the restructure
replaced and will have substantially the same purpose and capacity as the structure replaced. The
Project scope proposes to demolish and reconstruct the existing shopping center monument
signage. The height, square footage, and placement of the monument signs will not be altered and
will not result in a significant environmental impact, therefore, pursuant to Section 15302 of the
CEQA Guidelines, the project is categorically exempt from the provision 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. 3566A, does find and
determine that the evidence presented shows that all of the following conditions exist:
1. That the proposed modifications to the sign(s), under the conditions imposed, do not
increase the height or sign area square footage and complies with the Anaheim Plaza sign program
and the development standards outlined in the Anaheim Municipal Code;
2. That the changes proposed improve the aesthetics of the sign; and
3. That the granting of Conditional Use Permit No. 3566A, under the conditions imposed,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
WHEREAS, the Planning Commission does further find and determine that the request
for Variance No. 2020-05136 to exceed the allowed number to tenant panels for the 80 -foot tall
pylon sign shall be approved for the following reasons:
1. There are special circumstances applicable to the Property, including size, shape,
topography, location or surroundings, which do not apply to other property under identical zoning
classification in the vicinity. The Anaheim Plaza shopping center is approximately 48 acres in size
and has site frontages which range from 1,300 to 1,700 feet along major arterial highways and a
freeway. Incorporating additional tenant panels would be able to accommodate all of the largest
anchor tenants within the center, including the tenants on the north side of Crescent Avenue that are
located over 1,700 feet from the freeway off ramp to Euclid Street. Because of the large size of this
regional shopping center, and the distance of some large tenants from the freeway, as compared to
other centers throughout the City, there are special circumstances applicable to the property, including
size, shape, topography, location or surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
2. That, because of the special circumstances identified above, strict application of the
Zoning Code would deprive the property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 3566A and Variance No. 2020-15136.
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. 3566A 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. 3566A. 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. 3566A and Variance No. 2020-05136 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 April 13, 2020. 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.
i
CHA RSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
i�
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 April 13, 2020 by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 13`i' day of April, 2020.
i�
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 3655-A
VARIANCE 2020-05136
(DEV2019-00124)
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INDUSTRIAL
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1 DEV No. 2019-00124
1679 West Crescent Avenue
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ANAHEIM PLAZA
SHOPPING CENTER
C -G
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SHOPPING CENTER
APN: 072-110-37
072-110-52
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034-300-72
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 3655-A
VARIANCE 2020-05136
(DEV2019-00124)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF A 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 I-5 Freeway. All
Planning Services
advertising on the sign shall comply with provisions set forth in Sections
Divisions
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
PRIOR TO ISSUANCE OFA SIGN PERMIT
4
Sign Construction Plans shall be submitted to the Building Division for
Planning and Building
review and approval. All proposed signs, including their foundation and
Department,
overhangs, shall be placed outside of the ultimate ROW (2 -ft. minimum
Planning Services and
clearance from the ultimate ROW) and outside of existing and proposed
Building Divisions
easements. Proposed signs shall not block the pedestrian path of travel
and shall not conflict with WQMP BMPs nor drainage facilities.
5
Plans shall be submitted showing line of sight triangle at all driveways
Public Works
per City of Anaheim Engineering Standard Detail 115-B, which requires
Department,
a 7 foot by 50 foot triangular clear zone from the ultimate right of way
Traffic Engineering
line, to ensure monument signs, landscaping, and other obstructions are
outside of clear zone.
6
The property owner/developer shall obtain any necessary permits and
Public Works
approvals from Caltrans for the proposed sign along the freeway. Written
Department,
approval shall be submitted to the City.
Traffic Engineering
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
ON-GOING DURING OPERATIONS
7
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
however, that the signs shall display only advertising or business
Planning Services
identification pertaining to on -premise businesses, and that there shall be
Division
no display of any off-site uses, products or services on the signs.
GENERAL CONDITIONS
8
That the freeway -oriented project and major tenant identification sign
Planning and Building
shall be limited to no more than eight (8) on-site major tenant
Department,
identification panels.
Planning Services
Division
9
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
for this project, whichever occurs first. Failure to pay all charges shall
Planning Services
result in delays in the issuance of required permits or may result in the
Division
revocation of the approval of this application.
10
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, set
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 proceeding.
11
The property shall be developed substantially in accordance with plans
Planning and Building
and specifications submitted to the City of Anaheim by the applicant and
Department,
which plans are on file with the Planning Department and as conditioned
herein.
Planning Services
Division
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